We white people have lots to learn about racism in America no matter how progressive our attitudes toward race. I realized this some years ago when I found Toni Morrison’s Beloved so grimly illuminating in depicting the cruelty experienced after the abolition of slavery by our African American fellow citizens left in a malicious shadow land of unknowing, a reflection of white indifference. It made me abruptly realize that I had never effectively grasped the intensities of hurt and pain of even close black friends afflicted or threatened with affliction as a result of societal attitudes of hatred and fear that lie just below the surface, behavior socially conditioned to be ‘politically correct.’ White consciousness was preoccupied with the condemnation of hideous events that capture national attention, but remain largely unaware of the everyday racism that is the price African Americans of talent and privilege pay for ‘success’ when penetrating the supremacy structures of society that remain predominantly white.
I recall some years ago being picked up at the airport in Atlanta by a couple of white undergraduates assigned to take me to the University of Georgia where I was to give a lecture. On the way we got onto the subject of race, and they complained about tensions on their campus. I naively pointed out that the stars of their football and basketball teams were black, and since white students were fanatic collegiate sports fans at Southern universities, wouldn’t this solve the problem. I assumed that these black athletes who won games for the college would be idolized as local heroes. The students taking me to the lecture agreed with my point, but claimed that the black athletes refused to socialize with whites, displaying an alleged ‘reverse racism’ that the white student body resented. In explaining this pattern of multi-culturalism to me, whether accurate or not I have no idea, these young Southerners did not pause to wonder whether this reluctance by campus blacks, including the sports stars, to mingle socially might have something to do with the history of race relations in the South, and not just the history but an of nasty earlier experiences of racism as well, and not just in the South, but throughout whole of the country, and that this was their reason for choosing to be racially aloof!
It is with such thoughts in mind that reading Claudia Rankine’s Citizen: An American Lyric (Greywolf Press, 2014) became for me a revelatory experience, especially against a foreground filled with such extreme reminders of virulent racism as lived current experience as Treyvon Martin, Ferguson, Charleston, and countless other recent reminders that the racist virus in its most lethal forms continues to flourish in the American body politic. The persistence of this pattern even in face of the distracting presence of an African-American president who functions both as a healing ointment and as a glorified snake oil salesman who earns his keep by telling Americans that we belong to the greatest country that ever existed even as it reigns down havoc on much of the world. On a more individual level, I can appreciate the extraordinary talent, courage, and achievement of Barack Obama, hurdling over the most formidable psychological obstacles placed in the path of an ambitious black man. Yet looked at more collectively, it now seems all too clear that the structures of racism are far stronger than the exploits of even this exceptional African American man.
What makes Rankine’s work so significant, aside from the enchantment of its poetic gifts of expression, is her capacity to connect the seemingly trivial incidents of everyday race consciousness with the living historical memory and existential presence of race crimes of utmost savagery. In lyrically phrased vignettes Rankine draws back the curtain on lived racism, relying on poetic story telling, and by so doing avoids even a hint of moral pedantry. She tells a reader of “a close friend, who early in your friendship, when distracted, would call you be the name of her black housekeeper.” [48][*] Or a visit to a new therapist where she approached by the front door rather than the side entrance reserved for clients, and was angrily reproached, perceived as an unwanted intruder: “Get away from my house! What are you doing in my yard?” When informed that the stranger was her new patient the therapist realized her mistake, “I am so sorry, so so sorry.” [115].
Or when as a candidate for a university job she is being shown around a college campus by a faculty member who lets her know why she has been invited: “..he tells you his dean is making him hire a person of color when there are so many great writers out there.” She shares her unspoken reaction that is the main point: “Why do you feel comfortable saying this to me?” [66] The repetition of these daily occurrences in her recounting let’s us better understand why an African American cannot escapes the unconscious barbs of soft racism no matter how intelligent and accomplished a black person becomes in ways that the dominant society supposedly values and rewards. She invokes the inspirational memories of James Baldwin and Robert Lowell, not that of Martin Luther King or Nelson Mandela, or even Malcolm X, as brilliant wellsprings of understanding and defiance, acting as her undesignated mentors. This experience of racism in America has been told with prose clarity and philosophic depth by my friend and former colleague, Cornel West, in Race Matters, a similar narrative of citizenship that Rankine conveys through poetic insight and emotion, allowing readers enough space to sense somewhat our own poorly comprehended complicity. Reading West and Rankine together is one way to overcome the body/mind dualism, with West relying on the power of reason and Rankine on the force of emotion.
As Rankine explains with subtle eloquence, what may seem like hyper-sensitivity to episodic understandable stumbles by even the most caring whites is actually one of the interfaces between what she calls the ‘self self’ and ‘the historical self,’ a biopolitical site of self-knowledge that embodies “the full force of your American positioning.” Such positioning is a way of drawing into the present memories of slavery, lynching, persecution, and discrimination that every black person carries in their bones, not as something past. And as Faulkner reminds us over and over again, the past is never truly past. On this Rankine’s words express her core insight: “[T]he world is wrong. You can’t put the past behind you. It’s buried in you..” [307] Summing up this inability to move on she observes, “[E]xactly why we survive and can look back with a furrowed brow is beyond me.” [364] The mystery, then, is not the failure to forget, but persevering given the agony of remembering.
The longest sequence in the book is somewhat surprisingly devoted to the torments experienced by Serena Williams in the course of her rise to tennis stardom. Rankine, who in other places suggests her own connection with tennis, thinks of Serena as the “black graphite against a sharp white background.” She recounts her early career struggles with eminent umpires in big matches who made bad calls, trapped in what Rankine calls “a racial imaginary.” Serena feels victimized because black, and on several taut occasions loses her composure under the intense pressure of the competitive moment, raging and protesting, and then being called “insane, crass, crazy.” [193] While Rankine appreciates that Williams is likely to be considered the greatest woman tennis player ever, she still views her primarily as bravely triumphing over the many efforts to diminish her.
As a tennis enthusiast myself, it is the one portion of Rankine’s lyric that does not ring entirely true, or more precisely, that the race optic misses Serena’s triumphal presence on the public stage that has been accomplished with uncommon grace, joyfulness, and integrity. Unlike that other African American over-achiever, Barack Obama, Williams has attained the heights without abandoning her close now inconvenient associates the way Obama ditched Jeremiah Wright and even Rashid Khalidi and William Ayers so as to provide reassurance to his mainstream white backers. Williams has always continued to affirm warmly her Dad despite his provocative antics and defiance of the white establishment that controls the sport. She held out long enough so that the racist taunts she and Venus received at Indian Wells were transformed into tearful cheers of welcome on her return 13 years later after being beseeched by the sponsors. Williams, always gracious and graceful in victory on the court, with a competitive rage that is paralleled by a fighting spirit that puts her in the winners’ circle even when not playing her ‘A’ game, Serena is for me the consummate athlete of our time, doubly impressive because she does not shy away from memories of the Compton ghetto where she grew into this remarkable athlete and person and while still acquiring the wit, imagination, and poise to speak French when given her latest trophy after winning the Roland Garros final in Paris. Considering where she started from she has traveled even further than Obama, although his terrain entails a far heavier burden of responsibility and historical significance.
Somehow I feel Rankine perhaps absorbed by the preoccupations that give coherence to Citizen missed the deeper reality of Serena Williams as a glorious exception to her portrayal of the African American imaginary. I do not at all deny that Williams’ life has been framed from start to finish with the kind of micro-aggressions that Rankine experienced, and indeed a closer proximity to the macro-aggressions that the media turns into national spectacles, but presenting her life from this limited viewpoint misses what I find to be the most captivating part of her life story. And maybe a fuller exposure to Rankine’s reality would lead me to celebrate her life as also one that transcends race as the defining dimension of her experience. What is known is that in 1963 Rankine was born in Kingston, Jamaica, raised in New York, educated at the best schools, and is enjoying a deservedly fine career as award winning poet, honored scholar, and rising playwright.
With brief asides, coupled with a range of visual renderings that give parallel readings (Rankine is married to John Lucas, a videographer, with whom she writes notes in this text for possible future collaborative scripts on racially tinged public issues), she brings to our awareness such societal outrages as the beating of Rodney King that was caught on a video camera, and led to the Los Angeles riots of 1992 or the racist aspects of the aftermath of Hurricane Katrina or a series of more recent assaults, including the diabolic frolic of fraternity boys at a university who joyously recalled the pleasures of lynching or the slaying of Trayvon Martin by a security guard whose crime was followed by his unacceptable acquittal. It is this tapestry of experience that seems to be for Rankine the American lyric that provides the sub-title of her book, and silently poses the question, without offering us the satisfaction of answers, as how these awful tales alter the experienced reality of being a ‘citizen’ of this country at this time; that is, if the citizen is viewed as one who owes loyalty to the state and is entitled to receive human security, protection, and the rule of law in return, how does this relate to the black experience of human insecurity and inescapable vulnerability. Rankine leaves me with the impression that even if these entitlements of citizenship can be somehow delivered (which they are not to those struggling), the grant of loyalty in the face of persisting racism is suspect. Raising such doubts is against the background of Rankine’s surface life as mentioned is one of privilege and success, holding an endowed chair at Pomona College, someone who plays tennis and can afford to see a therapist. Rankine is telling us both that this matters, saving her from the grossest of indignities because of the color of her skin, but not sparing her from an accumulation of racial slights or relieving her of the heavy awareness that she could be a Rodney King or Trayvon Martin if her social location were different or that whatever she might do or achieve she is still haunted by the memories of a ghastly past for people with black skin. In the deep structures of composition and consciousness that informs Citizen is a brilliant and instructive interweaving of time present and past, embodying both the memories buried within Rankine’s being and the present assaults she endures as a result of headlines bearing news of the latest hideous racist incident. Despite Rankine’s own personal ascent she as citizen confronts these past and presents challenges to her being, as underscored by the everyday racism that cannot be separated from the lynchings, beatings, and jail time that the black community as community has experienced ever since being transported to this land in slave ships.
Such displays of awareness are followed by more conventionally poetic reflections on what this all means for Rankine. In lines that epitomize her lyric voice, and that she might be choose for her gravestone:
“you are not sick, you are injured—
you ache for the rest of your life.”
And again:
“Nobody notices, only you’ve known
you’re not sick, not crazy,
not angry, not sad—
It’s just this, you’re injured”
The worst effect of such an injury is an acute sense of alienation that separates
the public self from the private self:
“The worst injury is feeling
you don’t belong so much
to you—“
Reverting one last time to my own experience from the other side of the mirror, I recall my first intimate relationship with an African American as a boy growing up in Manhattan in the 1940s and 1950s. I was raised by a troubled, conservative father acting as a single parent who warily hired an African American man to be our housekeeper on the recommendation of a Hollywood friend. Willis Mosely was no ordinary hire for such a position, being a recent Phi Beta Kappa graduate from UCLA, with a desire to live in New York to live out his dreams to do New York theater, a big drinking problem, and an extroverted gay identity, but beyond all these attributes, he was a charismatic personality with one of the great, resounding laughs and an electrifying presence that embodied charm, wit, and tenderness, demonstrating his intellectual mettle by finishing the Sunday NY Times crossword puzzle in lightning speed, then a status symbol among West Side New Yorkers. Willis was a challenge for my rather reactionary father who could only half hide his racist bias and on top of his, was also unashamedly homophobic; added to this my dad was counseled by family friends that it was irresponsible to have his adolescent son’s principal companion be a gay man in his low 30s. I am relating this autobiographical tidbit because despite this great gift of exposure to a wonderfully loving black man in these formative years, who influenced me greatly in many ways, I was unable to purge the racism in my bones, or was it genes.
Years later while dating a gifted former black student, whose outward joyfulness acted as a cover for her everyday anguish and deeper racial torment, she let me know gently that I would never be able to understand her because, as she put it, “we listen to different music.” It happened, I had just taken her to a Paul Winter concert that she didn’t enjoy, and so I missed the real meaning of her comment until this recent reading of Rankine’s Citizen. In effect, it took me several decades to hear this dear friend because until recently I was listening without really, really being able to hear! Of course, the primary failing is my own, but it is a trait I share with almost the whole of my race, and probably most of my species, and is indirectly responsible for the great weight on the human spirit produced by low visibility suffering that goes unnoticed everywhere in the world except by its victims. To become attuned to this everday racism, as Rankine shows so convincingly, is also to become even more appalled by the high visibility racism that in our current societal gives rise to public condemnations across the political spectrum.
What Claudia Rankine shares and teaches is that every African American citizen must live with the existential concreteness of racism while even the most liberal of American white citizens live with only an abstract awareness of their own unconscious racism or, at best, their rather detached empathy with the historical victimization of our African American co-citizens. Just as blacks have the torments of racism in their bones, whites are afflicted with resilient mutant forms of unconscious racism. We learn through this extraordinary lyric that moving on, for either black or white, is just not an option! And yet it is a necessity!
[*] The numbers refer to the lot #s on the Kindle edition. Citizen was a finalist for 2014 National Book Award in the Poetry category. The winner, ironically, was Rankine’s teacher at Williams College, who described her pupil as ‘a phenomenal student.’
Tags: African American, America, blacks, citizenship, Claudia Rankine, everyday racism, racism, Serena Williams
Global Justice in the 21st Century 
UN Report on War Crimes during Israel’s 51 Day Assault on Gaza
6 JulExactly a year ago, for 51 days between July 7 and August 26 Israel carried out its third major military assault (2008-09; 2012; 2014) on Gaza in the past six years. This last one, code named Operation Protective Edge by Israeli Defense Forces, was the most vicious, killing 2,251 Palestinians, of which 1,462 were civilians, and included 299 women and 551 children, as well as injuring 11,231, a number that includes 3,436 children, 10% of whom have permanent disabilities, and another 1,500 have been orphaned. Israel also suffered casualties: 73 killed of whom 67 were military personnel, and 1,600 injured. Additional to the human casualties, 18,000 Palestinian housing units were destroyed, along with substantial damage to Gaza’s electricity and sanitation systems, 500, 000 Palestinians (almost 1/3 of Gaza’s population) were forcibly displaced during the military operations and 100,000 remain so a year later, and 73 medical facilities and ambulances were destroyed or damaged. Due to the Israeli blockade, the aftermath of this onslaught has prevented a normal recovery, extending the period of suffering endured by the entire Gazan population. The magnitude of the Palestinian losses, as well as the comparison with Israeli losses, and the comparative ratio of civilians to military killed on the two sides, by itself suggests that the essential character of this Israeli undertaking is best understood as ‘state terror’ directed at Gaza’s population as a whole. Such conclusions are reinforced by Israel’s provocations during the month prior to the launch of the attack and by the refusal of its government even to consider frequent proposals by Hamas to establish long-term internationally supervised ceasefire proposals.
This one-sided impression of the events is not conveyed by the much anticipated UN Report of the Commission of Inquiry (COI) set up by the Human Rights Council to investigate violations of international human rights and international humanitarian law in July of 2014 that were occurring during Operation Protective Edge. The Commission was originally chaired by William Schabas, a leading world expert of international criminal law, but he resigned under pressure effectively mounted by Israel and the United States, centering on the discovery that Schabas has accepting a small consulting fee for some professional advice given to the Palestinian Liberation Organization a few years earlier. This unhappy development left the commission with only two members, Mary McGowan Davis from the United States and Doudou Déne from Senegal, with Judge McGowan being named as chair. Neither is considered expert in relation to the subject matter being investigated.
Balance amid Imbalance
The report strives for ‘balance’ carefully setting off violations by Israel against those of what it calls ‘Palestinian armed groups’ creating a profoundly false sense on the part readers as to equivalent responsibility for wrongful behavior by both Israel and Palestine. I agree with Ali Abunimah’s carefully formulated explanation for this misleading approach taken in the report and the deeper message being conveyed: “Despite the ‘balanced’ language that is now the habitual refuge of international officials hoping to avoid false accusations of anti-Israel bias, the evidence shows the scale and impact of Israel’s violence dwarfs anything allegedly done by Palestinians.” [See Ali Abunimah, “’Balance’ in UN Gaza Report can’t hide massive Israeli War Crimes,” Electronic Intifada, 22 June 2015] Or as the widely respected international NGO, BADIL, expresses a similar reaction: “In the language employed, there appears a desire to portray the adversaries as being on an equal footing, despite this being patently untrue, as revealed in the vast disparity in respective casualties and destructive capabilities…attempts to portray ‘balance’ where there is none is extremely problematic.” Typical of the imbalanced balance, the Report observes that “Palestinian and Israeli children were savagely affected by the events,” [§25] which is accurate in a literal sense, but a gross example of treating unequals equally, given the far greater severity of suffering endured by Palestinian children.
Looking for a glimmer of silver lining, some have endorsed this framing device of balance as justified to so as to persuade the mainstream media in the West, and especially the United States, to view the contents of the report more seriously as it cannot be dismissed simply by being called anti-Israeli, or worse, anti-Semitic.
As Abunimah emphasizes there is this strange mismatch between the strong evidence of Israeli disregard of legal constraints on military tactics that unduly imperil civilians and this rhetoric of balance, which in effect, assigns blame to both sides. This is not to argue that the criminality of resistance tactics employed by Hamas and associated military groups in Gaza should be entirely ignored, but rather that the primary human impact of Protective Edge was to leave Gaza bleeding and devastated, while Israel endured minimal damage and dramatically less destructive impacts on its societal order. Israeli damage was repaired almost immediately. In contrast, Israel’s refusal to allow ample reconstructions materials to enter has left substantial parts of Gaza in ruins, with many Gazans continuing to lack adequate shelter, remain homeless, displaced, and understandably traumatized.
Civilian Focus
Despite what might appear to be overly cautious language, a fair reading of the report supports three important conclusions:
Such findings, coupled with the detailed evidence set forth in the body of the report, provide the International Criminal Court with a strong, if indirect, mandate to proceed further with its preliminary investigation of Israeli criminality in the Gaza War. Palestine is reinforcing this momentum by submitting its own body of evidence to back up allegations of Israeli criminality related to Protective Edge. The Commission makes clear that it is relying, as is customary for non-judicial inquiries of this sort, on a ‘reasonable grounds’ test of potential criminality [§11], which is not as rigorous as would be applied in an ICC trial of accused individuals where the test is often formulated “as guilty beyond reasonable doubt” or some wording to that effect.
The Report makes no pretension of making a professional determination as to whether criminal prosecution should follow from its findings, although in its Recommendations section it does urge both the ICC and national courts relying on Universal Jurisdiction to move forward with indictments and prosecutions if the apparent criminality of either side’s conduct is confirmed by further investigation. The ICC had already begun an investigation of its own in response to a Palestinian request after Palestine became a party to the Rome Treaty that provides the authoritative framework for addressing alleged international crimes at an international level. Whether the ICC can bring any perpetrators of Israel’s criminal policies to justice is extremely doubtful as Israel, a non-member, is certain to denounce the effort and the institution and refuse all forms of cooperation; it is relevant also to note that the ICC is not permitted to hold trials without the presence in the courtroom of those accused. Nevertheless, even the prospect of indictments and arrest warrants is itself a strong challenge to Israel’s approach to Gaza, and to the Palestinians generally, and it will further strengthen the BDS Campaign, as well as the wider global solidarity movement that rests on the delegitimizing of Israel’s policies and practices. It will also inhibit travel of Israeli political and military leaders to those countries that empower national courts to exercise universal jurisdiction in relation to well-evidenced allegations of violations of international criminal law.
Context
There are some definite positive elements in the Report beyond these general conclusions worth mentioning. Unlike prior assessments, including the Goldstone Report of 2009 dealing with Operation Cast Lead, the attack on Gaza that began on December 27, 2008, this new report specifies the context by referring to the Israeli blockade of Gaza as imposing “a continuing collective penalty against the population of Gaza,” [§15]. The Report fails to take the next logical step of identifying this penalty as a flagrant violation of Article 33 of the Fourth Geneva Convention that unconditionally prohibits any collective punishment, and hence is a continuing crime against humanity. Helpfully, though, the Report does say that “the impact of hostilities cannot be assessed separately from the blockade imposed by Israel.” This view is appropriately reinforced with the significant call for “a full and immediate lifting of the blockade,” [§24] although the relevance of the blockade is not stressed in the COI analysis of the combat tactics relied upon by both sides, which suffers from its resolve to appear ‘balanced.’
The Report also took innovative account of the fact that the Palestinians were suffering from ‘protracted occupation’ and that there was absent any prospect of peace between Israel and Palestine. [§14ff] Acknowledging that this defining reality has some bearing on the reasonableness of resistance tactics, and should be treated as relevant when assessing the severity of violations. In contrast, Israel as the occupier that has long not only failed to implement, but actively subverted, the unanimous Security Council injunction to withdraw from territory occupied in 1967, should be held to higher standards of compliance with international law by the UN. In the end, the incendiary question posed indirectly is “What are the Palestinians expected to do by way of resistance, considering that they lack precision weaponry and have long been victimized by a prolonged occupation that is oppressive and exploitative, and shows no sign of ending anytime soon?’
These contextual factors are also affected by a diplomatic context in which Israel insists on treating Hamas as a terrorist entity, despite the fact that Hamas has been offering long-term proposals for peaceful coexistence supervised by an international presence ever since it decided to pursue a political track to liberation when it participated successfully in 2006 elections in Gaza and the West Bank and effectively abandoned armed struggle, including suicide bombing, as its approach to liberation. Such a potential diplomatic path to Israeli security is not mentioned in the Report, or its legal correlative, that since World War II, recourse to war is legally valid only as a last resort even where legal claims of self-defense are well-grounded. In this regard, Israel’s refusal to explore a diplomatic alternative to war casts doubts on its claim to be acting in necessary self-defense. This diplomatic option for Israeli security should have been discussed in the Report even if it could not be definitively proven to exist. Also, not discussed, is whether given stage-setting Israeli anti-Hamas provocations in the West Bank, which are set forth in the Report, along with the absence of any substantial damage from Gaza rockets fired at Israel, the legal conditions for a claim of self-defense existed given the seeming absence of a prior armed attack as required by Article 51 of the UN Charter.
The Report relies on a methodology based on a reasonable interpretation of customary international law articulated by reference to three principles: of distinction (limiting attacks to discrete military targets) ; of proportionality (avoiding uses of force disproportionate to the value of the target); of precaution (taking reasonable measures to avoid civilian death and destruction). [§13] It is evident to the COI that Palestinian missiles, inaccurate and directed toward Israeli population centers, violate the principle of distinction even if they do little damage as do Israeli strikes directed at densely populated residential neighborhoods that inflict massive damage. For instance, the Report condemns the Israeli use of massive firepower against Rafah and Shuja’iya “in utter disregard of its devastating impact on the civilian population.” [§58] Although the Report finds that the use of human shields by either side is a violation of the laws of war, it fails to find sufficient evidence to reach any firm conclusion.
Recommendations
In the conclusions and recommendations of the Report there are various calls made for greater vigilance in following through, arguing that imposing accountability for violations of international criminal law is relevant to avoiding a repetition of the Protective Edge experience. In this spirit the Report indicates that the victims, in particular, stressed examining “the root causes of the conflict” as an essential step toward future. [§75] There was also a determined emphasis placed on overcoming impunity with respect to such crimes, and in particular, “Israel must break with its lamentable record in holding wrongdoers responsible.” [§76] There is also a specific call to support the work of the ICC, and for Israel to accede to the Rome Treaty that controls the operation of the ICC.[§86(e); 89(d)]
The recommendations that are most relevant are set forth in §86(d):
“To address structural issues that fuel the conflict and have a negative impact on a wide range of human rights, including the right to self-determination; in particular, to lift, immediately and unconditionally, the blockade on Gaza; to cease all settlement-related activity, including the transfer of Israel’s own population to the occupied territory; and to implement the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory.”
This enumeration is a departure from the tone and substance of balance, and calls upon Israel to bring its behaviour as Occupier into conformity with international humanitarian law. It refrains from mandating the dismantling of the unlawful settlements, but otherwise goes quite far in relation to human rights, including self-determination, settlement expansion, and the wall to address the most fundamental Palestinian grievances.
Conclusion
As might have been anticipated, despite the balance of the Report, it was attacked as biased even before being made public by Israel and the United States, and its presentation in an open debate at the Human Rights Council was boycotted. Israel went further, issued extensive report prepared under the aegis of the Israel Defense Forces that exonerated Israel on all counts. [Special Report, ‘Operation Protective Edge,’ Israel Defense Forces, June 2015; “The 2014 Gaza Conflict: Factual and Legal Aspects,” Israel’s Ministry of Foreign Affairs, June 2015] It also invited a group of ‘high-level’ military officers and diplomats to review the allegations, which also vindicated Israel’s claims in its consensus report. [“Key Preliminary Findings of the High Level International Military Group on the Gaza Conflict,” June 12, 2015, UN Watch home page] In effect, the familiar battle lines are drawn at inter-governmental levels, making it clear that nothing can be expected to flow from this Report beyond a further recognition that if the Palestinian struggle is to advance at this stage it will depend on the activism of civil society rather than on the policies of governments or the implementation of the Report’s recommendations by the United Nations.
At the same time, as with the earlier Goldstone Report, it is important that this COI fully documented the essential charges with elaborate evidence, and legitimates the coercive tactics of Palestinian resistance and the nonviolent militancy of the global solidarity movement. As the COI noted, Israel again refused cooperation with the investigative efforts from their outset. The political weight of the Report is augmented by the fact that its findings and recommendation were formally received with approval by a vote of 41-1 in the Human Rights Council.
As could be anticipated, the United States was the lone member of the HRC that refused support to the Report. Even Europe, voting as a unit, gave its positive endorsement. Human Rights Watch made the following observation: “The lack of support by the United States—the only state to vote against shows a disappointing unwillingness to challenge impunity for serious crimes during the Gaza conflict and to stand up for the victims of war crimes during the conflict.”
It is sad that despite the abusive attitudes exhibited by the Netanyahu government toward the Obama presidency there is no willingness on the part of Washington to back international criminal law in such circumstances of gross violation. When the United States Government, still the world’s most influential political actor, gives such precedence to the most cynical aspects of alliance politics it sends a powerful message that governments can freely abandon principled foreign policy whenever it conflicts with hard power calculations of geopolitics (and in this instance, more relevantly, with the soft power dynamics of American domestic politics).
Tags: collective punishment, Gaza War 2014, Hamas, Human Rights Council, Israeli impunity, UN Gaza 2014 Report, war crimes