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The Gaza Tribunal: Law, Conscience, and Compassion

5 Nov

[Prefatory Note: The Gaza Tribunsl of which I am President had a successful Launch meeting with many of its members of its Advisory Policy Council. As the article below  in the Palestine Chronicle notes, the aim of the Tribunal is or legitimize and encourage civil society solidarity initiatives around the world such as BDS. It does make the underlying argument that when the intergovernmental structures of world order fail to implement the UN Charter and international law, then the peoples of the world have the responsibility and opportunity to do so. This is an appeal for citizen engagement on behalf of humanity, and in this instance, in support of the Palestinian struggle for basic. We seek and need the support of persons of conscience and concern everywhere!]  

‘Court of Humanity and Conscience’ – Gaza Tribunal Launched in London 

November 5, 2024 News

A group of people sitting at a table

Description automatically generatedThe Gaza Tribunal was launched in London. (Design: Palestine Chronicle)

By Palestine Chronicle Staff  

“Why establish a People’s Tribunal despite the International Court of Justice’s involvement? Because the international order has failed its duty—the ICJ, even after defining Israel’s actions as genocide, cannot enforce its rulings.”

A group of renowned intellectuals, jurists, artists, human rights advocates, and representatives from the media and civil society organizations gathered in London last week, to launch the Gaza Tribunal – an independent initiative serving as a “court of humanity and conscience.”

“Gaza represents a breaking point in the historical journey of humanity, where a global system based on power, not justice, prevails,” the Gaza Tribunal website states. “Based on this perspective, the need to address what is happening in Gaza through its historical, political, philosophical, and legal dimensions is becoming an urgent, necessary duty for humanity.”

Led by Richard Falk, a distinguished international law expert and former UN special rapporteur on the occupied Palestinian territories, the tribunal is taking an alternative route to international justice, aiming to spotlight voices from civil society in the examination of abuses following the conflict that escalated after the October 7 Resistance operation.

Why the Need?

Despite the genocide case against Israel currently underway at the International Court of Justice (ICJ), the initiative is seen as a People’s Tribunal.

“The international order’s failure in fulfilling its duty is exactly why a people’s tribunal is needed. The International Court of Justice, despite designating Israel’s current war as a genocide, is unable to enforce its rulings,” the website states.

The Gaza Tribunal, which convened for two days of initial preparatory meetings in London, brought together around 100 participants.

Who is Involved?

Some who attended the London meeting include Ilan Pappe, Jeff Halper, Ussama Makdisi, Ayhan Citil, Cornel West, Avi Shlaim, Naomi Klein, Aslı Bali, Mahmood Mamdani, Craig Mokhiber, Hatem Bazian, Mehmet Karlı, Sami Al-Arian, Frank Barat, Hassan Jabareen, Willy Mutunga, Victor Kattan, and Victoria Brittain.

Among the participating organizations were Law for Palestine, the Palestinian Environmental NGOs Network, the Arab Network for Food Sovereignty (APN), Adalah, the Legal Center for Arab Minority Rights in Israel, Palestinian human rights organization Al-Haq, BADIL, Al-Mezan Center for Human Rights, the prisoner support and human rights group Addameer, and the Palestinian Center for Human Rights (PCHR).

What are Its Objectives?

The Gaza Tribunal has two main objectives: one particular and one universal. The particular goal is to assist in bringing the tragic events to an end as soon as possible and to hold the perpetrators accountable in the public conscience.

The universal aim is to issue a decision grounded in humanity’s intellectual and moral values, one that can serve as a reference to prevent future atrocities worldwide.

Dwelling on the multi-dimensional underpinnings of the fact that such grave events can, have, and still occur at this point in human history, the Tribunal aims to explain why humanity has been unable to put a stop to such atrocities/how humanity can put a stop to such atrocities.

According to the website, the Tribunal’s “legitimacy comes from addressing the long-standing wounds of the Palestinian issue, with a focus on the ongoing tragedy in Gaza.”

The Outcome

The comprehensive document to be created by the Tribunal after all these investigations and evaluations will fill a critical gap that the nations have realized and will serve as a guiding document for all the world’s nations, states the website.

How Tribunal Operates

According to its website, the Gaza Tribunal mainly consists of the Presidential Committee, the Grand Chamber and 3 Specialized Chambers and six Administrative and Supportive Units.

Acting as a jury of conscience, the Grand Chamber of the Tribunal will consist of all committees’ members and around ten invited people as well. Additionally, jurists, academicians, artists, and intellectuals who have been recognized but have not served on these chambers may also be included in the Public Session Members. The Public Sessions make decisions by a majority rule. Having each member’s opinion be reflected in the decision is essential, and each member has the right to write positive, negative, or differing opinions to be appended to the decision.

Each chamber will consist of five to six members. These members will be among the renowned people in their respective fields. The chambers will discuss and arrive at decisions within their specific areas of discussion, including International Law Chamber, International Relations and World Order Chamber and  History, Ethics, and Philosophy Chamber.

Given the Tribunal’s purpose of drawing attention to the genocide happening in Gaza, the aim is to have the physical sessions of each chamber be broadcast live on such international media channels as TRT World, Associated Press and Al Jazeera.

It will also be comprised of Administrative and Supportive Units.

Administrative Units ensure the efficient and proper functioning of the Tribunal and provide the necessary conditions for fair decision-making. Supportive Units, created at the discretion of the Presidential Committee, facilitate steps that contribute to the achievement of the Tribunal’s objectives.

Inclusivity and Accessibility

In a statement, the tribunal emphasized its commitment to inclusivity and accessibility, inviting Palestinian civil society groups and individuals directly affected by the conflict to submit evidence and testimony, the Anadolu news agency reported.

This body, organizers said, aimed to fill a gap by focusing on the human impact of Israel’s policies and actions on Palestinian civilians.

Beyond addressing recent events, the tribunal’s legal framework will integrate themes of settler-colonialism and apartheid, contextualizing its findings within the decades-long Israeli-Palestinian conflict and historic events such as the 1948 Nakba and Israel’s occupation of Palestinian territories post-1967.

According to the organizers, the Gaza Tribunal “derives its power and authority not from governments but from the people in general and Palestinians in particular, that uses the intellectual and conscientious accumulation of humanity, with which anyone with common sense can agree and that can produce judgments and documents to which one can refer regarding future problems.”

Second Phase

According to organizers, the Gaza Tribunal’s second phase is scheduled for May 2025 in Sarajevo, Bosnia and Herzegovina, where prepared reports, witness statements, and draft declarations will be shared with the public.

Representatives of affected communities and expert witnesses are expected to speak at the Sarajevo session.

The tribunal’s main hearing, a crucial part of the initiative, is planned for October 2025 in Istanbul, Türkiye.

In Istanbul, an expert panel will present a draft of the tribunal’s findings and decisions, incorporating testimonies from witnesses and statements from Palestinian civilians and organizations affected by the crisis.

Ongoing Genocide

Flouting a UN Security Council resolution demanding an immediate ceasefire, Israel has faced international condemnation amid its continued brutal offensive on Gaza.

Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7.

According to Gaza’s Ministry of Health, 43,391 Palestinians have, to date, been killed, and 102,347 wounded.

Moreover, at least 11,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip.

Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by ‘friendly fire’.

Millions Displaced

Palestinian and international organizations say that the majority of those killed and wounded are women and children.

The Israeli war has resulted in an acute famine, mostly in northern Gaza, resulting in the death of many Palestinians, mostly children.

The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt – in what has become Palestine’s largest mass exodus since the 1948 Nakba.

Later in the war, hundreds of thousands of Palestinians began moving from the south to central Gaza in a constant search for safety.

(PC, Anadolu)

A Moral Revolution? Reflections on President Obama’s Visit to Hiroshima

5 Jun

There is no doubt that President Barack Obama’s visit to Hiroshima this May crossed some thresholds hitherto taboo. Above all the visit was properly heralded as the first time a sitting American president has dared such a pilgrimage, which has already been critically commented upon by patrioteers in America who still think that the Japanese deserved such a punishment for initiating the war or believed that only such ‘shock and awe’ could induce the Japenese to surrender without a costly invasion of the mainland. As well many in Asia believe that Obama by the visit is unwittingly letting Japan off the accountability hook for its seemingly unrepentant record of atrocities throughout Asia, especially given the perception that the current Prime Minister, Shinzo Abe, is doing his conservative best to reinvigorate Japanese nationalism, and even revive imperial ambitions.

 

Obama is a gifted orator who excels in finding the right words for the occasion, and in Hiroshima his rhetoric soared once more. There he noted “[t]echnological progress without an equivalent progress in human institutions can doom us. The scientific revolution that led to the splitting of the atom requires a moral revolution as well.” Such stirring words would seem to be a call to action, especially when reinforced by a direct challenge: “..among nations like my own that hold nuclear stockpiles, we must have the courage to escape the logic of fear and pursue a world without them.” Obama at Prague in 2009, shortly after being sworn in as president, set forth an inspiring vision along the same lines, yet the small print there and now makes us wonder whether his heart and head are truly aligned. The words flow with grace and even passion, but where are the deeds?

 

As in Prague, Obama expressed the cautionary sentiment in Hiroshima that “[w]e may not realize this goal in my lifetime.” At which point Obama associates himself with the stabilizing agenda of arms control, reducing the size of the stockpile, making the weapons less obtainable by ‘fanatics,’ and implementing nonproliferation goals. Apparently, neither Obama nor the media take note of the tension between eliminating the weaponry and these proposals designed to stabilize the nuclear weapons environment by making it more reliably subject to prudent and rational policies of control. Yet at the same time making proposals to eliminate the weaponry seem less needed, and even at risk of threatening the stability so carefully constructed over the course of decades.

 

The real reason for skepticism about Obama’s approach is his unexplained reasons to defer the abolition of nuclear weaponry to the distant future. When Obama declares that a world without nuclear weapons is not likely to happen in his lifetime without telling us why he is changing his role from an advocate of the needed ‘moral revolution’ so as to achieve the desired political transformation to that of being a subtle endorser of the nuclear status quo. Of course, Obama may be right that negotiating nuclear disarmament will not be easy or quick, but what is the argument against trying, why defer indefinitely?

 

The global setting seems as favorable as it is likely to get. We live at a time when there are no fundamental cleavages among leading sovereign states, all of whom seek to benefit from a robust world economy and to live together without international wars. It would seem to be an overall situation in which dramatic innovations of benefit to the entire world would seem politically attractive. In such an atmosphere why could not Obama have said at Hiroshima, or seven years earlier at Prague, “that during the Cold War people dreamed of a world without nuclear weapons, but the tensions, distrust, and rivalry precluded a reliable disarming process, but now conditions are different. There are no good reasons not to convert dreams of a world without nuclear weapons into a carefully monitored and verified disarmament process, and there are many important reasons to try to do so.” What holds Obama back? Why does he not table a proposal or work with other nuclear governments to produce a realistic timetable to reach nuclear zero?

 

Worse than the seeming absence of what the great theologian, Paul Tillich, called ‘the courage to be’ is the worrisome evidence of double dealing—eloquent words spoken to warn us of the menace of nuclearism coupled with deeds that actually strengthen the hold of nuclearism on the human future. How else should we interpret by plans of the U.S. Government to spend $1 trillion over the next 30 years for the modernization and further development of the existing nuclear weapons arsenal, including provocative plans to develop nuclear weapons with potential battlefield, as opposed to deterrent, missions? Such plans are provocative because they weaken inhibitions on use and tempt other governments to emulate the United States so as offset feared new vulnerabilities to threat and attack. What stands out is the concreteness of the deeds reinforcing the nuclear established order and the abstractness of the words challenging that same order.

 

Beyond this, while calling for a moral revolution, Obama seems at the same time to give his blessings to nuclear energy despite its profound moral shortcomings. Obama views nuclear energy as a contribution to reducing carbon emissions in relation to global warming concerns and as a way to sell nuclear technology abroad and at the same time satisfy the energy goals of countries, such as India, in the global South. What is not acknowledged by Obama is that this nuclear energy technology is extremely dangerous and on balance detrimental in many of the same ways as nuclear weapons, prone to accidents of the sort associated with the incidents at Chernobyl and Fukushima, subject to the hazards of accumulating and disposing of nuclear wastes, vulnerable to nuclear terrorism, and creating the technological capacity for the development of the weapons in a series of additional states.

 

Obama made a point of announcing before visiting Hiroshima that there would be no apology for the attacks by the United States. Clearly, Obama was unwilling to enter a domain that in America remains inflamed by antagonistic beliefs, interpretations, and priorities. There is a scholarly consensus that the war would have soon ended without an invasion or the atomic bomb, but this thesis continues to be challenged by veterans and others who think that the bomb saved American lives, or at minimum, ended the captivity of captured soldiers far sooner than would have been the case without the attacks.

 

In fairness, Obama did acknowledge the unspeakable tragedy for Japanese civilians that experienced the Hiroshima bomb, and he showed real empathy for survivors (hibakusha) who were there in the front rows when he spoke in Hiroshima Memorial Peace Park, but he held back from saying the use of the bomb was wrong, even the second bomb dropped on Nagasaki. Obama’s emphasis, instead, was on working together to make sure that it doesn’t happen again. In this sense, Obama was indirectly legitimating the impunity that was accorded to the victors after World War II, which contrasted with the punitive measures of accountability used to deal with the crimes committed by the surviving leaders of defeated Japan and Germany. The main value of an apology is to bring a degree of closure to those directly and indirectly victimized by those terrible, events that took place more than 70 years ago. By so doing the United States would have moved a bit closer to suspending its self-serving insistence on impunity and this would have withdrawn geopolitical legitimacy from the weaponry.

 

There is something disturbing about America’s unwillingness to live up to the full horror of its past actions even while making a never again pledge. In another recent development that is freighted with similar moral ambiguities, former Senator Bob Kerrey was named the first Chair of the Board of the new Fulbright Vietnam University, a laudable joint educational project of the two countries partly funded by the U.S. Congress, despite his apparent involvement in a shameful atrocity committed during the war. The incident occurred on February 25, 1969 in the village of Thang Phong where a unit of Navy SEALS was assigned the task of assassinating a Viet Cong leader believed to be in the vicinity. Instead of a military encounter, 20 civilians were killed, some brutally. 13 were children and one a pregnant woman.

 

Kerrey contends that the carnage was a result of mistakes, while both a fellow member of the SEALS squad and village residents say that the killing of the civilians was a result of deliberate actions, and not an accident in the darkness. Kerrey received a Bronze Star for the mission, which was reported falsely to his military superiors as resulted in killing 21 Viet Cong militants. What is almost worse, Kerrey kept silent about the incident for more than 30 years, and only spoke about it in public after learning there was about to be a published piece highly critical of his role. Kerrey now says “I have been haunted for 32 years” and explains, “It was not a military victory, it was a tragedy, and I had ordered it.” The weight of the evidence suggests that Kerrey participated as well as ordered the killings, and that although certainly a tragedy it is more properly acknowledged as a severe war crime amounting to an atrocity.

 

We can only imagine what would be the American or Chinese reaction if Japan sent to the United States or China a comparable person to provide an honorific link between the two countries. For instance, sending a Japanese officer to the U.S. who had cruelly administered a POW camp where Americans were held captive and tortured or sending to China a Japanese commander who had participated in some of the grisly happenings associated with ‘the rape of Nanking.’ It is good that Kerrey is finally contrite about his past role and appears to have been genuinely involved in promoting this goodwill encouragement of quality education in Vietnam, yet it seems unacceptably insensitive that he would be chosen to occupy such a position in an educational institution in Vietnam that is named after a prominent American senator who is particularly remembered for his efforts to bringing the Vietnam War to an end.

 

What connects these two seemingly distinct concerns is the steadfast refusal of the United States Government to take responsibility for its past crimes, which ensures that when future political pressures push toward immoral and unlawful behavior a similar disregard for minimal decency will be papered over. Obama’s refusal to consider accountability for the unabashed reliance on torture during the presidency of George W. Bush similarly whitewashes the past while unconvincingly promising to do better in the future. Such a pattern makes a mockery of claims made by Obama on behalf of the United States that unlike its adversaries this is a country that reveres the rule of law whenever it acts at home or abroad. From the pragmatic standpoint of governing America, in fairness, Obama never really had a choice. The political culture would have rebelled against holding the Bush administration accountable for its crime, which brings us closer to the truth of a double standard of suspending the applicability of international criminal law with respect to the policies and practices of the United States while championing individual legal responsibility for its adversaries as an expression of the evolution of moral standards in international life.

 

I believe that double standards has led Obama to put himself forward both as a visionary who seeks a transformed peaceful and just world and also as a geopolitical manager that accepts the job description of the presidency as upholding American global dominance by force as necessary. Now that Obama’s time in the White House is nearing its end we are better able to grasp the incompatibility of his embrace of these two roles, which sadly, and likely tragically, leads to the conclusion that the vision of a world without nuclear weapons was never meant to be more than empty words. What the peoples of the world need to discover over and over again is that the promising words flow easily from the lips of leaders have little significance unless supplemented by a robust movement from below that challenges those who are governing from above. As activists in the 1960s began to understand is that only when the body pushes against the machine will policies incline toward peace and justice, and we in the 21st century will have to rediscover this bit of political wisdom if hope for a nuclear free world is to become a genuine political project.

 

If more than rhetoric is attached to the call for a “moral revolution,” then the place to start would be to question, prior to abandoning, the mentality that is comfortable with double standards when it come to war making and criminal accountability. The whole idea of impunity for the victors and capital punishment for the losers is morally regressive. Both the Obama visit to Hiroshima, as significant as it was, and the Kerrey relationship to the Fulbright Vietnam University, show that American society, even at its best, is far from prepared to take part in the necessary moral revolution.