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Richard Falk, Foreword to Haidar Eid, Banging on the Walls of the Tank: Dispatches from Gaza

16 May

[Prefatory Note: The post below is the text of foreword to a very special book on the Palestinian Ordeal, written in the form of short pieces from 2009 to the present. Banging on the Walls of the Tank, is especially illuminating by its portrayal of the contrast between the Israeli oppressive occupation before October 7 and after. It underscores a contrast between the earlier Israeli approach as ‘incremental genocide’ as opposed to ‘accelerated’ genocide after the Hamas attack. Copies of this book may be ordered from Amazon, and other booksellers. Eid is in the best traditions of journalism, scholarship, and engaged citizenship].

The Political Is Inevitably Personal

I have read many discerning and moving books on Palestine over the last fifty years but none has spoken to me as forcefully and persuasively as this short volume of opinion pieces written by Haidar Eid from 2009 to the present. The prophetic insight of these dispatches and their cumulative impact offer readers a vivid Palestinian narrative of tragic suffering and the heroic resistance of the Gazan population to Israel’s occupation, settler colonialism, apartheid, and genocide, as well as a pervasive Israeli reliance on collective punishment of Palestinians. 

Banging on the Walls of the Tank, a reliable interpretation not filtered and distorted by Western mainstream media,should be read by all those in the West who seek to understand the bitter realities of the Israel/Palestine struggle. Almost every page is enlivened by the author’s uncannily memorable formulations of the true and awful nature of the Palestinian plight, which was desperate long before the horrifying real-time genocide that has unfolded in the form of daily atrocity spectacles ever since October 7. In his readable style and with the skill of a trustworthy storyteller, Eid offers insights rooted in his direct experiences as a Gaza refugee, expositor of Palestinian steadfastness, resistance activist, witness, and survivor.

Contextualizing October 7

These dispatches, written since 2009 in response to the evolving bloody tactics and criminality of the Israeli occupation, are both an anticipation of the October 7 attack and a condemnation of the Israeli genocidal response. An aspect of the originality and significance of Eid’s presentation is ti convincingly demonstrate that Israel has harbored an apartheid ideology and practice from the time of its birth. This is long before the most influential human rights organizations (including Human Rights Watch and Amnesty International) dared issue reports, as they did in 2021, that fully documented the allegations that Israel was systematically applying apartheid policies and practices to administer the occupation. Israel also relied upon discriminatory internal regulatory laws to subjugate all Palestinians who were directly subject to Israeli sovereignty, including those living in post-1948 Israel as citizens. These domestic laws were supplemented by exclusionary nationality laws and practices relied upon by Israel to deny Palestinian refugees a right of return as bestowed by international law and confirmed by the United Nations General Assembly (UNGA) Resolution 194 (11 Dec 1948) while at the same time granting birthright Jews an unlimited rights of return no matter whether they had any link to Israel or not.

Eid’s dissent from pro-Israeli orthodoxy in Europe and North America extends to his important assessment that Israel’s supposed “disengagement” from Gaza in 2005 was deceptively presented to the world as a move toward peace. What was not told was that this Israeli unilateral initiative was coupled with Israeli administered border control that effectively imprisoned 2.3 million Gazans in their own homeland. Such confinement was later cruelly reinforced by a punitive siege that converted Gaza into what became known as the world’s largest ever concentration camp. The impact over time of these oppressive conditions are characterized by Eid, borrowing from historian Ilan Pappe,[1] as “incremental genocide.” This importantly demarcates the “before” and “after” of October 7 as one of continuity rather than as totally discontinuous, coming out of the blue, as Israel, followed by the West, desperately wants us to believe up to this day. It is obvious that Israel devoted much attention to decontextualizing October 7 to avoid the implications of the pre-October 7 realities of apartheid and incremental genocide so persuasively delineated by Eid being taken into account when evaluating the Hamas attack.

Eid is writing as a victim/survivor/activist as well as a journalist/intellectual of the before and after of the Gaza ordeal. For him, the sixteen months of direct, undisguised genocide that has preoccupied the world to an unprecedented degree was nothing fundamentally new but rather an intensification of what Gazans had been experiencing ever since 1967 in more attenuated forms. There is no doubt that incremental genocide would be virtually impossible to establish in a court of law as a distinct crime because of the difficulty of proving genocidal intent as compared to criminalizing what followed after October 7 as a violation of the Genocide Convention. The numerous undisguised assertions by Israel’s top leaders easily met the rigorous legal standards of genocidal intent insisted upon by objective jurists. These words of genocidal incitement were combined with the crude, often sadistic, Israeli Defense Forces combat tactics relied upon to bring its helpless Palestinian adversary agonizingly close to the brink of extinction.

The Israeli discourse on October 7 also points its finger at Hamas, seeking its complete delegitimation by treating its attack as pure “terrorism,” justifying an exterminist response, and relieving Israel of pressure to obey the laws of war in its response. Eid challenges this Israeli rationalization by regarding the attack as both a justifiable and a legitimate form of resistance, especially in view of the context, which includes the Netanyahu performance at the UNGA a few weeks earlier during which he displayed a map with no Palestinian entity, an erasure of Palestine alongside the presumed establishment of Greater Israel. By taking these factors into account, Eid produces a revisionist view of October 7 that is more realistic and reflective of the values at stake.

There is a deeper significance to the way Eid establishes the context accounting for October 7. His approach is a necessary antidote to the Western hegemonic discourse, which denounced any assertion that the Palestinian attack was justifiable resistance to the provocative criminality of apartheid, several terrifying militarily inflicted massacres, and sixteen years of a cruelly punitive blockade whose constraints on imports could not be plausibly justified as a security measure while guaranteeing the misery of Palestinian lives in Gaza. Eid’s book should be read as a corrective to the disgraceful performance of a mainstream media in the West that excluded all considerations of context from its evaluation of the events of October 7 and declared justificatory acceptance of Israel’s claimed entitlement to act in self-defence, echoing its coverup of overt recourse to genocide as nothing other than a necessary “security operation.” This is a deliberate attempt to banish the word “genocide” from use in Western public discourse and mainstream media when reporting on Israel’s totally dominant military capabilities in executing its indiscriminate rampage against the completely helpless civilian population of Gaza. Despite this effort to restore the discipline of pro-Israeli discourse, describing the Israeli violence as “genocide” has been gradually normalized in many societal and media venues, but not yet all.

Failures of Implementation: International Law and Universal Moral Standards

This linkage between what daily occurs on the ground in Gaza and the broader issues of toxic dysfunction that have long poisoned the Palestinian experience exposes the willful impotence of what Eid generously terms the “international community,” as if there was one.  It is intolerable for Eid that outsiders, whether governments, international institutions, media, or even individuals, remain spectators, or worse, render aid and comfort to the perpetrators and their accomplices in carrying out this “crime of crimes.”  Along the way, Eid acknowledges that the Nazi Holocaust against Jews was similarly internationally tolerated, especially by the Western liberal democracies that have, since 1945, alleviated their guilt at the expense of the Palestinians, who pay for moral shortcomings for which they had no responsibility. Two massive wrongs never make things right; rather, as the poet Auden teaches, “those to whom evil is done / do evil in return.”[2]

Israel’s official occupation policy after 1967 stressed putting the people of Gaza “on a diet,” with just enough food to avoid death by starvation but not enough to enable nutritional health. Eid emphasizes the long denial of the right of return enjoyed by refugees after 1948 as affirmed in the UNGA Resolution 194. Any process of satisfying the requirements of international law would also necessitate the dismantling of the apartheid regime of control and ethno-religious claims of a Jewish supremist state.

Eid’s Vision and Its Enemies

As Eid articulates his vision of a benevolent future for the Palestinian people, he sets forth its simple but far-reaching governance implications: A single secular state for both peoples from the river to the sea with equal rights for all resident ethnicities. For Eid, this is the one and only solution, an indirect repudiation of the two-state delusion as well as his complete rejection of an Israeli one-state apartheid Greater Israel.

Eid does far more than relate the horrors of incremental genocide. He condemns not only the Israeli perpetrators but severely incriminates their complicit supporters who supplied weaponry and funding that sustains the mighty military capabilities of Israel and give diplomatic credence to it is flagrant defiance of international law. This is more than critique, it is also a rejection of the only pathway Eid envisions as leading to peace with justice for the Palestinians, and even Jews. Such a solution, which will strike many jaded souls as “utopian” or both unattainable and unacceptable, rests on the simple major premise of fulfilling Palestinian rights under international law. In the Palestinian case, this means, among other policy alterations, lifting the draconian blockade of Gaza that has made the daily existence of inhabitants of Gaza (two-thirds of whom are refugees) a life of misery, one deliberately “engineered” by Israeli tacticians who “mow the lawn,” a term officials in Tel Aviv use to refer to Israel’s massive military attacks that are properly undertaken whenever Gaza seems to pose security threats by the vitality of its resistance activism, regardless of whether by armed struggle or nonviolent civil action.

Eid’s dispatches are written with the passion and experience of someone who has lived as a refugee since 1964, when he was born in Gaza. His parents lived in the Nuseirat Refugee Camp after they were forced, in 1948, to leave their home in the Palestinian village of Zarnouga. As the decades passed, they never gave up their expectation on one day returning to Zarnouga, even knowing it had been demolished. As they faced death, Eid’s parents last wish was that at least their bodies could be returned to their village for burial; a wish that was denied; a wish that, even if granted, would be far from fulfilling the kind of return envisioned by international law.

That he grew up in a refugee household helps explain Eid’s preoccupation with the exercise of the right of return of the five or six million Palestinians living as refugees as a necessary feature of any sustainable and acceptable peace process. And as such, it undoubtedly informs why he shows such contempt for the Oslo diplomacy initiated in 1993, a diplomacy that totally ignored, and implicitly rejected, this basic right embodied in international law. On other grounds, as well, Oslo justifiably reinforced his rejection of a Palestinian leadership that failed to insist on affirming the Palestinian entitlement to the most fundamental of human rights in the post-colonial era, the inalienable right of self-determination possessed by all peoples and claimed on behalf of every nation on the planet. Eid adopts a cynical view of the Palestinian Liberation Organization, which, by accepting the Oslo framework, sacrificed the future of Palestine for a seat at the far end of the negotiating table and the dubious ‘reward’ of a photo op on the White House lawn; the photo was used by the West to show the world the much celebrated, but deeply misleading Arafat/Rabin handshake as a historic reconciliation that was never to be implenmented . What followed the publicized initiation of Oslo diplomacy was, at best, a charade that dragged on long enough for Israel to expand its settler population to a politically irreversible level. Throughout, Israel has benefited from a ‘peace process’ that was never about peace, and which while running its course seriously harmed the Palestinians. The supervision of the negotiations by the overtly partisan US government should never have been accepted by the designated representatives of the Palestinian people who defied reason by not insisting on neutral auspices. As Rashid Khalidi, among others, have shown, the United States never even pretended to be an honest broker of the Oslo Process, but made no secret of situating itself in Israel’s corner.[3]

Eid’s perspective is formed by a blend of his multiple identities as victim, witness, survivor, activist, humanist, writer and journalist, university teacher, and public intellectual. This rare combination of experience and commitment contributes to making Eid an exemplary interpreter of the ongoing Palestinian ordeal. He is decidedly not a neutral observer; he is an undisguised and fully engaged “honest partisan” who develops a compelling Palestinian account of why the Palestinian ordeal came about and was allowed to happen. While his observations are avowedly one-sided, this lack of balance, oddly, provides a more objective approach because it is congruent with the realities of Gaza if tested by the evidence, regulative norms of law and morality, and proclaimed values at stake. As such, it presents readers with a happy contrast to the brainwashing pretensions of such influential media platforms as the New York Times or The Economist, which claim balance but, when it comes to reporting on Israel/Palestine, are more accurately perceived as sophisticated instruments of state propaganda.

Even without the benefit of being confronted by the pre-October 7 historical, legal, and ethical context, public protest began to mount, including in the centers of Israeli support in North America and Western Europe, as Israel continued the genocide unabated, refusing to heed growing public calls for ceasefires and constraint. Pro-Palestinian protests erupted on many university campuses but were quickly countered by Israeli donor leverage and governmental pressures, especially in the US. With the advent of Trump in 2025, pro-Palestinian activism on campuses and elsewhere faced renewed challenges, and not only in the US but also throughout Europe, reflecting a political swing to the ultraright.

Valuing and Learning from the Eid Perspective

What also makes Eid’s commentary exceptional is the authenticity of his voice, shaped by his intense experiences since his birth in 1964. His work is further informed by channeling the wisdom of profound and enraged Palestinian cultural icons, referencing the insights of Ghassan Kanafani, Mahmoud Darwish, and Edward Said, as well as making good use of anti-colonial writings drawn from authors in the Global South. It should be instructive for all readers that Eid derives his inspirational political guidance from these cultural sources rather than from the Palestinian political leaders that he holds co-responsible for misleading their own people in various self-destructive ways. Eid is appalled by the willingness of the Palestinian leaders anointed by the West to accept what he calls “bread crumbs” rather than insisting on liberation and basic rights as conferred by international law; law that is never acknowledged by Israel or enforced by either the UN or responsible geopolitical statecraft as ineptly overseen by the United States since the end of the Cold War that tended to favor geopolitical and strategic interests to legal, moral, and even prudent restraint. The most tainted bread crumb, in Eid’s reflections, is the idea of the acceptance of a permanently demilitarized Palestinian statehood on 22 percent of historic Palestine, especially considering that, in 1947, Palestinians rejected the dubious UN partition resolution that split the country – but at least awarded Palestinian with 45 percent of the land.

Eid is deeply influenced by the successful, analogous struggle against the hegemonic racism and settler colonialism of apartheid South Africa. He believes that the lessons of this earlier struggle can be adapted and applied to Palestinian circumstances, embracing the famous dictum, often attributed to Italian philosopher Antonio Gramsci, “pessimism of the intellect, optimism of the will,” which distinguishes the rational understanding of political injustices from an emotional reassurance that a just outcome will emerge from the struggle of the Palestinian people. In addressing this tension from my outlook, my rational self is less confident than Eid about the sufficiency of the South African model of liberation. I believe that Palestinian liberation will remain impossible unless it overcomes the primacy of adverse geopolitics (shaped by strategic interests rather than by a willingness to respect the rule of law and universally affirmed moral notms). These currently unregulated forces empower the Islamophobic complicity of the white West and are currently aligned with the Zionist networks in the West that have exerted an unhealthy influence over policy formation at national, regional, and global levels.

Giving equal attention to matters of political will, I am also encouraged by anti-colonial success stories. This reading of the recent historical record echoes Eid’s interpretations and, before him, Said’s. Both thinkers deeply theorized a belief that the side that controls “the high moral ground” in the end prevails politically over the side that dominates the battlefield due to its military superiority. In my terminology, and in keeping with Eid’s assessments, Palestine is winning this Legitimacy War and is on its way to an emancipatory future, although with much suffering and devastation on the road to such a political outcome. This guardedly hopeful outlook assumes Palestinian perseverance for as long as it takes, which Israel is ceaselessly working to undermine and weaken by its recourse to the most extreme methods of violence in the combat zones and to dirty tricks overseas, including “weaponizing antisemitism” as a policy tool of combat.

In Conclusion

The title of Eid’s book, borrowed from a poignant line in Kanafani’s novel Men in the Sun, would strike most international readers as enigmatic and obscure. Eid informs us that these words have become a popular slogan of Palestinian resistance fighters, conveying the vital message, “If you want to live, make noise”; that is, resist, but if ready to die in body or spirit, stay quiet. Such is Eid’s fighting spirit. His noise is a challenge to all everywhere to act on behalf of the Palestinian struggle within our respective spaces before it is too late. And as a fitting indictment, Eid’s last words in the epilogue again echo those of Kanafani: “Gazans have been banging on the walls of the Gaza concentration camp since 1948,” and still nothing happens by way of rescue, much less liberation. Silence almost everywhere, especially shameful among Arab regimes neighbouring besieged Gaza is reinforced by the timidities of the Arab League.

For Eid, Arab silence is not broken by uttering words of condemnation unless accompanied by coercive actions. In this sense, Eid’s own journey has led him and his family to take refuge in South Africa in recent months, the country that has acted more substantively than any other against Israel since October 7E by submitting a graphic complaint to the International Court of Justice (ICJ) alleging Israeli violations of the Genocide Convention. Unsurprisingly, Eid in exile insists that Palestinian liberation must take the form of a single secular constitutional and democratic state with recognized borders encompassing the whole of mandate Palestine. This affirmation is coupled with a total rejection of the dangerous fiction of co-existence and accommodation that is based on the mutual acceptance of a neutered Palestinian mini state that would be permanently demilitarized and otherwise left at the mercy of a highly militarized and racist Israel. [AC1] 

Secondly for Eid, a present grounding of realistic hope in this particular liberation struggle must be predominantly based on the activation of people rather than the good will and energies of governments and their institutions. This leads Eid to stress the role of solidarity initiatives to be with a sense of urgency throughout the world as typified by the Boycott, Divestment, Sanctions campaign. He strongly endorses BDS as a principal modality of Palestinian prospects ever since its initiation in 2005, when it began as a collective action with the backing of 170 Palestinian civil society organizations. In effect, liberation from settler colonialism in the historical presence can move toward victory only when people in strategic countries around the world are sufficiently mobilized to exert transformative pressures on governments and the international community to undo the political and economic ties that bind them to the oppressor.

Eid is lucidly persuasive in his refusal to accept the common refrain that there are “two sides” in recent debates about Israeli tactics and goals. Zionist liberals especially would have us so believe, evading the central reality that this a classic struggle, with distinctive features of the oppressed against the oppressor and its complicit allies. Eid is seeking a crucial rectification of the asymmetrical nature of the struggle. Suc continues to be highly controversial in the West, but seems vital to act upon if non-Palestinians are to support a genuinely just and sustainable peace. This view expresses a radical challenge to the status quo as its realization requires the rejection of the Zionist Project of Jewish supremist prerogatives in a distinct state as the essential precondition could enable the two peoples to live together as equals. Eid’s vision of liberation does not include the forced departure (in effect, an ethnic cleansing) of Jews or the destruction of Israel as a state, but it does require major adhustments: a fundamental reconstruction of its internal race relations; an abandonment of Zionist ideology; ethnic equality of treatment in nationality and citizenship laws; and quite likely the naming of the emergent one-state entity to signify the rejection of an ethnic statehood for either people.   

Gruesome patterns of Israeli abuses over the years are further confirmed by Eid’s own existential encounters with Israel’s prolonged dehumanizing and sadistic treatment of the people of Gaza, especially its children. His prose is written not with ink but with the blood of the innocents, undoubtedly a tearful recounting of very concrete incidents involving family members, close friends, neighbours. Eid is unflinching in his determination to bring Israel’s brutalizing behaviour out into the open by bearing anguished witness to targeted killings of innocent children by Israeli snipers, as well high tech weapons of war that killed whole families trapped in their homes and devastated entire residential neighbourhoods during Israel’s massive incursions, characterized as “massacres,” in 2008–09, 2012, 2014, 2018, and frequently, on a smaller scale, in the leadup to the full-scale genocidal response to October 7. In a significant conceptual move, Eid follows Pappe in presenting these years preceding that pivotal day as “incremental genocide.” This reality posed for every Palestinian an ultimate choice between the dangers of resistance and the humiliations of submission to the harsh apartheid constraints of Israeli control.

What makes this book truly groundbreaking, aside from its chronicling of witnessing in ways that impressively counteract the propagandistic decontextualization of October 7, is its clarity when it comes to a critique of the mainstream diagnosis of the Palestinian struggle and accompanying positive prescriptions about the path to a Palestinian victory emerging from the piles of rubble signifying Gaza after enduring these months of genocide.

Even though the provisional rulings of the ICJ on January 26, 2024, did nothing to change the facts on the ground, it should be read as an authoritative affirmation of the legitimacy of the Palestinian struggle and a heartfelt juridical lament for the accompanying humanitarian catastrophe still befalling Gaza. It undoubtedly helped motivate Eid to express the optimism of his will by the dramatic assertion in the epilogue that “Israel is now on the verge of collapse.”

Richard Falk

Santa Barbara, California

30 January 2025


[1] Ilan Pappe, The Biggest Prison on Earth (Oneworld Publications, 2019). [the ‘e’ in Pappe is written with an accent over it)

[2] W. H. Auden, ‘September 1, 1939,’ published in Poetry of the Thirties , Penguin, 1964

[3] Rashid Khalidi, Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East,” Beacon Press, 2013, https://harpers.org/2013/03/brokers-of-deceit-how-the-u-s-has-undermined-peace-in-the-middle-east/.


 [AC1]Something missing here.

The Gaza Ordeal: How Will it End?

12 May

[Prefatory Note: The interview conducted by Daniel Falcone was published under in CounterPunch on May 11, 2025 with the title On Genocide and Gazan Resilience is reproduced here unmodified except for the title. To call attention to question of ‘What comes next for the Palestinian people and Gaza,’ sometimes phrased as ‘the day after’ is an increasingly haunting question. A return to some version of Oslo Dipmomacy (as incorporating the global endorsement of ‘the two-state’ solution) is not an acceptable outcome for the Palestinians and obviously contradicts the embrace of an Israeli s one-state solution). The time has come for the Palestinian people, including about six million refugees who have for decades been denied their entitlement to a ‘right of return’, to be treated as integral to a sustainable peace and a central requirement of fulfilling their inalienable right of self-determination. Another fundamental issue relates to Palestinian representation, which should reflect the collective wishes of the Palestinian people living under occupation and some form participation by the Palestinian refugee communities. To legitimate such an outcome process requires circumventing ‘the primacy of geopolitics’ within the UN and global society in general, or its benevolent transformation.]

In this exclusive interview, renowned international law scholar and former UN Special Rapporteur Richard Falk engages with educator and journalist Daniel Falcone to examine the moral, political, and historical dimensions of Israel’s ongoing assault on Gaza. The conversation is anchored by a viral social media post from Tam Zandman, a young Israeli who denounced what he described as the genocidal destruction of Palestinian life. Falk contextualizes Zandman’s testimony within the broader framework of Israeli state violence, addressing the normalization of moral indifference, the complicity of Western governments and media institutions, and the ideological underpinnings of the Zionist project, particularly its “Greater Israel” aspirations.

Drawing on a range of sources, including Noam Chomsky’s critiques of state terrorism and Mohammed Omer Almoghayer’s memoir On the Pleasures of Living in Gaza, Falk explores the systemic erasure of Palestinian voices, the instrumentalization of anti-Semitism to suppress legitimate criticism, and the enduring spirit of Palestinian resistance, or sumud, in the face of profound destruction.

Daniel Falcone: On April 10, 2025, Gaza-based journalist Motasem Dalloul commented on a widely circulated social media thread, describing it as “a shocking thread by [an] Israeli youth [that] discloses the reality about the genocide [that] has been going on in Gaza for 17 months.” In your view, how does this fit within the historical context of what you have described as “speaking a substantial truth about Israeli moral numbness and genocidal sentiments?” Could you elaborate on how such discourse reflects broader hegemonic narratives and state violence? The language around the topic was rather stark and reminded me of Chomsky’s analysis of Alan Dershowitz’s assertion in 2006, that called for the targeting of Lebanese civilians.

Richard Falk: Dalloul’s comments on Tam Zandman’s powerfully unrelenting condemnation of Israel’s real reason for what he calls the flattening of Gaza is moving and significant. Zandman’s words were written, as you observe, by a young self-described ‘citizen of Israel’ who emotionally explores the psycho-political infrastructure of Israel’s prolonged genocidal attack on the captive, totally vulnerable Palestinian population of Gaza. His Cri de Coeur arises from manifestly intense convictions and an anguished internal vantage point within Israel. What gives these words from Israel their quality of originality is their humanistic grounding, which contrasts with intense ethnic nationalism of Israeli mainstream dialogues, and even more the sub-conscious drive to destroy the Palestinian existence. The public show of Israeli moral concerns has been concentrated upon the fate of a small number of October 7 hostages mainly Israeli Jews.

Such a preoccupation has been accompanied in Israel by indifference, or worse, toward the fate of the Palestinians, including ‘Palestinian hostages’ seized without charges since the Hamas attack and severely abused in Israeli prisons. These personal tragedies are reduced to statistics of so-called ‘prisoner exchange’ releases that are part of ceasefire diplomacy devoted to pauses in the violence with Hamas commitments to release an agreed number of hostages. Seizing innocent civilians and holding them hostage is a war crime whether they are Israeli or Palestinians and this is true whether called ‘hostages’ or ‘prisoners.’ As with other aspects of media presentation, such one-sided labeling is itself a dimension of media complicity in covering up the one-sided sense of grievance with respect to Israeli captives held by Hamas.

What is most distressing to Zandman is that public discourse emanating from Israel about retaliation against barbarism, counterterrorism against Hamas, security concerns, and the recovery of hostages, obscures the grotesque clarity of the widespread pre-October 7 Israeli societal wish that was passionately in favor of the devastation of Gaza and the elimination of its people. For Zandman, this was for most Israelis, something worth pursuing for its own sake. It needed no pretext, much less a legal or moral rationale given this embrace of necro politics in Israel.

In keeping with such a background, the Netanyahu government made little effort to explain and justify recourse to genocide by claiming a ‘just cause’ when addressing Israelis. Such explanations were superfluous internally, and their articulation seem designed to strengthen external support from Diaspora Jews and the governments of liberal democracies in the West, especially the US, that desired a smokescreen of morality and legality to give a shred of legitimacy to the Israeli response.

Beyond this, Israel and its leaders were wary of condemnation by the International Court of Justice and the International Criminal Court, not because they felt misunderstood, but because they deeply resented being internationally labeled as guilty of criminal behavior, especially of genocide, which challenged their insistence that only Jews were victims of mega-genocide, warranting a special recognition from others, identified as The Holocaust or Shoah. This concern about an external reputation is what led to Israel’s worldwide campaign of weaponized anti-Semitism to demonize its critics and proclaim its innocence, essentially a politics of diversion.

We are left with two bewildering issues: Firstly, is Zandman correct in his attribution of a toxic and lethal dehumanization of the Palestinian people that favorably disposed toward genocide, and would have been supportive of its enactment with the pretext of responding to the Hamas attack? In a sense, this is an empirical question that is difficult disentangle from the unpopularity of the Netanyahu government, the secular opposition to the rise of the religious right in Israel, and a tendency to go along with whatever the government proposed in the name of security. In essence, we might never know whether Zandman was fearlessly reporting an accurate account of the Israeli collective mentality with respect to the Palestinian people or was expressing his own acute frustrations about the refusal of Israel’s post-October 7 response to respect the constraints of law and morality.

Yet, without a doubt, his strong feelings are reactions to repressive responses to Israeli dissenters in this period as compared to the moral struggles evident about Jews in the Diaspora, who exhibit internal tensions, and need the comfort zone of the ‘two sides’ sensibility that has emerged in the West, including the media, to the effect that Hamas is guilty of a terrorist assault and deserves to be destroyed — and the view that Israel in its reacting, exceeded the limits set by law and morality. Both sides are hence responsible, and ‘day after’ arrangements should reflect this symmetry rather than reflect the asymmetric relevance of the pre-October oppressive governance in Gaza.

Israeli oppression was expressed in many ways, including a punitive blockage in place since 2007, massive military incursions in 2008-092012, & 2014, the widespread assessment by respected human rights civil society organizations (including Amnesty International, Human Rights Watch) of the imposition of an apartheid regime throughout occupied Palestinian territories, and the endgame of the Zionist Project — taking the form of Greater Israel and involving the annexation of the West Bank, and the establishment of a territorial buffer zone.

Secondly, did the more than 18 months of a genocidal assault on Gaza alter Palestinian prospects for achieving basic rights in a negative or positive fashion? The negative argument arises from heightening the costs for Palestinians of remaining resident in Occupied Palestine or in Israel, as well as extending hegemonic control of such neighboring countries like Lebanon, Syria, Egypt and extending its military reach with respect to Iran. It also, despite the prolonged extreme genocide, retained the diplomatic support and strategic partnership of the complicit governments in the West, especially in confronting ‘the clash of civilizations’ dimensions of the conflict in which Israel has done the dirty work of the containment of radical Islamic influence in the Middle East. Such developments are viewed as safeguarding Western access to the energy resources of the region as well as providing security for commercial navigation and naval operations.

I wonder about your reference to Chomsky’s reaction to Dershowitz’s indirect endorsement about what became known as the Dahiya Doctrine, which underlay Israel’s deliberate recourse to disproportion and indiscriminate responses to any show of armed resistance in Lebanon and elsewhere. As such, it was both descriptive of Israel’s approach to its ‘security’ ever since its establishment in 1948, as well as being an early sign of the drift toward the Gaza genocide that has unfolded since October 7. Dershowitz has twisted and turned over the decades in his all-out effort to validate each-and-every Israeli use of force.

Daniel Falcone: While this analysis sheds light on the moral discourse surrounding Gaza, it risks being incomplete without addressing the situation in the (“Gazafied”) West Bank and the broader vision of the Zionist project, particularly the “Greater Israel” endgame you mention. Additionally, there seems to be limited recognition of Palestinian resistance and the enduring spirit of sumud (or “steadfastness”). How do these dimensions, territorial ambition, structural occupation in the West Bank, and the resilience of Palestinian resistance, further contextualize the discourse of moral numbness and the hegemonic violence you’ve described?

Richard Falk: In line with your initial question, I consider the wider issues associated with Zandman’s statement that pertain to the future of the West Bank and uncertainties about how developments pertaining to the devastation of Gaza since October 7 affect the Zionist endgame that appear to aim at establishing ‘Greater Israel’ (formally incorporating the West Bank, East Jerusalem, and now at least northern Gaza into the state of Israel), moves repudiating the two-state solution and further sustained by compliant regional adjustments in LebanonSyria, and most of all, Iran.

The issues raised in your question about how Palestinian resistance and sumud have been affected inevitably raise concerns about the limits of Palestinian resilience. Given the ongoing and prolonged fury of the Israeli violence, which continues to disregard even the most minimal limits of law and morality, the question is how much longer Palestine can maintain an active resistance mode of steadfastness, proportionate to their commitments not to leave their Palestinian homelands.

The destruction of remaining hospitals and safe zones has left international public opinion dazed and numb, which has been partially expressed by media complacency about reporting the underlying humanitarian emergency and daily atrocities, including the total prohibition of any delivery of food to starving. In food insecure Gaza, many are reduced to eating pet foods and native grass, while being reliant on polluted drinking water. The Trump/Musk continuous assaults on constitutional democracy in America, the incitement of a dangerous trade war, and the saga of a cruel campaign against pro-Palestinian immigrants and visa-holders, dominate Western news cycles ever since Trump reentered the White House for the start of a second term as president. As the peoples of the world have mobilized to condemn, by protesting what is going on in Gaza, the West Bank, and the Middle East, most governments avert their gaze either out of indifference or feelings of futility.

The level of suffering, the hopelessness of living amid rubble and disrupted ecological viability are posing a more serious test of sumud and resistance than even the nakba of 1948 when an estimated 750,000 Palestinian were driven from their homes and homeland, and permanently denied a right of return while witnessing from afar the bulldozing of their villages. Gaza became the home to many of these displaced from villages and towns in southern Israel, constituting a majority refugee population in Gaza numbering an estimated 75% of the whole.

This background helps explain why it is Gaza among the occupied Palestinian territories that has generated over the years the most formidable resistance initiatives, ranging from missile salvos that did little damage in Israel but gave rise to acute anxiety in the southern regions of the country, instigating the first intifada of 1987 mounting a formidable nonviolent collective challenge to the unlawful Israeli refusal to implement the Palestinian right to return to their pre-war homes in what had become Israel, and finally, the mounting in Gaza of the Great March of Return in 2018 that symbolized the refusal of Gazan refugees to submit any longer to Israeli captivity. Yet until after October 7, Israel had not avowed genocidal intentions, implemented in the most totalizing and sadistic manner, while enjoying the sustained backing of the US and its most powerful European partners.

The message that this genocidal assault communicated to the Palestinians is that the world was either helpless or afraid to stop this one-sided massacre generally misdescribed as a ‘war’ between Israel and Hamas. Israel sought to convince enough Palestinians in Gaza, as well as the West Bank, to heed the ultimatum directed at the Palestinian, and implicitly conveyed to the world: ‘leave or we will kill you.’

Zandman’s emotional outburst is a reaction to the Israeli mindset that endorses the flattening of the Palestinian reality, but there is no expression of concern about the cruel choice facing the Palestinian people as a result of this destruction of viable conditions of life in Gaza: sustain resistance amid continuous violence in a destroyed habitat lacking life support of foodwatermedicine or seek the relative normalcy of life, although as an unwanted and feared refugee, likely denied human rights in the host foreign country. Yet despite the hardships, offering Palestinians a greater possibility of rescuing surviving children and families from enduring what must appear to many as a hopeless future, makes further steadfastness to the land seem increasingly suicidal.

Most Palestinians, whether in Gaza or elsewhere are not prepared even now to admit political defeat after a century of struggle that destroyed their dreams and made even hope of better days increasingly seem like a desperate act of will bordering on a collective death wish. Even if forced to leave, the Palestinian will to resist is likely to persist, although in more covert forms, possibly including a revival of armed struggle tactics by scattered militia groups as an alternative to being resigned to realities too overwhelming to confront any longer. The Palestinians face the danger of what might be described as ‘resistance fatigue,’ which if it emerges should be accompanied by an appreciation of a remarkably sustained narrative of Palestinian perseverance and heroic struggle against a ruthless and ideologically empowered adversary with its own narrative of historical and ethnic entitlement.

Daniel Falcone: You’ve suggested that this analysis should be read alongside Mohammed Omer Almogheyer’s recent publication with OR Books, On the Pleasures of Living in Gaza: Remembering a Way of Life Now Destroyed. Could you clarify how this work contributes to or deepens our understanding of the dynamics we’ve discussed, particularly in relation to Palestinian resistance and the lived experience of loss under the pressures of occupation and systemic violence? What does this reflection on everyday life before destruction offer to the broader conversation about moral responsibility and the overall historical narrative?

Richard Falk: As you suggest, Zandman shares his alienating experience as an Israeli, reacting with bitterness and moral outrage at the surrounding consensus in the country for carrying out an extremist’s genocide in Gaza, and welcoming the occasion of retaliation as dispensing with the need of Israel to construct a justifying rationale or make a public display of shame and regret. At the same time, Zandman does not attempt an assessment of the Palestinian posture of resistance in its many forms, or whether their complementary ideas about Israel and Israelis are infused with their own ‘flattening’ scenarios. My experience of knowing many Palestinians, including several Hamas leaders, has exhibited a surprisingly non-vindictive contrast, fervently seeking paths forward for both peoples without showing signs of waiting for an opportunity to give way to ‘a revenge syndrome.’ Of course, history teaches us that to whom evil is done internalize the trauma, but never forget, and are often scarred in ways that do erupt in hostile incidents, even can erupt as well-organized collective forms of violence.

In my experience, the greatest sources of anti-Semitism in our world are hard-core Zionist Jews and Evangelical Christians, both defaming in their attitude toward Jews who challenge the excesses of the Zionist Project, and not Palestinians who despite their prolonged and abusive subjugation retain a surprising degree of empathy for Jews as a people and Judaism as an ancient religion.

On this basis, I urge people to read Mohammed Omer Almoghayer’s newly published On the Pleasures of Living in Gaza; Remembering a Way of Life Now Destroyed. The book gives an unforgettable account of what made even growing up in Occupied Gaza such a fulfilling human experience. Despite poverty, abuses, humiliations, and periodic military incursions, Gaza’s modes of resistance rested on the satisfactions of community, family closeness, friendships, weddings, the delights provided by landscapes and beachfronts, as well as sharing meals, helping those in need, thirsting after normalcy, walking along the coast, falling in love.

Given these everyday pleasures, brought to life in these pages by Almoghayer’s gift of storytelling and his deep reverence for Gaza’s ancient heritage as kept alive in makeshift museums and current recourse to art and culture — it is notable that despite decades of Israeli dominance, Palestinian cultural expression is still seen through books, public intellectuals, and artworks, far more internationally known and admired than that any produced in Israel during the same period. This is partly because Israel was not provoked to reactive creativity by the conditions of its existence to concentrating their creative energies in the arts. Talented Israelis were more intent on pushing the modernist boundaries of technological innovation, especially as it could be applied militarily.

Almoghayer, long known to the outside world as one of Gaza most trustworthy and fearless journalists, is at the same time very sensitive to the hardships imposed on the people of Gaza due to the punitive blockade imposed in 2007 and extending far beyond security concerns to include such civilian items as chocolate, pasta, artistic and fashion materials, and basic building materials. Such hardships included keeping Gazans ‘on a diet’ so that they could go on living, yet only at subsistence levels. As well, Israel restricted harshly Palestinian entry and exit from Gaza contributing to its prison atmosphere. Much Israeli recrimination toward Gazans resulted from the political strength shown by Hamas in the 2006 elections and the success of Hamas in defeating coup efforts by the collaborationist Fatah (aided by Washington) to take control of the Gaza governing process.

I initially encountered Almoghayer during my first year as the UN Human Rights Council’s Special Rapporteur on Israeli Human Rights Violations in Palestinian Territories Occupied Since 1967. It occurred in 2008 after Almoghayer received the coveted Martha Gellhorn Prize for Journalism in an overseas ceremony. On his return home to Gaza, he was brutally beaten by border security personnel not only for winning the award, but more so for bringing to light Israeli human rights abuses in his role as a young journalist in Gaza. I recommended that the UN censure Israel for this high-profile human rights violation, but nothing came of it, and Almoghayer went on with his journalistic career that included academic writing on issues that touched on the Palestinian future in an edited book on the failures of Oslo diplomacy. Almoghayer’s courage as a witness never inhibited him from truthful yet risks reportage.

The book is also a personal memoir. What should raise Western eyebrows is his harrowing negative account of a scary experience with IS (Islamic State) terrorists who seized Almoghayer, threatening his life if he didn’t join their extremist movement and torturing him while holding him in captivity. When finally released, Almoghayer makes clear that it is this kind of tactics and extremism that casts a darker shadow over the Palestinian struggle than does the abusive Israeli occupation and should have no influence whenever Palestinians get the chance to exercise their inalienable right of self-determination.

Almoghayer has not given up hope despite the rubble, the trauma, and the terrifying ordeal. In a stirring epilogue that squarely faces the reality of a Palestinian catastrophe far worse than the terrible 1948 nakbaDespite all, he believes Palestinian sumud will triumph by achieving at some future unspecified time a democratic outcome by establishing a viable sovereign state of their own, premised on mutual and equal respect for the human rights of the contending ethnicities. He does not pronounce upon whether it should be one state for the two peoples or separate states, but its legitimacy will depend on the realization of equality and dignity for all citizens and residents. If you read only one book on Palestine and the worldview of Palestinians read On the Pleasures of Living in Palestine perhaps in conjunction with one Palestinian film, From Ground Zero.

Daniel Falcone is a teacher, journalist, and PhD student in the World History program at St. John’s University in Jamaica, NY as well as a member of the Democratic Socialists of America. He resides in New York City. Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University, Chair of Global law, Queen Mary University London, and Research Associate, Orfalea Center of Global Studies, UCSB.

New Realities of Israel/Palestine in the Trump Era: Settler Colonial Destinies in the 21st Century

25 Jan


[Prefatory Note: This post modifies and updates an interview with Mohammad Ali Haqshenas, a journalist with the International Quran News Agency, published under its auspices on January 22, 2025. It is affected by the assumption of the US presidency by Donald Trump and the early days of the Israel-Hamas ceasefire agreement negotiated during the Biden presidency more than seven months earlier.]  

1. How do you assess Donald Trump’s public and behind-the-scenes efforts as the U.S. President-elect to advance the ceasefire agreement and prisoner exchange?

For Trump a major incentive of achieving the ceasefire and prisoner exchange was to show America that he gets things done as contrasted with Biden who let this same ceasefire agreement sit on the shelf for more than six months.

The ceasefire is publicized as a demonstration of Trump’s and US leverage with respect to Israel when it actively seeks results rather than merely wants to make a rhetorical impression, but there is more to this ceasefire that is immediately apparent. In addition to a promise to Netanyahu of unconditional support, Trump may well have given confidential assurances of backing Israel’s high priority strategic ambitions. Number one would be to give cover if Israel chooses to annex all or most of the West Bank. Almost as important would be Trump’s promise that it would do his best to persuade the government of Saudi Arabia to normalize relations with Israel. This would represent a continuation of the arrangements brokered by the US to induce the UAE, Bahrain, Sudan, and Morrocco at the end of first presidential term in 2020 to reach normalization agreements with Israel.

It is also significant that numerous Washington officials in the Trump entourage have unconditionally promised to support Israel if the ceasefire arrangements collapse regardless of which side is at fault. There is not even a pretension of being objective in the sense of seeking to discern where the evidence of responsibility points.

Netanyahu is rumored to have given his hardline cabinet members, Ben Gvir and Smotrich, assurances that the military campaign will resume at the end of the six-week first phase. These assurances were probably necessary to avoid the collapse of Israel’s

shaky governing coalition.

2. How do you view the relationship between Trump and Netanyahu, as well as U.S. political considerations, in light of this ceasefire?

I think the relationship of these two autocratic leaders is based on their shared transactional style, ideological agreement, and shared strategic interests. Both leaders are defenders of the West against the rest, being especially hostile to Islamic forces in the Islamic world. The Palestinian struggle is on one level the core expression of this geopolitical rivalry, with all the complicit supporters of Israel coming from the white dominant countries, that is, the European colonial powers and the breakaway British colonies in North America, Australia, and New Zealand. On the Palestinian side, except for Iran, which is indirectly supportive of the Palestinian struggle, the political actors siding with the Palestinians are Islamic non-governmental movements and militias in the Middle East, most militantly the Houthis in Yemen and Hezbollah in Lebanon, both materially and diplomatically aided by Iran. Islamic governments in the Arab world have condemned Israel for committing genocide but have refrained from acting materially or even diplomatically in ways that might exert pressure on Israel. The alignments in this ‘clash of civilizations’ correspond closely to the political vision of Trump and Netanyahu, and recall the prophetic pronouncements of Samuel Huntington shortly after the end of the Cold War.    


3. Previous ceasefire agreements between Israel and Hamas were violated due to clashes between the two sides and ultimately failed. Do you think this agreement signifies a permanent end to the war or merely a temporary halt in conflicts?

I believe that Israel will not end the conflict until it satisfies at least one of its two strategic goals, both of which are outside of Gaza—the primary goal of Israel is the annexation of the West Bank coupled with a declaration of Israel’s victory over the Palestinians, signified by the formal establishment of Greater Israel as an exclusivist Jewish state from ‘the river to the sea.’ The secondary goal is to normalize relations with Saudi Arabia as a political foundation for the formation of an aggressive coalition that adopts policies to achieve regime change in Iran. Israel seems prepared to risk a major war in the course of doing so, while Saudi Arabia appears more cautious. The Trump presidency is clearly disposed to join Israel if it makes such an effort, indirectly if possible, directly if necessary. General Keith Kellogg, appointed by Trump as his Special Envoy to Ukraine in keeping with such conjectures is publicly advocating the revival of a policy of ‘maximum pressure’ on Iran as a priority of American foreign policy under Trump.

I think the Hamas side will do its best to uphold commitments to release hostages and abide by the ceasefire while Israel will pragmatically weigh its interests as the process goes forward, but seems far more likely to break the ceasefire agreement after the first 42 days, perhaps as Netanyahu’s way of keeping his coalition from collapsing, or even before as several violent incidents provoked by Israeli military forces have already occurred.  Nothing short of a total Hamas political surrender including the willingness to give up whatever weapons the resistance movement possesses might induce Israel to give temporily up its unmet goals of annexation and Saudi normalization by way of a peace treaty. Even if the ceasefire is more or less maintained in its first phase, Israel seems unlikely to remain within the ceasefire framework once the six weeks of phase one is completed, which means that the latter two latter phases of ending the campaign and IDF withdrawal phases of the ceasefire will never happen. In this event, it is all but certain that Israel would then resume the full fury of its genocidal campaign, provoking Hamas to react. Israel would then use its influence with mainstream media and support in Washington to shift blame to Hamas to avoid any responsibility for the breakdown in the courts of public opinion while resuming its genocidal campaign in Gaza that never was truly abandoned despite the claims made on behalf of the ceasefire diplomacy..

4. The Israeli finance minister, referring to his discussions with Netanyahu, stated that Israel has not yet achieved its objectives in the war. Can it be argued that this agreement will undermine Israel’s security?

I believe the Israeli response was never primarily about security. It was main about land and demography, more specifically about gaining sovereignty over the West Bank, and giving the settler militants a green light to make life unlivable for the Palestinians so that they would die or leave. This anticipated and indulged settler rampage has gathered momentum with its undisguised agenda of dispossessing and killing enough Palestinians so as to restore a Jewish majority population. By such means, settler violence serves an undisguised prelude to the incorporation of the West Bank into Israel, likely with Trump’s endorsement.

Prior to October 7, Palestinians and Israelis were almost evenly split in the overall population of 14 or 15 million inhabiting Israel and the occupied Palestinian territories of the West Bank and Gaza. The higher Palestinian birthrate means that it is only a matter time until a majority of Palestinians are living under Israeli apartheid control and long dubious claims made by Israel to being a democracy would become delusional.

In the background pf my response is the growing evidence that Israel allowed the October 7 attack to happen because it wanted to initiate massive violence against the Palestinians with the justification of acting in a retaliatory mode that would excuse the death and  expulsion of large number of Palestinians, a lethal process more or less repeating the expulsions of an estimated 750.000 Palestinians in 1948, what is known to Palestinians as the nakba or catastrophe.

The Israel government received several extremely reliable warnings preceding the October 7 attack, including from US intelligence sources. In addition, Israel possessed advanced surveillance capabilities throughout Gaza to monitor Hamas resistance moves. These technical capabilities were reportedly reinforced by informers making the supposed ‘surprise’ nature of the attack hardly possible to believe. Under such circumstances it is inconceivable that Israel, at the very least, should have prepared to defend its borders and nearby Israeli communities. This is not to say that Israel was necessarily privy to the details or scope of the attack and might have been genuinely surprised by its sophistication and severity. This might explain the widespread support in Israel and indulgence throughout the world for an excessive military retaliation that lasted for several months. During this period protests were small and were hardly noticed despite the genocidal features of the Israeli attack. As the violence and denial of the necessities for Palestinian subsistence went on month after month civil society opposition grew more intense and widespread, an impression furthered by agitated by repeated Israeli lethal interferences with humanitarian aid deliveries and accompanying aid workers, including even the targeting of ambulances, rescue vehicles, and the supplies sent for the relief of desperately hungry, sick, and injured Palestinians. 

5. The release of prisoners is a critical step in the course of the war. Israel has incurred significant costs by agreeing to release Hamas members and individuals convicted of violent actions, which has sparked disputes within the Israeli cabinet. In your view, what challenges will this stage of the ceasefire face?

I think the main humiliation for Israel was not the release of so many Palestinian prisoners, but the need to negotiate as equals with Hamas to recover 33 hostages in a military campaign justified from the beginning as dedicated to the destruction and elimination of Hamas as a political actor and the reconfiguring of governance in Gaza.

Anyone following these events would also have hardly known from the one-sided media coverage that Palestinian prisoners were being released as the near exclusive media focus, especially that of the leading platforms in the West, was on the plight of the ‘hostages,’ while ignoring the far worse plight of the civilian population of Gaza or the many Palestinian women and children subjected to far worse treatment while under confinement. The release of more than 90 Palestinians prisoners on the first days of the ceasefire, many of whom had endured extremely abusive treatment and were innocent of any involvement in the October 7 attack was deemed hardly newsworthy. By the end of the six-week Phase One of the Ceasefire Arrangement nearly 2,000 Palestinians are scheduled for release. True, it is a direct violation of the law of war to hold innocent civilians or even captured enemy soldiers as hostage, but considering the disparity of weaponry and given the long history of Israel’s violence against civilians in Gaza, it becomes understandable why the Hamas resistance would seek at least the so-called

‘bargaining chip’ of hostages.

This underlying disparity in the relation between the hostage release and prisoner release reinforced the long-nurtured Israeli discourse that Israel values the life and freedom of its citizens so much than does Hamas that it is willing to make to agree to an unequal exchange with its enemy. Such state propaganda is consistent with the reverse disparity in media treatment, showing a human interest in each Israeli hostage released while viewing the Palestinian prisoner releases as a purely impersonal matter of statistics, a portrayal movingly contradicted by the crowds in the West Bank celebrating the prisoner releases, heeding their words of anguish about their detention experience (often held for long periods without charges) and their joyous embrace of ‘freedom.’

Those of us with experience of the two political cultures are struck by the closeness of Palestinian families and the absence of any sacrificial ethos comparable to Israel’s Hannibal Directive that instructs IDF soldiers to kill Israelis at risk of being captured rather than allowing them to become prisoners who will be traded for a disproportionate number of Israels. Living under conditions of an apartheid occupation or oppression allows Palestinians few satisfactions in pattens of existence most of us would regard as a life of misery other than personal intimacy of family and friendship.


6. How do you evaluate the future of Palestine, particularly the Gaza region? Some observers believe that Gaza’s current generation of children, who have lost their homes and families in this war, might take action against Israel in the future. What is your analysis?

Given the present correlation of forces, including the Trump assumption of the US presidency, I see little hope for a just resolution of Palestinian grievances soon. A further period of struggle, including a continuing process of Israeli delegitimation is underway. Israeli as a result of the Gaza genocide has been rebranded as a pariah state whose lawlessness has undermined it sovereign rights, and even drawn into question its entitlement to remain a member of the UN that its leaders regularly defame as ‘a cesspool of antisemitism.’ Israel also faces increased pressures from the impact of a rising tide of global solidarity initiatives generated by civil society activism, and taking the form of boycotts, divestment, sanctions, taxpayer revolt, and reinforce by reductions of trade with and investment in Israel. Such developments are bound to have economic and psycho-political impacts over time on the quality of life in Israel. Few doubt that such a campaign caused apartheid South African elites to experience the anguish of being excluded from international sporting events or of by having lucrative invitations refused by performing international musicians.

If the dynamics of delegitimation lead a significant number of Israelis to leave the country, choose to live elsewhere it would be a signal of the imminent collapse of Zionism as the state ideology of Israel, if not of Israel itself. Suddenly, the phantasies of veteran residents of Palestinian refugee camps are becoming real political possibilities. In other words, the Palestinians are winning the nonviolent Legitimacy War as measured by the Palestinian capture and global control of the high moral and legal ground of the conflict, and by the vitality of its national resistance under the most extreme pressures exerted by Israeli recourse to apartheid and now genocide. The dynamics of delegitimation may take decades of further suffering for Palestinians to feel vindication by the success of their prolonged resistance, above all by its translation into a political outcome that finally realizes Palestinian self-determination in a form that the Palestinians favor, and not by an arrangement pre-packaged and imposed by the UN or outside forces.

If this path to the realization of basic rights is effectively blocked by Israel’s apartheid tactics of domination, even should the genocidal jagged edges no longer are present, it will undoubtedly stimulate armed Palestinian resistance especially from survivors of the Gaza genocide who lost parents and children, and in some cases, whole families, or are living as amputees or with maimed bodies. It is impossible to imagine the depths of grief, which over time will give way to a sense of rage and resentment that will seek political expression in the form of violent anti-Israel acts and movements, as well as fuel global surges of genuine antisemitism, the opposite of the weaponized variants used so opportunistically to shield Isreal from criticism, censure, and sanctions.


7. From the international law perspective, what can be done to stop the Israeli occupation, which is basically the source of years-long conflicts in Palestine?

As should have become clear after decades of Israeli efforts to convert Palestinians into persecuted strangers in their own homeland, there is no path to a secure Israeli future even if the oppressor maintains its harsh apartheid regime. If that does not achieve political surrender or at least sullen acquiescence, then as a final effort to deal with resistance, then the settler elites are quite likely to engage in a last-ditch recourse to genocide. Israel is following the same path that the colonial West chose when compelled to deal with native peoples in the countries settled, who were dehumanized, slaughtered, and permanently marginalized. These pre-modern aggressions were most often rationalized by international law that until the last century generally legitimated colonial conquest and claims of sovereignty. In contrast, international law has since 1945 formally declared apartheid and genocide as high international crimes, but such a reclassification has proved inadequate in the face of Israeli defiance reinforced by the geopolitical complicity of the West, especially as led by the US.

The test of Palestinian resistance may emerge shortly and can be reduced to whether the remarkable steadfastness (samud) of the Palestinian people can withstand a final Israeli effort to transfer, eliminate, or kill the resident Arab population. There are already indications that the Trump leadership favors bizarre ethnic cleansing operations such as that mentioned by Trump’s newly appointed Middle East Envoy, Steve Witkoff. He recently proposed transferring a portion of the surviving population of Gaza to Indonesia.  Even if such a bizarre proposal is discounted as mere rhetoric it exhibited an intention to aid, abet, and facilitate Israel’s version of ‘a final solution’ that left the Jewish state in unobstructed control of historic Palestine. If we assume the Israeli willingness to implement such a plan and Indonesia agreeing in exchange for being lavishly subsidized, the very idea of such a proposal contradicts the proclaimed ethos of the 21st century. Channeling Trump, Witkoff is talking as if the world of states was a chess board on which the US could shift the pieces at will, an assert of hegemonic prerogatives.

  

2.

WHAT DRIVES ISRAEL—10/29/24

29 Oct

Prefatory Note This post is a much modified, updated version of my responses to questions posed Murat Sofuoglu, a Turkish journalist associated with TRT World. The dehistoricizing and decontextualization of the Hamas attack of October 7 was spread around the world by the most influential global media platforms and political leaders of the liberal democracies, and led to widespread sympathy for Israel and some months of tolerance of their response despite its legally and ethically unacceptable character. As such the Israeli response was initially sanitized by regarding  Palestinian grievances in Gaza as irrelevent, and also by uncritically accepting Israeli  hasbara that its response to the Hamas attack was solely motivated by security and counter-terrorist considerations, and thus disconnected from the Greater Israel priority and preoccupations of the Netanyahu coalition that came to power at the start of 2023 or more than nine months before the attack.]  


1. Has the Israeli model to secure Jews a homeland in Palestine failed?

I think it is misleading to refer to the Zionist Project in the singular and by reference to ‘a homeland’ as originally pledged in the Balfour Declaration issued in 1917. The minimum pre-1948 goal of world Zionism was to create a Jewish supremist state in Israel with an unlimited right of returns for Jews from anywhere in the world, and the denial of such an equivalent right to the Palestinians who were the native majority population. The Nakba that accompanied the 1948 War involved the forced expulsion from Palestine and permanent refugee/exile status for of at least 700,000 non-Jewish residents of the portion of Palestine set aside for Israel by the partition resolution of 29 November 1947 UN GA Res. 181. Israeli expulsion politics exhibited the Zionist intention in the fog of war was to ensure a long-term Jewish majority settler population that would enable Israel to claim credibly in its early years to be both Jewish and democratic, the latter proving to become

overwhelmed by the apartheid regime that was convincingly delimited as such over the course of the last decade. The occupation was fully documented as a type of apartheid violating the 1973 Convention on the Prevention and Punishment of the Crime of Apartheid. This assessment was validated by comprehensive reports, filled with data, prepared by ESCWA, Human Rights Watch, Amnesty International, and the Israeli NGO, B’Tselem.

Prefiguring the response of the governments of most liberal democracies was the failure to express any adverse reactions to Israeli apartheid despite their earlier support for the global anti-apartheid movement that exerted so much pressure on the South African government that it pleasantly surprised the world by releasing Nelson Mandela from prison and proceeding rapidly to become a constitutional democracy incorporating legal commitments to racial equality. Why was there no negative international response to Israeli apartheid?  At the very least the apartheid assessments should have led to a demand that Israel withdraw from Gaza, West Bank, and East Jerusalem.

Even earlier, the most that the US Government could manage to say about the relentless expansion of unlawful settlements that ‘it was unhelpful.’  At first, Western governments were reluctant to be even mildly critical of Israel because of their own failure to do more by way of opposition to the Holocaust, inducing a debilitating sense of guilt made more potent by Israel’s domination of the public discourse subtly facilitated by a racist dehumaniization of the Palestinian other as an Orientalized inferior people when compared to the rapid modernizing prevailing temperament in the new Jewish state.

The UN contributed to the Palestinian tragedy by initially proposing partition of a previously colonized national entity without bothering to consult the Arab majority population residing in Palestine that would have certainly been opposed to lending legitimacy to such a fracturing of their homeland. But the Palestinians were never given a chance to vote in a referendum on partition, which itself was an ahistorical imposition of UK colonial interest and methods of control by a logic of ‘divide and rule.’

This post-1945 tragedy was compounded and prefigured the future ordeals of the Palestinian people by the failure to at least secure the promised Palestinian state of equal status to Israel before legitimating Israel’s claims to statehood by diplomatic recognition and admission to the UN as a member sovereign state. The 1967 War aggravated Palestinian grievances by. establishing Israeli de facto control by way of conquest over the Palestinian territories of East Jerusalem, West Bank, and Gaza, again given unregulated de facto control by way of the doctrine of Belligerent Occupation, supposedly within a temporary and regulative international law framework set forth in the 4th Geneva Convention and the First Additional Protocol. Israel massively violated its terms of occupation in numerous fundamental ways from Day One. Perhaps, the most flagrant early expression of Israeli territorial unilateralism was its incorporation of East Jerusalem into sovereign Israel as ‘its eternal capital.’ This symbolic and substantive land-grabbing that included Islamic sacred sites has never to this day been accepted by the majority of states, and the Israeli move to establish Jerusalem as the Israeli capital was declared ‘null and void’ in an 2017 Emergency Session General Assembly Resolution (ES-1019) supported by a super-majority of Member states but opposed and then ignored by the US and the main states of NATO [the vote was 129-9-35 (abstentions).

The developments between 1967 and 2024 consolidated Israeli territorial ambitions in occupied Palestine by way of the extensive unlawful settlement movement, a coercive apartheid occupation regime that subjugated Palestinians living under prolonged occupation that culminated in the genocidal and ecocidal assault on Gaza that killed many in real time and totally devastated Gaza as a livable habitat. The settler colonial assessment of Israel disposing the majority native population resembled the pattern of the breakaway British colonials (US, Canada, Australia, and New Zealand) each of which, although New Zealand less so, implemented their colonial encroachments by genocidal tactics in response to resistance, and succeeded in establishing their flourishing and enduring state.

In retrospect, it seems obvious that Zionism, and since 1948, Israel itself pursued a two-track strategy: first, a public hasbara discourse that claimed moderation and pretended to seek a democratic polity and engage in a search for a political compromise on land rights, democracy, and human rights with the native population; secondly, a political strategy that opportunistically advanced by stages to realize the hard core Zionist Project of restoring Jewish exclusive control over the Biblically ‘promised land’ of Jewish tradition at a given time for what it could get by way of an expansionist vision with respect to Israel itself, neighboring countries, and regional geopolitics. Not only did the shadows cast by the Nazi Holocaust in the early years of Israel’s existence inhibit criticism of the settler colonial aspects of Israel’s approach to the indigenous non-Jewish residents of Palestine but Israel’s first political leader, David Ben Gurion a committed secularist, cynically declared ‘Let the Bible be our weapon,’ and in the process claimed a religious entitlement to all of historic Palestine as ‘the promised land’ of Jewish tradition, which has prevailed over the prime norm of colonial decline, that of the right of sef-determination.

After the 1967 War Israel became itself a partner in ‘colonialism after colonialism’ in the Middle East. There emerged a strategic relationship with the United States and Europe that embraced regional security, safeguarding oil and gas reserves for the West, and cooperating with respect to the containment of political Islam, especially after the Islamic Revolution in Iran (1979). This US led geopolitical limitations imposed on regional autonomy were highlighted by the unprecedented US political commitment to ensure that Israel possessed a military capability to defeat any combination of regional adversaries. Such a willingness to indulge ‘Israeli exceptionalism’ with respect to regional security was  dramatized by looking away while Israel covertly, with European active complicity not only became the sole nuclear weapons state in the Middle East but assumed the role of guardian of non-proliferation when it came to Iran.  As Israel gained in strength and regional acceptance via the Abraham Accords reached in 2020 during the last months of the Trump presidency it seemed on a path that would end with a one-state solution under its sole and uncontested dominion.

As Israel gained in political acceptance and self-confidence it became less shy about revealing its nationalist agenda. The 2018 Basic Law, with a quasi-constitutional status, was forthright in claiming Israel as a Jewish State, with the Jewish people exclusively entitled to exercise the right of self-determination (ignoring the rights and relevance of the 20% of its population that was non-Jewish, and Hebrew was confirmed as the only official language. Even extreme Israeli apologists seemed reluctant to any longer claim, what was never true, that “Israel was the only democracy in the Middle East.” The net result as of late 2024 is that it is the Palestinians who have become unwelcome strangers in their own historic homeland. Israeli democracy, such as it has become, was clearly in practice and law ‘for Jews only.’ And again the Western patrons of Israel watched from the sidelines as Israel kept enlarging and disclosing its zero-sum vision of conflict resolution, and disregard of the US role as intermediary in the search for a diplomatic resolution of the conflict.  

2. What is Israel trying to achieve with its ongoing war campaign across the Middle East?

Again, we are challenged to deal with Israel’s mainly undisclosed intentions and what is disclosed is not trustworthy or a small part of the Israeli policy agenda motivating the enlargement of the combat zone. For greater insight we are forced to rely on conjecture to produce some kind of illuminating, yet plausible, interpretation. As with Gaza, Israel claims a right of self-defense. It seeks extra weight by insisting that its enemies are all sponsors or guilty of ‘terrorist’ violence’ and proxy engagements determined to undermine Israeli security, Even if we accept this line of argument Israel’s use of force in Lebanon is disproportional and indiscriminate, self-acknowledged and operationalized as an inflammatory application of the Dahiya Doctrine originally set forth in the Lebanon War of 1982. The Dahiya Doctrine was enunciated by a leading Israeli general, expressing the intention to retaliate disproportionately against security provocations threatening Israeli interests. The Gaza genocide can be viewed as a grotesque and maximal example of Dahiya thinking and practice, although specifically motivated by Israeli extraterritorial security priorities, ethnic cleansing, economic ambitions, regional paranoia, as well as its invariable dismissal of the genuine grievances and armed resistance of adversaries as invariably of a terrorist character.

In certain ethical respects the Dahiya Doctrine is an Israeli adaptation of the logic of deterrence that guided security policy of both US and USSR during Cold War. Its most salient feature was known as Mutual Assured Destruction  (or to critics as MAD). Israel’s adaptation consisted of substituting the threat of genocide for that of nuclear retaliation. The core idea of deterrence is a credibly threatened unacceptably disproportionate response to any fundamental threat to strategic interests or to homeland security of the nuclear antagonists and their close allies.

There is no mutuality in Israel’s approach to deterrence, which is a generalized warning to its regional adversaries of dire results if they dare to attack or provoke Israel. Any regional state purporting to balance Israel hegemonic nuclear capabilities is projected as such a threat, which presupposes a geopolitical right to maintain Israel’s regional nuclear supremacy.

3. Do you think with the current campaign, the Netanyahu government aims to resolve once and for all the Jewish question, fixing Israel’s place in the Middle East? 

It seems as though Israel has been expanding its combat objectives initially justified as retaliation against Hamas for the October 7 attack by adopting a proclaimed goal of exterminating Hamas. While pursuing this goal Israel engaged in such excessive and indiscriminate violence that its behavior was widely perceived as a transparent instance of genocide committed in real time and including a growing and increasingly activist minority in the civil societies of the Western countries, including many Jews, whose governments most ardently support Israel. Israel has suffered a near total loss of legitimacy as a normal state and is increasingly viewed as a pariah or rogue state to an extent exceeding the condemnation of even overtly racist and oppressive South Africa. This ended when the Pretoria government surprised the world by abandoning apartheid in the mid-1990s, apparently for pragmatic reasons associated with debilitating sanctions that limited South Africa’s participation in world society, including cultural and sporting boycotts that curtailed the freedoms of the ruling white minority.

Israel has handled this international hostility differently and more defiantly than South Africa, partly because it has had the benefit of strong geopolitical support from the governments of the Global West, especially the all-important US. Israel’s security is a matter of strategic importance to the West as a beachhead in the Middle East for the related purposes of ensuring access to oil and gas reserves of the region and containing the spread of political Islam. Thus, the increase of Israel’s war objectives to include Hezbollah, the Houthis, and of course Iran has also become a battleground in the Clash of Civilizations within the region and is a potent source of instability parallel to the incipient Second Cold War with China and Russia. Whether Israel, with Washington’s backing and probable participation will provoke war with Iran is one of the great uncertainties of this historical moment. Part of this uncertainty involves assessing the relevance of Netanyahu’s personal survival agenda and whether the Religious Right in the governing coalition will push these wider objectives to the point of regional war with dangerous geopolitical risks. An ethical imperative is also continues to be present– not to shift attention away from the ongoing acute human catastrophe entrapping the civilian population of Gaza in deliberately induced death threatening traumas of mass hunger and widespread disease.

What Israel does and refrains from doing in the next few weeks will have a major impact on the prospects for a peaceful future responsive to growing ecological challenges. This in turn may reflect the outcome of the US presidential elections, and how the new leadership handles this dangerous, fragile global situation that combines a prolonged humanitarian catastrophe, ethical and legal gross abuses of civilian innocence, and hazardous neglect of heightened risks of geopolitical encounters and ecological collapses.

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The Responsibility of Western ‘Liberal Democracies’ for Gaza Catastrophe

13 Aug

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[Prefatory Note : This is the text of an interview with Mike Billington of the Schiller Institute modified for clarity and style, with no changes in substance.]

 Richard Falk: Western “Liberal Democracies” Responsible for Genocide in Palestine

Mike Billington : This is Mike Billington with the Executive Intelligence Review and the Schiller Institute. I have the pleasure of having an interview today with Professor Richard Falk, who has done another interview with us earlier. He is a professor emeritus at Princeton, among other positions he holds in institutions around the world, mostly peace related. Between 2008 and 2014, he was the UN Special Rapporteur for Palestine. So, given the circumstances that we have today in the Middle East, it’s a very timely moment to have a discussion with Professor Falk. So let me begin with that. Professor, the assassination of Haniyeh today in Tehran is clearly a sign that Israel is trying its best to get an all-out war with Iran started, but also, it’s the fact they just killed the person who was leading negotiator with Israel for peace in Palestine. So what are your comments on that?

Prof. Falk: I agree with your final sentences that this is certainly either gross incompetence on Israel’s part or a deliberate effort to provoke a wider war. And a shady effort by Israel to compel the engagement of the United States in Israel’s multiple struggles in the region. One should also refer here to the double assassination. Not only Haniyeh, but Nasrallah’s right-hand assistant and prominent military commander, Fouad Shukra, who was killed 2 or 3 days ago, in Beirut. And so now Israel in successive inflammatory assassinations attacking the capitals of Lebanon and Iran, certainly signaling an almost intentional search for some kind of escalatory response. The Supreme Leader of Iran has already declared that that Iran will arrange — he didn’t go into detail — arrange an appropriately harsh response, in retaliation for Israel’s criminal act. In the Lebanese context, Nasrallah and Hezbollah deny the Israeli justification for the attack, which was the missile that landed in the Golan Heights a few days earlier, killing several Syrian children playing on a soccer field. It almost certainly was not intended as the target by whoever fired the missile, which is still being denied by Hezbollah. The very explosive situation in the Middle East — perhaps the assassinations were motivated by the wish to distract attention from Israel’s failure to destroy Hamas and Netanyahu’s unpopularity in Israel. At best, this is a very dangerous way of proceeding because a multi-state war in the Middle East will bring widespread destruction , including likely attacks on Israeli cities, something Israel has avoided over the course of its existence. This may yet be a dramatic turning point for the worse in the whole experience of Israel’s defiance of international law, international morality and just plain geopolitical prudence.

Mike Billington : You have been a very outspoken supporter of the role of the International Court of Justice, ICJ, and their rulings, including the decision on the South African petition that Israel is guilty of genocide in Gaza; the issuing of arrest warrants on both Israeli and Palestinian leaders; and more recently, the verdict that the entire occupation of the Palestinian territories has been illegal from the beginning, ordering it to end the occupation and withdraw the settlements. But of course, Israel has ignored them totally, while the US and the EU have equally ignored them. As you pointed out in one of your articles, Bibi Netanyahu even said “No one will stop us,” from driving all the Palestinians out or killing them. What can be done overall to deal with the Gaza genocide?

Richard Falk: Well, it is, of course, a terribly tragic moment for the Palestinian people who are faced with this grotesquely sustained and executed genocide, that has now gone on for more than nine months on a daily basis. As your question suggests, Israel has been crucially backed up throughout this process by the complicity of the liberal democracies, above all the US. And so long as that power relationship persists, it’s very unlikely that an effective intervention on behalf of Palestine, or to stop the genocide, can be organized and implemented. From that point of view, these judicial rulings, although they give aid and some comfort to supporters of Palestine are not able to influence the situation on the ground, which continues to be horrifying. At the same time, the rulings are important in depriving Israel and the West of complaining about Palestine and Hamas as violators of international law, including ‘terrorist’ accusations. In other words, by reliably finding that Israel is in gross violation of international law and by issuing arrest warrants, global judicial procedures deprive these aggressive countries from opportunistically using international law as a policy instrument the way they have against Russia in the Ukrainian context. It also influences media discourse and civil society behavior, particularly activists throughout the world, who feel vindicated and challenged to do more by way of pro-Palestinian solidarity initiatives.

There exist a variety of initiatives underway in civil society that not only brand Israel as a rogue state, but also propose nonviolent acts of boycotting, divesting, and shows of opposition, highlighted by the activism of students in university campuses around the world giving rise to repressive responses by pro-Israeli elites in and out of government. This has become quite a distinctive phenomenon — even during earlier student activist periods involving South African apartheid and the Vietnam War, there wasn’t nearly as much passion or such animated expressions of civil society activism. This is now a near universal reaction, including a growing portion of citizens in the country whose governments are complicit in supporting Israel’s commission of genocide.

Also prresent is a contested and growing gap between what the citizenry wants and the government is doing. This gap was highlighted and dramatized by the scandalous, honorific speech that Netanyahu gave last week to a joint session of Congress, where he received a hero’s welcome, frequent standing ovations, thunderous applause and cordial meetings in the White House with Biden and Kamala Harris. It was widely observed that Harris abandoned protocol by not attending the joint session of Congress over which the vice president ordinarily presides whenever a foreign leader is making such an address, and the Netanyahu visit was met be large protests in the streets of Washington.

Mike Billington : Your friend, and mine, Chandra Muzaffar, who is the founder and the head of the International Movement for a Just World based in Malaysia, has written a letter to all member nations of the UN noting, as you have also, that the West is ignoring the evil in Gaza, and called on the UN General Assembly to act upon Resolution 377, which, as I understand it, allows the General Assembly, when the Security Council fails to take action to stop a disaster against peace, to act in its own name, to deploy forces, I think unarmed forces, to intervene. You are, among other things, a professor of international law. What is your view of this option?

Prof. Falk: There is that option, that was adopted in the Cold War context of the Korean War, with the objective of circumventing future Soviet vetoes. GA Res. 377 was thought initially to give the West a possibility of nullifying the Soviet veto and mobilizing the General Assembly to back Western positions. As the anti-colonial movement proceeded, the US in particular became more and more nervous about having an anti-capitalist General Assembly empowered to act when the Security Council was paralyzed. To my knowledge that Resolution 377 has never been actually invoked in a peace – war situation. I think there is a reluctance to press the West on this kind of issue, because it would require, to have any significance, a large political, military, and financial commitment, as well as a difficult undertaking to make effective. So I’m not optimistic about such a move to empower the General Assembly . I think the law can be interpreted in somewhat contradictory ways, as is often the case, particularly where there’s not much experience. But I don’t think the political will exists on the part of a sufficient number of governments to make the General Assembly act on behalf of Palestine. I think in general making the UN more effective and legitimate, empowerment of the General Assembly would be desirable and should be supported by people that want to have a more law governed international society, but preferably without relying on this Cold War precedent

.

Mike Billington : On that broader issue, do you have any hope or any expectation that the UN in general will be reformed in the current crisis situation internationally?

Prof. Falk: I’m skeptical about that possibility. The forthcoming UN Summit of the Future on September 22-23 is dedicated to strengthening the UN. This is an initiative of Secretary-General Guterres that seeks to discuss some ambitious ideas about UN reform, enlarged participation by civil society and more democratic, transparent procedures for UN operations. But my guess is that the Permanent Members, and probably including China and Russia, will not push hard for such major development. Each of the P5 states seems to believe that their interests are better protected in a state-centric world, even if geopolitical managed, than they would be in a more structured world system operating according to a  more centralized authority structure. It might  become even more susceptible to Western domination and manipulation than is the case with present arrangements.

Mike Billington: On the US situation, you issued a public letter to Kamala Harris soon after Biden dropped out of the race. There and elsewhere, you have denounced what you called the “diluted optimism” of President Biden, who talks about American greatness and the great future America is looking forward to, and so forth. You called it: “a dangerous form of escapism from the uncomfortable realities of national circumstances and a stubborn show of a failing leader’s vanity.” you express some hope that Kamala Harris will dump the Biden team of Blinken and Sullivan. Who do you think could possibly come to be her advisors? Who could, in fact, change the failed direction of the Biden-Harris administration?

Prof. Falk: You raise a difficult issue, because effective governance involves balancing various pressures from without and within the apparatus of the state. I think Harris knows and respects these constraints, aware that even an elected leader is restricted, encountering resistance if public policy dissents from the main tenets of the Washington Consensus. Harris’s policy choices are restricted because those that are prominent enough to be eligible for confirmation in the top jobs are either conforming to this geopolitical realism, or they’re regarded as too controversial to get by the congressional gatekeepers and survive media objections. In fairness to Harris, or any leader for that matter, it’s a difficult undertaking to make American foreign policy particularly more congruent with the well-being of people and more oriented toward sustaining peace in a set of dangerous circumstances that exist in different parts of the world. And, of course, the Israeli domestic factor is probably also at least a background constraint. In light of this, the best that I could hope for, realistically, is some critical realist personalities like John Mearsheimer or Anne-Marie Slaughter, or possibly Stephen Walt. These are people that have been more enlightened in their definition of national interest and more critical of the Jewish lobby and of other manipulative private sector forces. But they’re strictly, and properly, categorized as realists, A more progressive possibility, but probably still too controversial for serious consideration, would be Chas Freeman despite his distinguished diplomatic background. Obama wanted to give him an important position in the State Department. But he was perceived even in 2009 at that time as sufficiently controversial as to be blocked, and Freeman’s proposed appointment was withdrawn. Obama himself is an outside possibility. He’s privately let it be known that he’s quite critical of the way in which Israel has behaved in this period. He is oriented toward domestic policy yet would like to promote a more peaceful, less war oriented world. But whether he would be willing to play that kind of role, having been previously President is uncertain, and whether Harris would want such a strong political personality within her inner circle remains uncertain. Possibly, if he was willing, he could be the US Ambassador at the UN or some kind of other position. But it’s strange that in a country of 330 million people, there are so few individuals can both back a progressive foreign policy agenda and get by the gatekeepers, a part of whose job is to make sure that more progressive voices are not appointed to top foreign policy positions. So, for instance, someone like Chomsky or Ellsberg, if heallthy, would be perhaps amenable to serving in a Harris government. And she might be eager to chart a somewhat independent path and give more sensitive attention to foreign policy and more support to the people that have been suffering from inflation and other forms of deprivation resulting from a cutback in social protection that has occurred in the last decade or so.

Mike Billington : In a more general sense, you’ve been critical of what you call the “incredible stance of Democratic Party nominees to be silent this year about the world out there, beyond American borders, at a time when the US role has never been more controversially intrusive.” As you know, Helga Zepp-LaRouche, the head of the Schiller Institute, has initiated an International Peace Coalition (IPC) which is aimed at addressing that problem, bringing together pro-peace individuals and organizations from around the world, many of whom have different political views, but to put aside those differences in order to stop the extreme danger of an onrushing nuclear conflict with Russia, and also possibly with China, and to restore diplomacy in a West which has fully adopted the imperial outlook of the British Empire, which they now call the “unipolar world.” How can this movement be made strong enough to make those kinds of changes in the paradigm?

Prof. Falk: That’s an important challenge. There are other groups that are trying to do roughly parallel things. I’ve been involved with SHAPE [Save Humanity And Planet Earth], the group that Chandra Muzaffar is one of the three co-conveners along with Joe Camilleri [and myself]. But it’s extremely difficult to penetrate the mainstream media, and it’s very difficult to arrange funding for undertakings like your own, that challenge the fundamental ways that the world is organized. The whole point, I think, of these initiatives is to create alternatives to this kind of aggressively impacted world of conflict, and to seek common efforts, common security, human security, that humanistically meets the challenges of climate change and a variety of other issues that are currently not being addressed adequately. But this kind of development depends, I think ultimately, on the mobilization of people. Governments are not likely to encourage these kinds of initiatives. The question needs to be rephrased: how does one mobilize sufficient people with sufficient resources to pose a credible challenge to the political status quo in the world?

Mike Billington : In that light, Helga Zepp-LaRouche has also called for the founding of what she called a Council of Reason, reflecting back on the Council of Westphalia, which led to the Peace of Westphalia, where people of stature, as you indicated, are brought to step forward and speak out at a time when that kind of truthful, outspoken approach is sorely lacking and very, very much needed. What’s your thought on that?

Prof. Falk : I think all such initiatives help to build this new consciousness that is more sensitive to the realities of the world we live in. There has been, as you undoubtedly know, a similar Council of Elders composed of former winners of the Nobel Peace Prize and a few selected other individuals, but it hasn’t had much resonance either with the media or with government. It’s very difficult to gain political space and non-mainstream credibility the way the world is now structured, as empowered by a coalition of corporate capitalism and militarized states. It’s hard not to be pessimistic about what can be achieved. But that doesn’t mean one shouldn’t struggle to do what at least has the promise and the aspiration to do what’s necessary and desirable. And the Counsel of Reason, presumably well selected and adequately funded, and maybe with an active publication platform, could make contributions to the quality of international public discourse. It’s worth a try, and I would certainly support it.

Mike Billington: I appreciate that. What are your thoughts on the peace mission undertaken by Viktor Orban?

Prof. Falk: Well, I don’t have too many thoughts about that. It seemed to coincide what many independent, progressive voices were saying. In any event. The interesting thing about Orban’s advocacy is that he’s the leader of a European. state, and therefore his willingness to embark on such a journey and to seek ways of ending the Ukraine conflict is certainly welcome. He, of course, has a kind of shadowy reputation as a result of widespread allegations of autocratic rule within Hungary. I don’t know how to evaluate such criticisms I haven’t been following the events in Hungary, but he’s portrayed in the West as an opponent of liberal democracy. And for that reason, he doesn’t receive much attention from the media or from Western governments overall. Orban’s message seems too deserve wider currency, but whether he can deliver that message effectively seems to me to be in fairly significant doubt. I think the Chinese are in a better position to make helpful points of view toward ending the Ukraine War.

Mike Billington : You’re saying that he is accused of being against “liberal democracy.” Do you think criticism of liberal democracy is wrong?

Prof. Falk: No, no. I consider myself a critic of liberal democracy. But I think liberal democracy remains  powerful in the West because it’s linked to corporate capitalism on the one side, and the most militarized states on the other side. The liberal façade of these Western states purports to be guided by the rule of law and human rights, presenting an attractive image to many people who close their eyes to the contradiction in the behavior of these states, especially in foreign policy.

Mike Billington : You’re generally very pessimistic about the US election, saying that you saw the choice — this was before Biden dropped out — but you saw it as “a warmonger and a mentally unstable, incipient fascist.” That’s pretty strong. You welcomed Biden dropping out, but do you see any improvement in the choices today?

Prof. Falk: Yes, I see at least the possibility of an improvement, because we don’t know enough about how Kamala Harris will try to package her own ideas in a form that presents an independent position. It’s conceivable it would even be to the right of Biden, but I don’t think so. Her own background on domestic issues is quite progressive and at the same time pragmatic. As a younger person, she has a mixed record, to say the least while serving as prosecuting attorney and attorney general in California. But I think there is a fairly good prospect that she will be more critical of Israel during the last several years as Biden’s vice president. She has already indicated a determination to not support Israel, at least openly, if they engage in a massive killing of Palestinian civilians. She probably feels she is walking a tight rope to avoid alienating Zionist funders and others who would be hostile should she show a shift to a more balanced pro-Palestinian position.

Mike Billington : you referred to Trump in that passage as a warmonger. But on the other hand…

Prof. Falk: No, you misunderstood me. Biden is the warmonger.

Mike Billington : Oh, a “warmonger and a mentally unstable, incipient fascist.” I got it. So those terms were both as a description of Biden.

Prof. Falk: I would never call Trump “peace minded,” but he has at various points suggested an opposition to what he and others have called “forever wars,” these US engagements in long term interventions that always seemed to have ended up badly, even from a strategic point of view, such as Iraq and Afghanistan. But Trump is so unpredictable and unstable that I wouldn’t place any confidence in his words or declared interntions. He does seem determined to move the country in a fascist direction if he’s successful in the election. And if he isn’t successful, he seems to want to agitate the country sufficiently so that it experiences some level of civil strife, or at least unrest.

 Mike Billington: Well, he clearly is insisting that there must be peace and negotiation with Russia on the Ukraine issue. Do you see any hope that he would also negotiate with China in terms of the growing crisis there?

Prof. Falk: I doubt it because of his seeming perception of China as an economic competitor of the US, and as one that, in his perceptions has taken advantage of the international economic openness to gain various kinds of unfair economic advantages. I think he is, if anything, more likely to escalate the confrontation with China and at best to put relations on a very transactional basis, which suggests that only when it was to the material benefit of the US would the US Government in any way cooperate with China even for the benefit of the public good. 

Mike Billington: Of course, we saw just recently in China that the Xi Jinping government brought many diverse Palestinian factions together in Beijing, and that they did come to an agreement. What are your thoughts on the agreement that they came to and what effect will that have?

Prof. Falk: It seems helpful.  I hope it lasts. There have been prior attempts, mostly in the Middle East, mostly with Egypt playing an intermediary role, especially before the present Sisi government. And none of these earlier unity arrangements have lasted. There is a lot of hostility rivalry among the PLO, Fatah Hamas, and several other Palestinian factions. It relates to the religious – secular divide, differences of personality, patterns of corruption, and opposed adjustments to Israeli criminality. It was encouraging to me that Mahmoud Abbas, the head of the Palestinian Authority, condemned the assassination of Haniyeh. That, I think, was an early confirmation of the potential importance of this Beijing Declaration and the successful, at least temporarily successful, effort at bringing these Palestinian factions together in common struggle. And from the Palestinian point of view, unity has never been more important as a practical matter to achieve and sustain any hope of statehood or realization of their right of self-determination. The entire future of Palestinian resistance probably depends on being able to have a more or less united front to sustain hopes that a post-Gaza arrangement will be beneficial for Palestine.

Mike Billington : You recently signed an appeal which was issued by the Geneva International Peace Research Institute, which has called on the International Criminal Court (ICC) to investigate the President of the European Commission, Ursula von der Leyen, for alleged complicity in war crimes and genocide committed by Israel. What are your expectations for that effort?

Prof. Falk: The ICC, the International Criminal Court, is much more susceptible to political pressure than is the International Court of Justice (ICJ), which is part of the UN and came into existence when the UN was established back in 1945. The ICC was established recently, in 2002. It doesn’t have many of the most important countries among its members or signatories to its treaty, the so-called Rome Treaty. It would be a pleasant surprise if the Chamber of ICC judges follows the Prosecutor’s recommendation and issues these arrest warrants. Already, Netanyahu has given the recommendation of the prosecutor an international visibility by denouncing them and calling on the US and, and the liberal democracies to bring pressure on the ICC to avoid issuing the warrants. And that reflects the strong impression that even though Israel defies international law, its leaders are very sensitive about being alleged to be in violation, especially of international criminal law and particularly of the serious offences alleged to have taken place in Gaza. The basis for recommending arrest warrant for Israeli leaders doesn’t extend to cover the elephant in the room — genocide. It enumerates other crimes that Israel, that Netanyahu and Gallant, are said to be guilty of perpetrating, and does the same thing for Hamas, in trying to justify issuing arrest warrants for the three top Hamas leaders. Of course, they don’t have to worry about Haniyeh anymore, and I think, I’m pretty sure he was one of the three Palestinians who were recommended as sufficiently involved in the commission of international crimes on October 7 to justify the issuance of arrest warrants.

Mike Billington: As I mentioned, you were the UN Special Rapporteur for Palestine from 2008 to 2014. During that period, you were regularly declared by Israel to be an anti Semite for things you said and did during that time. I’d be interested in your thoughts on that at this point. Also, the current person in that position, Francesca Albanese, is also under attack from Israel. What do you think about her role today?

Prof. Falk: Well, as far as my own role is concerned, the attacks came not directly from the government, but from Zionist oriented NGOs, particularly UN Watch in Geneva and some groups in the US and elsewhere, all in the white Western world. I mean, all the attacks on me. And of course, they were somewhat hurtful. But this kind of smear is characteristic of the way in which Israel and Zionism has dealt with critics for a long time. Jeremy Corbyn, the Labour Party leader in the UK, has been a victim of such a smear and defamatory campaign. It’s unfortunately a tactic that has had a certain success in branding one as lacking in credibility, and thus not fit to be listened to by the mainstream. Israel and its Zionist network are not interested in whether the allegations are truthful or even grounded in factual reality. This effort has as its primary aim the deflecting the conversation away from the message to the messenger.

And they’ve done, shockingly and without shame, the same thing with Francesca Albanese, the current Special Rapporteur. Francesca is an energetic, dedicated, very humanistic person and gives no signs of anhy kind of ethnic prejudice, much less anti-Semitism. She’s written very good reports in the time she’s been the Special Rapporteur, and bravely and forthrightly confronted her attackers.

It’s a real disgrace that this unpaid position at the UN is dealt with in such an irresponsible and personally hurtful way. The special rapporteurs enjoy independence, which is important in such roles, but they’re essentially doing a voluntary job, that frees them from the discipline of the UN, but also makes them vulnerable to these personal attacks that are intended to be vicious. The UN does nothing very substantial to protect those of us that have been on the receiving end of this kind of ‘politics of deflection.’ UN passivity reflects a core anxiety within the UN bureaucracy centered on losing funding from the countries that support Israel.

After I finished being Special Rapporteur, I collaborated with Professor Virginia Tilley to produce one of the first detailed reports in 2017 examining contentions of Israeli apartheid. The report was denounced by Nikki Haley [US Ambassador to the UN] in the Security Council soon after its release. I was singled out by her as a disreputable person undeserving of serious consideration. The UN secretary General Guterres, newly appointed at that time, was publicly threatened by Haley with withholding US funds if he didn’t remove our report from the UN website, and to our regret he complied. He removed the report, though it was already the most widely read and frequently requested report in the history of the Economic and Social Commission for West Asia, which is a regional commission of the UN.

Mike Billington: And who was it that ordered it removed?

Prof. Falk: Guterres. Yes. Removal caused a stir. The head of this UN agency, the Economic and Social Commission for Western Asia (ESCWA), was a civil servant named Rima Khalaf who resigned her UN post as a consequence of what was done. Our report was commissioned as an independent academic study. We were treated as scholars and not as UN civil servants. But the report was sponsored and accepted by a UN agency, and thus could not entirely escape its association with our conclusions that were controversial at the time.

Mike Billington: Is there anything else you’d like to add before we close?

Prof. Falk: No, I think we’ve covered a lot. I would hope that things will look better in a few months, but I’m not at all confident that they will. They could look a lot worse if this wider war unfolds in the Middle East. And if they are new tensions that come to the surface in the Pacific area. I find myself clinging to this marginal hope that Kamala Harris will not only win the election but surprise us by being more forthcoming in promoting an enhanced image of what a liberal democracy means internationally.

Mike Billington: Let us hope. Well, thank you very much. I appreciate your taking the time to do this at a critical moment, with your own personal role in the Middle East having been so important historically and still today. So we’ll get this circulated widely. And let’s hope that, in fact, we do see a big change at a moment where the crisis is such that you would think people would be stepping forward all over the world to stop the madness.

Prof. Falk: Yes but they need — I found that they need the entrepreneurial underpinning. They have to have the support, sufficient funding. Support so that their words will have weight. This unfortunate, but it’s one of the political dimensions of the imperative: ‘follow the money.’ 

Mike Billington: Something we’ve always had to deal with in the LaRouche movement. I invite you to join us on Friday, we will have the 61st weekly meeting of the International Peace Coalition, at 11:00 East Coast time, on Friday. And it would be very useful if you could attend and perhaps say some of what you said today in this interview or if that’s not possible, perhaps we could read a section of what you said today, during that event. So I’ll correspond with you to see if you can attend on Friday.

Prof. Falk : I know that I can’t because I have to attend a conference in Istanbul. I’m living these days in southern Turkey, a plane ride away from Istanbul. And I’m taking part in a conference on international law after Gaza , a little bit optimistic in the title. I’m occupied all day either with this trip or with my role at the conference.

Mike Billington: All right. Well, I’ll correspond with you about whether we may be able to read a portion of what you had to say in the interview today for the for the attendance.

Governing Gaza After Genocide

4 May

[Prefatory Note: Responses to questions posed to Richard Falk by Rodrigo Craveiro of CORREIO BRAZILIENSE on May 4, 2024 as yet unpublished.].


1–Israeli officials are weighing sharing power with Arab states in postwar Gaza. How do you see that? And would you say Palestinians would accept such format?

Such a format seems like nothing more than a cover for continued Israeli governance of Gaza. The governments of Egypt, Saudi Arabia, and the UAE are more opposed to Hamas (and Iran) than to Israel, fearful of their own stability in relation to populist Islamic actors. This reality is reinforced by the fact that the majority Arab populations in these three countries are strongly in support of the Palestinian struggle for basic rights, and totally opposed to Israel’s reliance on genocidal tactics in Gaza since October 7.

The Palestinians who are represent the forces of resistance to continuing Israel occupation have been strengthened by the post-Octobe 7 Israeli retaliatory campaign and would certainly not accept such a format except under the most extreme coercion, such as possiblly to avert a murderous attack on the crowded city of Rafah now sheltering over a million Palestinians under horrifying conditions. Even though collaborationist Palestinian elements centered in Ramallah mighta be tempted by such a format if given a renewed role in the governance of Gaza. Any such arrangement if accepted in the present context would give rise to a tidal wave of violent resistance on the part of many Palestinians.

2–  Israel would offer to share oversight of the Gaza with an alliance of Arab countries, including Egypt, Saudi Arabia and the United Arab Emirates, as well as the United States. How do you see that?

As indicated above, I see this kind of proposal as a non-starter unless coupled with a clear path to Palestinian statehood encompassing the West Bank and Gaza, with its capital in East Jerusalem. And even then, the Palestinian state would be accepted by legitimate representatives of the Palestinian people only if reliably assured of equal sovereign rights to those of Israel and reparations and other funding sufficient to rebuild devastated Gaza. An abridged Palestinian state by way settler enclaves, diminished territory, demilitarized security, and borders monitored by Israel would not be acceptable, and if accepted out of desperation, would not be long viewed as legitimate by Palestinians, giving rise to renewed struggles to overcome such constraints on sovereignty.

3– And how do you analyze this spreading of pro palestinian protests throughout US and now in Paris? What will be impact of that?

The outbreak of widespread protests in favor of the Palestinian struggle exhibit growing frustration with the complicity of the US Government with what a large proportion of younger Americans believe is a case of clear Israeli genocide, and with obstructive efforts at the UN led by the USG to protect Israel from ceasefire demands and non-interference with humanitarian aid given the emergency conditions that are perceived as prevailing in Gaza. The protests are long deferred reactions to the frustrations generated by Congress and the White House, especially their refusal to support international law and the UN, as well as simple morality In response to the transparent portrayal of genocide in real time. All prior genocides, including the Holocaust, have been known and knowable only in retrospect through reports, trials, films, and memoirs. The Gaza genocide has been daily confirmed by TV imagery and reportage areas of devastation and sites of atrocities.

There are likely to be impacts of the protests acknowledged and unacknowledged the extent of which is presently uncertain. Already there is widespread speculation that the protests and their repression has gravely weakened Biden’s prospects for reelection and make Trump the favorite in November. Biden has repeatedly declared that he will not change policy toward Israel, and the recent approval of additional military assistance by a one-sided bipartisan vote in the U.S. Congress suggests that there will not be in the short-run a dramatic shift in Washington’s pro-Israel orientation. This could change rather abruptly if Israel goes ahead with its planned repeatedly pledged military operation in Rafah, which if it occurs might well result in massive Palestinians casualties.

An important variable concerns whether the current protests, and their suppression, will produce a sustained movement of opposition and reform or wither away. The present flurry of campus activism could quickly disappear if the events in Gaza are somehow brought under stable non-violent control. Although there may be present a latent revolutionary impulse to challenge the plutocratic and militarist erosion of Americann democracy before it is too late.

Netanyahu Failed in Gaza, Tries to Widen War

20 Apr

I

[Prefatory Note: Interview by Mohammad Ali Haqshenas, initially published on April 20, 2024, by International Quran News Agency. In light of the relative mildness of the Israeli response, I would revise somewhat my responses below. It now seems either that the US reaction to the Damascus attack or the concerns of the Netanyahu war cabinet rejected, at least for now, the temptations of a wider war. Iran as well seemed to accept an outcome of its retaliation directed at Israel, resulting in neither death nor damage was nevertheless sufficient for its purposes. The overall situation remains unstable, and hence uncertain, but Netanyahu’s escaping accountability for failures in Gaza seems for the present to rule out the option of a wider war against Iran, with US active involvement.]

QNA – Israeli prime minister Benjamin Netanyahu has failed to achieve goals in the “inhumane” war on Gaza and seeks to widen the conflict, a former UN special rapporteur says.

Netanyahu Failed in Gaza, Tries to Widen War: Ex-UN Rapporteur

“Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests,” Richard Anderson Falk, a professor emeritus of international law at Princeton University, told IQNA.

The comments come amid boiling tensions in the region after the Israeli regime targeted the consular section of the Iranian embassy in Damascus, Syria, on April 1.

The attack claimed lives of high-profile Iranian military personnel that were in Damascus on advisory mission.

Faced with the international organizations’ inaction, Tehran decided to respond to the attack. Iranian armed forces launched Operation True Promise with dozens of drones and missiles against military targets in Israeli-occupied territories on April 14.

What follows is the full text of the interview with Professor Falk about the issue: 

IQNA: What do international laws and conventions say when it comes to targeting a country’s diplomatic mission?

Falk: The immunity of consular facilities from international attack is one of the most widely respected and uncontroversial commitments of international law as formalized by the Vienna Convention on Consular Immunity. Even without this Convention Israel would be bound by a similar body of constraints that are considered part of “customary international law” or enjoying the status of “jus cogens” norms, binding on all sovereign states whether or not a treaty exists, and in the event that a treaty exists, being a non-party does not relieve a government of a sovereign state to comply with the legal framework.

In this instance such arguments are unnecessary as both Israel and Iran are parties to the Vienna Convention as are another 191 states. 

IQNA: Following the Israeli strike against the Iranian consulate in Damascus, Tehran urged the United NationsSecurity Council to condemn the strike but the Council failed to do that due to the US support for Israel. What does this inaction mean when we take into account the responsibilities of the UN to maintain international peace?

Falk: Such action in the UNSC by the USA to insulate Israel from its obligation to comply with international law with regard to consular and embassy immunity is a reminder that when it comes to enforcing international law, the UN was designed to be weak, giving a right of veto to the five countries victorious in World War II, which arguably is the UN’s greatest deficiency when it comes to achieving the paramount war prevention goals of the UN.

In effect, the 1945 architects of the UN subordinated upholding international law to according primacy to these five geopolitical actors in relation to enforcement or even interpretation of relevant legal obligations. Although only five countries are accorded a right of veto in the UN Charter, it has been used, especially by the US to thwart the will of the majority of states and of members of the UN by being extended to shield “friends” and allies from accountability.

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Some years ago the Turkish leader, Recep Tayyip Erdogan, complained about this situation by the pithy phrase “the world is greater than five.” The world may be greater, but the UN is not. There are many situations of this kind concerned with securing compliance with international law by UN members who cannot veto a proposed UN decision but enjoy a sufficient special relationship with one of the five that suffices to block any UN enforcement initiative taken against it.

IQNA: What are the long-term implications for international law if such attacks go unchecked?

Falk: The implications for international law are what they have always been in modern times. When the obligations of law clash with the strategic interests of powerful states, geopolitical policies prevail, and the core obligation of the rule of law (treating equals, equally) is ignored. This generalization applies to the pre-UN history of international relations.

A good example is the war crimes trials conducted at Nuremberg and Tokyo in 1945 where the crimes of the victors were exempted from legal scrutiny while the crimes of the losers were the subject of indictment, prosecution, and punishment. More concretely, the atomic bombings of Japanese cities and the strategic bombing of German cities were accorded impunity. A double standard highlighted by being described as “victors’ justice.”

It is a mistake to conclude that international law is useless because of this subordination to geopolitics. For one thing, an effective international legal order is essential to sustain the stability of relations in most areas of interaction among sovereign states. Trade, investment, finance, communications, travel and tourism, diplomacy are among the areas of international life that depend on mutuality of interests and the practice of equality when it comes to enforcement and implementation.

Many would insist that the US has weakened the UN by its “irresponsible statecraft.”

Beyond this, “responsible statecraft” by dominant states (‘dominance’ does not refer to the same political actors that possess veto rights at the UN) can unilaterally exercise restraint in the use of the veto or in pursuing conflictual behavior. Many would insist that the US has weakened the UN by its “irresponsible statecraft.” The extent to which the US has managed relations between the UN and Israel in an excessive manner is illustrative.  It is as much a reflection of domestic political considerations as it is of the international conflictual context.

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Even when international law is flagrantly violated as it was in the Damascus attack, and Israel is protected against a punitive response at the UN, the impact on world opinion, global solidarity initiatives, and the clarification of legitimacy ensure that international law plays a role in the behavior of states. Populist action often influences the actions of leading geopolitical actors.

In the post-1945 anti-colonial wars the weaker side militarily generally prevailed politically, in part because international law and the flow of history was on their side. Transnational activism in the form of boycotts and sanctions often is vindicated by assessments that the targeted country is violating international law in serious ways.

International law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions.

In short, international law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions. This dynamic contributed to the collapse of the apartheid regime in South Africa 30 years ago and it is mounting ever stronger pressure on Israel in light of its Gaza genocide, further justified by its defiance of international law.   

IQNA: Iran said it used its legitimate right to self-defense by launching strikes against Israel. What do international laws say about this?

Falk: There are several issues present. Does a single attack of this nature, however unlawful, engage the right of self-defense as specified in Article 51 of the UN Charter. This Charter definition is linked to “a prior armed attack” as distinct from an act of aggression, but given the paralysis in the UN, it might be deemed reasonable in view of the frequency of past lethal violations of Iran’s sovereign rights and the failure to take any punitive action against Israel’s defiant attitude in shaping national policy in the security domain.

A further international law issue concerns matters of proportionality and discrimination. Estimates vary as to the scale of the Iranian attack involving 170 or more drones, 120 ballistic missiles, and 30 cruise missiles, and yet little damage resulted, and no one killed. As Iran gave some notice of its planned retaliation to the US and other governments, it may have intended, as some commentators have suggested, that its retaliation for Israel’s responsibility in relation to the Damascus attack, its retaliation to be symbolic and performative, rather than a full-scale attack as suggested by the array of drones and missiles.

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To some extent, because of enforceability issues, what a state does in retaliation for such one-off violation of its sovereignty is assessed and judged in relation to precedents reflecting past practice. If deemed to be consistent with such practice it is legitimized and widely viewed as reasonable, whereas if not, it is regarded as unacceptably provocative. Israel has reacted to the Iranian attack of April 14 as an unacceptable provocation, despite its own prior attack causing high-profile Iranian deaths and the paucity of damage inflicted by Iran’s retaliation. Israel is proposing a retaliation to Iran’s retaliation. If Israel carries out its threat in a way that causes death and destruction in Iran it is almost certain to escalate the conflict in dangerous ways. When acting in these grey sectors of law, such as the law governing international retaliation, the criterion of reasonableness offers some guidance to both actor and responder. Of course, perceptions of reasonableness may vary greatly.

IQNA: Some analysts believe that the Israeli regime targeted the consulate to escalate tensions with Iran and use this as a cover to continue its massacre of Palestinians in Gaza. What is your take on this and how can Tel Aviv be held accountable for its crimes in Gaza?

Falk: As suggested above, Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests. The backgrounding of the Ukraine War in light of the events in Gaza lend plausibility to this kind of ‘politics of deflection.’ Israel is a master of shifting public attention from its crimes to its critics or to lesser objects of concern.

Achieving accountability in a legal sense is almost impossible so long as the Global West, especially the US, supports Israel. Any sort of attempt at imposing accountability through the UN can be blocked by casting a veto in the Security Council, which the US has not been reluctant to do. Accountability in its political sense could be achieved if Israel is treated by many governments in the Global South as a “pariah state” as was the experience of apartheid South Africa; also important are solidarity initiatives rooted in civil society activism. Accountability in a moral sense is exhibited by public expressions of outrage on the part of peoples the world over as well as by the frustrations caused by unenforceability of ICJ decisions.   

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IQNA: What do you think about the efforts of the ICJ to hold Israel accountable for its genocide in Gaza, especially given that the regime is planning an attack on Rafah where more than 1.5 million displaced have taken refuge?

Falk: This question raises complicated issues. The initiative in the ICJ has been greatly important for passing judgment on Israel’s moral and political wrongdoing with respect to the Gaza genocide yet limited in effectiveness. The ICJ has been unable to implement the persuasive legal pronouncements of its Interim Orders of January and March instructing Israel to take actions to mitigate further suffering of the Palestinian people. Israel has refused compliance, backed by the US, and seems poised to go ahead with its threatened attack on grossly overcrowded Rafah, with expectations of shockingly high casualties.

The ICJ and the UN generally are neutralized by “a crisis of implementation.” In the face of stubborn geopolitical resistance, it lacks the mandate, will, and capabilities to enforce international law, let alone promote global justice. If the UN became more robustly endowed, an obvious undertaking would be to form an International Protection Force that would give meaning to the Responsibility to Protect norm. As things are, such a justifiable response to genocide is unthinkable, which conveys a lot about why so many people are disappointed by or frustrated with the UN.

Professor Richard Anderson Falk is the author or co-author of 20 books and the editor or co-editor of another 20 volumes. In 2008, the United Nations Human Rights Council (UNHRC) appointed him to a six-year term as a United Nations Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967”.

The views and opinions expressed in this interview are solely those of the interviewee and do not necessarily reflect the view of International Quran News Agency.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

9 Mar

[Prefatory Note The post below is long. The article is devoted to several of my recent central concerns. It was initially published in Global Community:Yearbook of International Law and Jurisprudence, superbly edited by Giuliana Ziccardi (Oxford, 2023). Comments and conversation warmly invited. Adapted from annual Edward W Said Memorial Lecture entitled “The Enduring Legacies of Edward Said,” The American University in Cairo, Nov. 4, 2023]

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

Richard Falk

Abstract

An exploration of forms of interaction bearing on the assessment of advocacy jurisprudence. This entails underlying reflections on relations between

scholarly identity and public engagement as contextualized by Israel’s military response in Gaza. to the October 7 Hamas attack, featuring a comparison between partisanship in legal inquiry and in the interpretation of literature. It also involves a jurisprudential orientation that presupposes the inevitability of partisanship and favors an explicit acknowledgement rather than pretensions of objectivity, which implies my bias against legalism and its replacement by a disciplined insistence that political and moral contexts be brought into the open. The overall rationale for such an approach is to seek a better alignment between law as practice with justice as the embodiment of humane values exhibiting universal criteria. Although these considerations apply to any legal system, the preoccupation of the article is with conceptions and applications of international law.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence*

Richard Falk**

Prelude

My career as a teacher and writer on international law has been devoted to realigning law with justice, which involved identifying and deconstructing Orientalist biases that reflected early European tendencies to use law to advance geopolitical interests while simultaneously promoting a llegitimating ideology of civilizational and racial superiority with countries associated with the Global West.[1] Of notable prominence in this regard, was the use of international law to accord legal respectability to European colonialism, including settler colonial offshoots in North America, Australia, and New Zealand. Jurists played their part by validating colonial relationships and obscuring the cruelties of colonialist behavior in many settings, including the acceptance of practices and policies now proscribed as ‘genocide’ but were treated neutrally as falling into the domain of conflictual politics, that is, beyond the limits of legal accountability so long as the perpetrators were white Christains and the victoms were persons of color. Only when the victims were ‘European’ as with the Armenians (1915) and later, the Jews, was the idea of criminalizing such behavioral patterns given a name and taken seriously as ‘the crime of crimes.’ Yet the racist/civilizational elements have not been fully eradicated as the political violence in Gaza illustrates where the Palestinian victims are dehumanized and the Israeli perpetrators are given legal cover by speciously inapplicable claims of self-defense.

In the course of seeking concretely to align law with justice I often found greater inspiration and kinship less with my law colleagues in the Global West, with some notable exceptions, and more  with what we now identify as dissenting public intellectuals in such cognate disciplines as cultural studies, history, humanities, and social science. In this personal professional trajectory I found Edward Said’s work and public life to be inspirationally congenial as well as motivated by similar humanistic goals that I loosely associate with justice, an admittedly subjective category that needs to be explicated in concrete circumstances.[2]

There are admittedly unsettling features of such a jurisprudential standpoint. The epistemology underlying such a viewpoint adopts certain juridical points of light while rejecting others and interprets them in context, such as the prohibitions imposed on genocide, apartheid, and ecocide, or the Charter llimitations on the use of force in international relations. In almost every concrete instance there is room for contradictory interpretations of what the law prescribes, suggesting that all assertions of unlawfulness or humanistic claims of justice involve advocacy, either for or against fand seek distance from the artificial clarity insisted upon in mainly prevailing legal traditions that strive for an ideals of objectivity.[3] Those that do government lawyering, perhaps motivated by ideology, ethical conceptions, or notions of stability and balance, are similarly selective in interpreting facts and law so as to ensure that international law conforms to their preferred foreign policy commitments. Law functions in such settings as a source of justification, and the articulation of intellectual support in scholarly or journalistic settings is also premised on advocacy jurisprudence, although typically disguised for the sake of persuasiveness. Such work is performed by what might be called ‘assenting public intellectuals’ who characteristically have access to the most influential media platforms as well are welcomed in the corridors of government. To reverse the slogan of dissenters, it is a matter of ‘power talking truth,’ which perceived by oppositional tendencies in civil society as legal cover for state propaganda.

It is my intention here is to discuss law and geopolitics in the inflamed atmosphere of the ongoing high intensity violence taking place in Gaza, alleged to be a response to the Hamas attack in a series of Israeli border communities on October 7, 2023. Edward Said’s life and work as a Palestinian public intellectual living in America seems highly relevant to gain insight into my underlying objective of achieving a better alignment of law and justice. Justice is here conceived in a first approximation as overcoming the hegemomic, hierarchical, and racializing nature of international law in its historical, cultural, and political roles as validating the civilization behavior and biased of the Global West/ A second approximation by reference to contemporary instruments of international human rights law, international humanitarian law, international criminal law, as well as the Nuremberg Principle and certain provisions of the UN Charter.[4] A third approximation occurs when a judicial tribunal issues a judgment that draws conclusions as to the law on the basis of considering the positions advocated by the contending parties. A fourth approxiximation occurs at levels of enforcement and accountability.  

Without the strong support of Proofessor Giuliana Ziccardi, as the exceptional veteran editor of the Yearbook I would not have had the courage to attempt to link what was originally a lecture on the life and legacy of a great public intellectual in conjunction with my efforts to align law with justice in international public discourse and even more so in the behavior of sovereign states. 

Edward Said’s relevance

It would be insensitive to any remembrance of Edward to frame my reflections on his legacy without also highlighting the uncertain, presently unknowable significance of the extreme gravity of the historic tragedy deeply afflicting the entire, previously long abused civilian population of Gaza explained and now justified by Israel as a response to the Hamas attack of Oct 7th. With each passing day of devastation and atrocity associated with Israel’s military attack, the Hamas provocation, terrible as in its own way it was, it seems increasingly detached from Israel’s extended response. Israel tries to keep the connection to the attack relevant to its disproportionate response by stressing the plight of an estimated 240 or more hostages being held by Hamas, itself a distinct war crime, and by media reports about the deep fissures in Israeli confidence that they were living in a secure atmosphere.[5] Yet as far as public disclosure so far reveals, Israel’s government fails to negotiate a prisoner exchange, and engages in an an unlimited attack that does not seem to offer much of value in exchMy attempt is to reflect on Edward’s amazing legacy while contextualizing these remarks in the current agonizing encounter that are darkening the storm clouds that have long haunted the future of the Palestinian people.

A Few Words on Edward’s Life

When thinking about what aspects of Edward’s varied, vivid personality and wide range of valuable writings I first felt overwhelmed. I took the easy way out by deciding to speak somewhat generally about Edward’s extraordinary legacy that makes his life, ideas, and perspectives more relevant 20 years after his death than when he was alive. Few scholars gain by their publications Edward’s influential intellectual afterlife.

It is difficult to talk about Edward without understanding what he meant to convey in his praise for a dissenting ‘public intellectual.’ Edward’s wished to affirm those for whom their signature trait was truth-telling and bearing witnessing to performative evil, especially embodying the public authority and the power of the modern sovereign state.

In a revealing interview with Tariq Ali not long before Edward’s death he acknowledged some related worries particularly by what he called ‘the commodification’ of public intellectuals in the US, personified by the then media stardom of Henry Kissinger and Zbigniew Brzezinski, two smart persons who clearly antagonized him by using their screen time to advance an imperial agenda on behalf of their preferred American foreign policy. More generally, Said felt that the think tanks in Washington were stealing the thunder of progressive thought and the high quality of debate that he hoped to engender in university settings and academic writing. It is my sense that that we as citizens are daily exposed to a post-truth public discourse currently deployed, and relied upon, by many world leaders that is far more regressive and alienating than the deteriorating role of public intellectuals that had so concerned Said while he was still alive. Part of what makes this discourse historically now so menacing is that it is rarely challenged by high tech media even in the constitutional democracies that continue to proclaim their political virtues of welcoming debate and tolerating dissent, now best constued as an Orwellian trope that obscures more than it reveals.

It is impossible to consider Edward’s legacy without venturing comments on the experience and contents of his breakthrough book, Orientalism.[6] It was this book that brought Edward fame but also several (mis)readings that bothered him deeply. Edward’s culturally grounded erudite approachto the relations of the West to the Arab world was always nuanced, pointing to the diversities and cultural failings on both sides of the civilizational divide. This made reductive interpretations of such dualisms as speaking of ‘the Orient’ or generalizing about ‘the Orientalist’ deeply misleading. Of course, Edward may have contributed to the confusion by his hostility to Bernard Lewis and his Arabist acolytes’ presentations of the Islamic world. He found such cultural stereotypes well-suited to adoption by imperialists in the post-colonial West as a policy tool, but more because of their policy agenda than their embrace of negative stereotypes about the Arab world and its behavior. There were other scholarly voices in the West whose academic assessments Said found desrving of attention, and often congenial even if containing criticisms of various aspects of Arab behvior. In other words, not all who studied and wrote about the Arab world were guilty of the sins of Orientalism.

Said was most convincing when arguing that the literary works in colonial Europe gave a moral underpinning to colonizing mentalities. These works brilliantly analyzed by Said did, perhaps unwittingly, serve indirectly the dark designs of imperial activists, and still do. It was a major contribution of Orientalism to make many aware of the Orientalizing tendencies of those seeking to exploit the resources and manipulate the strategic outlook of Islamic World elites in the Middle East.

It is such an implicit framing of the Zionist movement of forced displacement and subjugation of the native resident population of Palestine that underpinned Said’s profound critique of Israel’s 1948 celebratory self-righteous narrative. This narrative for Palestinians will be forever memorialized as the nakba, of catastrophe and exclusion that was not only something that happened in 1948 but describes a process that has continued ever since, and is now is in the midst of one of its most traumatizing iterations. It is this Israeli sense of imperial destiny that is currently continuing the gruesome work of justifying forced displacement and dispossession of the Palestinian people living in northern Gaza, an undertaking done with distressing ferocity. The rationalizations emanating from Tel Aviv are situational, but the impact on Palestinian normalcy are similar, reawakening the nightmare of 1948. Yet in Orientalist centers of power of the West what shocks and angers most of the non-Western world as genocide is claimed to be permissible because characterized as a response to ‘terrorism.’[7] By the use of this word alone Israel frees itself from any need to claim it was acting within the law. Supposedly, the T-label confers on Israel a legal entitlement to forego any pretense that its response to the October 7 attack is proportional and properly restricted to military targets. Israel’s hasbara fictionalizes and distorts the realities of what is happening that either disseminates falsehoods or deflects attention from unpleasant truths.

In contrast, the Palestinians, and the Arab street and peoples of the Global Souh spread throughout the world, including many less educated people than the pro-Israeli policymakers in the West are not fooled. They are moved to take spontaneous action by fiery images of huge bombs dropped on crowded refugee camps and on hospitals filled to capacity with wounded or dead infants, children, and severely injured adults. The peoples of the world, including many in the Global West, are smart enough to believe what they see and put aside the propaganda that they hear, becoming enraged by the steady flow of lame excuses for atrocities put forward by apologists and genocidal ideologues in Israel and their powerful allies in the Global West.

As with Orientalism it would be perverse to address Edward’s legacy without revisiting his approach to Israel/Palestine struggle. The special resonance at this time is certainly worse than what Edward’s darkest imaginings anticipated when contemplating what was the future of Palestine and its people twenty years ago.

While Edward was alive, the unresolved conflict involving Palestine increasingly defined his identity as a public intellectual. As well, the sufferings of the Palestinian people caused him great personal anguish. Edward came to possess one of the few keys that if properly turned decades ago might have avoided much of the ensuing misery for both peoples, allowing Jews and Arabs, despite their historic missteps to learn to live together peacefully and justly, rather than engage in what has become a macabre death dance. Edward’s humanistic vision of what should and could have been now seems as remote as the most distant star in the galaxy.

The horrifying events of recent weeks in Gaza account for this less comprehensive treatment of Edward’s legacy, but is not meant to detract from the pertinence of Said’s legacy to the Palestinian fate. These days it would be escapism, indeed denialism, to downplay the preoccupying bloody atrocities occurring in Gaza. In my view, it is not only Palestinians that are the victims. By its recourse to overt genocidal behavior Israel and Zionism have also irreparably tarnished their reputation, and that of Jews generally, overshadowing the prior historic horrifying experiences of victimization endured by the Jewish people and modernizing successes of Israel. Critical observers long have understood that Israel’s gains were achieved at a great human cost. Israel is now putting itself at risk of being perceived the world over as the most disreputable pariah state of our time.

The catastrophic events daily unfolding in Gaza also encourage a departure from standard academic ways of remembering a cherished scholarly friend from a safe aesthetic distance. Previously I might have mentioned a few anecdotes that displayed Edward’s joie de vivre and essentially comic sense of life. He was great fun to be with despite frequently teasing friends and colleagues in challenging ways, especially expecting friends to do better, whether it was on a tennis court or by an engagement with the Palestinian struggle.

It was my good fortune that our lives touched one another at several levels. Such contacts were apart from the convergence of our shared political commitment to a just and sustainable peace between Israel and Palestine, and elsewhere. To begin with, we both had close ties to Princeton University (Edward thrilled my graduate seminar by taking over the class each year for one session, which had its downside as I had to teach those same students the following week). Edward’s political mentors, Eqbal Ahmad and Ibrahim Abu-Lughod were separately my close friends and the four of us formed a kind of braintrust on Palestine/Israel that met periodically in Edward’s Columbia office. Beyond this, we both over-indulged racquet sports pretending that their value in our lives was partly free psychotherapy. In addition, our children became friends. My first secret adolescent crush was inspired by the daughter of my father’s closest friend who mfany years later she married Edward’s PhD advisor at Harvard with whom he became a lifelong friend, with droll side effect of reconnecting me with this lapsed romantic phantasy of my youth.

Of course, there were also fundamental differences in our lives and identities, which seem relevant to the nature of Edward’s particular worldview and ways of ‘being-in-the-world’:

–Edward’s birth in Palestine, childhood in Egypt, and adulthood in America gave him that ‘out of place’ sense of exile that his early memoir made famous, an image which puzzled others who regarded him as a role model of super-success in academic America. Yet as his enticing autobiography makes plain his sense of not fully belonging anywhere, while emotionally confusing for him at times, allowed him to feel somewhat at home everywhere. This hybridity was integral to his envisioning of reality as combining an intense national outlook associated with his ethnicity to a high culture brand of humanist cosmopolitanism.

In contrast, I was spatially exclusively rooted in the American experience from birth, but as I grew to maturity, so much so as to tempt me to say that I was ‘out of place, in place.’ Gradually I became more marginalized almost to a point that could be labeled a form of voluntary ‘inner exile.’ This strange identity became even stranger when combined with a later sense of being a partial expatriate (mainly thanks to my Turkish wife and the time we annually spend together in Turkey);

–To summarize, Edward and I, in our different ways, despite our different life trajectories, were both inside/outsiders, never rejected by our surroundings but neither were we fully accepted or accepting; although ironically Edward increasingly nurtured and clarified his sense of belonging almost exclusively to the torments and dreams of the Palestinian nation, while I continuously diluted my taken-for-granted childhood sense of belonging to the American nation (and even more so to the American nation-state);

–undoubtedly the biggest difference between us was that Edward wrote Orientalism, with its worldwide persisting influence and impact, while I wrote books on international law that few read unless they were forced to do so by the few idiosyncratic progressive law teachers, always an endangered species in corridors of legal studies, at least in white settler colonial societies.

 Israel’s War Against the People of Gaza  

Despite the extreme grimness of the topic, as indicated, there is no responsible way to evade further commenting upon the horrifying Israeli response to the Hamas attack of October 7 as it relates to Edward’s legacy. This response dangerously reinforced by crucial diplomatic cheerleading and funding support by the United States, climaxing so far in the provocative movement of two aircraft carrier groups into the Eastern Mediterranean. Leading EU members along with the UK went out of their way to lend Israel a helping hand. In view of the ongoing genocidal saga in Gaza this is such a deeply disturbing and dangerous set of developments as to shape the present political consciousness of almost everyone. It has become as the bombs continue to fall in Gaza, especially in Middle Eastern venues, to consider anything other than this unfolding multi-dimensional crisis transparently and vividly portrayed day and night on TV, making the events in Gaaz the most globally transparent instance of genocide in all of human history.

I believe this change of emphasis from what I had originally intended is faithful to the personality, character, and commitment of Edward Said. He possessed remarkable gifts of merging analytical mastery with a passionate ethical/political immersion in the historical present. Confronting what is happening in Gaza, and how it illuminates what is wrong with Israel and the Global West would have certainly aroused in Edward the most intense response of outrage, not only directed at the genocidal policies animating Israel’s leaders cruelly carried out a series of massacres against a totally vulnerable and captive civilian population of Gaza. This ordeal is epitomized by the death, maiming, and traumatizing of every child of Gaza, an outcome of the documented bombing of hospitals, medical convoys, refugee camps, schools, UN buildings. This extreme devastation is further aggravated by the official blood curdling Israeli decree issued by Israel’s Minister of Defense a month ago that totally cut off all deliveries of food, electricity, and fuel to the already impoverished Gazan population, a community already heavily burdened by the world’s highest unemployment and poverty rates, a consequence of 16 years of an economy-crippling blockade. If this were not enough, the Israel attack was waged in a manner that accentuated these terrifying conditions, most unacceptably by the impossible forced evacuation ordering 1.1 million Palestinians in the northern half of Gaza Strip to abandon their homes and livelihoods to go South with no place to go, no safe way to get there, and once there with no place to live and no prospect of a job. This was a fiendish mandatory directive that could neither be followed nor ignored, a nightmare in real life beyond even Kafka’s darkest imagining.

I am quite sure that if Edward was addressing an audience anywhere in the world he would also vent his rage at the complicity of the US government and the refusal of the corporate media to fulfill its commitment to approach world news as if truth and reality were truly its mission. What we find in much of the top tier media in the West is a style of news coverage that is generally faithful to the biases of government policy that has been energetically promoting the dissemination of a pro-Israeli narrative throughout the ‘war’ on Gaza. These views are backed by belligerent government spokespersons and think tanks in Washington that continue even now to present the crime of ‘genocide’ as if it is an instance of justifiable ‘self-defense.’ Instead of giving some attention to responsible critics of Israel’s behavior, even realist mainstreamers like John Mearsheimer, Stephen Walt, and Anatol Lieven, the most respected TV news channels, such as CNN, repeatedly invite as their guests IDF spokesmen or leaders, and an endless stream of generals and Washington foreign policy experts in the West who tend to dwell on the tactical obstacles facing Israel’s unquestioned alleged mission of destroying Hamas as an organization and killing as many of its leaders as it can find. The commentary rarely complicates the portrayal of Hamas as ‘terrorists’ although it often meaninglessly and disingenuously cautions a defiant Israel to conduct its future operations within the limits set by international law and with due regard to the protection of civilians. This is a ridiculous bit of guidance given the complete failure to criticize Israel’s ongoing reliance day after day on Israel’s lawless tactics and decrees from its leaders that lend unquestioning support to the toxic action of its military forces, seem intent on inflicting devastating damage on the person and property of Gazan civilians with no established link to Hamas, and utterly contemptuous of critical voices.

If we are to gain a measure of objectivity it is necessary to deconstruct the main items of state propaganda that has muddied the waters of understanding Gaza violence throughout the Global West, while as noted not fooling the street protests throughout most of the rest of the world. Five points stand out in this regard:

     –first of all, the reductive presentation of Hamas as a terrorist organization when in fact it is the elected government of an Occupied Territory subject to the 4th Geneva Convention which outlines the obligations of the Occupying Power, with a special emphasis on the duty to protect the civilian population.

     –secondly, the manipulative identification of Hamas as nothing other than October 7 attack, which if it is as it seems to be, is certainly an undertaking, however provoked, fraught with extreme criminality and patent cruelly. The Hamas attack even if as barbaric in its execution as being portrayed, and on the basis of past reportage there is reason to be suspicious of Israeli battlefield justifications, overlooks other facts that more adequately delineate the true identity of Hamas. Hamas after being elected and taking control of the Gaza Strip from a corrupt and passive Fatah leadership associated with the Palestinian Authority has been administering Gaza since 2007 despite it being controlled by Israel as the world’s largest open air prison, its inmates further victimized by a punitive blockade years ago described by Israeli official advisors as explicitly implemented to keep all Gazans on a subsistence diet. Whatever else, Hamas is an elected political actor that since 2006 has been representing the people of Gaza, and as such is entitled to exercise rights of resistance although subject to limits set by international law.[8] Hamas earned legitimacy and Pa;estinian respect as a continuing and leading source of active resistance, something that has at least since Arafat’s death in 2004 eluded the international representation of the Palestinian people by the Palestinian Authority despite its well-known collaborative security relationship with Israel, especially resented in the West Bank in recent years.

It should be appreciated that the commission of a war crime, however heinous does not reduce a political actor to such an isolated act that make its reality reducible to an embodiment of terrorism. If this logic prevailed Israel would have been a terrorist movement from the early days of the Nakba in 1948, and many times over before and since.[9] Extreme crimes of a non-state and state actors were perpetrated by the Zionist movement before 1948, and by Israel subsequently. These documented crimes included ‘collective punishment’ (Article 33, Geneva IV) and ‘apartheid.’[10]

In the midst of the Israeli retaliatory fury the UN Secretary-General, Antonio Guterres, tried his best to overcome the good versus evil dualism of Israeli hasbara, as propagated in the West, by telling the assembled governments at the UN that the Hamas Attack, which he joined in strongly condemning, did not occur in a vacuum, which indirectly references Israeli crimes of oppression and Palestinian rights of resistance. For daring to speak truth to power Guterres was pilloried by Israel for suggesting, however mildly and indirectly, that Israel had severely provoked the people and Hamas leadership of Gaza for so long and cruelly that violent acts of resistance were the almost inevitable response, and as such called for self-scrutiny rather than a self-blinding orgy of vengeance. Once more Israel greeted criticism with an angry exaggerated response, demanding the resignation of Guterres and calling this self-evident truth a blood libel against the Jewish people. In this feverish pushback, it fortunately failed in its declared objective, and yet it achieved its most serious intended result of repudiating truth-telling and debate and shifting attention from the message to the messenger. What is remembered is not reminding governments of the context of the Hamas attack, but rather whether the call for the resignation of the Secretary-General was justified or not.

     –thirdly, even those seeking a post-Hamas role for the PLO and PA in Gaza with the status of being the sole continuing international representative of the Palestinian people, acknowledge an unspecified need for what is described as the ‘reconstituting’ of the PA. In coded language relying upon the abused word ‘moderate,’ it seems widely understood by Israel’s supporters as implying zero tolerance for the assertion of internationally certified legal rights of armed resistance and a low-profile advocacy of legal rights of Palestinians including the muting of objections to West Bank settlements and their further expansion. Such restrictions on Palestinian reactions to unlawful Israeli settlement expansion, land grabbing in the West Bank, and settler crimes against the occupied native population being carried out in an atmosphere of impunity and further often facilitated by the greenlighting of Israeli security forces to refrain from offering protection to Palestinians in the face of violent harrassment. Security restrictions imposed on West Bank political activity disappear when it is the Jewish settlers rather than the Palestinian residents that embark on a violent rampage that kills and wounds even those Palestinians who have sullenly adapted to their fate as a permanently oppressed people living according to the whims of an apartheid regime. It is instructive to compare Israel’s middle of the night terrorizing arrests carried out against stone-throwing children or their predatory attacks on Palestinian rituals associated with the harvesting of olives with the forbearance exhibited toward the lethal violence of the Jewish settlers;

     –fourthly, this settler phenomena, itself a direct, defiant, continuous, and massive violation of Article 49(6) of Geneva IV, is the current combat front line of Zionist militants who have long sought sovereign control over the West Bank, and its encouragement is directly subversive of any prospect of a two-strate solution, which despite this, remains the international mantra of advocates of a peaceful solution. One is led to wonder whether this advocacy is a cynical recogniztion of the futility of exerting real pressure on Israel or an example of evasive and naïve wishful thinking. In this sense, as with a skilled magician, some Israeli leaders seem content to have public attention preoccupied with Gaza rather than paying critical attention to the real endgame of Zionist maximalism, which centers on achieving Israeli sovereign control over the West Bank, the only part of ‘the promised land’ yet to be reabsorbed into the Jewish supremist, apartheid state of Israel. While we rightly weep over the acute suffering of the Gazans, we should also be taking a hard look at the simultaneous tolerance, more accurately interpreted as encouragement, by Israel’s leaders of escalating settler lethal violence and ethnic cleansing politics in the West Bank.

As with Gaza, the Israeli settlers are not shy about revealing their goals by way of menacing threats directed at the Palestinians. It went almost unnoticed in the Western media that after a recent violent settler demonstration in the West Bank, leaflets were affixed to Palestinian cars in the neighborhood with a simple chilling message ‘leave or we will kill you;’

     –fifthly, it needs to be stressed that the present unity government in Israel is put before the world as a temporary ‘war’ response to Oct. 7.  It was intended to underscore the war narrative, and the need to overcame earlier sharp divisions among Jews about the nature of the Israeli Jewish state. It seems true that the current unity government reflects a broad ethnic consensus among Israeli Jews that ‘vengeance’ without restraint was justified in response to the Hamas attack, and indeed alleged necessary if Israel was to avoid future attacks. More tangibly this meant for those so believing, finding an alternative to Hamas to administer Gaza in ways that curbed Palestinian militancy, whether from Hamas or other Palestinian groups of which Islamic Jihad is best known but not the only one. Liberal Zionists tend to argue that such a policing approach has almost no chance of succeeding on its own in restoring Israeli security unless tied to a peace proposal. To have any chance it needs to be combined with giving the Palestinian people a collective belief that a fair peace can be peacefully achieved within the framework of a two-state solution. Such an envisioned future presumes that Israel is finally prepared ‘to walk the walk’ of a two-state solution comprising at the very least inclusion of the West Bank and East Jerusalem as the capital of the new Palestinian state, as well of course as Gaza. As of now, such a future is the stuff of dreams, and lacks a grounding in the realities of either Israel or the US to be a viable political project.

I find this moderate option to be a totally dubious day after tomorrow scenario—most of all because the Netanyahu-led government emphatically doesn’t want it, and never has; it has almost been erased in our collective memory that the Netanyahu coalition that took control at the beginning of 2023 was generally described even in Washington as the most extremist government when it came to the Palestinians during the entire history of Israel. If Tel Aviv has its way, and now may have more latitude than in the past to establish ‘Greater Israel’ under the smokescreen of Gaza and geopolitical worries about a wider war further damaging the world economy and destructive of fragile regional stability. I firmly believe that this total rejection of Palestinian territorial grievances and rights under international law is at the core of Israel’s real Peace Plan.[11]

Even in the highly unlikely event that Netanyahu is forced to resign for his responsibility in the Oct 7 intelligence/security failure, and the Netanyahu extremist coalition government collapses, this kind of future for Israel/Palestine seems a non-starter. Over half a million settlers in the West Bank will fight Tel Aviv rather than having their expansionist ambitions thwarted by implementing any kind of agreement that requires a durable and humane accommodation with the Palestinians. At minimum a sustainable peace presupposes a Palestinian governing authority that has credibility with most Palestinians and a freeze on further settlement construction or more radically, arrangements for a coerced settler withdrawal to within Israel’s pre-1967 Israel borders. It would also necessitate an Israeli willingness to dismantle apartheid within its own state and implement rights of return for long languishing Palestinian refugees in neighboring countries. Even mentioning the magnitude of these adjustments suggests that liberal Zionists living around the world in secure diaspora conditions have little insight into Israel’s resolve to complete the Zionist Project on its terms, and to accept a variety of political costs associated with such an ambition.

As of now the most probable morning after tomorrow setting is likely to produce Israeli victory claims in Gaza, Hamas nominally replaced by a secular grouping of moderate secular Gazans Israel thinks it can rely upon, and a continuing Israeli effort to secure sovereign control in the West Bank, which implies further measure of ethnic cleansing and is virtually certain to produce a new cycle of Palestinian resistance. The Palestinian response if faced with such prospects will undoubtedly shape new modes and styles of resistance reinforced by a greatly increased global solidarity movements at the grassroots level of people, with the UN essentially silent, and even Western governments wary of continuing unconditional support of Israel. If resistance is sustained in effective initiatives, and complemented by greatly increased support from the region and world, it might signal moves among Israeli elites of the type that produced the South African transformative response to the growing pressure from internal resistance and external solidarity initiatives to dismantle apartheid and constitute a new government based on inclusive human rights, including a long deferred Palestinian right of self-determination.

The outcomes in Gaza and West Bank, although weakening Israel’s standing regionally and globally may have the perverse effect of stiffening the Israeli willingness to risk everything by mounting a final campaign to erase the Palestinian challenge, and not primarily in Gaza, once and for all, even if this means a consummated genocide. It will be up to the mobilized peoples of the region, of the Islamic state, and of the Global West to rise up sufficiently to prevent the fulfillment of such a scenario. At present, there is no sign of this happening, but if the present onslaught in Gaza continues much longer and is accompanied by rising violence in the West Bank such an outcome cannot be ruled out.

Geopolitical Ramifications of Israel’s Campaign in Gaza

A first line of reflection in reaction to this series of alarming developments, is to step back from the immediacy of Gaza, and to suggest the relevance of the global context within which these events have occurred. Before Oct 7 and after the Feb 24, 2022 Russian attack on Ukraine some thoughtful persons began to be conscious that a contested geopolical transition was underway that could affect drastically the world order that emerged after the fall of the Berlin Wall and the implosion of the Soviet Union. The outcome of such a transition could be something that either mitigated or aggravated the dangers of major warfare that were evident before Oct 7.

In the immediate aftermath of the end of the Cold War, there was a burst of enthusiasm in the West, not only for victory over the Soviet Union and what it stood for, but for a more peaceful and prosperous world order. Hopes were invested in a new kind of economistic global setting in which market forces associated with trade and investment would create a benevolent future for the whole world, geopolitical rivalries and militarism would recede, with peace and security anchored in the diplomatic and defensive military capabilities of the United States, given credibility by the war-prone foundation of ‘full-spectrum dominance.’ This sequel to the Cold War, often labeled ‘neoliberal globalization’ was preoccupied with the financialization of the world economy, with government responsibility for the wellbeing of people diminished, while a growing need to meet an ominous ecological challenge caused by the modern carbon-based economy and known to the public by the soothing words ‘climate change,’ a situation best handled by multilateralism, that is, cooperative problem-solving on a global scale.[12]

The real breakdown of this Global West vision came by way of a series of profound order-challenging developments: the spectacular rise of China between 1980 and 2020, the Russian return to the geopolitical stage, and the unresolved conflict between the Islamic world and the West playing out in the Middle East, with oil and Israel being the core issues. In these respects, the Ukraine War and the Gaza War are parallel pivotal developments in these confrontations between the forces of order and those of change that few persons remain reluctant to talk about. Those that champion a  post-colonial reenactment of Western world hegemony as the best attainable framework for peace and security that humanity tend to be advocates of victory over Russian designs in Ukraine,  restraint of China in relation to the future of Taiwan, and wish for Israeli success in overcoming Palestinian resistance the completion of the Zionist Project by way of the formal establishment of Greater Israel.

In effect, this is an argument in favor of a transition to a revival of a world order dominated by the interests, political rhetoric, and economic priorities of the Global West as presided over by a US-led coaltion. The was the case in the aftermath of the other two global transformations of the past century: the end of World War II and the fall of the Berlin Wall, each of which coincided with defeats of fascism and communism, rival ideologies with their own conflictual world order agendas.

If considered from this wider perspective, the current Gaza/West Bank ordeal should be viewed as a conflict that is not just about Israel and Palestine. It is a conflict about the stability and structure of the region upon which many countries in the Global West continue to depend in meeting their energy needs. It also showcases Western fears and hostilities toward Islamic pressures whether from migration or anti-Western radical forms of nationalism.

This may help explain why, beyond the influence of Zionism, the U.S. has so blindly and unconditionally thrown its support to Israel despite its aggressive and discrediting behavior that undermines trust in the quality of US world order leadership. Israel has managed so far to retain the visible assurance of Western support no matter what it does to the Palestinian people and however arrogantly it flouts international law and the UN Charter. This reflects its strength as a strategic asset of the West and also its extraordinary influence on the domestic political life of the US and UK.

Looked at from the opposite angle, Hamas struck on Oct 7 not only to remind Tel Aviv and the world that the Palestinians were not going to stand by quietly as their presence was being publicly erased. Erasure is what Netanyahu seemed to boast about when he flashed before the UNGA in September 2023 a map of ‘the new Middle East’ with Palestine erased as a territorial presence in the region. This ethnic erasure was given further concreteness at the muddying of the waters at the G20 in September 9-10, 2023 meeting in Delhi that projected a Middle East corridor from India to the Arab World. Such an undertaking was widely interpeted to assume normalization of relations with Israel and the removal of Palestinian grievances from any relevance to this new policy agenda of the region.

The Middle East role in this transition from the post-Cold War reality has been openly ideologized as a new and latest phase of the West’s historic struggle against a reconstituted ‘axis of evil’ which the French leader, Emmanuel Macron, advocated within the framework of anti-terrorism. He put forward this controversial interpretation of world political trends while on a solidarity October visit to Israel during the attack on Gaza, in effect an anti-Islamic coalition of the willing was so overtly proposed in mid-October. He sought to downplay his openly civilizational initiative as an ‘anti-Hamas coalition,’ claiming resemblances to the anti-Daesh (or ISIS) coalition that emerged as a reaction to the US/UK invasion and occupation of Iraq in 2003, which included the dismantling of Iraqi armed forces. Macron seemed to magnify the already terrible drama of good and evil playing out in Gaza by referencing the connections with Hezbollah and Houthis, but also Syria, and above all Iran. Perhaps, also, it was Macron’s way of ingratiating himself to his Israeli hosts by deflecting attention away from the terrible happenings in Gaza to a wider conflict in which Israel was managing the conflict zone on behalf of the West.

This recourse to a systemic explanation of the Hamas attack recalls the once fashionable ideas of Samuel Huntington who in 1993 alerted the world to an anticipated post-Cold War reconfiguration of world politics as ‘a clash of civilizations.’ Huntington expressed his doubts that peace would follow the end of the Cold War, believing rather in the emergence of a new cast of adversaries hostile to the Global West.[13] Such a civilizational encounter would reconfigure militarized conflict rather than promoting peace, justice, development, and ecological prudence to form the basis of post-1989 world order. If we step back from the transparent immediacy of horror generated by Israel’s targeting of hospitals, refugee camps, and UNRRA buildings in Gaza, and interpret the wider reaches of this violent drama our picture of what is strategically at stake is considerably enlarged. Taking account of the relevance of Hezbollah, Houthi, Syrian, and above all Iranian solidarity with Gaza, as reinforced by the persisting large protest rallies in the city streets in Islamic countries, and indeed throughout the Global South, Huntington’s expectations of 30 years ago seem to be a prophetic prelude to Macron’s initiative as well as to the 9/11 attacks. Huntington’s words resonate anew as they formerly did when articulated just after the Cold War “[n]ation-states remain the most powerful actors in world affairs, but the principal conflicts will occur between nationals and groups of different civilizations…The clash of civilizations will dominate global politics. The fault lines of civilizations will be the battle lines of the future.”[14]

Others have elsewhere observed that the conflict between Western civilization and  Islam has a lineage that goes back 1300 years. Huntington’s ideological ally at the time was none other than Bernard Lewis who introduced an Orientalist twist by demeaning the whole of Islam as “a culture of rage” portraying those of Islamic faith, in Edward Said’s words, as nothing other than “a neurotic sexualized being.”

In a further twist, the Hamas leadership rationalized its attack on Oct 7 as a necessary way of conveying to Israel that the Palestinians were not going to consent to erasure. Further, in an inversion of the Western images of the Arab as responding only to force [see Raphael Patel, The Arab Mind (1973, updated 2007], Hamas argues with apparent plausibility that Israel only responds to force, and that Palestinian were led to mount an attack to awaken Israelis to the resolve of the Palestinians to resist erasure.

These contrary images of this clash of civilizational mentalities serves as an illuminating, if unconscious, backdrop for Israel’s Minister of Defense, Yoav Gallant, disgusting language describing the battle against Gazans in words that will be long remembered in the annals of genocidal rhetoric: “We are fighting against human animals, and we will act accordingly.” To so overtly dehumanize Palestinians, as well as  its demeaning negation of animals, could make the often insurmountable challenge of establishing genocidal intent easy for prosecutors to meet. Of course, the quoted phrase is further incriminating as its role seemed a public explanation of why food, electricity, and fuel would be totally cut off from any form of transmission to Gaza. All in all Gallant’s notorious decree is fully consonant with Israel’s practices during this past month of violence. It also gains relevance by the failure of Netanyahu or other Israeli officials to modify or in any way soften Gallant’s self-incriminating language. What Galant said is consistent with other statements by Israeli leaders including Netanyahu and by IDF tactics and public rationales confirming such attitudes toward the whole of the Palestinian people.

There is little doubt that the outcome of these two ongoing ‘wars’ will deeply influence the prospects for the stability and acceptance of Western worldwide post-colonial and post-Cold War economic, political, and cultural patterns of hegemony. The hawkish interpretation insightfully, if indirectly, regards the active and undisguised complicity of the Western governments in relation to Gaza as a matter of grand strategy rather than as a testimonial to Zionist influence. This is important to understand, although in light of the rising chorus of moral/legal objections to Israel’s behavior in Gaza, it is rarely publicly acknowledged.

What is new with respect to Samuel Huntington sense of ‘the West against the rest’ was his failure to take note of the Islamic challenge being spearheaded by non-state actors adopting the pre-modern means of combat at their disposal and largely focused on resisting further Western penetration rather than through violence overseas as was the onetime tactic of Al-Qaeda. What 9/11 and later Islamic jihadism added was a religious rationale to resistance and conflict with the West whose identity took largely non-state forms. In effect, the  geopolitically phrased assessments of Huntington acquired a moral fervor.

Instead of waging a geopolitical war to determine global power alignments, the war against Hamas can be, as Macron intimated, also internalized giving a fresh stimulus to European Islamophobia and anti-migrant politics. Even during the Cold War the Russians were never demonized as a people or was their civilization demeaned, partly because they were after all white Christians not ‘human animals.’

A politics of demonization, although used in an inflammatory way by Biden in relation to Ukraine, was confined to the person of Vladimir Putin. The main argument consisted of self-serving legalistic rationalizations for defending Ukraine, while excluding from consideration such contextual issues as prior internal violence against the Russian-oriented minority in the Donbas oblasts along with Kyiv’s repudiation of the Minsk 2014-15 agreements, and NATO’s increased engagement with the country’s security policies after the Maidan Coup in 2015.

There are revealing similarities in the Global West responses to these two violent conflicts that are bound to have transformative influences on the future of peace and security in the world. Those who favor a strong material and diplomatic commitment to Ukraine, as with those showing unconditional support of Israel, become hysterical if provocations of Russian aggression or the pre-history of the Hamas attack are taken seriously into account. This is because a fair appraisal of these two contexts subverts the high ground of moral purity and political justification implicit in the militarist modes of response, as well as rendering ambiguous the presume clarity of the claimed legal right of self-defense in the two instances.

The supposedly humanistic President of Israel,  Isaac Herzog, adopted the good versus evil framework of Netanyahu that refuses to make the slightest concession to the realities witnessed by the peoples of world. Herzog’s entire effort was to draw the sharpest possible distinction between Israel as the agent of a humane future for all and the Palestinians as the exemplification of the worldview of their barbaric adversary. His words featured as a guest opinion piece in the NY Time are an example of the one-eyed crusading civilizing vision that a broad spectrum of Israelis endorse:

Against our will, we in Israel find ourselves at a tipping point for the Middle East and for the world and at the center of what is nothing less than an existential struggle. This is not a battle between Jews and Muslims. And it is not just between Israel and Hamas. It is between those who adhere to norms of humanity and those practicing a barbarism that has no place in the modern world.[15]

It would seem, at this point, that what is being endorsed in the West, is a second coming of the ‘clash of civilizations’ worldview as further embellished by invoking the dualism of good and evil. It is blended with a last-ditch effort to sustain the unipolar geopolitical alignment that emerged after the Cold War amid a world beset by ecological instabilities as never before. Biden made a lame effort to ideologize the latter stages of the post-Cold War atmosphere by describing the current era as an epic global struggle between ‘democracies’ and ‘autocracies,’ but it was largely ignored as the claim was beset by obvious empirical contradictions of inclusion and exclusion.

The outcome in Gaza for Israel also has major implications for the region and world, including possibly inducing a normalizing diplomacy with Iran, and greater respect for the norms of non-intervention in internal societies, especially Muslim majority countries in closer conformity to Article 2(7) of the UN Charter. All things considered, the world will be safer and more secure if the politics of self-determination are managed nationally rather than by a US-led NATO directorate. As well, a positive reappraisal of conflict-avoiding invisible geopolitical fault lines such as were the pragmatic contribution of World War II diplomats at Yalta and Potsdam, and their renewal in the present altered circumstances of seeking conflict management.

Some Alternative Futures for Israel/Palestine

Against this geopolitical background, it seems now appropriate to make conjectures about what sort of future will emerge the violence in Gaza and how it might shape the destiny of Palestinians and Israelis, including the roles will be played by regional and global forces.

As the bombs continue to fall and rockets fill the air in Gaza, some reaching Israel, various ideas are being advanced by outsiders about probable and desirable futures. Three future patterns emerge at this from the rubble and the rising death toll:

–the pessimist’s future: Israel despite alienating people throughout the world retains sufficient hard power leverage to win the peace, establishing a Greater Israel that incorporates the West Bank, reconstitutes the governance of Gaza under a Palestinian Authority leadership to serve as the sole representative of the Palestinian people, possibly even looking to recognize a Gaza micro-state as ‘Palestine.’ I think that this outcome would not satisfy internal or international demands for an acceptable Palestinian solution, and would not end or even mitigate the apartheid nature of present Israeli governance or inhibit resistance activities on the Palestinian side;

–utopian envisioning: holding Israel responsible for the criminality of its Gaza campaign, requiring accountability of the main perpetrators for their crimes and imposing reparations for damage done to Palestinians homes and property; acknowledgement by the Israeli President and Prime Minister of the historic wrongs done to the Palestinian people by the Nakba and subsequent abuses, a point stressed by Edward Said and others with the accompanying sentiment ‘There will never be peace until there is such an acknowledgement is made.” Democratic secularism in a unified or co-existing states based on no ethnic nor religious criteria, featuring democratic elections, and human rights. A right of return of all Palestinian refugees and their descendants. Zionism would revert to the Balfour ethnic pledge of a Jewish ‘homeland’ but no state. The fact that something analogous along these lines happened in South Africa suggests that it could happen in Israel/Palestine, but it seems far beyond the reach of practical politics at present, although the Israeli NGO, International Committee Against Housing Demolition (ICAHD) has circulated a roughly comparable proposal in early November 2023;

–stalemate renewed: a return to the status quo preceding the Hamas attacks, with modifications, but apartheid, border control and blockade roughly as before, resistance continues, global solidarity intensifies in ways that gradually shift the balance of forces in a Palestinian.

None of the Oslo hype clouds the present search for final outcomes of the Palestinian struggle to attain its long denied basic rights as a people and nation. Yet for the foreseeable future the outlook for peace remains dark, including in, maybe especially in Israel.

Concluding Remarks

I would like to believe that Edward would have agreed with most of what I have said, although among his many virtues, was that of intellectual independence, which on occasion could be experienced as a certain cantankerousness. It is entirely possible that after Edward listened to these remarks would approach me after these remarks with a scowl and his half ironic, half serious putdown:  ‘Richard, you can’t be serious.’

Despite my intention to be engaged, my words may still have come across as too academic. Yet I must reaffirm that the events of the last month have resulted in the most tormenting emotions that I have ever experienced in reaction to public events. I confess that to some, my rather academic style may seem designed to hide partisanship. To counter such an impression I will conclude by removing any doubt as to where I stand.

I firmly believe that this is a time for persons of conscience to take action as well as to pierce the propaganda manipulating feelings, perceptions, and allegiances

It is past time to confront the double standards and moral hypocrisy of the Global West’

It is also a time to mourn and grieve the terrible human costs endured by the people of Gaza, but also a time to show solidarity with those seeking peace and justice at great risk

And finally, this is a time to repudiate the horrors of warfare and political violence, the disgrace of genocide, and better arrange our lives and organize our collective endeavors on the power of love, courage, struggle, justice, and hope.

Concluding Remarks

As jurist, citizen, and human rights activist, the issues of aligning law in the books with justice in the life of Palestinians has both tested my commitment to a word order in which law and justice become closely aligned. This cannot happen so long as the UN and the management of power and security is left to the priorities of geopolitical actors, at present the US, China, and Russia, particularly if their relations are strained by the emergent struggles particularly evident in relation to Ukraine and Taiwan. The US seeks to retain the unipoarity—that is, the exclusion of other geopolitical aspirants from the managerial roles of global security—in the face of growing challenges not only from Russia and China, but also from the BRICs and a realigned Global South.

The lives of dissenting public intellectuals whether rooted in the scholarship of the humanities, at which Edward Said excelled, or the academic engagements of a social scientist devoted to the alighment of law and justice, the imperatives of values, thought, and action need to be fused and their impact on governmental and UN actors dramatically increased if world order challenges are to have any chance of being addressed in humane and effective ways. In a constructive sense, all legal analysis rests upon disclosed or suppressed what I have characterized as ‘advocaacy jurisprudence.’ Such an assertion builds on the work of legal realism and critical legal studies, and in keeping with the Lasswell/McDougal explicit endorsement of liberal constitutionalism as the guiding principle of constructing legal outcomes, although slightly disguised by their claim of a scientific social science epistemological foundation for their normative preferences.


* Adapted from Edward W Said Memorial Lecture: The Enduring Legacies of Edward Said

The American University in Cairo, Nov. 4, 2023


[1] My jurisprudential orientation accords with and is influenced by Noura Erakat pathbreaking JUSTICE FOR SOME: LAW AND THE QUESTION OF PALESTINE (2019)

[2] Others I would mention in the ssame spirit are Noam Chomsky, Daniel Ellsberg, Cornel West, David Ray Griffin, and from a distance, Albert Camus, Jean-Paul Sartre, Bertand Russell, Mohatma Gandhi, and Martin Buber. Within my disciplinary orientation of international law, I found the critical work and normative perspectives of TWAIL (Third World Approaches to International Llaw) as a compatible complement to the work of jurists in the Global West working toward a similar realignment of law and justice as are dissenting public intellectuals. In this regard I would mention Asli Bali, Noura Erakat, Darryl Lee, Lisa Hajjar, Victor Kattan, and Penny Green as currently active examples in the US/UK setting.

[3] See the influential writings of Hans Kelsen and the many conscious or unconscious Kelsenites. Also relevant is the writing of Max Weber trying to curtail the influence of religion in policy formation and give way to Enlightenment values privileging science. In some attempts to objectify a preferential set of values the issue of subjectivity is shifted but not eliminated. See Hans Kelsen, Principles of International Law (2003) The most notable undertaking of this sort was attempted by the New Haven School of International Law, as principally propounded by Harold Lasswell & Myres S. McDougal at Yale Law School. See their Jurisprudence for a Free Society (1991)

[4] By ‘first approximation’ I want to again emphasize that legal norms are not self-elucidating. Their ambiguity is

somewhat arbitrarily overcome by leaving the authority to finalize the interpretation of norms to judicial bodies.

The dissatisfaction among liberals about the outlook and judgments of the US Supreme court in recent years reveals tensions in the alignment between law and justice. During the Warren Court it was political conservatives that were distressed by what they regarded as misalignment of law and justice. 

[5] There are enough discrepancies between the initial Israeli account of the Hamas attack and what actually happened on Oct 7 to support the appointment of an international commission should be arranged to produce a trusted objective and comprehensive account of what actually happened on that tragically eventful day.

[6] Edward W. Said, Orientalism (1978)

[7] No words in political discourse are more manipulated than are ‘genocide’ and ‘terrorism.’ The former

to criminalize dehumanizing behavior, while the later suspends the laws of war be dehumanizing those

that use political violence as an instrument of armed struggle, with more or less justification.

[8] Although indefinite in its contours, international law authrorizes armed resistance to oppressive rule. See UN General Assembly Res. 2625 (1975).This makes the Hamas attack to be a hybrid event, both containing war crimes and a resistance rationale. This rationale points to the failure to find a peaceful solution after more than 75 years.

[9] See Thomas Suarez, How Terrorism Created Modern Israel (2016)

[10] See Convention on the Prevention and Punishment of the International Crime of Apartheid, 1973; recently documented by Michael Lynk 2021 report to the HRC in his role as SR, Michael Lynk in Richard Falk, John Dugard, Michael Lynk, PROTECTING HUMAN RIGHTS IN OCCUPIED PALESTINE: WORKING THROUGH THE UNITED NATIONS (2023), 297-312; also the authoritative reports of the UN’s ESCWA, and NGOs Human Rights Watch, Amnesty International, and B’Tselem.

[11] This reasoning of mine should be compared to the proposals published on October 22, 2023 in Foreign Affairs by the former PA Prime Minister, Fayyad Salam ideas.

[12] For ellaboration see Richard Falk, PREDATORY GLOBALIZATION: A CRITIQUE (2001)

[13] Samuel P. Huntington, “The Clash of Civilizations,” Foreign Affairs 72: 22-49 (1993)

[14] Ibid, Note 13.

[15] The President of Israel: Isaac Herzog, “This Is Not a Battle Just Between Israel and Hamas,” NY Times, Nov. 3, 2023.

Gaza: The Wider Context

1 Mar

[Prefatory Note: my essay of explication on the inexplicable, as published by Eure-Med Monitor at the end of February 2024]

COMMENTARY: In Gaza, the west is enabling the most transparent genocide in human history

Richard Falk

Update of 2/25/24 EuroMed Article by Richard Falk:

It is helpful to conceive of the Israeli settler colonial undertaking in Palestine as having reached its decisive phase, and as such concerns in addition to resources, land and people. From an Israeli perspective, ‘more land, less Palestinians’; from a Palestinian perspective, ‘steadfastness and resistance in relation to land and residence rights.’

The latest news pertaining to Gaza as reported in the Western media and government circles is that a six week pause in the onslaught in Gaza is being negotiated in Paris and Doha, and possibly will take effect on March 10th, the beginning of Ramadan. The deal being negotiated centers on the release of women, children, and the elderly among the 99 Israel hostages still held by Hamas, and an exchange that is rumored to lead to the freeing of 300 Palestinians currently held in Israeli prisons, often under abusive conditions.

It is coupled with a continuing announced intention by PM Netanyahu of a planned attack on the southernmost Gaza city of Rafah, which is now sheltering as many as 1.5 million displace Palestinian or more than half of Gaza’s 2.3 million population and more than ten times the number of people normally living in Rafah.

The overall genocidal attack in its fifth month now has resulted in more than 30,000 Palestinian deaths with another 7,000 missing, and over 70, 000 injured many badly.  A further estimated 576,000 are coping with imminent famine conditions, 85% of Gaza population is displaced, and 80% of residential housing has been destroyed or seriously damaged, as well as 96% of Gaza agricultural infrastructure destroyed or damaged.

To calibrate the extent of loss and suffering by reference to the current US population of 335 million would mean multiplying the above Palestinian casualty statistics by more 140 times, and many fear that starvation, disease, and the Rafah attack will greatly increase Palestinian losses.

Recall Samuel Huntington’s controversial, yet influential, 1993 Foreign Affairs article, “The Clash of Civilizations,” which ends with the provocative phrase, “The West against the rest.” Although the article seemed far-fetched 30 years ago, it now seems prophetic in its discernment of a post-Cold War pattern of inter-civilizational rivalry. It is rather pronounced in relation to the heightened Israel/Palestine conflict initiated by the October 7 Hamas attack on Israeli territory with the killing and abusing of Israeli civilians and IDF soldiers, as well as the seizure of some 200 hostages.

Clearly this attack has been accompanied by some suspicious circumstances such as Israel’s foreknowledge, slow reaction time to the penetration of its borders, and, perhaps most problematic, the quickness with which Israeli adopted a genocidal approach with a clear ethnic cleansing message. At the very least the Hamas attack, itself including serious war crimes, served quite  conveniently as the needed pretext for the 100 days of disproportionate and indiscriminate violence, sadistic atrocities, and the enactment of a scenario that looked toward making Gaza unlivable and its Palestinian residents dispossessed and unwanted.

Despite the worldwide transparency of the Israeli tactics, partly attributable to ongoing TV coverage of the devastating and heartbreaking Palestinian ordeal, what was notable was the way external state actors aligned with the antagonists. The Global West (white settler colonial states and former European colonial powers) lined up with Israel, while the most active pro-Palestinian governments and movements were initially exclusively Muslim, with support coming more broadly from the Global South. This racialization of alignments seems to take precedence over efforts to regulate violence of this intensity by the norms and procedures of international law, often mediated through the United Nations. South Africa broke this pattern by its historic initiative at the ICJ that resulted in a near unanimous Interim Order on January 26, 2024, which seems to have had no impact on Israel military tactics or interference with the delivery of humanitarian aid or support by the Global West.

This pattern is quite extraordinary because the states supporting Israel, above all the United States, have claimed the high moral and legal ground for themselves and have long lectured the states of the Global South about the importance of the rule of law, human rights, and respect for international law. This disregard the manifest of intent of the Genocide Convention to  urge compliance with international law and morality by both sides in the face of the most transparent genocide in all of human history. In the numerous global pre-Gaza genocides, the existential horrors that occurred were largely known after the fact and through statistics and abstractions, occasionally vivified by the tales told by survivors or given expression in novels or films. The events, although historically reconstructed, were not as immediately real as these events in Gaza with the daily reports in real time from brave journalists in the Gaza combat zones for more than four months, enduring many deaths..

Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, which is a central obligation of the Genocide Convention, but more brazenly by openly facilitating the continuation of the genocidal onslaught. Israel’s frontline supporters have contributed weapons and munitions, as well as providing targeting intelligence and even assurances of active engagement by ground forces if requested, as well as providing diplomatic support at the U.N. and elsewhere throughout this crisis. 

    Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, but more brazenly by openly facilitating continuation of the genocidal onslaught   

These performative elements that describe Israel’s recourse to genocide are undeniable, while the complicity crimes enabling Israel to continue with genocide remain indistinct, being situated in the shadowland of genocide. For instance, the complicity crimes are noted but remain on the periphery of South Africa’s laudable application to the International Court of Justice (ICJ) that includes a request for Provisional Measures crafted to stop the genocide pending a decision on the substance of the charges of genocide. The evidence of genocide is overwhelmingly documented in the 84-page South African submission, but the failure to address the organic link to the crimes of complicity is a weakness that could be reflected in what the court decides.

Even if the ICJ does impose these Provisional Measures, including ordering Israel to desist from further violence in Gaza, it may not achieve the desired result, at least not before the substantive decision is reached some three to five years from now. It seems unlikely that Israel will obey Provisional Measures. It has a record of consistently defying international law. It is likely that a favorable decision on these preliminary matters will give rise to a crisis of implementation.

The law is persuasively present, but the political will to enforce is lacking or even resistant, as here in certain parts of the Global West, and the ICJ lacks any independent enforcement authority. The UN leaves, as usual, implementation at the mercy of the veto-burdened Security Council..

The degree to which the U.S. has supplied weaponry with U.S. taxpayer money would be an important supplement to rethinking the U.S. relationship to Israel that is so important and which is underway among the American people—even in the Washington think tanks that the foreign policy elites fund and rely upon. Proposing an arms embargo would be accepted as a timely and appropriate initiative in many sectors of U.S. public opinion. I hope that such proposals may be brought before the General Assembly and perhaps the Security Council. Even if not formally endorsed, such initiatives would have considerable symbolic and possibly even substantive impacts on further delegitimizing Israel’s behavior and stimulating solidarity initiatives..

A third specific initiative worth carefully considering would be timely establishment of a People’s Tribunal on the Question of Genocide initiated by global persons of conscience. Such tribunals were established in relation to many issues that the formal governance structures failed to address in satisfactory ways. Important examples are the Russell Tribunal convened in 1965-66 to assess legal responsibilities of the U.S. in the Vietnam War and the Iraq War Tribunal of 2005 in response to the U.S. and U.K. attack and occupation of Iraq commencing in 2003.

Such a tribunal on Gaza could clarify and document what happened on and subsequently to October 7. By taking testimony of witnesses, it could provide an opportunity for the people of the world to speak and to feel represented in ways that governments and international procedures are unable to enact, given their request for Provisional Measures to stop the ongoing Gaza onslaught, it will increase Global South and civil society pressure on Israel and its supporter governments to comply. As Israel has refused to make even efforts to comply with the near unanimous Interim Order of the ICJ, it has escalated pro-Palestinian solidarity efforts throughout the world and cast Israel into the darkest regions of pariah statehood.

In such an atmosphere, nonviolent activism and pressure for the imposition of an arms embargo and trade boycotts as well as sports, culture, and touristic boycotts will become more viable policy options, and can be given symbolic and substantive reality within the private sector, even among individual consumers. This approach by way of civil society activism proved very effective in the Euro-American peace efforts during the Vietnam War and in the struggle against apartheid South Africa, and elsewhere.

Israel is becoming a pariah state due to its behavior and defiance exhibited toward legal and moral norms. It has made itself notorious by the outrageously forthright acknowledgement of genocidal intent of its highest leaders with respect to Palestinian civilians whom they are under a special obligation to protect as the occupying power.

Being a pariah country or rogue state makes Israel politically and economically vulnerable as never before. At this moment, a mobilized civil society can contribute to producing a new balance of forces in the world that has the potential to neutralize the sway of Western post-colonial imperial geopolitics that has dominated the global management of power since the end of the Cold War more than 30 years ago..

It is also relevant to take note of the startling fact that the anti-colonial wars of the last century were in the end won by the weaker side militarily. This is an important lesson, as is the realization that anti-colonial struggle does not end with the attainment of political independence. It needs to continue to achieve control of national security and economic resources as the recent wave of anti-French coups in former French colonies in sub-Saharan Central Africa illustrate. The most recent of these coups occurred in Niger about a year ago.

In the 21st century weapons alone rarely control political outcomes. The U.S. should have learned this decades ago in Vietnam, having controlled the battlefield and dominated the military dimensions of the war, and yet having failed to achieve control over its political outcome, and correctly perceived as having lost the war..

The U.S. is disabled by its internal political structure from learning the appropriate lessons from such defeats. Such learning would weaken the leverage of the military-industrial-government complex, including the private sector arms industry and the corporatized media. This would subvert the domestic balance in the U.S. and substantially discredit the global geopolitical role being played by the U.S. throughout the entire world.

So, it is. currently an anachronistic situation. Despite knowing what to do. yet well-entrenched special interests preclude rational adjustments, and the military malfunctions and accompanying geopolitical alignments persist, ignoring costly failures along the way.

In effect, experience suggests strongly what should be done, but the political clout does not exist to get the needed job done. Global public opinion is shifting, peace-minded coalitions are forming, and demonstrations globally are building opposition to continuing the war.

Iran

There is a huge U.S./Israel propaganda effort to tie Iran to everything that is regarded as anti-West or anti-Israeli. It has intensified during the Gaza crisis, starting with the October 7 attack by Iran’s supposed proxy Hamas. You notice even the most influential mainstream print media such as The New York Times routinely refers to what Hezbollah or the Houthis do as “Iran-backed.” Such actors are reduced misleadingly to being proxies of Iran. In contrast, references to Ukraine never make explicit the US or NATO backed and materially supported Kyiv government, which is so much more tangible than whatever involvement Iran seems to have with pro-Palestinian initiatives undertaken by non-state actors in the region.

This way of denying agency to pro-Palestinian actors and attributing behavior to Iran is a matter of Israel/US state propaganda trying to promote belligerent attitudes toward Iran to the effect that Iran is our major enemy in the region, while Israel is our loyal friend. At the same time, it suppresses the reality that If Iran is backing countries and political movements, it obscures what the U.S. is doing more overtly and multiple times over throughout the Middle East.

It is largely unknown what Iran has been doing in the region to protect its interests. Without doubt, Iran has strong sympathies with the Palestinian struggle, and is strongly in favor of minimizing US presence and influence.. Those sympathies coincide with its own political self interest, especially its national security, in not being attacked. Additionally, Iran has lots of problems arising from opposition forces within its own society.

But I think dangerous state propaganda is building up this war-mongering hostility toward Iran. It is highly misleading to regard Iran as the real enemy standing behind all anti-Israeli actions in the region. It is important to understand as accurately as possible the complexity and unknown elements present in this crisis situation that contains dangers of wider war in the region and beyond. As far as is publicly known, Iran has had an extremely limited degree of involvement in the direct shaping of the war and Israel’s all-out attack on the civilian population of Gaza.

Hamas and a Second Nakba

While I was special rapporteur for the U.N. on Israeli violations of human rights and international humanitarian law, I had the opportunity to meet and talk in detail with several of the Hamas leaders who are living in Doha and Cairo, as well as in Gaza. In the period between 2010 and 2014, Hamas was publicly and by back channels pushing for a 50-year cease-fire with Israel. It was conditioned on Israel carrying out the unanimous 1967 Security Council mandate in SC Res 242 to withdraw its forces to the pre-war boundaries of “the green line” established after the 1948 War. Hamas had also publicly sought a long-range cease-fire with Israel after its 2006 electoral victory in Gaza of up to 50 years.

Neither Israel nor the U.S. would respond to those diplomatic initiatives. Hamas leader Khalid Machal, the most intellectual of the Hamas leaders with whom I met, told me in some detail that he had personally warned Washington of the tragic consequences for civilians on both sides of the conflict, if it was allowed to go on without a long-term cease-fire sustained and accepted. Machal’s efforts were confirmed by non-Hamas independent sources, which also confirmed that this effort to prevent further violence met with no encouragement in either Tel Aviv or Washington.

entanglement with geopolitical hegemony in relation to international criminal law and structures of global governance.

The South African World Court Case, Pariah State, and Popular Mobilization

The South African initiative is important as a welcome effort to enlist international law and procedures for its assessment and authority in a context of severe alleged criminality. Since the ICJ, the highest tribunal on a supranational level, has responded favorably to South Africa’s highly reasonable and morally imperative

Where can Palestinians go as the population suffers from famine and continued bombing? What is Israel’s goal?

I see the so-called commitment to thinning the Palestinian presence in Gaza as leading deliberately to a functional second Nakba. This is a criminal policy. I don’t know that it has to have a formal name. It is not a policy designed to achieve anything but the decapitation of the Palestinian population, if not in whole, at least in part, explaining the ICJ concern about halting what leaves the strong impression of genocide. Israel is exerting incredible pressure t to move large numbers of Gazans to the Egyptian Sinai, and the Egyptian al-Sisi government has declared that it opposes an influx of Palestinian refugees, yet rumors suggest that elaborate efforts to overcome Egyptian resistance include large-scale debt relief and IMF loans..

This is not a policy. The Palestinians in the Occupied Territories are being confronted with a threat of elimination or replacement, which is a characteristic of every settler colonial project. The Israeli campaign after October 7 was not predominantly directed toward Hamas’ terrorism nearly as much as it was focused on the forced evacuation of the Palestinians from Gaza and intent on the related dispossession of most Palestinians from the West Bank, the real prize of this military campaign and the priority of the settler-oriented Netanyahu coalition government..

If Israel really wanted to deal with its security in an effective way, much more efficient and surgical methods would have been relied upon. There was no reason to treat the entire civilian population of Gaza indiscriminately as if it every Gazan was implicated in the Hamas attack, and there was certainly no justification for Israel’s genocidal response. The Israeli motivations seem more related to completing the Zionist Project than to restoring territorial security. All indications are that Israel used the October 7 attack as a pretext for a preexisting master plan to get rid of the Palestinians whose presence blocks the establishment of Greater Israel by finally obtaining sovereign control over the West Bank and at least portions of Gaza.

For a proper perspective we should remember that before October 7, the Netanyahu coalition government that took power at the start of 2023 was known as the most extreme government ever to govern the country since its establishment in 1948. The new Netanyahu government in Israel immediately gave a green light to settler violence in the Occupied West Bank and appointed overtly racist religious leaders to administer those parts of Palestine still occupied. What made it extreme, was its rejection of the pretense of a negotiated end to a struggle between the two peoples that purported to be based on co-existence rather than victory by the stronger side. The UN consensus, with almost universal support, presupposed Palestinian sovereign statehood while many Palestinian intellectuals and activists favored a single possibly confederated secular state guaranteeing ethnic and secular equality.

With the Gaza onslaught ambiguity was removed from Israel’s settler colonial end game , consisting of Israel claiming territorial sovereignty over the whole of the so-called promised land, enabling Greater Israel to come into existence as a Jewish supremacy state in accord with the forthright earlier Basis Law enacted in 2018 long before the Netanyahu coalition and the Hamas attack took place. What the Gaza operation since October is added is a resolve by Israel to defuse the so-called ‘demographic bomb’ by inducing Palestinian death and departure by mounting a sustained campaign of unrelenting state terror, with its heavy reputational costs exacted among the peoples of the world, including even in the long supportive Global West, where in the US and elsewhere pro-Palestinian sentiments become relevant to electoral outcomes scheduled to occur in 2024 and beyond.

The Need for a Different Context

We need to establish a different context than the one that exists now. That means a different outlook on the part of the Western governmental and NGO Jewish networks in the former colonial Europe and settler colonial white governments elsewhere steadfast supporters of Israel even now. This implies a different internal Israeli sense of their own values and security interests, and their own future development. The South African suggestive antecedent shows that it is only when sustained substantive pressure is brought to bear on national governing elites that have gone to these extreme lengths of relying on apartheid or genocide that startling transformative moves away from hegemony in the direction of constitutionally-based coexistence occur.

The lengths that the Israeli government has gone are characteristic of settler colonial states. All of them, including the U.S. and Canada, have acted violently to neutralize or exterminate the resident Indigenous people. That is what this genocidal interlude is all about. It is an effort to realize the goals of maximal versions of Zionism, which can only succeed by eliminating the Palestinians as rightful claimants to live in the coveted land, much less share in its governance. It should not be forgotten that in the weeks before the Hamas attack, including at the U.N., Prime Minister Benjamin Netanyahu was waving a map of “the new Middle East” that had erased the existence of Palestine.

Undoubtedly, one of Hamas’ motivations was to negate the view that Palestine had given up its right to self-determination, and that Palestine could be erased from political consciousness. Recall the old delusional pre-Balfour Zionist slogan: “A people without land for a land without people.” Such utterances of this early Zionist utopian phase literally erased the Palestinians who for generations lived in Palestine as an entitled Indigenous population, and anticipated what became a top priority political project. With the Balfour Declaration of 1917, this settler colonial vision was embodies in the governance of the Palestinians, enjoying the blessings of the leading European colonial powers and the liberal democracies that emerged after the indigenous people of the land no long presented a political obstacle to their replacement.

Given post-colonial realities, the Israeli project is historically discordant than earlier settler colonial undertakings, and hence more extreme. It exposes the reality of Israel’s policies and the inevitable resistance response to Israel as a self-proclaimed racially supremacist state. Israeli state propaganda and management of the public discourse long obscured this maximalist agenda of Zionism  and we are yet to know whether this was a deliberate tactic or just reflected the phases of Israel’s development and self-confidence.

This may turn out to be a moment of clarity with respect not only to Gaza, but to the overall prospects for sustainable peace and justice between these two embattled peoples that must reflect the exercise of rights of self-determination and achieve some version of constitutially equal coexistence..

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South African ICJ Initiative, Gaza Atrocities, and the Ceasefire Imperative

20 Jan

[Prefatory Note: The post below is a much modified set of responses to questions posed by Mohamed Elmenshawy a journalist working at Al Jazeera Arabic from Washington  (1/10/2024).

1. How should we interpret the South Africa allegation that Israel’s military operations in Gaza violate the country’s obligations under the United Nations Genocide Convention and that its actions constitute genocide?

Israel’s military operations have lasted more than three months, but from almost their very outset objective observers felt confronted by ‘a text book case’ of genocide as the military onslaught was systematically and openly aimed at making Gaza uninhabitable and inflicting severe suffering on innocent civilians in flagrant violation of basic rules of international law. Such a military campaign was proclaimed in these extremist terms by Israel’s top political and military leaders and consistently exhibited in practice by the sadistic tactics relied upon by Israel’s armed forces. Disregarding official language that called for turning Gaza into ‘a parking lot’ or ‘emptying Gaza of all Palestinians’ or posing a choice of ‘leave or die’ disclose a stunning defiance of the criminal prohibition against the crime of genocide. Israel overlooks the fact that it was a party to the Genocide Convention, which pledged respect for this unconditional limitation on state behavior, meaning that neither self-defense nor anti-terrorism could provide a legally credible basis for Israel’s behavior toward Gaza since October 7. In addition, Israel twists the facts and evidence as in its presentation to ICJ, by contending that the Hamas attack was the real occasion of genocide and that it is Israel that is defending itself against a genocidal adversary.


2.      What happens if South Africa wins at the ICJ?

We cannot know how Israel and the United States, and other countries would respond, but we can offer an informed opinion that draws on Israeli allegations against South Africa, insisting that the mere bringing of a legal dispute alleging the reality of genocide in Gaza amounts to a blood libel against the Jewish people, and in the more guarded secular language of the US State Department that the South African initiative is ‘meritless’ as it lacks an acceptable legal basis in fact. The US is likely if necessary to use its veto power in the Security Council and disregard any General Assembly resolution that called for compliance with whatever Provisional Measures the ICJ decrees, as it is authorized to do under Article 41(1) of the Statute governing its operations.

If this anticipated sequence of evasive or defiant non-compliance occurs, it will likely lead to large and sustained protests throughout the world, including in the North American and former European countries that have lent Israel varying degrees of support and initially gave their full-throated  approval to Israel’s response to the October 7th Hamas attack. The rising opposition to Israeli behavior in Gaza is posing serious destabilization threats of adverse political consequences in some countries, typified by the widespread labeling of Israel as ‘a pariah state’ in some settings, and to a dramatic escalation in the nature and militancy of global solidarity initiatives throughout the world including recourse to sports and cultural boycotts, and calls for an arms embargo and international sanctions. This civil society activism has the potential leverage to transform the discursive approach to the underlying conflict of many governments in the Global South and possibly in Israel and its governmental supporters. This happened to the surprise of many in South Africa, although under very different circumstances.


3.      What happens if South Africa loses at the ICJ?

Israel would undoubtedly gloat, celebrating a lawfare victory, and demeaning critics of Israel’s tactics in its Operation Swords of Iron as hysterical antisemites. It would also lead Israel and the US to feel vindicated by the refusal to follow the global majority favoring an early ceasefire.

Those supporting the South African initiative would likely react with a mixture of perplexing confusion and outright anger at this disappointing outcome at the ICJ. How could the highest court in the world look at such overwhelming evidence so well presented to the Court by the South African legal team, and decide perversely and unprofessionally. Assuming even a split reaction to a majority decision in which the Global West stood behind Israel and rejecting the views of those adopting the perspectives of the Global South, the Court’s stature as a legal tribunal deserving the utmost respect of UN member states would be drastically reduced, temporarily at least.

There is a middle ground based on a highly technical and legalistic jurisdictional argument put forward by Israel at the ICJ hearings to the effect that any action by the Court would be ‘premature’ as there was a failure to establish that a ‘legal dispute’ between the parties existed prior to when the application to the Court was submitted. This argument was refuted by the South African team at the ICJ January hearings, but it could relieve the Court, or some of its judges, of the duty to resolve the awkward dilemma at the core of South Africa’s request for Provisional Measures, which pits legal propriety against political expediency.

In some respects, the most significant result of a negative decision or even a technical evasion would be widespread disappointment producing a probable reaction in world public opinion to the effect that the World Court is out of touch with the flow of history, and in light of this, a dramatic increase in global solidarity initiatives along BDS lines will occur exhibiting surging transnational activism. The growing belief that only civil society activism has any prospect of terminating this terrible humanitarian ca such as has been unfolding in Gaza this in which the primacy of geopolitics disregards law and morality when strategic interests are at stake.

In a sense, whether South Africa’s request that the Court issue Provisional Measures to stop the genocide succeeds or fails might not make a big immediate difference as to the substantive impact of its decision. If the Court grants the South African request Israel will almost certainly refuse to comply which will produce civil society anger and coercive actions in response to Israel’s non-compliance. Whereas if the request is rejected, an angry populist response would also escalate civil society engagement and add to present hostility toward Israel in many parts of the world. In the latter case some of the frustration would be directed at ICJ as a flawed or politicized institution, whereas if its positive decision is ignored, most of the frustration would be expressed as anger toward Israel and the US. In other words, win or lose, the implementation of the norms of the Genocide Convention are subject to formal nullification by what has afflicted the whole UN system when it comes to enforcement—the primacy of geopolitics in determining the presence or absence of a sufficient political will on the part of actors with requisite capabilities to achieve enforcement of authoritative judicial decisions. The prospect of geopolitical obstruction in response to the South African initiative dooms orderly compliance in the event that the ICJ grants the request for Provisional Measures to stop Israeli violence until a decision of the merits is forthcoming on the allegation of the crime of genocide.

4.      Benjamin Netanyahu claimed that the Israeli military is the “most moral army in the world”, Do you agree with him? why?

This was never more than a highly inflated claim made by Israel’s formidable hasbara, or simply. the message transmitted by its state propaganda machine and repeated throughout the Global West by Israel support groups. The Goldstone Report of a UN Human Rights Council fact-finding mission undertaken after the 2008-09 massive land/sea/air attack on the essentially helpless people of Gaza contains hard evidence of a series of war crimes relating to Israel’s tactics and weapons. It should be appreciated that Israel has a special obligation in Gaza to protect the civilian population, accentuated by its status as the Occupying Power, and hence subject to the legal constraints contained in the 4th Geneva Convention governing Belligerent Occupation. It should be remembered that years before the current encounter, even conservative international visitors, for example, David Cameron, referred to Gaza as ‘the largest open air prison in the world.” It is hardly surprising that individuals driven from their homes and homeland decades ago, then denied a right of return, and finally permanently  ‘imprisoned’ for no crime where they kept on what a prominent government advisor called ‘a subsistence diet,’ would at some point risk everything to achieve a jail break, what Norman Finkelstein termed ‘a slave revolt.’ From a legal and moral point of view, to the extent validated by independent sources, the Hamas attack on October 7 included war crimes, and unlawful hostage-taking, and should be repudiated, although part of a legitimate act of resistance against prolonged oppressive occupation.

Looked at less legalistically and more strategically, Israel has since 1967 used Gaza as a valuable experimental combat area where it could demonstrate the efficiency of its counter-terrorism capabilities a warning to its enemies and as a sales pitch to other governments helpful in winning customers for its robust arms industry, including in relation to innovations in tactics, weaponry, and training. It also wanted to show hostile countries in its neighborhood that it would retaliate against provocations with disproportionate force. It formulated such an approach in the Dahiya Doctrine back in the early 1980s, a mode of thinking that justified the destruction of a poor neighborhood in south Beirut that was known to be a Hezbollah stronghold enjoyed populist support. It is this Dahiya Doctrine, in a geometrically magnified form, that underlies the security justification for Israel’s horrifying response to the attack of October 7th, and to the extent that Israel response is deemed by a growing number of observers as an instance of genocide making a mockery of attempts to continuing to portray Israeli armed forces as ‘the most moral in the world.’ Morality does not mix well with official assertions from political leaders and military commanders that the Palestinians as a people are sub-human and deserve to be treated as such. The whole international movement to protect human rights rests on the foundation of human equality, and the universality of the legal entitlement to human dignity.  

5.    How does the war on Gaze affect the respect and prestige of International Law?

The short-term, yet insufficient, answer will be greatly influenced by how the ICJ handles the South African request for Provisional Measures, and whether the states of the world, particularly Israel and the UN, exhibit defiance or respect for the outcome. Also relevant is the degree to which civil society is favorably impressed by the ICJ response to the South African request, including its prompt delivery. A positive result will have some redeeming effects on street-level perceptions of international law around the world, and act persuasively to support the view that even when states refuse compliance and the UN is helpless to act, international law can be useful for advocates of justice through legality.

If we broaden the optic beyond the legal assessment of the violence of Israel’s campaign in Gaza, it becomes obvious that Israel has long openly violated international humanitarian law during its period of Gaza occupation that started with its victory in the 1967 War. Among many unlawful policies, Israel can be charged with during this period when it had the added obligations associated with being the Occupying Power in relation to Occupied Palestine, the most blatant are collective punishment, establishment of Jewish settlements in occupied territory, claims of sovereignty over the entire city of Jerusalem, appropriation of water and other resources in the West Bank, failure to withdraw from territories occupied during the 1967 War or to fulfill in good faith the primary duties as specified in the 4th Geneva Convention to protect the Palestinian people subject to its administrative authority as the Occupying Power. Israel also refused to heed the near unanimous ICJ Advisory Opinion of 2004 challenging the construction of a separation wall on occupied Palestinian territory. In general, Israel has defied international law whenever compliance would seriously interfere with its national policies and strategic priorities as pertaining to the Palestinian people. At the same time Israel invokes international law whenever it could be used to justify its actions or complain about Palestinian resistance. Its pathetic lines of argument January 11th ICJ Hearings on the South Africa initiative sought to invert the facts and evidence by casting itself in the role of the victim of Hamas genocide rather than its perpetrator.

By such manipulations, International Law is reduced to brazen lawfare, that is, International Law becomes a policy instrument in the toolkit tool of partisan national behavior, essentially a mode of propaganda to bolster self-serving legal arguments upholding national claims and denunciation of behavior by adversaries. This kind of manipulation undermines the ideals of law as constituting a set of constraints that rest on the formal authority to regulate the behavior of all sovereign states in ways that achieve mutual benefits by way of peace and justice. This kind of legal framework for action is what the UN Charter ambiguously offered the world in 1945. The geopolitical tensions of ensuing years made the UN generally helpless to implement these central war prevention goals, and often marginalized the UN in war/peace contexts.

6.      Israel is not a member state of the International Criminal Court? Could its leader be persecuted under its jurisdiction?

In theory, the ICC has jurisdiction to prosecute a leader of a sovereign state if the alleged international crime was committed within the territory of a party to the Rome Statute governing its operations. In practice, However, such a proceeding would require that the ICC to obtain physical control over the individual and this would normally depend upon the voluntary cooperation of the national state of the accused persons belong to a state that is not a party.  States that are ICC parties governing the operations of the International Criminal Court are under a treaty obligation to cooperate with the ICC, including during the investigative and any resulting arrest phases of a legal process. The accused person or persons must also be present in the courtroom in the unlikely event that there is a prosecution.

Israel does not need to be a party of the Rome Statute governing the authority of the ICC if the tribunal finds that it possesses valid legal authority to proceed with an investigation and possible indictment of Israeli political and military leaders charged with responsibility for crimes in Occupied Palestinian Territory, which would include Gaza. The ICC after a variety of delays did formally decide in 2021 in a Chamber consisting of three judges that it could proceed to consider Palestinian allegations of Israeli crimes committed on the territory of Occupied Palestine subsequent to 2014. Palestine had become a non-voting Member of the UN in 2012, and on the basis of this qualification as ‘a state,’ later a party to the ICC treaty framework as set forth in the Rome Statute. The present prosecutor of the ICC, Karim Khan, has shown little interest in proceeding as permitted. This sloth is in sharp contrast to the haste displayed with respect to allegations against Putin for crimes in Ukraine associated with the 2022 alleged aggression.

7.      What is South Africa is seeking to achieve of such a case?

It is always hard to depict the motives for a controversial legal initiative of this kind, and in this instance the objectives may be less clear than the motivations. Post-apartheid South Africa has associated the Palestinian struggle for basis human rights with its own struggle against an apartheid regime. Nelson Mandela famously said, “our freedom will not be complete until the Palestinians are free.” In a sense, genocide should in some instances be regarded as the consummation of apartheid. It is the almost invariablle characteristic of the final stages of a settler colonial project, which is probably the best way to understand what is happening in Gaza, and to appreciate the bad memories that analogous developments generated in South Africa.

South Africa may also be motivated by recollections of the role played by governments in the Global West in relation to its own earlier struggle that was long insensitive to the oppressive racist rule because it was strategically linked to apartheid South Africa in the Cold War Era. Palestine has been victimized and Israel shielded and enabled by the American-led commitment to its strategic interests in the Middle East as reinforced by pro-Israeli domestic lobbying and donor leverage in relation to government policy and media presentations.

Many of those who work on the South African initiative or were supportive of its effort to appeal to the ICJ to stop the Gaza genocide have been quoted as saying world to the effect, “I have never been so proud to be a South African or of our government.”


8.      U.S. Secretary of State Antony Blinken denounced Israel being referred to the (ICJ) for alleged genocide during its war in Gaza, calling the claim “meritless.”, What do you make of the Biden Administration position?

As suggested in earlier responses, the primacy of geopolitics in US foreign policy leads to the subordination of international law whenever compliance clashes with strategic interests. To call the South African initiative ‘meritless’ in light of the copiously documented genocidal practices, policies, and exterminist language of Israel’s top leaders defies reality as embodied in the provisions of the Genocide Convention, which calls upon parties to prevent and punish the commission of genocide by others as well as to refrain themselves from such behavior. To not exempt ‘genocide’ from geopolitics is in my judgment itself a sign of national decadence at a time when the global public good desperately needs expressions of respect for all peoples inhabiting the planet.

There are two points to observe: (1) the contrast between the US impassioned allegations of violations by its adversaries, China and Russia, and its unconditional support for accused international friends and allies is a stunning display of irresponsible statecraft; (2) the moral hypocrisy associated with such brazen double standards, severely undermines the authority of international law by treating equals unequally, and opportunistically.

The US is paying a high reputational cost at home and internationally by standing with Israel in opposition to the South African effort, which enjoys support all over the world, because it is seeking to bring an ongoing and transparent genocide to an end. This initiative by way of the ICJ was undertaken only after several attempts in the UN Security Council and General Assembly were blocked, diluted, or were unheeded principally due to US leverage exerted on behalf of Israel. It shines a bright light on the significant relevance of complicity crimes to this horrifying ordeal being inflicted on the civilian population of Occupied Palestine.