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DECLARATION OF THE CRIME OF APARTHEID: ISRAEL

7 Jul

[PREFATORY NOTE: The Declaration on Apartheid below is an initiative initiated by the wellknown
Tunisian mathematician, Ahmed Abbes, and endorsed by scholars and artists worldwide. If impressed
please distribute widely as there is a campaign underway to reach 1,000 signatures.]

Declaration on the Suppression and Punishment of the Crime of Apartheid in Historic Palestine
6 juillet |

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Over 700 scholars, artists and intellectuals from more than 45 countries have signed the following declaration calling for the dismantling of the apartheid regime set up on the territory of historic Palestine and the establishment of a democratic constitutional arrangement that grants all its inhabitants equal rights and duties. The signatories include many distinguished figures, including the Nobel Peace Prize laureates Adolfo Pérez Esquivel and Mairead Maguire, academics with legal expertise Monique Chemillier-Gendreau and Richard Falk, scholars Étienne Balibar, Hagit Borer, Ivar Ekeland, Suad Joseph, Jacques Rancière, Roshdi Rashed and Gayatri Spivak, health researcher Sir Iain Chalmers, composer Brian Eno, musician Roger Waters, author Ahdaf Soueif, economist and former Assistant Secretary-General of the UN Sir Richard Jolly, South African politician and veteran anti-apartheid leader Ronnie Kasrils and Canadian peace activist and former national leader of the Green Party of Canada Joan Russow.

Declaration on the Suppression and Punishment of the Crime of Apartheid in Historic Palestine
Whereas :

1- Israel has subjected the Palestinian people for 73 years to an ongoing catastrophe, known as the Nakba, a process that included massive displacement, ethnic cleansing, war crimes, and crimes against humanity ;

2- Israel has established an apartheid regime on the entire territory of historic Palestine and directed toward the whole of the deliberately fragmented Palestinian people ; Israel itself no longer seeks to hide its apartheid character, claiming Jewish supremacy and exclusive Jewish rights of self-determination in all of historic Palestine through the adoption in 2018 by the Knesset of a new Basic Law ;

3-The apartheid character of Israel has been confirmed and exhaustively documented by widely respected human rights organizations, Adalah, B’Tselem, Human Rights Watch, and in the UN ESCWA academic study that stresses the importance of defining Israeli apartheid as extending to people rather than limited to space, [“Israeli Practices towards the Palestinian People and the Question of Apartheid,” UN ESCWA, 2017] ;

4- Israel periodically unleashes massive violence with devastating impacts on Palestinian civilian society, particularly against the population of Gaza, which endures widespread devastation, collective trauma, and many deaths and casualties, aggravated by being kept under an inhuman and unlawful blockade for over 14 years, and throughout the humanitarian emergency brought about by the COVID pandemic ;

5- Western powers have facilitated and even subsidized for more than seven decades this Israeli system of colonization, ethnic cleansing, and apartheid, and continue to do so diplomatically, economically, and even militarily.

Considering :

i- The Universal Declaration of Human Rights which stipulates in its first article that ’all human beings are born free and equal in dignity and rights.’ And taking account that the inalienable right of self-determination is common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social, and Political Rights, and as such, a legal and ethical entitlement of all peoples.

ii- The International Convention on the Suppression and Punishment of the Crime of Apartheid which stipulates in Article I that ’apartheid is a crime against humanity and that inhuman acts resulting from the policies and practices of apartheid and similar policies and practices of racial segregation and discrimination, as defined in article II of the Convention, are crimes violating the principles of international law, in particular the purposes and principles of the Charter of the United Nations, and constituting a serious threat to international peace and security.’ The States Parties to this Convention undertake in accordance with Article IV :
_ “(a) To adopt any legislative or other measures necessary to suppress as well as to prevent any encouragement of the crime of apartheid and similar segregationist policies or their manifestations and to punish persons guilty of that crime ;
_ “(b) To adopt legislative, judicial and administrative measures to prosecute, bring to trial and punish in accordance with their jurisdiction persons responsible for, or accused of, the acts defined in article II of the present Convention, whether or not such persons reside in the territory of the State in which the acts are committed or are nationals of that State or of some other State or are stateless persons.”

The endorsers of this document :

A- Declare their categorical rejection of the apartheid regime set up on the territory of historic Palestine and imposed on the Palestinian people as a whole, including refugees and exiles wherever they might be in the world.

B- Call for the immediate dismantling of this apartheid regime and the establishment of a democratic constitutional arrangement that grants and implements on all the inhabitants of this land equal rights and duties, regardless of their racial, ethnic, and religious identities, or gender preferences, and which respects and enforces international law and human conventions, and in particular gives priority to the long deferred right of return of Palestinian refugees expelled from their towns and villages during the creation of the State of Israel, and subsequently.

C- Urge their governments to cease immediately their complicity with Israel’s apartheid regime, to join in the effort to call for the dismantling of apartheid structures and their replacement by an egalitarian democratic governance that treats everyone subject to its authority in accordance with their rights and with full respect for their humanity, and to make this transition in a manner sensitive to the right of self-determination enjoyed by both peoples presently inhabiting historic Palestine.

D- Call for the establishment of a National Commission of Peace, Reconciliation, and Accountability to accompany the transition from apartheid Israel to a governing process sensitive to human rights and democratic principles and practices. In the interim, until such a process is underway, issue a call for the International Criminal Court to launch a formal investigation of Israeli political leaders and security personnel guilty of perpetuating the crime of apartheid.

* Academics, artists and intellectuals can endorse this declaration by completing this form.

* Endorsed by 723 academics, artists and intellectuals on July 8, 2021 (click here for the full list), including

Ahmed Abbes, mathematician, Director of research in Paris, France
Sinan Antoon, New York University, United States
John Avery, Writer, Denmark
Bertrand Badie, Sciences Po Paris, France
Étienne Balibar, Anniversary Chair of Modern European Philosophy, Kingston University London, United Kingdom
Anthony Barnett, Writer, United Kingdom
Edmond Baudoin, Auteur de bandes dessinées, France
George Bisharat, UC Hastings College of the Law/Professor, musician, United States
Nicolas Boeglin, Professor of Public International Law, University of Costa Rica, Costa Rica
Hagit Borer, Professor, Queen Mary University of London, United Kingdom
Grazia Borrini-Feyerabend, Council of Elders of the ICCA Consortium, Switzerland
Daniel Boyarin, Taubman Professor of Talmudic Culture, UC Berkeley, United States
Anouar Brahem, Musician, Composer, Tunisia
Rony Brauman, Physician, writer, former president of Médecins Sans Frontières, France
Iain Chalmers, Editor, James Lind Library, United Kingdom
Hafidha Chekir, Emeritus Professor of Public Law, Al Manar University, Tunis ; Vice President of the International Federation for Human Rights, Tunisia
Monique Chemillier-Gendreau, Professeure émérite de droit public et de sciences politiques, Université Paris-Diderot, France
David Comedi, National University of Tucumán and National Research Council, Argentina
Laurent Cugny, Professeur, Sorbonne Université, France
Eric David, Emeritus Professor of International Law at the Université libre de Bruxelles, Belgium
Chandler Davis, Professor Emeritus of Mathematics, University of Toronto, Canada
Sonia Dayan-Herzbrun, Professeure émérite à l’Université de Paris, France
Herman De Ley, Emeritus Professor, Ghent University, Belgium
Ivar Ekeland, Professor emeritus of mathematics and former President, University of Paris-Dauphine, France
Brian Eno, Artist/Composer, United Kingdom
Adolfo Esquivel, Premio Nobel de la Paz 1980 (Nobel Peace Prize 1980), Argentina
Richard Falk, Professor of International Law, Emeritus, Princeton University, United States
Emmanuel Farjoun, Emeritus Professor, Hebrew University of Jerusalem, Israel
Jan Fermon, Avocat. Secrétaire général Association Internationale des Juristes Démocrates, Belgium
Domenico Gallo, Chamber President in Supreme Court of Cassazione, Italy
Irene Gendzier, Prof Emeritus in the Dept Political Science, Boston University, United States
Catherine Goldstein, Director of Research, Paris, France
Neve Gordon, Queen Mary University of London, United Kingdom
Penny Green, Queen Mary University of London, United Kingdom
Sondra Hale, Professor Emerita, University of California, Los Angeles, United States
Michael Harris, Professor of Mathematics, Columbia University, United States
Judith Herrin, King’s College London, United Kingdom
Christiane Hessel-Chabry, Présidente d’honneur de l’association EJE (Gaza), France
Shir Hever, Political Economist, Germany
Nicholas Humphrey, Emeritus Professor, London School of Economics, United Kingdom
Abdeen Jabara, Attorney, past president, American-Arab Anti-Discrimination Committee, United States
Richard Jolly, Emeritus Fellow, IDS, University of Sussex, United Kingdom
Suad Joseph, Distinguished Research Professor, University of California, Davis, United States
Mary Kaldor, London School of Economics and Political Science, United Kingdom
Ronnie Kasrils, Former government minister, South Africa
Assaf Kfoury, Computer Science Department, Boston University, United States
Rima Khalaf, Former Executive Secretary of UN ESCWA, Jordan
Daniel Kupferstein, Film director, France
Jean-Marc Lévy-Leblond, Emeritus professor, University of Nice, France
David Lloyd, University of California Riverside, United States
Brinton Lykes, Professor & Co-Director, Boston College Center for Human Rights & International Justice, United States
Moshé Machover, Mathematician, KCL, United Kingdom
Kate Macintosh, Architect, United Kingdom
Mairead Maguire, Nobel peace laureate, Ireland
Dick Marty, Dr. Jur. Dr. H.c., former Chair of the Committee of Human Rights of the Parliamentary Assembly of the Council of Europe, Switzerland
Georg Meggle, Philosopher, Prof. em. at University of Leipzig, Germany
Jan Oberg, DrHc, peace and future researcher, Transnational Foundation, Sweden
Joseph Oesterlé, Emeritus professor, Sorbonne University, France
Adi Ophir, Professor Emeritus, Tel Aviv University ; Visiting Professor, The Cogut Institute for the Humanities and the center for Middle East Studies, Brown Universities, United States
Karine Parrot, Professeure de droit à l’Université de Cergy-Pontoise, France
Ghislain Poissonnier, Magistrate, France
Susan Power, Head of Legal Research and Advocacy, Al-Haq, Palestine
Prabir Purkayastha, Editor, Newsclick.in, India
Jacques Rancière, Professeur émérite, Université Paris 8, France
Roshdi Rashed, CNRS/Université de Paris, France
Steven Rose, Emeritus Professor of Biology and Neurobiology at the Open University and Gresham College, London, United Kingdom
Hilary Rose, Professor Emerita Sociology University of Bradfor, United Kingdom
Jonathan Rosenhead, Emeritus Professor of Operational Research at the London School of Economics, United Kingdom
Andrew Ross, Professor of Social and Cultural Analysis, New York University, United States
Alice Rothchild, MD, retired, Assistant Professor of Obstetrics and Gynecology, Harvard Medical School, United States
Joan Russow, Researcher, Global Compliance Research Project, Canada
Richard Seaford, Emeritus Professor, University of Exeter, United Kingdom
Leila Shahid, Former Ambassador of Palestine, Palestine
Eyal Sivan, Filmmaker – Essayist, France
John Smith, Filmmaker, Emeritus Professor of Fine Art, University of East London, United Kingdom
Nirit Sommerfeld, Singer, actress, writer, Germany
Ahdaf Soueif, Writer, Egypt
Gayatri Spivak, Columbia University, United States
Jonathan Steele, Author and journalist, United Kingdom
Annick Suzor-Weiner, Professor emeritus, Université Paris-Saclay, France
Salim Tamari, Emeritus Professor of Sociology, Birzeit University, Palestine
Virginia Tilley, Southern Illinois University Carbondale, United States
Salim Vally, Professor, University of Johannesburg, South Africa
Roger Waters, Musician, United Kingdom
Robert Wintemute, Professor of Human Rights Law, King’s College London, United Kingdom
John Womack jr, Harvard University, United States
* Institutional affiliations are given only for identification purposes

* The full list of signatories is available here.

* Academics, artists and intellectuals can endorse this declaration by completing this form.

* Version française ; versión en español ; versione italiana ; النسخة العربية

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Plus de 600 universitaires et artistes appellent au démantèlement du régime d’apartheid en Palestine historique
Signataires de la Déclaration sur l’élimination et la répression du crime d’apartheid en Palestine historique
Qui était Edward Said ? Une interprétation biographique, un souvenir existentiel
Communication Palestine contre Israel : étape relative à l’admissibilité franchie
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Palestine is Winning the Legitimacy War

19 May

[Prefatory Note: This opinion piece was published in Middle East Eye on May 18,2021, and republished in Il Manifesto  and The Wire under different titles. It attempts to contextualize the current violence directed against Gaza in earlier Israeli provocations. It also takes note of Israel’s reliance on excessive force in its attack upon an essentially helpless Gazan civilian population of over two million people trapped inside a crowded and unlawfully blockaded enclave. The communal violence between Arabs and Jews in Israeli towns and villages, the unity displayed by Palestinians inside and outside the occupied territories, the protests at the borders of Jordan and Lebanon, the Jewish dissent from Israeli criminal assault on Gaza, and the greater receptivity of the Western media and even the US Congress to Palestinian grievances different than past interludes of severe violence. The future will tell us whether finally an inflection point in the Palestinian struggle has been reached in which the path to peace is cleared by the fusion of resistance from within and solidarity from without.]

The Last Stand of Settler Colonialism: Apartheid Israel

The current crisis of Palestine/Israel deepens and widens as casualties mount, smoke from destroyed buildings blacken the sky over Gaza, rioting on the streets of many Israeli and West Bank towns, Israeli police disrupting worshippers in the Al-Aqsa mosque compound and protecting extremist Jewish settlers shouting genocidal slogans ‘death to the Arabs’ in their inflammatory marches through Palestinian neighborhoods. Underlying this entire eruption of tensions between oppressor and oppressed were the flimsy legalized evictions of six Palestinian families long resident in the Sheikh Jarrah. These evictions epitomized the long Palestinian ordeal of persecution and banishment in what psychologically remains their homeland. While this mayhem continues the lights have remained scandalously dim at the UN. Western leaders pathetically call for calm on both as if both sides shared equal blame, while perversely affirming the one-sidedness of ‘Israel’s right to defend itself,’ which supposes that Israel had been attacked out of the blue.

Is this but one more cycle of violence exhibiting the unresolvable clash between a native people overwhelmed by a colonial intruder emboldened by a unique religiously grounded settler sense of entitlement? Or are we witnessing the beginning of the end of the century long struggle by the Palestinian people to defend their homeland against the unfolding Zionist Project that stole their land, trampled on their dignity, and made Palestinians victimized strangers in what had been their national home for centuries? Only the future can fully unravel this haunting uncertainty. In the meantime, we can expect more bloodshed, death, outrage, grief, injustice, and continuing geopolitical interference. What these events have made clear is that the Palestinians are withstanding prolonged oppression with their spirit of resistance intact, and refuse to. be pacified regardless of the severity of the imposed hardships. We also are made to appreciate that the Israeli leadership and most of its public is no longer in the mood even to pretend receptivity to a peaceful alternative to the completion of their settler colonial undertaking despite its dependence on a weaponized version of apartheid governance. 

THE HASBARA NARRATIVE

For Israelis and much of the West the core narrative continues to be the violence of a terrorist organization, Hamas, challenging the peaceful state of Israel with destructive intent, making the Israeli response seem reasonable as both a discouragement of the rockets but also as a harsh punitive lesson for the people of Gaza designed to deter future terrorist attacks. The Israeli missiles and drones are deemed ‘defensive’ while the rockets are acts of ‘terrorism’ even though Israeli human targets are seldom hit, and despite the fact that it is Israeli weaponry that causes 95% of the widespread death and destruction among the over two million civilians Gazans who have been victims of an unlawful and crippling blockade that since 2007 has brought severe suffering to the impoverished, crowded, traumatized Palestinian enclave long enduring unemployment levels above 50%.  

In the current confrontation Israel’s control of the international discourse has succeeded in de-contextualizing the timeline of violence, having the effect of leading those with little knowledge of what induced the flurry of Hamas rockets to believe falsely that the destruction in Gaza was a retaliatory Israeli reaction to hundreds of rockets launched by Hamas and Gaza militia groups. With abuses of language that might even surprise Orwell, Israel’s state terrorism is airbrushed by the world along with the rebuff of Hamas’ peace diplomacy over the past 15 years that has repeatedly sought a permanent ceasefire and peaceful coexistence.

For Palestinians, and those in solidarity with their struggle, Israel knowingly allowed the subjugated population of East Jerusalem to experience a series of anguishing humiliations to occur during the holy period of Muslim religious observances in Ramadan rubbing salt in the a wounds recently opened by the Sheikh Jarrar evictions, which had the inevitable effect of refreshing Palestinian memories of their defining experiences of ethnic cleansing days before the annual May 15th observance of the Nakba. This amounted to a metaphoric reenactment of that massive crime of expulsion accompanying the birth of Israel in 1948, culminating in the bulldozing of several hundred Palestinian villages signaling a firm Israeli intention to make the banishment permanent.

SOUTH AFRICAN APARTHEID

Unlike South Africa, which made never claimed to be a democracy, Israel legitimated itself by presenting itself as a constitutional democracy. This resolve to be a democracy came with a high price tag of deception and self-deception, necessitating to this day a continuing struggle to make apartheid work to secure Jewish supremacy while hiding Palestinian subjugation. For decades Israel was successful in hiding these apartheid features from the world because the legacy of the Holocaust lent uncritical credence to the Zionist narrative of providing sanctuary for the survivors of the worst genocide known to humanity. Additionally, the Jewish presence was making the desert bloom, while at the same time virtually erasing Palestine grievances, further discounted by hasbara visions of Palestinian backwardness as contrasting with Israeli modernizing prowess, and later on by juxtaposing a political caricature of the two peoples portraying Jewish adherence to Western values as opposed to Palestinian embrace of terrorism.

WINNING THE LEGITIMACY WAR

Recent developments in the symbolic domains of politics that control the outcome of Legitimacy Wars have scored several victories for the Palestinian struggle. The International Criminal Court has authorized the investigation of Israeli criminality in Occupied Palestine since 2015 despite vigorous opposition from the leadership of the Israeli government, fully supported by the United States. The investigation in The Hague, although proceeding with diligent respect for the legalities involved, was not openly engaged by Israel, but rather was immediately denounced by Netanyahu as ‘pure antisemitism.’

Beyond this, the contentions of Israeli apartheid, which only a few years ago was similarly denounced when an academic report commissioned by the UN concluded that the allegation of apartheid was unequivocally confirmed by Israeli policies and practices of an inhuman character designed to ensure Palestinian victimization and Jewish domination. In the past few months both B’Tselem, Israel’s leading human rights NGO, and Human Rights Watch, have issued carefully documented studies that reach the same startling conclusion that the Israel indeed administers an apartheid regime within the whole of historic Palestine, that is, the Occupied Palestinian Territories plus Israel itself. While these two developments do not alleviate Palestinian suffering or the behavioral effects of enduring denial of basic rights, they are significant symbolic victories that stiffen the morale of Palestinian resistance and strengthen the bonds of global solidarity. The record of struggles against colonialism since 1945 support reaching the conclusion that the side that wins a Legitimacy War will eventually control the political outcome, despite being weaker militarily and diplomatically. 

The endgame of South African apartheid reinforces this reassessment of the changing balance of forces in the Palestinian struggle. Despite having what appeared to be effective and stable control of the African majority population through the implementation of brutal apartheid structures, the racist regime collapsed from within under the combined weight of internal resistance and international solidarity. Outside pressures included a widely endorsed BDS campaign enjoying UN backing. Israel is not South Africa in a number of key aspects, but the combination of resistance and solidarity was dramatically ramped upwards in the past week. Israel has already long lost the main legal and moral arguments, almost acknowledging this interpretation by their defiant way of changing the subject with reckless accusations of antisemitism, and is in the process of losing the political argument.

Israel’s own sense of vulnerability to a South African scenario has been exposed by this growing tendency to brand supporters of BDS and harsh critics as ‘antisemites,’ which seems in the context of present development best described as ‘a geopolitical panic attack.’ I find it  appropriate to recall Gandhi’s famous observation along these lines: “first, they ignore you, then they insult you, then they fight you, then you win.”  

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Israeli Apartheid and Palestine Grievances

3 May

Israeli Apartheid and Palestinian Grievances

[Prefatory Note: Correio Braziliense Interview Questions from Rodrigo Craveiro (IV/27/2021) in response to Report of Human Rights Watch on Israeli Apartheid; it is followed by myresponses to questions of Zahra Mirzafarjouyan on behalf of Mehr News Agency in Tehran, addressing some of the underlying causes of Palestinian grievances.]

1- In the 213-page report, HRW accuses the Israeli authorities of crimes against humanity of apartheid and of persecuting the Palestinians. What do you have to say about it?

For a mainstream and highly respected NGO such HRW to make such accusations, backed by extensive documentation, is a major development, almost unthinkable a few years ago. There will certainly be hostile reactions from Israeli sources and governments supporting in Israel but many consequences will follow adverse to Israel. It is notable that this HRW Report came just months after the principal Israeli human rights NGO B’Tselem issued a similar bombshell report that also concluded that Israel was guilty of the crime of apartheid.

Although apartheid originated with the racist regime in South Africa the international crime of apartheid need not resemble those structures of white supremacy. It stands on its own.

It is also highly significant that the finding of apartheid pertains not just to occupied Palestine, but to Israel itself, or to the entirety of Palestine as it existed under the British mandate, that is, from the Jordan River to the Mediterranean Sea. This extended scope of criminality is explained not only by references to the similarity of discriminatory practices, but also by Israel annexationist moves against Jerusalem and the West Bank.

2- How do you see the use of the term “apartheid” for the situation in the Palestinian territories?

It is has been increasingly recognized by independent expert observers that the interplay of the Israeli state and the Palestinian people satisfies the core features of the crime of apartheid. The Israel Basic Law of 2018 made explicit the claim of Jewish supremacy by vesting the right of self-determination exclusively in the Jewish people.

It should be understood that the allegation of apartheid is based on the core feature of the crime, which is domination, systemic discrimination, and victimization so as to sustain Jewish supremacy over the Palestinians under their control. Apartheid is defined in the HRW Report by reference to comprehensive racial domination of Jews over Palestinians and in Article 7(j) of Rome Statute governing the International Criminal Court as one type of Crime Against Humanity. The most authoritative definition of apartheid from the perspective of international law is to be found in Article II of the 1973 International Convention on the Suppression of the Crime of Apartheid, which is reprinted in full because of its importance:

Article II 

For the purpose of the present Convention, the term “the crime of apartheid”, which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them: 

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person: 

(i) By murder of members of a racial group or groups; 

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment; 

(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups; 

(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part; 

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association; 

d) Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof; 

(e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour; 

(f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid. 

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It is clear that there is no legal requirement that Israeli apartheid resemble South African apartheid. The policies and practices may vary with national conditions, but it makes no difference so long as the core reliance on discriminatory practices to maintain racial or ethnic supremacy is present. 

The HRW Report specifies the kinds of systemic discrimination that has been undertaken by Israeli apartheid to maintain Jewish domination and to secure Palestinian subordination. Among the principal policies and practices constituting Israeli apartheid are as follows: confiscation of Palestinian land; discriminatory issuance of building permits; restrictions on movement; manipulation of residency rights; discriminatory budgeting of public services; closure of Gaza; 99.7% conviction rate in Israeli military courts prosecuting Palestinians living under occupation.

3- The report recommends the prosecution of the International Criminal Court to open an investigation against the State of Israel for crimes against humanity and apartheid. How do you analyze this?

It is a simple matter. The HRW Report found overwhelming evidence of discriminatory practices based on the dual identities of Jew and Palestinian that seemed to establish a strong case for alleging apartheid as a Crime against Humanity under the Rome Statute. Israel is not a Party of the Rome Statute, and hence crimes on its territory are not within the jurisdictional reach of the ICC. However, Palestine is a Party, and as a result the ICC has legal authority to inquiry into alleged crimes committed on occupied Palestinian territories since Palestine became a Party,, which covers the West Bank, East Jerusalem, and Gaza. As it happens, the ICC decided earlier in 2021 that it possesses this authority to conduct criminal investigations of occupied Palestine with respect to Israeli crimes in violation of the law of war arising out of its military operations in Gaza back in 2014, its uses of excessive force in responding to Great March of Return in 2018, and its unlawful settlement activity in the West Bank and East Jerusalem.

Whether this will actually happen is problematic. The United States not only backs Israel in the contention that the ICC lacks authority to proceed against non-Parties, but has its own complaint arising from an investigation of its crimes in Afghanistan and some secret black sites in Europe where torture is alleged to have occurred of Afghan detainees. The ICC is a fragile international institutional with severe funding challenges that partly reflect the geopolitical

pressure it has come under in recent years since it began challenging the impunity of Western states. Whether the UN follows the recommendation of HRW to set up a commission of inquiry is more uncertain. It could happen despite furious opposition by Israel and its supporters, but if as is likely the findings and recommendations were similar to those of the HRW, it seems almost certain that their implementation will be effectively blocked, This has been the fate of the several UN formal inquiries into Israeli wrongdoing, most prominently the Goldstone Commission investigating the violations of the law of war during the Israeli attack on 
Gaza in 2008-2009. All these reports confirmed Israeli wrongdoing, yet all were blocked when it came to carrying out the policy recommendations.

And yet this report, and the trend to acknowledge credibly on the basis of evidence and legal analysis that Israel is an apartheid state is of lasting importance. It will spread and intensify the solidarity efforts of pro-Palestinian groups throughout the world. It will make it hard to smear such efforts as anti-Semitism. It will strengthen the resolve of Palestinian resistance. In years to come we may look back on this day when HRW issued its report as the turning point in the struggle. It is time to declare Palestine as the victor in the Legitimacy War for the control of the legal and moral discourse, the symbolic battlefield where many of the prolonged struggles of the last 75 years have been won and lost. 

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Questions of Zahra Mirzafarjouyan, International Department, Mehr News Agency  (May 1, 2021) on failures of to protect the basic rights of the Palestinian people.]  

 
  1. Have international organizations been successful in addressing the human rights situation in Palestine? If so, why are Israel’s human rights abuses still continuing?

International organizations, particularly the United Nations, has a mixed record when it comes to dealing with human rights violations in Palestine. The UN, especially the Human Rights Council, has a generally good record in identifying violations and recommending remedies. Such delimitations of Israeli behavior are important in validating Palestinian grievances and justifying international solidarity efforts. Unfortunately, this symbolic verification of wrongdoing with respect to human rights is not substantively implemented. All efforts to enforce human rights are

blocked by geopolitics, and particularly the United States. This interference takes various forms, including shielding Israel from accountability by the use of the veto power entrusted to the five Permanent Members of the Security Council.

In addition, Israel has defied the findings and recommendations of international organizations that have found it responsible for serious violations of international human rights standards and the norms of international humanitarian law without suffering from adverse consequences. Israel defends itself not by substantive claims that it has been falsely accused, but by contending falsely that its critics are guilty of antisemitism.


2. Why are most UN Security Council resolutions against the Israeli regime vetoed by the United States?

The United States has interpreted its ‘special relationship’ as obliging it to shield Israel from criticism at the UN and to block the implementation of any moves to hold Israel accountable. Partly the US Government takes such a position because of its strategic interests in the region and partly as a reflection of well-organized pro-Israeli lobbying,

which has been very effective with the US Congress. The UK and France, and the EU generally, have also supported Israel at the international level, although not as strongly as the US.



3. Which governments do you think play the biggest role in violating Palestinian rights?

It seems obvious that the US and the EU countries are most responsible. This reflects in part the broader conflict patterns in the Middle East, which focus on Iran. It is generally believed in the West that Iran seeks the destruction of the Jewish state, and this partly accounts for the strong backing of Israel as the last European colonial venture. It is my understanding that Iran opposes the Zionist Project so far as it seeks to extend Jewish supremacy over the non-Jewish residents of Israel and the Occupied Palestinian Territories. This supremacy has been recently determined to be an instance of the international crime of apartheid by the influential and politically independent human rights organization, Human Rights Watch, as well as by the leading human rights NGO in Israel, B’Tselem. 

4. What is the mission of world public opinion, especially Europe and the United States, in dealing with such inhuman behavior?

There is an encouraging increase is solidarity support in Europe and the US for the Palestinian struggle to achieve basic rights. The BDS campaign is exerting pressure from without and below upon Israel in a manner similar to anti-apartheid campaign waged successfully against South Africa more than 25 years ago. Israel is losing the Legitimacy War to the Palestinian movement, and the history of anti-colonial movements has demonstrated that what happens with respect to the control of the legitimacy discourse is generally more important over time than what happens on the battlefield in terms of the ultimate political outcome of political struggles in the period since World War II.

5. How do you assess the internal situation in Israel, given the growing economic pressures and identity challenges in this society?

I think the electoral impasse in Israel is a clear indication that all is not well. Israel has drifted politically steadily to the right as to the pursuit of a diplomatic solution of the conflict with Palestine, and feels no current security pressure to scale back the ambitions of the Zionist movement. At the same time there are internal identity challenges evident in the tensions between the secular character of the Israeli state and the increasing leverage of extreme Orthodox Judaism. Whether the economic effects of the boycott and divestment efforts supporting Palestinian goals is being offset by the normalization agreements concluded with Arab governments at the end of 2020 remains to be seen. 

6. Why have peace projects in the region, which are more in the interests of Israel, failed to move forward?

Israel relies on alleged security threats from Iran to keep its citizens mobilized and unified around this central challenge, although it is Israel that commits aggression against Iran and tries its best to prevent the revitalization of the JCPOA Nuclear Agreement, which will have the effect of eliminating US sanctions on Iran. There has been a shift in Israeli foreign policy priorities from the Palestinian/Arab threat, which has been neutralized at present, to the primacy of the Iranian threat. Iran is seen as threatening Israel’s nuclear weapons regional monopoly and as supporting groups throughout the region that are perceived as hostile to Israel’s interests, including Hamas, Hezbollah, and the Houthis. Israel is aware that the regional balance could shift quickly against it by future political developments, as well as by the deployment and development of weaponry that could challenge its security at home and throughout the region. So long as the Islamic Republic Tehran exists, Israel will base its foreign policy on aggressive military actions toward Iran. Israel has always felt that its regional security depends on opposing the consolidation of any strong regional actor that is sympathetic with the Palestinian struggle, such as Iran, Turkey, and Syria.

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THE B’TSELEM REPORT ON ISRAELI APARTHEID

3 Feb

[Prefatory Note: The post below consists of my responses to questions posed by Merve Ayadogan of the Anadolu Agency in Turkey, focused on the significance of the B’Tselem Report that recently concluded that Israel imposes an apartheid regime to sustain Jewish supremacy on both Israel itself and the all of Occupied Palestine. The Published version on Februrary 3, 2021 was crafted for the readers of the news agency.]

            THE B’TSELEM REPORT ON ISRAELI APARTHEID

Q 1: An Israeli human rights group, B’Tselem has labelled Israel as an “apartheid state” over its policy of favoring Jews over the Palestinians earlier this month. How would you comment on this declaration? Could it ease the Israeli aggression on Palestinians?

It is definitely an important development when Israel’s most respected human rights organization issues a report that confirms earlier UN reports and allegations that the Palestinians are victimized by an apartheid regime that seeks to impose policies and practices that ensure the supremacy of Jews by victimizing the Palestinian people throughout the whole of historic Palestine. Such a de facto one-state reality of unified Israeli control suggests that the internationally endorsed goal of a negotiated two-state solution has been superseded by Israeli ambitions to complete the Zionist project of establishing a Jewish exclusivist state on the entire  ‘promised land’ of ‘biblical Israel.’ These ambitions were implicitly acknowledged by Israel in 2018 when it enacted a Basic Law that asserted that only the Jewish people had a right to self-determination within the state of Israel, that the internationally unlawful settlement enterprise deserved national support, and that Hebrew was the only official language. Not only were Palestinians being subordinated despite being citizens, but so were Druze and Christian minorities.

It should be appreciated that ‘apartheid’ is listed as a Crime Against Humanity in Article 7(j) of the Rome Statute governing the activities of the International Criminal Court in The Hague. Although the crime of apartheid is derived from the South African racist regime that proudly declared itself to be a governance structure based on apartheid ideas of separate and unequal development, it has become a generic crime given an authoritative definition in the 1976 International Convention on the Suppression and Punishment of the Crime of Apartheid. The Government of Israel, especially in international settings such as the UN, is outraged by allegations of apartheid that it repudiates as nothing other than a vicious form of anti-Semitism. The internationally acclaimed Israeli journalist, Gideon Levy, writing in Haaretz, goes beyond the B’Tselem Report in his insistence that Israel plus the territory it occupies is an apartheid regime: “The reality of apartheid and Jewish supremacy from the Jordan River to the sea is hidden only from the blind, the ignorant, the propagandists and the liars.”

One of the contributions of the Report is to identify the elements of Israeli apartheid by reference to specific policies and practices that are relied upon to maintain Jewish supremacy over non-Jews within its sovereign territory. Among these are discriminatory standards applicable to immigration, giving Jews worldwide an unrestricted ‘right of return’ while denying Palestinian any immigrations rights even if parents or grandparents were born within its territory. Other important instances of discrimination based on ethnicity concern land tenure, citizenship and nationality rights, freedom of mobility, security of residence, administration of law, and issuance of building permits. It is clear that these apartheid features vary from domain to domain, from Israel proper to East Jerusalem, West Bank, and Gaza, but the core undertaking is stable: exploitative domination by Jews over non-Jews, especially Palestinians.

There is one mysterious weakness in my reading of the B’Tselem Report: the erasure of seven million or so Palestinian refugees and involuntary exiles. The Report deals with apartheid. only in the context of the control of territory rather than its deliberate and intended design of exerting control of people, and yet from 1948 to the present, Palestinians have suffered as a people, whether subject to Israeli territorial control or not, with hundreds of thousand  being displaced and dispossessed from 1948 onwards as integral to the 

Israeli overall plan to be a Jewish majority state that could lay a legitimating claim to being a democracy. In effect, ‘ethnic cleansing’ was a necessity, given Israel claims to legitimacy as a democracy. Palestinian forced to abandon their homeland by becoming refugees or exiles are at least as much a victim of apartheid as are Palestinians living under Israeli territorial control.

I have no reason to believe that Israel will act more humanely toward Palestinians as a result of the B’Tselem Report, but will condemn the report, as has already happened, as an instance of ‘Jewish anti-Semitism.’ As with BDS, Israeli first defenders will deliberately confuse criticism of criminally unlawful governing policies in Israel with hatred of Jews. A peaceful and secure future for both peoples will not arise until Israel dismantles apartheid and agrees to treat Palestinians in accordance with human rights standards, including respect for the Palestinian right of self-determination, as well as a genuine endorsement of racial equality.

  • Q 2: Despite pledging a new beginning in the Middle East, during Obama-era we saw a rise in conflicts and emerge of Daesh terror. Then came the Trump administration and we saw an atrophy in US-Palestine relations due to former president’s controversial decisions in favor of Israel. Now the newly-elected US President Joe Biden has directed his administration an immediate renewal of relations with Palestine and its people, what do you think of Biden administration’s policy regarding Palestine, the Middle East and wider region? Could we expect an “unseen” US policy for the region?

It is basically too early to tell whether the Biden presidency will do more than roll back some of Trump’s extremist moves. My best guess would be continuity with the approach to Israel/Palestine taken during the Obama period, with the special relationship fully reaffirmed, and Israel protected against censure and nonviolent pressures of the sort associated with the BDS Campaign or at the UN. Much will be revealed by how the Biden administration approaches Iran, particularly whether it attaches new conditions to the revival of Nuclear Program Agreement (JCPOA) of 2015 from which Trump withdrew. The suspensions of arms deals with Saudi Arabia and the UAE are welcome signs that Biden’s foreign policy might be directed at achieving some demilitarization of the Middle East with special emphasis placed on ending chaos and strife in Yemen, Syria, and Libya, as well as promoting stability in Iraq and Lebanon. It seems likely that Israel will continue to exert a strong influence on U.S. policy toward the region, and the Biden leadership has promised to consult with Israel before making any new policy moves in the region. At the same time, it is my impression is that Biden’s priorities will be overwhelmingly domestic (COVID, economic recovery), and that he will try hard to avoid the distractions of adopting controversial foreign policy positions. Even more troublesome than the Middle East, is an escalation of tensions with China and Russia, which definitely seems to be on the radar screen of Antony Blinkon and other top foreign policy advisors.

Q 3: Former US President Trump announced a “peace plan” which is widely known as “the deal of the century.” Do you think it was a realistic initiative?

The Trump plan was essentially a demand that Palestinians agree to political surrender with respect to their struggle for basis rights in exchange for economic assistance in improving the quality of their daily lives. In the post-colonial age of robust nationalism to expect a people to accept subordination in their own homeland and 

The renunciation of their inalienable right of self-determination is unrealistic, besides being contrary to the spirit of the post-colonial ethos. Such a one-sided proposal as put forward by the Trump presidency was nothing other than a tactic of geopolitical bullying, and should not be confused with genuine peacemaking. 

Q 4: How would you comment on the position of international community regarding Palestine conflict?

The international community seems stuck in a time warp by its continued adherence to the totally discredited Oslo diplomacy, which was premised on a two-state solution. As B’Tselem Report clearly demonstrates, the one-

state reality has become the only foundation of any future meaningful peace process, posing a challenge of how to arrange for future governance on a basis of true ethnic equality. Until this happens, UN and internationalist initiatives will be irrelevant. It is my belief that what hope exists for a just solution will arise from Palestinian resistance and global solidarity initiatives exerting sufficient pressure on the Israeli leadership so as to cause a recalculation of national interests. It is useful to remember that it was this combination of developments that explains the abrupt and unexpected collapse of the South African apartheid regime.

Q 5: Though UN has commented on the illegality of the settlements that Israel continues to develop on the occupied Palestinian territories, the organization still falls short in bringing about a peaceful solution. What should the UN do to ensure security, accountability, human rights and dignity for the Palestinian people?

The UN did pass a strong anti-settlements resolution at the end of 2016 by a 14-0 vote in the Security Council, with the U.S. abstaining, during the last days of the Obama presidency. [SC RES 2334, 23 Dec 2016] It was the strongest reassertion of UN authority in recent years, yet it led nowhere when it came to implementation. As Israel has repeatedly demonstrated over the course of its history, it will not be swayed by international law or UN directives, and will experience no adverse consequences for such defiance. It has now provocatively challenged the Biden presidency by approving 3,000 new permits for unlawful settlement construction, many of the approved new structures are situated deep in the West Bank, signaling Israel’s continuing establishment of unlawful facts on the ground to reinforce its refusal even to consider the negotiated emergence of a viable Palestinian state. It is important that the UN agenda continue to document Israeli wrongdoing as this will encourage and legitimize civil society activism. It is only Palestinian resistance from within and global solidarity from without that can have any prospect of achieving Palestinian rights and a peaceful future for both peoples. 

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