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A Presumption Against Intervention

11 Feb

(Prefatory Note: The post below is a revised and modified version of my chapter in David Held & Kyle McNally, eds., Intervention in the 21st Century [online by Durham, UK: published by Smashwords for Global Policy Journal, 2015]

 

 

 

A Presumption Against Intervention

 

 

            Participating in the intervention debates that have raged periodically ever since the Vietnam War in the 1960’s, and of course earlier in less contested settings, I have been struck by the defining encounter between those who are dogmatically opposed to intervention per se and those who rarely confront a call for intervention that they do not feel persuaded by, limiting any doubts as to matters of feasibility and strategic interest. The traditional focus of policy discussion proceeds on the assumption that it is about forcible intervention by governmental actors to coerce some kind of change in a foreign sovereign state. Those in favor usually rely, at least in part, on a rationale that such an undertaking is necessary and desirable as it would rescue a captive people from a regime responsible for massive crimes against humanity or genocide, or operate as counter intervention (currently the controversy over intervening in the Ukraine to offset and discourage alleged Russian intervention) or as in relation to ISIS where the stated objective of the American led coalition is to destroy or defeat a non-political actor that is exercising governmental control over territory in portions of Iraq and Syria.

 

  1. Systemic Developments

 

            Four developments over the course of the last half-century are radically reshaping the debate on the viability and advisability of forcible intervention as a diplomatic option. The first, and most important, is the collapse of European colonialism, which has often motivated the West, and especially the United States, to assert its goalsf and protect their interests by way of intervention in what were formerly colonies or states whose sovereignty was curtailed by hegemonic authority. A feature of this post-colonial global setting is that the intervening state, if Western, will tend to justify its actions by setting forth an altruistic and self-justifying argument with strong moralizing overtones. Related to this matter of motivation on the side of the intervener is the prospect of effective and persevering national resistance creating formidable obstacles to succeeding with an intervention even with the benefit of military dominance. The combination of motivation and anticipated resistance helps explain why so few major interventions have been viewed as successful. One notable continuity linking colonial memories to post-colonial realities is the invariable geographical location of the intervening political actor in the West and that of the target society being in the non-West.

 

            The second development is the rise of human rights as a dimension of world order and a central feature of the foreign policy rationalizations relied upon by liberal democracies, which in a globalizing world makes boundaries seem less inhibiting from the perspective of international law for a prospective intervener. The implicit major premise of the human rights framework is an affirmation of species solidarity. This means that responsibilities for the wellbeing of others extends beyond the boundaries of one’s own state, and reaches to the most remote parts of the planet. In other words, intervention is supposedly undertaken mainly for the sake of securing the rights of others, and territorial ambitions and the quest for economic benefits are denied. The 21st century intervener claims a purity of intentions, but the configuration of interventions and non-interventions is far more ambiguous, and is more convincingly explained by strategic priorities than by the protection of human rights, especially given the cartography of intervention as situating the locus of intervention in the Global South while identifying the intervening political actors as invariably from the West.

 

            The third development is the increased reliance on military technologies that reduce sharply the casualties of the intervener while shifting the burdens of death and devastation to the target society. This reflects thin political support that accompanies subjecting citizens of Western countries to risks of dying, especially for undertakings that are justified as ‘humanitarian’ rather than ‘strategic.’ This discourse of justification places a premium on weaponry and tactics that minimize the likelihood of casualties even at the cost of battlefield effectiveness. The Kosovo intervention under NATO auspices in 1999 was expressive of this new war fighting paradigm, with the military campaign consisting exclusively of air attacks from fairly high altitudes that increased the casualties on the ground but spared the intervening side altogether from experiencing combat deaths or injuries. A similar pattern was present in Libya in 2013 employing NATO airpower to tip the internal balance of forces in favor of an anti-regime uprising without casualties, the new paradigm being dubbed ‘zero casualty wars.’

 

            The fourth development is the acceptance of the validity of a positive international law rule prohibiting forcible intervention by a sovereign state regardless of justifying circumstances. The only exceptions to this prohibition involve a use of force that can be justified as self-defense against a prior armed attack or an intervention that has been authorized by a Security Council decision. Since controversial interventions tend to involve non-defensive or aggressive uses of force that have been neither authorized by UN procedures nor can be convincingly categorized as instances of self-defense as defined in international law. The result of this pattern of ‘lawlessness’ in recent decades has been an erosion of respect for international law and the UN Charter as constraining the behavior of major sovereign states, and especially the United States in relation to the core norm of the UN Charter (Article 2(4)) regarding recourse to force. The authority of international law in these settings has also been undermined by the extent to which the most pronounced forms of conflict are no longer be territorially circumscribed and involving normal sovereign states as principal antagonists. The most important adversaries in the present world order setting are the United States as a global, non-territorial state and various non-state political networks and formations (such as Al Qaeda and affiliates, and Isis and affiliates).

 

  1. Assessing the Debate

 

            Participants in debates about a prospective intervention are influenced by a variety of considerations that shape their assessments. The pro-interventionists frame their public arguments mainly or exclusively by reference to humanitarian concerns, insisting that when a state severely abuses its own people it inflicts harm on the whole world, and that intervention should follow regardless of its country of origin or its mix of governmental motivations. Ideally, such an intervention should be mandated by the United Nations so as to comply with international law, but if political obstacles prevent such a green light from being obtained, intervention should go ahead anyway if seen as likely to be effective in ending such patterns of severe abuse. Such so-called liberal hawks as Samantha Power, Michael Ignatieff, Susan Rice, and Anne-Marie Slaughter are illustrative North American exponents of interventionary diplomacy, but there are Europeans who take similar positions. One characteristic of the pro-interventionists is their unquestioning good faith in maintaining the claim that interventions are genuinely about helping vulnerable or suffering people, and not about protecting access to oil reserves or ensuring market access. Another feature of such lines of advocacy is its rather blind confidence that if military superiority is brought to bear it can be translated into desired forms of political outcome at acceptable costs in blood and treasure. This confidence in military solutions overlooks the record of repeated failure associated with interventionary diplomacy in the period since 1945, especially in relation to large-scale interventions that generate a strong nationalistic resistance.

 

            The anti-interventionists approach these policy issues differently. They look below the surface of humanitarian rationalizations for the use of force to discern what they believe to be the real motives. They are quick to distrust and dismiss humanitarian explanations for intervention, and search for the presence of strategic interests as revealing the true explanation of a proposed intervention. Most anti-interventionists are extremely suspicious of the justifications given by the pro-interventionists, especially government officials and think tank experts, and skeptical about the claims that positive results will be achieved even if the question of strategic interests is put to one side. Such skeptics, often self-identifying as leftists or progressives, are likely to refer to the failures of past interventions such as Vietnam, or more recently, Iraq and Afghanistan, as cautionary reminders of how often interventions failed from a policy perspective in the period since the end of World War II. They also oppose the tendency of those advocating intervention to ignore the past, seeking to devote their primary attention to questions of feasibility, thereby ignoring the notoriously bad track record of intervention. Since 1945, few of these Western interventions have reached the goals set by their advocates, especially if the target country has a population of over three million and mobilizes a national resistance movement. For anti-interventionists, such as Noam Chomsky, nearly every intervention that is politically endorsed by the West is a poorly disguised example of ‘military humanism,’ and should be viewed as unacceptable. From this perspective, one cost of such interventions is to weaken international law and the UN, as well as respect for sovereign rights. Such a selective use of force imposes the stigma of ‘double standards’ and hypocrisy on the practice of intervention. Chomsky, for instance, asks rhetorically why intervention was undertaken in Kosovo but not on behalf of the large Kurdish minority in Turkey who in the same time period were enduring a cruel counterinsurgency campaign conducted by the Turkish government.

 

            The pro-interventionist tends to stress the moral responsibilities of the United States as a global leader and intervening liberal democracy. In contrast, the anti-interventionist generally dismisses such moral claims as a cover story for the pursuit of strategic interests in a post-colonial world order where the rules of the game are the same, or similar, but the language of justification has changed to make it more acceptable to rely upon ethical rationalizations when seeking to legitimize the use of international force. It is no longer permissible or prudent to admit selfish national motivations, and for this reason a humanitarian and human rights discourse has become fashionable, but it has also obscured the true wellsprings of policy. Anti-interventionists are sometimes so beholden to their suspicions about the maneuvers of the powerful that they can be oblivious to the depth and reality of suffering or the severity of abuse being endured by a people entrapped in genocidal circumstances. Such dogmatic anti-interventionism rejects on principle practical pleas to rescue entrapped and victimized peoples even in situations of genuine emergency. They are so distrustful of authorizing uses of force by those few political actors that possess long distance force projection capabilities and accompanying political will that they refuse to consider the context or weigh the pros and cons of the particular case.

 

Five Sets of Conclusion

 

            Against such a background of antagonistic views about interventionary diplomacy, I would support several general propositions in seeking to develop an approach that was not ideologically predetermined and sensitive to context, yet overall leans toward the adoption of an anti-interventionist position:

            –assess the pros and cons relating to a given situation, including taking due account of the radical uncertainty that arises from unknown and unknowable aspects of the national context and an inability to assess accurately the risks associated with a prospect of national resistance to intervention; such considerations on balance in most situations uphold policies reflective of the presumption against intervention;

            –such a presumption can be only overcome by solid evidence suggesting that a true humanitarian emergency exists, that the persons and communities facing a dire threat can be rescued by a proposed scale of intervention that is effective without encroaching upon rights of self-determination, and to the extent possible, that the intervening political actor receives authorization from the UN Security Council;

            –in situations of exceptional danger to a civilian population as posed by a genocidal campaign the presumption can be put aside even without UNSC authorization, provided there exists a regional consensus supportive of intervention of the character as existed in the Middle East in reaction to Iraq’s occupation and annexation of Kuwait in 1990 and in Europe in relation to Kosovo in 1999; the quality of the regional consensus is inescapably a matter of interpretation, although formal endorsement of or opposition to a proposed intervention by a constituted regional organization deserves serious respect in the absence of clear signals at the global level from the UN Security Council;

            –such a presumption deserves deference if the intervention seems contrary to the wishes of the people engaged in a struggle or if the intervention will tip the internal balance in civil strife contra popular will and the dynamics of self-determination or if it is likely to give rise to proxy wars of regional and global scope as has been the tragic fate of Syria since 2011;

            –it may be possible and desirable to support nonviolent initiatives shaped and carried out by civil society actors. In such circumstances, the presumption against intervention should remain in the background, yet relevant to the avoidance of militarizing the conflict. Even then it is important that civil society actors are independent of government influence and not vehicles for an intrusion upon unresolved civil strife. It is also relevant that there exists convincing evidence of a humanitarian crisis and a realization that the territorial government is incapable of acting protectively or is guilty of crimes against humanity; a strong precedent for such intervention from below was exemplified by the global anti-apartheid campaign that exerted major pressures on South Africa in the early 1990; a more controversial example is the BDS (boycott, divestment, and sanctions) movement currently challenging certain Israeli policies and practices involving Israel’s unlawful settlements, continued occupation of Palestine, and overall interference with Palestinian rights under international law.

 

            These five propositions are rough guidelines for reaching a contextual assessment in relation to any debate proposing a specific intervention or civic action aimed at achieving change in a foreign state. By its nature, there is an imprecision associated with such a framework, but it is an alternative to the sort of doctrinaire approach that has been so common in the polarized public debates about intervention during the past 20 years. Relying on these guidelines I opposed the 2003 intervention in Iraq because of the absence of either a Security Council authorization, an existing humanitarian emergency, and the likely prospect of sustained national resistance. In relation to Libya in 2013, I favored a limited humanitarian intervention to protect the civilian population of the city of Benghazi because there was a UN authorization and a genuine humanitarian emergency, but strongly opposed the NATO enlargement of the mandate to encompass a regime-changing mission. Syria has been the most daunting of challenges as there has existed for several years a severe humanitarian emergency, but there is neither a global nor regional consensus supportive of military intervention. Worse than this, the Syria strife has been greatly intensified by become the scene of multiple interventions by political actors from the Middle East and beyond. Additionally, the uncertainty factors depicted in the first guideline have made it impossible to have sufficient confidence that any foreign military intervention in Syria would not intensify the violence and work against achieving a sustainable peace based on inclusive governance respectful of the human right of all inhabitants. The complexities of the dynamics of self-determination makes it often impossible to reach any kind of clarity with respect to proposed initiatives by external actors. It is important to recall that self-determination remains the most significant anti-intervention norm in a post-colonial global setting, and is so often marginalized in debates for or against intervention. This neglect of the relevance of self-determination has often deepened the tragic plight of state-building in the aftermath of political independence.

 

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My Tribute to Serena Williams

5 Feb

My Tribute To Serena Williams    

 

There have been so many reminders in the past few months that racism remains alive in America that it is worth celebrating an occasion of its transcendence. I am referring to the announcement that Serena Williams,likely to be remembered as the greatest woman tennis player ever, has announced her return to the Indian Wells tournament after a 14 year boycott.Beyond her consummate skill and competitive exploits as a durable champion, I have always found Serena gracious, humble, generous to her opponents, full of fun, and as magnetic off the court as she is domineering and fierce while playing.

 

The boycott was her reaction to a hostile crowd reaction in Indian Wells back in 2001 when an injury to her sister, Venus, led to her withdrawal from a semifinal match in the tournament when they were scheduled to play one another. Many in the crowd assumed that the cancellation was arranged between the siblings, and shouted racist taunts from the stands during the finals that were directed at her father and then coach, Richard Williams and Venus when they entered the stadium to watch Serena play. Despite the taunting by the crowd, accompanied by racist slurs, Serena nevertheless prevailed in the match. She calls this experience one of the darkest in her long career, remembering the many tears that she shed after it was over, and being reminded at the time of her father’s stories of growing up amid a racist atmosphere in the South. She recollects her feelings with these words: “I suddenly felt unwelcome, alone and afraid.” Her boycott of Indian Wells seemed both self-protective, and in a sense punitive, depriving this high profile tournament of two of its star attractions (as Venus also refused to play).

 

In a story in the NY Times (Feb 4, 2014) written by Christopher Clarey, Serena explains her decision as partly prompted by a film on the life of Nelson Mandela that taught her the healing benefits of forgiveness. It was this sentiment that she mentions as the basis of the decision, which was enthusiastically welcomed in the most affirming way by those tennis officials associated with the tournament, including its billionaire sponsor, Oracle chief Lawrence Ellison. Of course, a cynic would dismiss this kind of reaction as purely driven by commercial considerations, giving the tournament at Indian Wells to be played in March 2015 greater prestige and commercial success. Undoubtedly these motives were in the mix, but I believe that for mainstream America there has been an important shift away from the sort of racist responses that Serena Williams encountered in 2001. Call it ‘political correctness’ or a change of heart, but I believe it exhibits a deeper cultural appreciation that this form of racism directed at African Americans is no longer ethically, socially, and politically acceptable. Of course, to some extent this brand of racism has been displaced and replaced by a new racist menace, that of Islamophobia.

 

By returning to Indian Wells Serena Williams has made the double point of at once acknowledging the pain of her past victimization and the healing power of forgiveness. It is one more stage in her remarkable journey that started in the harshness of the racially segregated and impoverished Compton neighborhood Los Angeles. It is a journey that is personally moving for me. My mother was a highly ranked tennis player for fifteen years at a time when African Americans were excluded altogether, and also making me aware of the rigors of training and discipline that such a life of athletic dedication requires. Beyond this, for me tennis (and squash) was my daily therapy for many decades, and the source of several enduring friendships—certainly cheaper, more enjoyable, and even more effective than what most professional therapists have to offer. And so I take this moment to thank Serena Williams for who she is and what she has done for herself, and for all of us, especially for those of us who love the game of tennis.

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Viewing American Sniper

26 Jan

Viewing American Sniper

 

[American Sniper was released on Christmas Day, 2014. It is a movie version of Chris Kyle’s memoir, American Sniper: The Autobiography of the Most Lethal Sniper in U.S. Military History, with 255 kills, 160 officially confirmed by the Department of Defense. The movie set in Iraq is directed by Clint Eastwood, Bradley Cooper plays the part of Chris Kyle, and Sienna Miller is brilliantly cast in the role of his wife, Taya]

 

American Sniper is a fictionalized movie version of the war stories associated with Chris Kyle’s experience as a Navy SEAL in the Iraq War as recounted in his best-selling memoir. The film can be viewed from a variety of angles, including even as one more indictment of war as hell. A second line of interpretation focuses on the intense psychological tensions experienced by this single American soldier and his comrades caught up in the horrors of urban warfare in Iraq.  A connected theme are the adverse impacts of Kyle’s war service on his family that is made to cope with the complex and contradictory traumas of his absence (confronting his potential death on a distant battlefield) and his alienated presence whenever he returns, a scarred individual who longs to go back to Iraq to resume his assigned role as ‘legendary sniper.’  Multiple scenes in the movie portray Kyle as haunted by his service. In his book, Kyle consistently treats his victims as “savage, despicable.” At one point he makes such statements as “I only wish I had killed more,” “I loved what I did. I still do. If circumstances were different – if my family didn’t need me – I’d be back in a heartbeat. I’m not lying or exaggerating to say it was fun. I had the time of my life being a SEAL.” The film avoids giving emphasis such to extreme statements, but it does portray this sniper as convinced he was cut out for the combat role given to him, and that he seems more alive and content when active in the killing fields of Iraq than when back home.

 

 

Kyle’s own violent death is also metaphorically significant—actual events disclosed by text in the film but not depicted, Kyle was killed by an American soldier wounded in Iraq whom he had helped at a nearby veterans’ hospital where he worked at the advice of a psychiatrist to overcome his own version of PTSD. Such an ending of his life conveys the irony that for Kyle the more dangerous battlefield turned out to be in the neighborhood of his family residence, his assailant not the evil ‘savages’ he mowed down in Iraq but a fellow American veteran who had experienced those very same encounters. Kyle had survived four tours of duty as a sniper in the midst of the most bloody military operations in Iraq, but these survival skills proved irrelevant to the minefields of innocence that now made the American countryside a dangerous war zone.

 

From box office success and right-wing praise, American Sniper, is obviously most commonly regarded as a celebration of Chris Kyle as war hero who deserves the thankful praise of the country. From this outlook, Kyle killed enemies of America at great risk and cost to himself, and spared the country a repetition of the 9/11 attacks. It is this self-serving and essentially distorted vindication of the Iraq War that the film presupposes, even to the extent of having Kyle watch on TV as the plane strikes the World Trade Center, with a quick scene shift in the movie to waging war against those presupposed to be the foot soldiers of Al Qaeda in Iraq. Embedded in this view was a double false narrative that the American mission in Iraq was to carry out a necessary counter-terrorism operation linked to the 9/11 attacks and that the Iraqis being killed in Falluja and elsewhere should be perceived as ‘terrorists’ rather than as fighters against an invasion and occupation of their country by a foreign power that disrespects their religion, culture, and sovereignty.

 

These narratives dominated my perception of the movie, although those associated with its production deny such lines of interpretation. Clint Eastwood (the director and producer) and Bradley Cooper (who plays Kyle in the film) have publicly questioned employing a political optic in commentary on the film. They insist, in contrast, that the movie was ‘a character study’ of Kyle and ‘apolitical’ in the sense of not taking a position pro or con the Iraq War. Eastwood has tried to lend credibility to his claim by pointing out that he opposed the Iraq War, and was even skeptical about Afghanistan. Yet whatever he privately feels this not how most viewers most viewers would experience the film, either being enthralled by Kyle’s exploits or appalled by them. Eastwood may have aspired to tell an apolitical story, but if so, he has failed badly.

 

The Iraq War was a war of aggression undertaken in 2003 despite the rejection of a well-orchestrated (and misleading) American plea to the UN Security Council for authorization. Against such a background,  the attack on Iraq and subsequent occupation were widely regarded as international crimes bearing resemblance to the category of aggressive warfare for which German and Japanese leaders were punished for waging after World War II. In this light, the Iraqi violence associated with the hostile American occupation needs to be portrayed as a unilateral repudiation of the limits set by international law and the UN Charter on recourse to war by the world’s most powerful country. Additionally, American Sniper depicts the doomed efforts of an outgunned society to resist a militarily dominant foreign invader that is imposing its will on the country’s future by force of arms. Such a viewing is not meant to imply that we need to endorse some of the horrific Iraqi tactics relied upon, but it should remind us that presenting the Iraqis as ‘evil’ and as ‘savages’ functions in the film as an unchallenged display of Islamophobic propaganda, and cannot be credibly explained away as a realistic exploration of a war hero’s temperament and struggle for sanity and survival. American Sniper also presents Kyle’s story in such a way as to avoid any self-criticism directed at the American mission in Iraq.

 

The movie also lacks redeeming artistic merit. It is relentless and repetitive in portraying battle scenes of intensity intertwined with Kyle’s tormented relationship with his wife and efforts to become a father to their two children during his brief interludes of home leave between military assignments. We learn nothing about the realities of our world beyond a tired rendering of the embedded post-9/11 polemic on the necessity of foreign wars to keep America safe from evil forces lurking in the Islamic world. This orthodoxy is not even interrogated, much less rejected. And no where in the film is there any acknowledgement that the United States in Iraq was acting in defiance of international law and causing great devastation and suffering to a totally vulnerable foreign country, as well as producing a massive displacement of the civilian population. Leaving behind a devastated country and widespread chaos. The Iraqi experience of such carnage in their own country is treated as irrelevant, and is reminiscent of Vietnam War films that were mostly devoted to explorations of the victimization of the young Americans caught up in an experience of war that they could neither understand nor win, while overlooking almost altogether the massive suffering being inflicted on a foreign people in a distant land. That is, even most anti-war portrayals of these American wars accept the dehumanization of the foreign others.

 

For me the most significant impressions resulting from American Sniper’s narrative of the Iraq War are as follows:

 

            –the striking imbalance between the sophisticated military technology at the disposal of the United States versus the primitive weaponry in the possession of the Iraqi adversaries, creating an overwhelming impression that the Iraq War was more ‘a hunt’ than ‘a war;’ such an impression is somehow deepened by a scene in the film in which Kyle is teaching his very young son to hunt for deer;

            –the failure to make any effort at all to understand the experience of this war from the perspective of the Iraqis, creating the absurd impression that the only victims deserving empathy were Americans like Kyle who had endured the torments of warfare and suffered its admittedly disorienting consequences; the emotions of remorse as associated with the harm done to Iraq and Iraqis is no where to be found in the film.

 

What may be disturbing is the radical subjectivity of likely audience responses. In America, great popularity of mostly uncritical commentary on American Sniper, reinforcing the regressive national mood of glamorizing bloody military exploits as the most admirable expression of true patriotism. Elsewhere in the world the perception is likely to be quite opposite: American Sniper inducing anti-American attitudes either out of fear or resentment or both, solidifying the global image of the United States as a cruel geopolitical bully. That is, American Sniper is wildly pro-American for most domestic viewers, and severely anti-American for most foreign viewers. This gap in subjectivities exhibits the degree to which Americans are living in a bubble of their own devising.

 

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It is highly unlikely that many Americans will appreciate this disparity of perception, and even fewer will pause long enough to assess its significance. If more of us could see ourselves as we are seen in the mirror of foreign reactions it might help end this unhealthy national romance with permanent war that started after World War II with the Cold War and continues now in the form of the ‘War on Terror.’  Such a pattern of delusional geopolitics will never produce peace and security in the 21st century, and will fatally divert attention from meeting the challenges of humanity associated with climate change, nuclear weapons, poverty, and extremism. To question this American domination project is to antagonize the entrenched bureaucratic, media, and neoliberal forces that benefit from endless war making and its associated expenditures of trillions. In the end it is this grand project of late capitalism that American Sniper indirectly vindicates, thereby burdening the nation and the world, perhaps fatally.

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Pope Francis, Salman Rushdie, and Charlie Hebdo

20 Jan

 

 

(Prefatory Note: This post is a much modified piece published a few days ago in AlJazeera English, and republished elsewhere on line. As many have now done it tries to enlarge the context in which the Charlie Hebdo events are understood beyond a highlight film clip in ‘the war on terror.’ The alleged link between the Chouachi brothers and Al Qaeda of the Arabian Peninsula (AQAP) allows the attack on Charlie Hebdo to be experienced as the French 9/11, and with this a return of France to a status of post-colonial geopolitical relevance. Without grasping the relevance of how the dominant treat the dominated within our societies and throughout the world, we are consigning ourselves to many repetitions of the private and public horrors experienced in France on January 7, 2015.)

 

 

There is some common ground, but not much. The killings in Paris last week were horrifying crimes that expose the vulnerability of democratic societies to lethal vigilante violence, whether facilitated from outside or as a spontaneous expression of homegrown psychopathic alienation. Beyond this naked, morbid reality associated with the murder of the Charlie Hebdo cartoonists, police officers, and the supermarket hostages there is nothing but darkness, and in that darkness some dangerous monsters lurk.

 

We can be again thankful for the moral clarity of Pope Francis who a few days ago in the impromptu setting of a plane taking him from Sri Lanka to Manila shined a light upon the darkness. Unlike those who so ardently wielded the slogan “Je suis Charlie” the pope understood that free speech without limits is an invitation to indulge the worst negative impulses that will then operate as viruses destroying the vital organs of the body politic.

 

What Pope Francis underscored was the impossibility of reconciling dignity with hurtful insults, especially as directed toward the already marginalize and socially vulnerable. He illustrated his view by saying that if one of his companions on the plane, Dr. Alberto Gazparri a Vatican official, hurled obscene insults at his mother Gazparri could expect to receive a punch. The pope called such a physical response normal: “It’s normal. It’s normal. You cannot provoke. You cannot insult the faith of others. You cannot make fun of the faith of others.” Perhaps, this is too strong an expression of limits, but it does indirectly raise the Derrida urgent question of how and whether we can ever learn to ‘live together’ in peace, with respect within globalizing social space, while swallowing differences of race, class, religion, ethnicity, gender.

 

Francis went on to say the obvious, that to kill in response to any provocation, however severe, hurtful, and lewd, is not compatible with religion properly understood. If it claims a religious motivation, such behavior is an expression of “deviant forms of religion.” He goes on to say “To kill in the name of God is an aberration.” At the same time, how lines are drawn with respect to acceptable and unacceptable forms of provocation is highly political, changeable, and culturally influenced and even constructed.

 

In one respect France and other governments understand both sides of this argument, but twist it for political purposes. The popular African comedian Dieudonné has been repeatedly charged with criminal offenses because his humoraous routines deeply offend Jews, Zionists, and Israel. He is being currently prosecuted in France for ‘defending terrorism’ It turns out that there are no less than 54 pending cases in the country associated with ‘condoning terrorism’ by way of speech. The Associated Press reports that despite present tensions and the public celebration of free speech the government in Paris has “ordered prosecutors around the country to crack down on hate speech, anti-Semitism, and glorifying terrorism.” But note no message by the French government is sent mentioning ‘hate cartooning’ or addressing the surge of ‘Islamophobia’ in the country in the days following the January 7th attack on the Charlie Hebdo editorial offices. A large number of mosques in France and elsewhere in Europe have been desecrated in the last week. There are numerous reports of harassment of Muslims as they walk the streets of the country, and indeed throughout Europe. It is understandable that the Muslim community as a whole feels on edge given the ambiguity of the ‘je suis Charlie’ fervor that includes a new press run of 5 million, compared to the former figure of 60,000, that features a cover demeaning the prophet Mohamed. The ambiguity arises because there is a merger of solidarity with the victims and their families after such a shocking attack and an endorsement of their depiction of the Muslim religion as depraved and degrading.

 

This kind of double standards toward these two kinds of hate speech performs a variety of insidious functions for the French state. It uses the language of ‘terrorism’ or ‘anti-Semitism’ to demonize its political enemies and ‘freedom of expression’ to insulate its political allies from any adverse consequences. It blends the criminalization of terrorist advocacy and anti-Semitism with public action taken in the face of strong criticisms of Israel, especially if proposes concrete nonviolent action as is the case for the boycott, divestment, and sanctions (BDS) campaign. And it makes it even clearer to Muslims that they are fair game for Islamophobes and xenophobes. In effect, a French political community is being upheld that seeks to include Jews as valued and protected members while reinforcing the Muslim understanding that their residences and social standing can be fully understood by reference to the negatively imaged banilieus of the country depicted by the corrupted custodians of public virtue as virtual no-go zones for ordinary Frenchmen, and hazardous neighborhoods even for public officials and the police.

 

In the wake of these events, there is in the West the mainstream media has given a renewed prominence and sympathetic look back at the ordeals that Salman Rushdie endured after the publication of his satirical novel The Satanic Verses in 1988. Rushdie, appearing as a guest on Bill Maher’s talk show and delivering a lecture at the University of Vermont, understandably defended freedom of expression as an absolute right. His words, deeply felt, are worth heeding as the counterpoint to the views expressed by Pope Francis: “And so artists who to that edge and push outwards often find very powerful forces pushing back. They find the forces of silence opposing the forces of speech. The forces of censorship against the forces of utterance..At that boundary is that push-and-pull between more and less. And that push and pull can be very dangerous to the artist. And many artists have suffered terribly for that.” To speak as an ‘artist’ is not a warrant for hate speech that is directed at a group where there needs to be a balance struck between opposed societal values.

The context of Rushdie’s recent remarks was the Charlie Hebdo incident, but his outlook was intended to be sweeping in its generality as applicable to Islam in general. And yet he did not, nor did Bill Maher, pause to take note of those powerful forces in the West that have tried to shut down critics of Israel by shouting ‘anti-Semite’ at the top of their lungs. Some sensitivity to Jews is certainly appropriate as a social value in our post-Holocaust world, but such sensitivity should not be coupled with insensitivity to the victimization of the Palestinian people by the state of Israel. Without some degree of consistency it is difficult to consider clearly how societal balance should be struck in a given situation. The intermingling of East and West has given rise to deep grievances among many Muslims throughout the world, and calls attention to exploitative structures of political, economic, and cultural life within our world that link the domineering to the dominated, giving rise to desperate forms of resistance in response to despicable forms of domination by the powerful and rich.

 

It should not be surprising that the killers in Paris were moved to action by Abu Ghraib pictures portraying the torture and humiliations of Muslims held in American run Iraqi jails. In 2007 Chérif Kouachi said these words in a French court: “I was ready to go and die in battle. I got this idea when I saw injustices shown by television on what was going on over there. I am speaking about the torture that the Americans were inflicting on the Iraqi.” Was it wrong for Kouachi to be appalled? Was it wrong for him to want to act in support of his beliefs? What were his real life options? Of course, it was wrong to do what he did. As W.H. Auden wrote in a famous poem: “Those to whom evil is done do evil in return.” This is essence of blowback, a kind of warning to the rich and powerful to act justly. Yet we find the rich and powerful in denial, and so the vicious cycles of blowback persist in their fury.

 

What makes this confrontation so difficult to resolve is that it engages at least two truths, not the single one that has dominated public space. The essential beginning of ethical credibility is an insistence upon consistency. Either Rushdie and France have to uphold the freedoms of Dieudonné whose humor they find abhorrent as well as safeguard the publication of Charlie Hebd discriminating as between various ethnicities and religions in its midst when it comes to drawing lines between protecting the freedom of expression and punishing hate speech.

 

The U.S. Supreme Court long ago decided that free speech does not entitle someone to yell ‘fire’ in a crowded theater. This is what courts are for, to draw these lines in specific cases, balancing opposing truths in the light of practicality and the evolving values of the community. What a judicial body had to say about race or homosexuality a century ago is different than what is says today. And as we in American know too well, the prevailing ideology among the justices is often of greater relevance in determining how such lines are drawn than are the legislative, constitutional enactment, and cultural norms being interpreted. In some respects, then, such determinations are more part of the problem than of the solution.

 

I find myself siding with the abstract sentiments of Pope Francis, but in sympathy with Rushdie’s view of minimizing the role of law and the state. In this respect, if we impose limits by way of government we are entering the domain of censorship. At the same time, we need to protect individuals and groups against malicious forms of defamation and hateful attacks on identities without confusing such protection with efforts to channel public awareness in certain prescribed directions. My own experience suggests that ‘freedom’ of this sort has been used by some pro-Zionist and pro-Israeli organizations to discredit and deter and criticism of Israel, and especially of Israeli state crimes victimizing the Palestinian people. In Rushdie’s case we need to protect his right to publish The Satanic Verses, while condemning the fatwa imposing a death sentence for blasphemy and apostasy, yet respecting the right, and possibly the duty, of non-Western political communities to prohibit distribution of such a book due to its provocative nature in certain civilizational settings.

 

Obviously, there are no cookie cutter answers. The proper limits are a matter of history, ethics, cultural priorities, political leadership, societal circumstances, and most of all, spiritual sensitivity. I feel that the central question is raised by Derrida’s inquiry into how we can learn to live together as well as possible, or at least better. For me living together, given the originality of our historical moment, involves the construction of overlapping communities of destiny—from family to world, with a major focus on national and sub-national political communities without forgetting the wholeness of humanity, our too often suppressed or distorted species identity. Such an undertaking needs to be combined with a greater effort to establish a global political community so that challenges posed by climate change, nuclear weaponry, infectious disease, religious and ethnic intolerance, world poverty, and societal marginalization can be addressed more effectively and humanely.

 

 

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Pope Francis and Religious Cosmopolitanism

10 Jan

 

Points of Departure 

Perhaps, the most hopeful recent development in human affairs is the emergence of Pope Francis as the voice of global conscience. Although Francis speaks with papal authority to the 1.2 billion Catholics in the world, he also increasingly speaks with human authority to the rest of us. How significantly this voice will resonate might be viewed as the ultimate test as to whether ‘soft power’ is overcoming the geopolitical death dance that imperils the human species as never before.

 

When visiting occupied Palestine in May of 2014 Francis prayed at the notorious Israeli separation wall in Palestine that the World Court had ordered dismantled as unlawful back in 2004. The pontiff chose to pray near a scrawled graffiti that read ‘Pope, we need some 1 to speak about justice.’ While in the Holy Land Francis articulated what justice should mean in relation to the Palestinian reality: the pope called the existing situation ‘increasingly unacceptable,’ defied Israel by speaking of the ‘State of Palestine’ while touring the West Bank, and urged the establishment of a ‘sovereign homeland’ for the Palestinian people where there would be freedom of movement (so long denied). By this visit and declaration, Pope Francis indirectly underscored the ethical insight of Nelson Mandela and Archbishop Desmond Tutu that after the collapse of apartheid in South Africa, the great symbolic moral challenge directed at the conscience of humanity is the empowerment and liberation of the Palestinian people. Such an affirmation also confirms Francis’ credentials as an independent world leader who will not defer to Washington’s craven submission to Israel’s continuous trampling upon Palestinian rights.

 

More broadly, Pope Francis has made it repeatedly clear that he is a critic of global inequality and of a capitalist world economic system that has produced ‘plunder of nature,’ a ‘frenetic rhythm of consumption,’ and worship of ‘the god of money.’ Above all, according to the German cardinal, Walter Kasper, this is a pope who “wants to lead faith and morality back to their original center” in authentic religious experience. Such leadership is definitely taking a form that is responsive to the array of unmet global challenges that threaten future harm to all peoples in the world, as well as to those most marginalized and vulnerable due to their particular circumstances. The spirit and substance of Pope Francis’ pastoral ministry is clearly within the framework of the Roman Catholic tradition, but its outreach is essentially ecumenical, touching deeply all who care about spirituality, survival, and global justice.

 

The Failures of Secular Global Leadership

 

When Barack Obama was elected in 2008 there was a hope throughout the world that he would provide the kind of inspirational leadership that could nurture political confidence in the human future. Surely, such expectations are the only conceivable explanation for awarding Obama the Nobel Peace Prize the following year while America was involved in two major wars of aggression (Afghanistan, Iraq) and was pursuing a militarized foreign policy of global scope involving navies in every ocean, hundreds of overseas bases, and the potential weaponization of space. It still seemed plausible in 2009 to suppose that only a charismatic American leader possessed the will and ability to forge cooperative solutions serving the human interest in response to global challenges. The United States at its best managed to combine the pursuit of its national interests with some sense of responsibility for upholding global interests. This role was played by the United States with varying degrees of success. It has been a characteristic of world order since 1945.

 

In the months after his inauguration as president, Obama seemed to share this sense of historic mission by making in the Spring of 2009 rather visionary speeches in Prague proclaiming a commitment to achieving a world without nuclear weapons and then in Cairo about turning a new page in the Middle East, including exerting pressure on Israel to create finally the political basis for resolving the conflict. Unfortunately, all too soon it became apparent to all who observed the scene that Obama was a president committed to the continuity of American global power and influence, and not at all ready to engage in battles against entrenched forces that would be required to achieve global justice. On both the Middle East and nuclear weapons Obama quickly yielded to those who insisted on the absoluteness of Washington’s support for Israel and gradually showed his willingness to appease the American political establishment that was far more interested in modernizing the nuclear weapons arsenal than considering prudent moves toward its abolition.

 

On a global scale, the failure of all efforts to heed the warnings of climate scientists to curb carbon emissions on an urgent basis or continue the trend toward global warming with dangerous intensifications of its attendant harms. Conference after conference each year under UN auspices have exhibited the inability of states to cooperate for the global common good to nearly the extent called for by a prudent response to what the scientists are saying about climate change. What prevails in these gatherings of over 190 states is the unwieldy interplay of national interests, and a grim recognition that the only practical way forward is to rely on the voluntary pledges of governments, and in doing so, abandoning the goal of imposing ‘common but differentiated’ legal obligations on all states. In effect, this shift to voluntary undertakings gives up any pretense of establishing an effective public order of climate protection. There is no doubt, as has been evident since the failure of the United States to ratify the Kyoto Protocol of 1997, that the domestic political situation within the country makes it unrealistic to seek a responsible climate change treaty if it makes encroachments on national sovereignty, as it must, as well as likely on profit-making, economic growth, and employment. In effect, the structure of international society based on the interplay of sovereign states and market driven economic actors makes it politically impossible to reconcile patterns of global governance with upholding the human or global interest. This structural reality of statism has become more relevant given the inability of the United States to any longer possess credibility as the chief promoter of global interests of benefit to all peoples of the world.

 

There are also ideological resistances to acknowledging limits with respect to human activity, mainly associated with the persisting strength of nationalism as compared to competing transnational belief systems. As became evident as long ago as World War I, working class solidarity promoted by socialist values was no match nationalist sentiments supportive of European colonial interests overseas. In effect, political leaders of states, whether democratic or authoritarian, are products of political cultures that continue to be shaped by the predominance of nationalism. Such a reality underscores growing tension between the human exploitation of the natural environment and a variety of threats to ecological sustainability.

 

Pope Francis as an Agent of Global Revolution

 

It is precisely here that Pope Francis’ entry upon the scene has potential revolutionary consequences. In line with this, it seems entirely appropriate that his most concerted commitment to date is to awaken the world to the menace of global warming arising from unchecked climate change. The Vatican has announced the Pope’s intention to issue a major encyclical that will set forth an authoritative statement of the Catholic Church’s thinking on climate change. This will be followed by a speech to the UN General Assembly in the Fall and after that, by a Vatican call for a global summit of religious leaders drawn from around the world. What the Pope brings to the table is a meta-political promotion of the human interest that has so far been absent from all efforts, including those of the UN, to meet global challenges. In this sense, mobilizing the pope’s Catholic base and reaching out to other religions is the kind of global leadership needed to have any prospect of fashioning the sort of robust response to climate change that is needed with growing urgency.

 

I have long believed that within each of the great world religions there exists an ongoing struggle between sectarian and universalist tendencies. Both tendencies can draw on their respective traditions to support contradictory claims about the nature of the core religious message. What is exciting about Pope Francis is that he seems to be moving the most globally constituted and influential world religion in a distinctly universalist direction at an historical time when such an orientation is directly related to building a positive future for the peoples of the world, and even more generally, for the human species and its natural habitat. Whether he is able to attract other religions to exert their influence in similar directions remains to be seen. As has been already observed, there are some influential doubters within his own Catholic hierarchy, seemingly threatened by his assaults on their bureaucratic positions of prestige (he has notably accused the Vatican Curia of ‘spiritual Alzheimer’s and a ‘funereal face’) and privilege associated with its proper custodial role of administration and the protection of the traditions of the Church. Some forces within the Catholic hierarchy hostile to Pope Francis’ ministry are allied with predatory political and economic interests. It has also been reported, for instance, that the great majority of Christian evangelists are deeply suspicious of this pope’s emphasis on climate change as arising from human activities. They even accuse Francis of propagating a ‘false religion’ by undermining their religiously based belief that global warming and extreme weather are clear signs of an approaching apocalypse rather than being negative byproducts of a fossil fuel world economy.

 

There is a further concern. Even if the religious summit is a glowing success, it will not by itself exert a sufficient impact on the political system to get the job done, given the hegemony of the state structure of world order and its supportive nationalist ideology when it comes to the adoption of global policy norms. Overcoming statist resistance will only be brought about if religious pressures are backed up by a transnational mobilization of people, a popular movement that alters the political climate within which leaders of states act. We need to remember that even the most inspirational of religious leaders does not have access to the policy mechanisms at the disposal of sovereign governments that alone have the ability to solve problems through institutionalizing cooperative action. Only with a surge of bottom-up politics can there be mounted a sufficient challenge to status quo forces resistant to change.

 

Note should be taken of the relevance of the US-China Agreement (Novemeber 2014) to place certain modest limits on carbon emissions, less for the substance of what was agreed upon by these two governments that account for about 50% of the buildup of greenhouse gasses, then to illustrate that if a populist movement calls for change and is then reinforced by the top-down initiatives of the dominant geopolitical actors, it becomes much more likely that a prudent globally oriented policy on climate change will finally emerge. Most optimistically viewed, the US/China agreement could be a breakthrough if it heralds a recognition by these dominant political actors to combine their pursuit of national interests with assuming geopolitical leadership in defining and promoting the global interest, thereby merging 21st century humanism with geopolitics.

 

Of course, what makes Pope Francis’ presence on the global stage so welcome extends beyond climate change. It involves the entire gamut of global justice issues. It represents a dramatic move toward what might be described as ‘moral globalization.’ It challenges the statist character of world order, the nationalist hold on the political imagination, and the predatory manipulation by neoliberalism of our wants and desires. In the end, what is being offered is a spiritual and cosmopolitan alternative to human fulfillment and the meaning of life. Such a worldview is not presented through an exclusivist prism of Catholicism, but rather through a renewed nurturing of the deep roots of the human condition. These roots include a coevoultionary reenchantment of nature as the indispensable bio-political partner of humanity in the work of safeguarding this planet against the rising dangers of ecological implosion. Such a realignment of fundamental attitudes also involves subordinating the technocratic and calculative sides of modernity to more holistic cosmopolitanism. This will involve reestablishing contact with the deeper emotional and spiritual sides of our being mainly lost in the modern quest for a scientifically validated technocratic salvation.

 

At a time when there are many strident voices insisting that religion is irrelevant or worse, the example and messages of Pope Francis offer cosmopolitan hope. It has never been more important to counter the widely disseminated view that religion is inherently responsible for political extremism, and more destructively, to blame Islam as a religion for sociopathic violence when the culprits are Muslim. True, religious doctrine can be twisted to serve any values, however demonic, as can secularist thinking.

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The Irrelevance of Liberal Zionism

4 Jan

 

 

Frustrated by Israeli settlement expansion, excessive violence, AIPAC maximalism, Netanyahu’s arrogance, Israel’s defiant disregard of international law, various Jewish responses claim to seek a middle ground. Israel is criticized by this loyal opposition, sometimes harshly, although so is the Palestinian Authority, Hamas, and activists around the world. Both sides are deemed responsible in equal measure for the failure to end the conflict. With such a stance liberal Zionists seek to occupy the high moral ground without ceding political relevance. In contrast, those who believe as I do that Israel poses the main obstacle to achieving a sustainable peace are dismissed by liberal Zionists as either obstructive or unrealistic, and at worst, as anti-Israeli or even anti-Semitic.

 

Listen to the funding appeals of J Street or read such columnists in the NY Times as Roger Cohen and Thomas Friedman to grasp the approach of liberal Zionism. These views are made to appear reasonable, and even just, by being set off against such maximalist support for Israel as associated with AIPAC and the U.S. Congress, or in the NY Times context by comparison with the more conservative views of David Brooks (whose son currently serves in the IDF) who published a recent ‘balanced’ column lionizing Netanyahu, “The Age of Bibi” [Jan. 2, 2014]. Of all the deformed reasoning contained in the column, perhaps the most scandalous was comparing Netanyahu to Churchill, and to suggest that his story has the grandeur that bears a resemblance to Shakespeare’s MacBeth, an observation that many would find unflattering. Of all Netanyahu’s qualities remarked upon, Brooks astoundingly finds that “his caution is the most fascinating.” According to Brooks, Netanyahu deserves to be regarded as cautious because he has refrained from attacking Iran despite threatening to do so with bellicose rhetoric. I would have thought that Netanyahu’s inflammatory threats directed at Iran, especially as combined with covert acts including inserting viruses to disable its nuclear program and assassinating Iranian scientists, would seem reckless enough for most observers. Since Brooks fails to mention the murderous attacks on Gaza, there is no need to reconcile such aggressive behavior with this overall assessment of caution.

 

At the core of liberal Zionism is the indictment of the Palestinian leadership for “never missing an opportunity to miss an opportunity” to recall the self-serving quip of the Israeli diplomat, Abba Eban. Roger Cohen would have us believe that prior to the collapse of the April negotiations the U.S. Government had presented a framework agreement, acceptable to Tel Aviv, that the Palestinian Authority irresponsibly and unreasonably rejected. And not only rejected, but the PA behaved in a manner that was provocative, signed some international agreements as if it already was a state. [“Why Israeli-Palestinian Peace Failed,” Dec. 23, 2014] This spin comes from Netanyahu’s chief negotiator, Tzipi Livni, who is presented by Cohen as the voice of moderation, as the self-proclaimed champion of ‘two states for two peoples.’

Livni who is the leader of a small party called Hatnua, which is joined in coalition with a revamped Labor Party headed by Isaac Herzog, contesting Likud and Netanyahu. Cohen never inquires as to what sort of state she would wish upon the Palestinians, which on the basis of her past, would be thoroughly subjugated to Israeli security demands as well as accommodating the bulk of settlements and settlers while rejecting the rights under international law of Palestinians in relations to refugees.

 

When Livni was asked by Cohen whether she would suspend Israeli settlement expansion so as to get direct negotiations started once more, she indicated that she would “at least outside the major blocs.” Cohen calls her party ‘centrist,’ which is one way of acknowledging how far Israeli politics have drifted to the right in recent years. A reading of the leaked documents of the secret negotiations between the Palestinian Authority and Israel represented by Livni showed how disinterested Israel seemed to be in two states for two peoples at that time of far less extensive settlement encroachment, as well as her overt rejection of the relevance of international law to the diplomatic process. [For a collection of the leaked documents showing Livni’s role see Clayton E. Swisher, ed., Palestine Papers: The End of the Road (2011)]

 

This expresses a second element of liberal Zionism, that despite everything the two state solution is confirmed over and over again as the only path to peace. As such, it should be endlessly activated in accordance with the Oslo formula that keeps the United States in the absurd role of intermediary and continue to insist that any Palestinian reference to rights under international law is an obstacle to peace. After more than 47 years of occupation and over 20 years of submission to the Oslo approach it would seem that it is past time to issue a certificate of futility, and the failure to do so, is for me a sure sign of either bad faith or extreme denial.

 

What is baffling is that those like Friedman and Cohen who surely know better play this game that never even raises the concrete question of how to reverse a settlement process that now includes as many as 600,000 settlers many of whom are militantly opposed to any kind of solution to the conflict that challenges their present situation. Conveniently, also, this liberal advocacy finesses the claims of the four million or so Palestinian refugees, including almost two million that have been confined to miserable refugee camps for decades, some since 1948. How can one possibly imagine a sustainable and just peace emerging from such a blinkered outlook!

 

Liberal Zionists also oppose as irresponsible and unhelpful all efforts to challenge this framework, especially any call for holding Israel to account under international humanitarian law for its excessive violence. Alternative futures based on the equality of the two peoples, such as some kind of living together within a single political community are dismissed out of hand, either because of colliding with Zionist expectations of a Jewish state or because after decades of hatred any effort at social integration would be bound to fail. Intriguingly, my experience of many conversations with both Palestinian refugees and Gazans is far more hopeful about peaceful coexistence within shared political space than are the Israelis despite their prosperity, prowess, and far greater security.

 

In a similar vein, liberal Zionists almost always oppose as counterproductive, activist initiatives taken under the auspice of the BDS Campaign. Their argument is that Israel will never make ‘painful sacrifices’ when put under pressure deemed hostile, and without these, no peace is possible. What these painful sacrifices might be on the Israeli side are never spelled out, but presumably would include disbanding the isolated settlements and maybe the separation wall, both of which were in any event unlawful. The real sacrifice for Israelis would be to give up the completion of the maximal version of the Zionist project, that of so-called Greater Israel that encompasses the entirety of the alleged biblical entitlement to Palestine. For the Palestinians in contrast their sacrifice would necessitate renouncing a series of entitlements conferred by international law, pertaining to settlements, refugees, borders, self-determination, sovereignty. In effect, Israel would sacrifice part of its unlawful dominion, while Palestine would relinquish its lawful claims, and the end result would be one of the inequality of the two peoples, not a recipe for a lasting peace.

 

A final feature of liberal Zionism is to make concessions to the Greater Israel outlook along the following lines—Israel should be allowed to control the unlawfully established settlement blocs; Israeli security concerns should be met, including by stationing military forces within the West Bank for many ears, while any Palestinian security concerns are treated as irrelevant; Palestinian refugees would be denied the right to return to their pre-1967 places of residence; Jerusalem would remain essentially under Israel’s control; no provision would be made to ensure non-discrimination against the 20% Palestine minority living within pre-1967 Israel; no acknowledgement would be made of the past injustices flowing from the 1948 dispossession of hundreds of thousands of Palestinians from their place of residence and the destruction of hundreds of Palestinian villages, the catastrophe that befell the Palestinian people, the nakba, nor the recognition that the nakba is a process that has continued to afflict Palestinians to this very moment.

 

Despite its claim of reasonableness and practicality, the liberal Zionist approach is an increasingly irrelevant presence on the Israeli political horizon, paralleling the decline of the Labor Party and the peace movement in the country, as well as the ascendancy of the Likud and the politics of the extreme right. The Israeli end game is now overwhelmingly based on unilateralism, either imposing a highly subordinated and circumscribed Palestinian state confined to parts of the West Bank or establishing Greater Israel and giving up any pretense of implementing the formula of two states for two peoples. The fact that liberal Zionism and the diplomacy of the West largely plays along with the discarded scenario of two states for two peoples is nothing more than subservience to a cruel variant of ‘the politics of delusion.’

The denigration of liberal Zionism is not meant to belittle the effort of Jews as Jews to find a just and sustainable solution for both peoples. I strongly support such organizations as Jewish Voices for Peace and Middle East Children’s Alliance, and hail the contributions of Noam Chomsky, Norman Finkelstein, Ilan Pappe, and many others to the struggle for Palestinian empowerment and emancipation. 

 

Fortunately, Palestinian resistance will likely stymie the two variants of the Israeli end game mentioned above, but much suffering is almost certain to ensue before sufficient momentum builds within Israel and throughout the world for living together on the basis of equality and even solidarity, accompanied by the necessary acknowledgement of past injustices via some kind of truth commission mechanism. After such knowledge, anything will be possible!

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Terrorism, Torture, and the Problem of Evil in Our Time

31 Dec

Reading Confessions of a Terrorist: a novel by Richard Jackson (published by Zed Books, London & New York, 2014, $24.95, £16.99)

 

Richard Jackson, a professor of peace studies at the University of Otago in Dunedin, New Zealand, has written a probing political essay that takes the form of an imagined dialogue between a British interrogator and an Egyptian terrorist who is apparently thought at the time of their conversation to be the mastermind of an imminent attack on Great Britain. Jackson is a well-regarded expert on the politics and tactics of terrorism and counterterrorism.

 

The novel complicates our understanding of such fundamental questions as ‘what is terrorism?’ ‘who are the terrorists?’ ‘when is violence justified?’ ‘is torture ever justified?’ ‘what is the proper balance between resistance and violence against the innocent?’ ‘is there an effective alternative to violence in conditions of foreign occupation? The motivation of those who choose violent resistance against various forms of oppression are depicted in a balanced and perceptive way, as well as the life choices made by individuals who forsake ‘normalcy’ to pursue radical political goals are sensitively explored.

 

There is a narrative line that keeps the reader engaged, and slightly disoriented. The text of the novel is presented to the reader in the format of an official government transcript replete with redactions and occasional italicized comments made by a higher ranking bureaucrat who recommends various deletions so as to avoid causing adverse impressions on politicians and public opinion. The interrogator acknowledges from time to time the validity of his captive’s arguments, but by contrast the commentary by the bureaucrat is totally devoid of affect, concerned only with saving face in the event of exposure, and has recourse to various devices to cover up any disclosures in the transcript that could prove awkward if exposed.

 

Part of what makes Confessions such an effective book is its non-judgmental tone that accepts this role-playing dynamic in which the two characters largely choose their respective ‘careers’ on the basis of their distinct social locations and individual experience. Neither is presented as morally superior to the other. Above all, morality and legality are sidelined by according priority to the higher callings of ‘freedom’ and ‘security’ by both characters—by the interrogating official and by the terrorist (addressed as ‘professor’ because he had been a professor economics in Egypt before joining the struggle). There is a spirit of mutual recognition, which occasionally lapses into an attitude of appreciation. Each person is responding to a challenging situation in an understandable manner, and yet each at the same time passes judgment on the dirty work of his counterpart. The interrogator is dragged through the counterterrorist mud by ‘the professor’ while the terrorist is humanized by linking his violent behavior to his deep experience of intolerable realities of inequality and oppression. In the end both men seem to coexist on a plane of ethical equivalence, with each destined to play out their part as if entrapped in a tragic drama. The tone of Confessions contrasts with American neocon Manicheanism, epitomized by the simplistic language of George W. Bush who insists that the CIA torturers were ‘patriots’ (and good) while their victims were ‘terrorists’ (and evil).

 

Jackson leaves readers on their own to contemplate the carnage and suffering caused by the actual encounters taking place in the real world, inevitably raising concerns as to whether there might be a better way to organize the collective life of the planet. In other words, can the characters in the novel escape from their assigned roles?

 

With nuclear weapons under the control of as many as nine governments and trends toward global warming showing few signs of abatement, the hegemonic and militarized dynamics of control and resistance seem dangerously precarious compulsions, threatening future catastrophe, and maybe even species annihilation. It seems to me that the sub-text of Confessions, if I am not (mis)reading is the question that haunted many of Jacques Derrida’s later reflections: are societies capable of finding ways to live together in peace and harmony? Not just to get along or cohabit, but to enjoy the reality of the other in sustainable and mutually satisfying ways. Even positing such an aspiration amid the turmoil and strife of our lifeworld strikes an irresponsibly utopian note. Perhaps, Jackson doesn’t want us to go there at all, but to stop short, and be content to decode what these archetypal adversaries of contemporary state/society relations are really saying and doing. If this is indeed the intention, we can thank Jackson for bestowing an excellent pedagogical tool that can serve us well in classrooms and life circumstances.

 

While the dialogue proceeds, there is also a drama of sorts mysteriously unfolding. It becomes unclear toward the end who is the prisoner of whom, and the entire plot thickens, raising the broad question as to which side has the upper hand in these titanic struggles of our time. In effect, is there ‘a right side’ of history that will eventually prevail, or are we forever doomed to be afflicted by the toxic dialectics of violence? The collapse of European colonialism suggests one kind of answer, but the rise of neoliberalcapitalism suggests another. These larger concerns are not addressed directly by this fundamental interplay between violence from below and violence from above, which is what our preoccupation with whether such a struggle can be restrained within limits (respecting prohibitions on torture, refraining from targeting schools and hospitals) or is inevitably controlled by revolutionary absolutes.

 

The decision to have the interrogator be British, not American, seems odd at first, appearing to divert attention from the core global encounter, but on further thought, there is a supporting rationale. The colonial background of Britain in the Middle East may be a more valid perspective than the more conventional focus on the post-colonial role being played by the United States throughout the world.

 

Whatever else, Jackson has written a page-turning and thought-provoking book, which is highly recommended to anyone perplexed by this incurable scourge of violence. Although its characters are invented and the dialogue imagined, the reading experience is uncomfortably closer to non-fiction than fiction. In this instance, the imagined world is the real world! You can get a fuller sense of Richard Jackson’s thinking by visiting his consistently intelligent blog <richardjacksonterrorismblog.wordpress.com> The foreign offices and intelligence services of the world should have been required to read his posts on ISIS, which might have encouraged some thinking outside the militarist box, which is long overdue.

 

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Remembering 2014 (Badly)

25 Dec

 

Considering the year that is about to end is a time to pause long enough to take stock of what went wrong. In the United States not much went right aside from Barack Obama’s surprising initiative to normalize relations with Cuba after more than 60 years of hostile and punitive interaction. Although the sleazy logic of domestic politics kept this remnant of the worst features of Cold War diplomacy in being for a couple of extra decades, it is still worth celebrating Obama’s move, which when compared to the rest of his record, seems bold and courageous. As well, Obama exhibited a strong commitment to doing more than previously on climate change, using his executive authority to circumvent Congressional unwillingness to act responsibly. Obama’s immigration reform proposals also seem on balance to be positive, although whether they will be implemented remains an open question.  

 

Drifting Toward Cold War II: Remembering World War I

 

There are several signs of a worsening global setting that seemed to gain an ominous momentum during 2014. Perhaps, worst of all, is a steady drumbeat of anti-Russian rhetoric backed up by Western sanctions, that seems almost designed to produce Cold War II. No less a figure than Mikhail Gorbachev, speaking at the Brandenburg Gate an event observing the 25th anniversary of the collapse of the Berlin Wall, warned of a renewed Cold War, and wonder aloud as to whether it had already started. There is little reason to praise Vladimir Putin, but there is far less reason to transform the tensions generated by the confusing and contradictory happenings in the Ukraine into a renewal of high profile geopolitical rivalry, replete with crises and confrontations that pose world-shattering threats that could be actualized by accident, miscalculations, or the over-reactions of extremists bureaucrats and leaders.

 

In this year when the 100th anniversary of the start of World War I is being observed in many countries it is helpful to remember that this ‘Great War’ was started rather frivolously and proclaimed to be “the war to end all wars.” Instead, it is better remembered as the war that helped produced political extremism in Europe, unleashed forces that led to an even more devastating Second World War, and created the conditions that brought the nuclear age to the world. Perversely, as well, the origins of the contemporary turmoil in the Middle East today can be traced back to the world war one diplomacy that produced both the Sykes-Picot Agreement carving up the region by establishing artificial states to satisfy the greedy appetites of British and French colonial ambitions and the Balfour Declaration that committed the British Foreign Office and the League of Nations to the Zionist Project of establishing a Jewish homeland in the heart of historic Palestine without ever bothering to consult the indigenous population. Although some of the mistakes associated with the punitive aspects of the peace imposed on Germany by the Versailles Peace Treaty were corrected after World War II, these colonialist moves converted the collapse of the Ottoman Empire into an ongoing regional catastrophe that shows no signs of abating in the near future. We cannot rewind the reel of Middle Eastern history to learn if things would have turned out better if things had been handled more in accord with Woodrow Wilson’s premature advocacy of a self-determination ethos as the foundation of legitimate political communities deserving of membership in international society as sovereign states. These developments of a century ago are to an extent lost in the mists of time, but we should at least be alert about the roots of the present ordeal of chaos, strife, and oppression.

 

Torture Revelations

 

On December 9th after months of delay and controversy, the 500 page Executive summary of the 6,000 page Senate Intelligence Committee Report on CIA Torture was released. It contained some grizzly additional information and interpretations to what had been known previously, adding such practices as ‘rectal re-hydration’ to the repertoire of state terrorists, and indicating that there were at least 26 individuals tortured by the CIA who were improperly treated as suspects.

 

Perhaps, the most disturbing feature of this phase of the controversy about the treatment of terrorist suspects is the absence of remorse on the part of those associated with the policies relied upon during the Bush presidency in the period of hysteria following the 9/11 attack. Dick Cheney was particularly out front about his readiness to do it all over again, and refused even to lament the abuse of those detained by mistake.

 

The former Deputy Director of the CIA, Mike Morrell, has attempted to insulate the CIA from blame by suggesting the reasonableness of CIA’s reliance on the ‘torture memos’ prepared by John Yoo and Jay Bybee that encouraged the CIA to think that their forms of coercive interrogation were ‘legal,’ and argued the reasonableness of the post-9/11 inclination to take exceptional measures to gain information given the fears that abounded at the time within the U.S. Government of further attacks, including according to him, of a credible threat of al-Qaida’s access to a nuclear weapon within national borders. George W. Bush, never one bothered by nuance, assures us that the CIA torturers were ‘patriots’ who were engaged in doing the good work of protecting the security of the country. Bush seems to be saying that patriotism wipes clean the slate of individual criminal accountability.

 

Morrell, and his colleagues, conveniently ignore the fact that the Nuremberg Judgment concluded that even ‘superior orders’ are no defense for someone charged with violating fundamental rules of international humanitarian law. If we stop for the briefest of moments, and consider how we would view the interrogation practices of the CIA if roles were reversed, and white American males were seen as the victims rather than dark Muslim men from the Middle East, it would seem clear beyond a reasonable doubt, that the label ‘torture’ would fit, and the description ‘enhanced interrogation techniques’ (further euphemized as EITs) is a malicious evasion of reality.

 

Even liberal centers of opinion, including the ever cautious New York Times, have reacted to the Senate Report with calls for criminal investigations leading to probable indictments of those responsible for implementing torture, with the ladder of responsibility leading up at least as high as Cheney as Vice President, and conceivably to George W. Bush. [See editorial, “Prosecute Torturers and Their Bosses,” Dec. 22, 2014] The even more cautious American president, Barack Obama, has disconcertedly combined his repudiation of EIT culture and practices with a steadfast refusal to besmirch the reputation of the CIA or to look backward in time. Obama’s strange view, which is entirely destructive of any notion of governmental accountability ever, is that with respect to torture allegations the effort should be to prevent such behavior in the future, but not to investigate or impose any accountability for what was done in the past. I am led to wonder why he does not apply a similar logic to the leaks associated with such well-intentioned whistleblowers as Julian Assange, Chelsea Manning, and above all, Edward Snowden! Perhaps somewhere in the dark recesses of Obama’s mind he distinguishes between crimes of government (deserving impunity) and crimes against government (deserving severe punishment).

 

It is not that Obama is necessarily wrong in his disposition to overlook the past when it comes to torture revelations, although he supplied the citizenry with no appropriate justification for this de facto conferral of impunity. It is not at all certain that the United States political system could manage such self-scrutiny without experiencing such a deep polarization as to put domestic and world peace at risk. It is evident that the country is split down the middle, and the risks of strife and a surge of support for the extreme right in the event of arrests and prosecutions are far from being paranoid excuses of the timid. We need to face the reality, with all of its shortcomings in relation to law and justice, that we live in a world of pervasive double standards when it comes to the official treatment of criminal accountability for international state crime, whether perpetrated within the American domestic legal structure or at black sites around the world. It is plausible to hold defeated dictators like Milosevic, Saddam Hussein, and Qaddafi, accountable, but quite another matter to indict Bush, Cheney, and Tony Blair, although both groupings have been responsible for heinous crimes.

 

Part of the liberal concept of legality is to overlook what it is not feasible to do and focus on what can be done. From this perspective it was good to prosecute surviving German and Japanese leaders at Nuremberg and Tokyo because those charged were associated with vicious behavior and it was important to discourage and deter in the future. The fact that the indiscriminate bombing of German and Japanese cities by the victorious democracies, and the unleashing of atomic bomb attacks on Hiroshima and Nagasaki, would also by any criminal court be deemed as crimes is true but irrelevant. It is better not to go there, and leave it to dissident anti-imperialist scholars to whine about ‘victors’ justice’ and ‘double standards.’ “We liberals do what we can to make the world better, and to fight against the nihilistic nationalism of the extreme right.” Such is the liberal credo.

 

What liberalism ignores is the relevance of structure and the organic connectedness of equality with the rendering of justice. If we are unwilling to prosecute the most dangerous perpetrators of state crime, is it not hypocritical to go after only those whose behavior appalls or angers the reigning hegemon? Does it not make the rule of law susceptible to dismissal as a cynical exercise in the demonization of ‘the other,’ whether belonging to an adversary religion, ethnicity, a marginalized class, or defeated nation? The experience of the International Criminal Court during its first thirteen years of operation is illustrative of this two-tier discriminatory approach to individual accountability. This parallels the more overtly discriminatory approach to nuclear weaponry adopted via the profound shift away from the initial concern about apocalyptic dangers posed by the weaponry to anxiety about its spread to certain unwanted others.

 

Although these questions about criminal accountability are rhetorical, the prudential dilemma posed is genuinely challenging. I am not convinced that it would on balance be constructive in the present national atmosphere to attempt the punishment of political leaders in the United States who in the past authorized the practice of torture. The potential costs and risks seem too high compared to the benefits. The related question is whether or not to create some kind of equivalence at lower levels of expectations. If ‘well-intentioned’ torturers are given a free pass why not do the same for ‘idealistic and responsible whistleblowers’? It would seem almost beyond debate that the whistleblowers should not be prosecuted if the torturers are beneficiaries of such a pragmatic form of impunity. I would make the case that Assange, Manning, and Snowden deserve an honorific form of pardon, namely, the application of a doctrine of ‘principled impunity” as distinct from the notion of ‘pragmatic impunity.’ Here I think the social system in the United States would benefit despite producing some severe political strains that would almost certainly follow. I would argue that the highest pragmatic virtue of prudence would mandate taking such steps, namely, protecting one of the few safety valves available to citizens living in a modern national security state, which when added to the principled recognition of selfless and virtuous citizenship makes an overwhelming case for decriminalization. If we cannot have accountability for certain categories of abhorrent state crime, at least we should encourage transparency, making whistleblowing integral to the preservation of political democracy.

 

It would be a mistake not to connect the torture revelations to related issues of police brutality associated with the police killing of Michael Brown in Ferguson, Missouri and of Eric Garner in Staten Island New York. Beyond this, the militarization of American political culture has been reaffirmed at the level of the citizenry by polls confirming the highest level of support for gun rights in the history of the country. It is little wonder that the elected leadership, as reinforced by the entrenched bureaucracy, cannot think much outside the military box when it comes to conflict resolution. Above all the resources of the moral and legal imagination have been degraded for so long as to be virtually irrelevant, which of course satisfies the comfort zone on ‘political realists’ who continue to distort our perceptions of 21st century realities.

 

 

 

Multiple Atrocities

 

More than in previous years, 2014 seemed to be a time of multiple atrocities, events that went beyond the ordeals of warfare and massive poverty, to shock the conscience by their violent aggression against the purest forms of innocence—deliberate brutality directed at young children, exhibiting depraved political imaginaries. By calling attention I have no intention of downplaying the widespread suffering associated with such continuing struggles at those taking place in Syria, Yemen, Iraq, Kashmir, and many other places on our tormented planet.

 

ISIS or Daesh: This extremist movement, claiming an Islamic identity, emerged suddenly in the early part of 2014 as an occupying force in Iraq and Syria, proclaiming a new Sunni caliphate under its authority, and representing a sociopathic and sectarian response to the failed American occupation of Iraq. Initially welcomed by many Sunni Iraqis living in the northeastern parts of the country as liberation from Shiite abusive domination that resulted from American policies of debathification following the 2003 regime change in Baghdad, ISIS outraged the world by its televised beheadings of Western journalists, by its uprooting and slaughter of Shiite males belonging to the mainly Kurdish-speaking minority Yazidi community, and its alleged practice of turning Yazidi girls and women into sex slaves. Yazidis are considered an old religious sect that adheres to a pre-Muslim syncretist beliefs drawn from Zoroastrianism and ancient Mesopotamian religions, and drawing on other later religions as well. It would seem that the American-led response to ISIS is proceeding by way of yet another military intervention mainly in the form of air strikes. Although the political impact are yet to be clear, this does not a constructive path to restore peace and order.

 

Boko Harem: Another manifestation of sociopathetic extremist politics gained world attention in April by the kidnapping in Nigeria of some 200 schoolgirls who were later abused in various ways, including being sold into slavery. Boko Harem has controlled parts of northern Nigeria since 2009, and has continued to engaged in behavior that constitutes crimes against humanity, and a total disregard of the innocence of Nigerian children, repeatedly engaging in kidnappings and wholesale destruction of villages. As recently as December 18th, Boko Harem forces kidnapped at least 185 young men, women, and children from a village in northern Nigeria. Its political goals, to the extent evident, are to protect Muslims in the country and establish a strict version of sharia law for areas under their control.

 

Pakistani Taliban: The mid-December attack on Peshawar’s Army Public School by the Pakistani Taliban produced the massacre of an estimated 134 children and 14 others. The writer, Pervez Hoodbhoy, says that the Taliban, in ways that he believes parallel the ambitions of the Afghani Taliban, Boko Haram, and ISIS, are “fighting for a dream-to destroy Pakistan as a Muslim state and recreate it as an Islamic state.” The implication is a radical transformation from some kind of religious normalcy into a fearsome embodiment religious fanaticism.

 

Israel’s Military Operation ‘Protective Edge’ Against Gaza: For the third time in less than six years Israel launched a vicious attack against Gaza that continued for 51 days, with the resulting humanitarian crisis caused accentuated by imposing a punitive ceasefire that has hampered recovery. The entire viability of Gaza is at severe risk. The attacks, known by the IDF code name of Operation Protective Edge, produced heavy civilian casualties (over 2,100 Palestinians killed including 519 childen, about 11,000 wounded, and as many as 520, 000 displaced, many homeless; on the Israeli side 70 were killed, 65 of whom were IDF, and one child) including among children, and traumatized the entire population locked into Gaza, with no exit available even for women, children, and disabled seeking sanctuary from the attack.

 

Identified above are just a few highlights from this year’s catalogue of atrocities. It is also evident that there exists a pattern of numbed response around the world that amounts to a collective condition of ‘atrocity fatigue.’ Beyond this these incidents and developments illustrate the inability of many governments in Africa and the Middle East to exert effective sovereign control over their own territory, as well as the inability of the United Nations to protect peoples faced with threats underscoring their acute vulnerability. Account must also be taken of geopolitical priorities that accords attention to ISIS and Pakistan’s Taliban but much less to Boko Haram and none at all to Israel’s IDF. If there is any hope for effective responses it is a result of national and transnational activations of civil society that do their best to fill these normative black holes.

 

Climate Change and Nuclear Weapons

 

Without dwelling on these familiar issues threatening the future of the entire human species, it is worth noticing that little of a constructive nature took place during the year. A notable exception, which may make a difference, was the U.S./China agreement in November to regulate emissions and to cooperate in an effort to prevent the global buildup of greenhouse gasses. These two dominant states are responsible for almost 50% of this buildup, and suggest that geopolitical cooperation may produce more positive results than the dilatory movements of unwieldy UN mechanisms that involve the more than 190 states that make up its membership. On its surface the agreement was not impressive with the U.S. agreeing to cut emissions by 26-28% by 2025 and China agreeing to peak its emissions in 2030, and by meet its energy needs by relying for 20% on zero emissions sources, but the very fact of such an agreement was looked upon as ‘a game changer’ by some. I would be more skeptical, especially of the American side of the commitment, given the possibility that a Republican could become president in 2016, and might well ignore such an agreed target, especially if it is perceived as slowing economic growth. The UN Conference in Peru a month later ended up doing little more than issuing the Lima Call for Climate Action was one more disappointment. The bickering among states pursuing their distinct national interests was manifest and a resulting race to the bottom. It does not generate any confidence that the hope for a 2015 breakthrough in Paris will actually address climate change in a manner that heeds the warnings of climate scientists. Relying on voluntary guidelines so as to circumvent domestic debate, especially in the United States, is not an encourage feature of what is expected.

 

As for nuclear weapons, the less said the better. Obama’s Prague visionary statement in 2009 has been swept aside by the nuclear weapons establishment, not only in the United States, but in all the nuclear weapons states. And even the possibility of bringing a measure of stability to the Middle East by eliminating nuclear weapons from the region has been taboo because of Israeli sensitivities. Instead the United States is embarked upon an expensive program on its own to upgrade its arsenal of nuclear weaponry. There is no serious initiative evident within international society to move toward the one solution that has long been obvious and yet unattainable—phased and verified nuclear disarmament as a prelude to a wider demilitarization of the global security system.

 

What is at stake, above all, is whether the species as a species can manifest a collective will to survive in strong enough forms to meet these mounting unprecedented challenges of global scope. The species will to survive has never been seriously challenged previously, with all past survival collapses being of civilizational or sub-species scope. Humanity has been facing something new since the advent of nuclear weaponry, but has responded managerially rather than either with moral clarity or prudential wisdom.

 

Conclusion

 

Despite all, we can look to 2015 with some measure of hope, almost exclusively because there seems to be a slow awakening of civil society, at least in the domains of the BDS Campaign relating to Palestinian rights and in the form of the separate emergence of a transnational movement that takes global warming as seriously as the realities suggest. As for the future, we see, if at all, through a glass darkly, and thus have no excuse for refraining from a dedication to the struggle for global justice in its many shapes and forms. A posture of cynical hopelessness or despair worsens prospects for positive future developments, however empirically based such a negative assessment seems. All of us should recall that those who struggle for what seems ‘impossible’ today often turn out to be the heroes of tomorrow.

 

 

 

 

 

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Human Rights Award to Shireen Issawi

18 Dec

Alkarama Human Rights Award to Shireen Issawi

 

[Prefatory Note: in this post I am presenting in the following order remarks that I made via Skype video recording at the 6th Annual Alkarama Award for Human Rights at the Ecumenical Centre in Geneva, December 14, 2014, a letter written from an Israeli prison by the recipient of the award, Shireen Issawi, and a press release prepared by the Alkarama Foundation describing the full event, including notable presentation by Norman Finkelstein and Alfred de Zayas. The Alkarama website describes itself as follows: “Alkarama is a Swiss-based, independent human rights organisation established in 2004 to assist all those in the Arab World subjected to, or at risk of, extra-judicial executions, disappearances, torture and arbitrary detention. Acting as a bridge between individual victims in the Arab world and international human rights mechanisms, Alkarama works towards an Arab world where all individuals live free, in dignity and protected by the rule of law. In Arabic, Alkarama means dignity.”]

 

 

 

Remarks of Richard Falk

 

I wish that I could have been present to take part in honoring Shireen Issawi as a brave, resolute, and inspiring human rights defender who has dedicated her professional career as a lawyer to the long Palestinian national struggle for freedom, human rights, and self-determination. Even more, I wish that Ms. Issawi could be present to receive this award in person rather than sitting alone in her jail cell day after day, facing trumped up charges of resisting arrest when the real criminal offense was committed by the arresting officers in carrying out an abusive arrest in a manner calculated to invoke fear and trembling. We realize that the political situation in Palestine is perverted when the real criminals are administering the law while the truly innocent are sitting in the dock awaiting a punishment meted out by a biased judicial process. Shireen’s life story, that of the whole Issawi family, and indeed that of the Palestinian people as a whole, is an embodiment of this prolonged perversion of justice, and as we honor her on this day we also are seeking to remind the world that it is past time to end the Palestinian ordeal.

 

In my own experience as UN Special Rapporteur for Occupied Palestine in the period 2008-2014 I had my own slight taste of how the wheels of Israeli injustice grind on while most of the world averts its gaze. Arriving at Ben Gurion Airport in December 2008, with the intention of carrying out my mission of investigation in the West Bank, East Jerusalem, and Gaza, I was detained for several hours at the airport before being transferred to a nearby makeshift prison where I remained overnight, expelled the following morning. The whole experience was not longer than 20 hours, but being confined with five other prisoners in a small cell that smelled of urine, was over lit and filthy, gave me an unforgettable glimpse of Israel prison life. It should be kept in mind that in my case Israel as a member of the UN had a treaty obligation to cooperate with the Organization so as to facilitate its official undertakings. Quite revealing as to the limits of international law, was the failure of the UN even to protest Israel’s breach of its duties as a UN member or my treatment as someone attempting to carry out a UN mission. An Israeli government spokesperson lied to the media by saying that I had been warned not to come to Israel as I would be denied entry. Contrary to this contention, the truth is otherwise. When we submitted our proposed itinerary of visits in Occupied Palestine to the Israeli mission in Geneva there was no objection or warning, and in fact, Israel issued visas to my two assistants knowing that they would be accompanying me. What is again emblematic is that the mainstream media wrote about the incident on the basis of the lies told by the Israeli Foreign Ministry and lacked the journalistic decency to check with me, and at least hear my side of the story or allow me to respond myself. One reason why this Alkarama event is so important is as counter to Israeli lies and hasbara (the systematic slanting of world news to support Israel’s claims), a bit of witnessing about real happenings.

 

My UN job was to assess Israel’s human rights record in its role as an occupying power governed by international humanitarian law, and specifically, the Fourth Geneva Convention, which is the principal treaty instrument for regulating belligerent occupation. In its general applicability, Geneva IV prohibits harming all those subject to the authority of an occupying power that are uninvolved in active resistance. This refers especially to the civilian population, but also extends to those detained in prisons and even to the treatment of wounded soldiers. Above all, it obliges the occupier to maintain human rights in territories under its administration, to provide decent living conditions for the occupied population, and not to change underlying conditions in a manner that allows the occupied society to resume its normal existence when the occupier leaves. As I became familiar with Israel’s policies and practices, I became more and more convinced that neither the letter nor the spirit of the Geneva Convention was being observed by Israel, which is a legalistic way of informing the world that the daily life of every Palestinian was nightmarish in myriad ways.

 

Overall, rather than maintaining a temporary occupation, Israel from the outset fundamentally encroached upon the future prospects of the Palestinian people to realize their rights in two fundamental ways: first, by building and expanding settlements for as many as 650,000 settlers, then by constructing a network of settler only roads to link the settlement blocs with Israel, and by building an ugly separation wall that turned out to be a thinly disguised land grabbing exercise. These developments were each flagrant violations of Article 49(6) of Geneva IV and in defiant disregard of the authoritative 2004 Advisory Opinion of the International Court of Justice. Again the pattern observed is one of massive and severe Israeli violations of international humanitarian law and international human rights standards aggravated by a lack of political will within the UN or in international diplomacy to take any enforcement action designed to uphold Palestinian rights.

 

And secondly, by engaging in various forms of collective punishment of the Palestinian civilian population, thereby violating Article 33 of Geneva IV that unconditionally prohibits all forms of collective punishment. I will mention two of the most notorious practices, although there are many others that contribute to the ordeal of ordinary Palestinian lives, including closures, curfews, checkpoints, restrictions on mobility. The blockade imposed on the entire civilian population of Gaza since mid-2007 is a comprehensive and cruel form of collective punishment imposed by Israel as soon as Hamas assumed governing authority, which has been gravely intensified in its adverse effects by three major Israeli military onslaughts in the last six years against an essentially defenseless population, and exhibit the deliberate reliance by Israel on excessive and disproportionate force producing heavy one-sided casualties on defenseless Palestinians who have no place to hide and are denied an option to leave the combat zone, and thus are unable to exercise the default escape option of becoming refugees.

 

A second form of unlawful collective punishment involves house demolitions carried out against the family residence of those Israel convicted of security crimes. Due to an international uproar this practice was abandoned by Israel for ten years, but has been revived and applied in some recent cases, cruelly depriving a family of their dwelling place so as to allow the Israeli state to avenge an alleged crime of resistance committed by a Palestinian who is often no longer even alive.

 

In the background is an occupation that has gone on far too long, and in the process has become something other than a holding operation until agreed arrangements for withdrawal can be implemented. It should be recalled that Israel was instructed to withdraw from occupied Palestine in Security Council Resolution 242 unanimously adopted back in 1967, incorporating the international law principle that territory could not be acquired by a state through the use of force. Not only has a failure to implement this principle, but a contradictory process has taken place over the course of more than four decades, which has transformed ‘occupation’ into de facto ‘annexation’ and has distorted the IHL duty to protect an occupied people into an oppressive administrative structure of systematic discrimination, a clear instance of apartheid that is defined in the Rome Statute of the International Criminal Court as a distinct crime against humanity.

 

The Palestinian people have struggled over the years, and have experienced many frustrations and defeats. Their early hopes of being liberated by their Arab neighbors were dashed in a series of failed wars. Their expectations that UN resolutions supporting their basic claims would be implemented were consistently disappointed. The energetic PLO efforts after the 1967 to gain freedom by armed resistance came to nothing so far as a lasting solution is concerned. And in the most recent period, the false optimism associated with the 1993 Oslo Framework of Principles and the handshake on the White House lawn led to a growing disillusionment among Palestinians that such a diplomatic path would ever produce a just and sustainable peace.

 

With such an anguishing experience of frustration, disappointment, and defeat, it is not surprising that the Palestinians would seek other ways to achieve their rights. This search in recent years has centered on nonviolent militancy, involving various forms of non-cooperation at home and pressures brought to bear on Israel through a global solidarity movement. The roots of this turn to nonviolence can be traced to the first Intifada of 1987, a popular mobilization from below that expressed impatience with diplomacy from above and the tactics used by their own Palestinian PLO leadership. It is in the last decade that this turn to nonviolence has gathered momentum, official endorsement, and caught on internationally by way of the Palestinian led BDS Campaign and through various expressions of resistance to the occupation that has included ad hoc recourse to violence by individual Palestinians acting on their own seemingly in pursuit of some kind of remedial vengeance, having lost faith in any peaceful outcome and finding the daily ordeal of their situation unendurable.

 

One of the most vivid forms of nonviolent resistance is expressed by the hunger strikes of abused Palestinian prisoners in Israeli prisons, including the extraordinary strike of Samer Issawi, Shireen’s brother, who reportedly refused food for an incredible 266 days. As with other efforts of Palestine to achieve a just peace, this turn to nonviolence has fallen below the radar screen of mainstream Western media that remains ever vigilant in magnifying the occurrence of every terrorist incident while by and large ignoring Israeli state terrorism, which is far deadlier in its humanitarian impacts. By honoring Shireen Issawi we repudiate such indifference to nonviolent resistance and at the same time invoke our commitment to nonviolence as the path to peace based on rights and justice, and also on the inalienable equality of the two peoples. In the end, it is less significant to talk about one state or two than to encourage discussion of how might these two peoples live peaceably together in view of all that has happened, is happening.

 

Let me end with some words of Reem al-Nimer from her brave book Curse of the Achille Lauro: “..I was once an active member of the Palestinian resistance and the wife of a Palestinian commando..Both Arabs and Jews are human beings. Both are entitled to a dignified life. The time has come when this bloodshed must end. We all have lives..The end of occupation and the termination of hostilities means that Arabs and Jews will need to accept the idea of living alongside one another. We have done this before 1948, and we can do it again. This is the foundation. This is the basis of peace.”

 

 

 

Shireen Issawi’s letter from prison accepting the award

 

In the name of God the Merciful,

 

I thank you for having awarded me the Alkarama Award, which I would like to share with all human beings carrying the flag of justice to enlighten, by the light of freedom, the night of injustice, as well as with all people who have adopted the just Palestinian cause, participated in their own way to support the march of the Palestinian people towards freedom, and the cause of Palestinian detainees in the occupier’s prisons, especially those conducting a hunger strike.

 

I obviously share this Award with my brother, Samer Al Issawi, “Samer Dignity”, who led the battle for freedom with an empty stomach, through the longest hunger strike in the history of mankind, and who unified us to become a single hand and a single voice before the injustice of the occupation, through his just battle for his freedom and his right to live in dignity.

 

I share the prize with my father and my mother, who taught us, me and my brothers, the love of our homeland and of dignity to continue on the path of freedom. Thank goodness the Palestinian people are not alone; other people share this struggle with him — whether those seeking their freedom, or those carrying our voice throughout the world for a better future where we will live freely and in a dignified manner, and where love will reign without bloodshed.

 

Some believe that the Palestinian people are defeated because they lives under occupation. Such an assertion is far from the truth; the Palestinian people are one of the proudest people who breathe and they feed on the love of their homeland. They do not feel defeated, they are defending their right to freedom and dignity; on the contrary, however inhumane the occupation is with its ability to block, kill and destroy, we must sustain the strength and courage to continue until we achieve our freedom. And that’s why the free men and women of the world gather around the just cause of the Palestinians, and brought their flag of freedom to the world, becoming their voice in the face of injustice.

 

The combination of the efforts of the legitimate Palestinian resistance against the occupation, and of the supporters of justice and freedom has united us as human beings through the silent language of faith in a trinity of virtues, which gives strength to our people — that is, the trinity of dignity, freedom and hope.

 

Humanity is the interest that we bear for each other, and our defense of the oppressed. The sense of freedom and its value can be understood only by those whose hearts beat for dignity and whose eyes shine with the hope that the sun will rise despite the darkness of the night. Let’s preserve our unity and our humanity to live in a free world where people can live freely with dignity and hope.

 

Shireen Al Issawi

Hasharon Prison, Israel

 

6 November 2014

 

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16 December 2014 Item title

2014 Alkarama Award Honours Palestinian Lawyer’s Commitment to Non-Violence as the “Path to Peace”

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Geneva, 13 December 2014

On 11 December 2014, the Alkarama Foundation presented its 6th annual Award for Human Rights Defenders in the Arab world to Palestinian human rights lawyer and activist, Shireen Issawi, in recognition of her courage and bravery in defending Palestinian prisoners and advocating for their rights. The ceremony held at the Ecumenical Centre in Geneva focused on the Palestinian people’s strategy of non-violent resistance, a story largely under-reported in the mainstream media.

 

Speaking at the event were UN and international law experts, Richard Falk, Norman Finkelstein and Alfred de Zayas, as well as Palestinian Member of the Knesset, Haneen Zoabi, and Swiss political personalities, Ruth-Gaby Vermot-Mangold and Guy Mettan. In the absence of Shireen, arrested by the Israeli authorities on 6 March 2014 as part of a crackdown on lawyers defending Palestinian prisoners, the Award was presented to her parents, Layla and Tarek Issawi.

 

Opening the ceremony, Rachid Mesli, Alkarama‘s Legal Director said: “Thousands of Palestinians are arbitrarily detained by simple administrative decision, including numerous children. […] It is for denouncing these violations and having dedicated her life to justice and freedom for the Palestinian people that Shireen Issawi also finds herself in jail today, accused – like too many Arab activists in their respective countries – of supporting terrorism or terrorist organisations.”

“Shireen Issawi’s nonviolent resistance forms a link in the chain of a long, honourable tradition. It includes not only names familiar to all of us, such as Gandhi and Martin Luther King, but also, and more significantly, the nameless Palestinians who waged a heroic mass nonviolent struggle against the Israeli occupation during the first intifada, that began 27 years ago, on 9 December 1987,” said expert of the Israel-Palestinian conflict, Norman Finkelstein. “Shireen Issawi’s unbendable will in a righteous cause serves as a luminous example, not just for Palestinians, but also for everyone struggling to make the world a better place.”

 

“Shireen Issawi is a brave, resolute and inspiring human rights defender who has dedicated her professional career as a lawyer to the long Palestinian national struggle for freedom and self-determination,” added former UN Special Rapporteur on the Situation of Human Rights in the Palestinian territories occupied since 1967, Richard Falk. “By honouring Shireen Issawi we are expressing our commitment to nonviolence as the path to peace based on rights and justice, and on the equality of the two peoples. […] As we honour her, we are also seeking to remind the world that it is past time to end the ordeal of injustice inflicted on the Palestinian people as a whole.”

“Israel annexed the territory of East Jerusalem but not the Palestinians who were born and live there,” explained Haneen Zoabi, recently banned from all parliamentary activity for six months for having suggested that the Palestinian resistance was a legitimate struggle. “One third of the city’s residents are people without citizenship. They live in a country that views their territory as its own but does not view them as part of it.”

 

“In 1989, after the fall of the Berlin wall, we said ‘never again’ walls that separate peoples. Now there are walls everywhere, walls that not only separate two peoples and two cultures, but also make the building of a lasting peace impossible,” continued former member of the Swiss Parliament and the Council of Europe, Ruth-Gaby Vermot-Mangold. In a moving speech, she recalled the many instances where the international community had said “never more” such as after the Shoah, which had led to the adoption of an international human rights system – a system which no one should ever take for granted. “[In Switzerland] we are free; but it is from you [Shireen] that we learn how important it is to fight for the protection of human rights.”

 

In a letter written from her solitary cell on 6 November and read by her mother, Layla Issawi at the Alkarama Award ceremony, Shireen stated: “Some believe that the Palestinian people are defeated because they live under the occupation. Their hypothesis is far from the truth. Those who defend their inalienable right to freedom and dignity are not defeated. On the contrary, however inhumane the occupation and its ability to arrest, kill and destroy are, these men must have the strength and courage to continue until they get their freedom.” Thanking “all the free men around the world gathered around the just cause of the Palestinians,” Shireen pleaded for “a world in which people can live free, with dignity and hope.”

Speaking on behalf of his daughter, Tarek Issawi echoed his daughter’s words: “We, in Palestine, defend the dignity of our people, despite the injustice imposed on us by the colonisation. We are certain that our struggle is just, and thank all the free people of this world for their continuous support.”

 

Closing the ceremony, the UN Independent Expert on the Promotion of a democratic and international order, Alfred-Maurice de Zayas praised Shireen and her family’s “courage and perseverance” and emphasized the essential right of the Palestinian people to self-determination: “All international law experts have recognised the right to self-determination, a binding right, enshrined in the UN Charter, in Article 1 of the International Covenant on Civil and Political Rights, and in Article 1 of the International Covenant on Economic, Social and Cultural Rights. The UN General Assembly has recognised the Palestinian people’s right to self-determination and this repeatedly. Alas, for the past 67 years, you have suffered expulsion, occupation, humiliation and injustice. But you have kept your honour, your identity and your will to live. Men and women of good will wish you a free and independent State where you will finally be able to exercise your rights and join all the other nations of the world in international solidarity. I hope you get justice and peace in a near future. You deserve it.”

 

The ceremony attracted over a hundred people at the Ecumenical Centre in Geneva and watched by a further 150 people on Alkarama’s live webcast.

 

For more information on the award, please click here: http://bit.ly/1r46pdh

Or watch this 12min documentary here: http://bit.ly/16oeBgk

You can also watch the whole ceremony on the following link: http://youtu.be/wLKqde508L8

For photos, quotes or an interview with any of the speakers, please contact:

– Colombe Vergès, Media Coordinator on c.verges@alkarama.org / +41 79 129 79 15

– Hassan Nouhaili, Arabic Media Editor on h.nouhaili@alkarama.org / +41 22 734 10 06

 

 

 

 

 

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The Dead End of Post-Oslo Diplomacy: What Next?

15 Dec

(Prefatory Note: A much modified version of this post was published in AlJazeera America, Dec. 13, 2014)

The Latest Diplomatic Gambit

 

There are reports that the Palestinian Authority will seek a vote in the Security Council on a resolution mandating Israel’s military withdrawal from Occupied Palestine no later than November 2016. Such a resolution has been condemned by the Israeli Prime Minister as bringing ‘terrorism’ to the outskirts of Tel Aviv, and this will never be allowed to happen. The United States is, as usual, maneuvering in such a way as to avoid seeming an outlier by vetoing such a resolution, even if it has less stringent language, and asks the PA to postpone the vote until after the Israeli elections scheduled for March 17, 2015. Supposedly, the delay is justified so that Netanyahu, seen as an obstacle by the American White House, would not be strengthened by any display of adverse pressure on Israel coming from outside, especially from the UN.

 

Embedded in this initiative are various diversionary moves to put the dying Oslo Approach (direct negotiations between Israel and the PA, with the U.S. as the intermediary). The French are promoting a resolution that includes a revival of these currently defunct negotiations, with a mandated goal of achieving a permanent peace within a period of two years based on the establishment of a Palestinian state, immediate full membership of Palestine in the UN, and language objecting to settlement activity as an obstruction to peace. Overall, European governments are exerting pressure to resume direct negotiations, exhibiting their concern about a deteriorating situation on the ground along with a growing hostility to Israeli behavior that has reached new heights since the merciless 51-day onslaught mounted by Israel against Gaza last summer. This seems to me to be ‘a politics of gesture’ as there is no indication of why resumed negotiations would enjoy any better prospect of success than the several past failed efforts, and would only give Israel additional time to move toward its increasingly obvious end game of imposed unilateralism.

 

A Post-Oslo Meditation

 

 

The horrendous events of the last several months in Jerusalem and Gaza have exhibited both the depths of enmity and tension between Jews and Palestinians and the utter irrelevance of American-led diplomacy as the path to a sustainable peace. This is not a time for people of good will, the UN, and governments to turn their backs on what seems on its surface either irreconcilable or on the verge of an Israeli victory. The challenge for all is to consider anew how these two peoples can manage to live together within the space of historic Palestine. We need fresh thinking that gets away from the sterile binary of one state/two states, and dares to ponder the future with fresh eyes that accept the guidance of a rights based approach shaped by international law. Israel will resist such an approach as long as it can, understanding that it has gained the upper hand by relying on its military prowess and realizing that if international law was allowed to play a role in demarcating the contours of a fair solution it would lose out on such crucial issues as borders, refugees, Jerusalem, settlements, and water.

 

A necessary step toward a sustainable peace is to overcome Washington’s blinkered conception of the conflict. There is no better sign that the Israel-Palestine peace process over which the United States has long presided is unraveling than the absurd brouhaha that followed the magazine article written by Jeffrey Goldberg in The Atlantic [“The Crisis in U.S.-Israel Relations is Officially Here,” Oct. 28, 2014] that referenced an unnamed senior White House official who called the Israeli Prime Minister, Benjamin Netanyahu, ‘chickenshit’ because of his obstinate refusal to take risks for ‘peace.’ Supposedly, this refusal put Washington’s dogged adherence to the Oslo Approach of direct negotiations under American diplomatic supervision beneath a darkening sky, but since there is no alternative way to maintain the U.S. central role in the interaction between the governing elites of the two parties, there is an eyes closed resolve to keep the worse than futile process on ‘life support.’ It is worse than futile because Israeli land grabbing on the West Bank in relation to the settlements, the settler only roads, and the separation wall continuously deteriorate Palestinian territorial prospects.

 

The collapse of the Kerry talks between Israel and the Palestinian Authority in April were unquestionably a negative watershed for the Obama presidency so far as its insistence that the Oslo Approach was the only viable roadmap that could resolve the conflict. Ever since the Oslo Declaration of Principles was sanctified by the infamous Rabin-Arafat handshake on the White House lawn in 1993, the U.S. Government has contended that only this diplomatic framework can end the conflict, and to this day it objects to any moves by governments to take steps on their own. [During the presidency of George W. Bush there was an interval during which ‘the roadmap’ was adopted as an elaboration of the Oslo approach in which a commitment to the idea of an independent Palestinian state was explicitly confirmed by Bush in a speech on June 24, 2002, and then formalized in a proposal made public on April 30, 2003; in this same period ‘the quartet’ was created at a Madrid Conference in 2002 that seemed to broaden diplomatic participation by adding the Russia, the EU, and the UN to the U.S., but in fact the quartet has been completely marginalized for the past decade] The Oslo Approach consists of direct negotiations between the parties and designated the United States, despite its undisguised partisan role, as the exclusive and permanent intermediary and go between. Without the slightest deference to Palestinian sensitivities, U.S. presidents have appointed as special envoys to these negotiations only officials with AIPAC credentials such as Dennis Ross and Martin Indyk, and have proceeded as if their blatant partisanship was not a problem. Evidently Israel would have it no other way, and the Palestinian Authority has meekly gone along either out of weakness or naiveté.

 

Not only was the Oslo framework itself flawed because it leaned so far to one side, but it was an unseemly tacit assumption of the process that the Palestinians would be willing to carry on negotiations without reserving a right to complain about the relevance of ongoing Israeli violations of international law, most conspicuously the continued unlawful settlement activity. When on several occasions the Palestinians complained that this settlement activity was incompatible with good faith negotiations, they were immediately slapped down, informed that such objections interfered with the peace process, and that issues pertaining to the settlements would be deferred until the ‘final status’ stage of the negotiations. The Palestinians were assured that these issues would be addressed at the very end of the peace process after the main elements of a solution had been agreed upon. This was very detrimental to Palestine’s bargaining position as their only advantage in relation to Israel was to have international law in their favor in relation to most of the outstanding issues. Besides to allow Israel to continue with settlement expansion, rather than freezing the status quo, was obviously disadvantageous to Palestine. If legal objections were excluded it is not surprising that diplomatic bargaining would tend to reflect ‘facts on the ground,’ which were completely in Israel’s favor, and would continue to accumulate month by month. Despite this, Israel at no point seemed responsive to proposals for accommodation in accordance with the stated objective of establishing an independent sovereign Palestinian state.

 

After more than 20 years of futility Washington’s continuing public stand that only by way of the Oslo Approach will a solution be found is beginning to fall on deaf ears, and new directions of approach are beginning to be articulated. Israel itself is moving ineluctably toward a unilaterally imposed one-state solution that incorporates the West Bank in whole or in large part. It has recently seized 1000 acres of strategically placed land to facilitate the largest spatial enlargement of a settlement since the early 1990s and it has given approval for 2,600 additional housing units to be built in various West Bank and East Jerusalem settlements that already have more 650,000 settlers. In addition, the current Israeli president, Reuven Rivlin, elected by the Knesset a few months ago is an avowed advocate of the maximalist version of the Zionist project involving the extension of Israel’s borders to encompass the whole of Palestine as delimited in the British mandate. Rivlin couples this rejection of any Palestinian right of self-determination with proposals for equality of treatment for both peoples within this enlarged Israel, offering the Palestinians human rights, the rule of law, and unrestricted economic and political opportunity within Israel in exchange for renouncing their political ambitions for either a state of their own or a power-sharing arrangement on the basis of equality with Israel. There is no prospect that the Palestinian people, or even their compromised leaders, would accept such a Faustian Bargain.

 

The Palestinians have their own version of a unilateral solution, although it is far more modest, and seems more fantasy than political project. It is essentially establishing a state of their own within 1967 borders, taking an ambiguous posture toward the settlement blocs and even East Jerusalem, and relying on political pressures to coerce an Israeli withdrawal. Such a state claims 22% or less of historic Palestine, and includes the somewhat confusing contention that Palestine is already a state in the eyes of the international community, having been recognized as such by 134 states and in a resolution of the General Assembly on 29 November 2012. It is currently reinforcing this position with this draft resolution that Jordan will submit on its behalf at some point to the Security Council proposing a resumed period of direct negotiations for a further nine months (accompanied by a freeze on settlement construction), followed by Israel’s mandatory withdrawal from the West Bank. On balance, this Palestinian approach seems ill-considered for a number of reasons. It appears to reduce the parameters of the conflict to the occupation of the West Bank, and leaves to one side the fate of Gaza and East Jerusalem, as well as what is to happen to the several million Palestinians living in refugee camps in neighboring countries or in exile. It also overlooks the structure of discrimination embedded in Israeli nationality laws that reduces the 20% Palestinian minority in Israel to a second class status in the self-proclaimed Jewish state.

 

Among the problems with these reactions to the breakdown of Oslo are the contradictory expectations. What the Netanyahu unilateralism is seeking is utterly inconsistent with any kind of viable Palestinian state constructed within the 1967 borders, and those opposition forces to his right are seeking an even more defiant unilateralism. Equally, what the Palestinian Authority is proposing would seem to require the elimination of most Israeli settlements, the dismantling of the security wall, and the abandonment of the Israeli-only network of roads, while ignoring those Palestinian grievances not directly associated with territorial issues. Each of these versions of a post-Oslo solution is doomed to failure as it proceeds as if the behavior of others need not be taken into account. The Israeli failure to do this is far more unacceptable as its claims are far more excessive than those of the Palestinians, which is really just a matter of wishing away the pattern of Israel’s unlawful encroachment on what is a minimalist Palestinian vision of a solution that it and the UN had long ago accepted in Security Council Resolution 242.

 

There is an evident unfortunate reluctance on the part of all sides to let go of the two-state conception of a solution. It is what Washington and even Tel Aviv and Ramallah continue to say they seek, although Netanyahu has been telling Israeli audiences that after its experience with Hamas rockets last July and August, it will never agree to allow the emergence of a neighboring Palestinian state in the West Bank that would bring Palestinian threats much closer to the Israeli heartland. Ever since the 1988 decision of the Palestinian National Council, the PLO has agreed to a solution framed in relation to a state within of its own within the 1967 borders, and even Hamas has signed on since 2006 to the extent of accepting a 50 year plan for peaceful coexistence with Israel providing it ends the occupation of Palestinian territories, and lifts the Gaza blockade. These are big concessions from the Palestinian side considering that the UN Partition Plan of 1947 awarded 45% of historic Palestine to the Palestinians and proposed the internationalization of the entire city of Jerusalem. The 2002 Arab Peace Initiative is built along the same lines as the PLO proposal, and includes a commitment to establish full diplomatic and economic relations with Israel on the part of the entire Islamic world. This proposal of the Arab League by a 56-0 vote of the Islamic Conference, with only Iran abstaining, and a year ago as a result of American pressure was modified to make it even more appealing to Israel by its acknowledgement of Israeli security concerns.

 

Most recently, a letter to Netanyahu by 106 high ranking retired Israeli military and security officials strongly urged this same two-state solution, implicitly condemning Israeli unilateralism and Zionist maximalism as leading to a future for Israel of periodic warfare of the sort that occurred this past summer in Gaza. These members of the Israeli security establishment argue that these expansionist policies are weakening security for the entire Israeli population. The letter emphasized Israel’s moral decline associated with keeping millions of Palestinians under prolonged occupation, which they argue is unnecessary from the perspective of security. Again there is a lack of clarity about whether such encouragement assumes that the settlements can be retained, the rights of Palestinian refugees can be ignored, and Jerusalem can be kept under unified Israel control. But what the initiative does express is this emergent consensus that Oslo style negotiations have consistently failed and something else must be tried. The letter appears to propose a unilateral partial withdrawal described as “an alternative option for resolving the conflict not based solely on bilateral negotiations with the Palestinians, which have failed time and again.”

 

Europe has also, at last, exhibited a limited unwillingness to accept any longer the Oslo Approach that keeps the United States alone in the driver’s seat. I interpret the recent Swedish recognition of Palestinian statehood, the House of Commons vote urging that the British government take a similar move, as well as similar moves by several other European countries as expressing both a loss of confidence in the Oslo Approach and a criticism of the manner in which Israel and the United States have dealt with the conflict. This is a desirable development in these respects, but it is coupled with some regressive features. Such initiatives are coupled with renewed faith in the two-state approach as the only solution, and call with a sense of urgency for a renewal of negotiations without giving the slightest indication as to why a further round of talks would yield any different results than past attempts. Such a prognosis seems more true at present than in the past given Israel’s moves toward a unilateral solution, which Netanyahu somewhat disguises so as not to affront the United States and Europe. It should be obvious to all who wish to look that Israel has created irreversible conditions that have all but ruled out the establishment of a viable Palestinian sovereign state.

 

The Way Forward

 

The expected controversy surrounding the PA initiative in the Security Council is a sideshow without any serious consequences however it is resolved. There needs to be a clear recognition by the PA that direct negotiations are pointless under present conditions, and a general understanding that unless Israel changes behavior and outlook there is no hope to resolve the conflict by a reliance on diplomacy. This will make recourse to nonviolent militancy via BDS, and such other tactics as blocking the unloading of Israeli cargo vessels, the best option for those seeking a just peace. [“Protesters Block Israel-Owned Ship from Unloading Cargo at Port of Oakland,” CBS St Bay Area, Aug. 18, 2014]

 

I believe the Oslo Approach is discredited, and of no present interest to the political leadership in Israel, which plays along with Washington by not openly repudiating direct negotiations. The European governments that have shown some initiative by advocating recognition of Palestine should be encouraged to take the further step of rejecting calls for resumed negotiations unless Israel demonstrates its sincerity by freezing settlement activity and affirming its readiness to withdraw to 1967 borders.

 

The best, and in my view, only realistic hope is to forget traditional interstate diplomacy for the present, and understand that the Palestinian future depends on a robust mobilization of global civil society in solidarity with the Palestinian national movement. The current BDS campaign is gaining momentum by the day, and is coupled with a sense that its political program is more in keeping with the wishes of the Palestinian people than are the proposals put forth by the formal representations of either the Palestinian Authority or Hamas. When neither governmental diplomacy nor the UN can produce a satisfactory solution to a conflict that has caused decades of suffering and dispossession, it is past time to endorse a people-oriented approach. This is the kind of populist politics that helped end apartheid in South Africa and win many anti-colonial struggles. We have reached a stage in global history in which it is people, not weapons nor international institutions, that have the resilience and patience to win the legitimacy struggle involving law and morality, and on such a basis eventually prevail in the political struggle despite being inferior militarily.

 

The challenge of living together on the basis of equality seems to be the only template that offers the parties a vision of sustainable peace. Concretely, this would seem to require Israel to all ethnocratic claims that Israel is a Jewish state as distinct from being a Jewish homeland. Israel’s leaders would also have to renounce the present unrestricted right of return for Jews throughout the world or create some equivalent right of return for the Palestinians, and possibly for the Druse minority. How such a conception of a sustainable peace is given concrete form is necessarily a subject for diplomacy by suitable representative of both sides and carried on under neutral auspices and by authentic representatives of the two peoples. We cannot foretell how much further suffering and bloodshed will occur before this kind of vision, seemingly a remote prospect at present, can be converted into a practical project, but do know that nothing that falls short of this deserves to be considered ‘a solution’ given the realities of the situation.

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