The article below was written jointly by Noura Erakat and myself, and was posted on the Jadaliyya website on May 11, 2012
[Palestinians hold photographs of their relatives jailed in Israel during a support rally for Palestinian prisoners on hunger strike, in the West Bank city of Ramallah, May 5, 2012. Image by Majdi Mohammed/AP Photo.]On his seventy-third day of hunger strike, Thaer Halahleh was vomiting blood and bleeding from his lips and gums, while his body weighs in at 121 pounds—a fraction of its pre-hunger strike size. The thirty-three-year-old Palestinian follows the still-palpable footsteps of Adnan Khader and Hana Shalabi, whose hunger strikes resulted in release. He also stands alongside Bilal Diab, who is also entering his seventy-third day of visceral protest. Together, they inspired nearly 2,500 Palestinian political prisoners to go on hunger strike in protest of Israel’s policy of indefinite detention without charge or trial.
Administrative detention has constituted a core of Israel’s 1,500 occupation laws that apply to Palestinians only, and which are not subject to any type of civilian or public review. Derived from British Mandate laws, administrative detention permits Israeli Forces to arrest Palestinians for up to six months without charge or trial, and without any show of incriminating evidence. Such detention orders can be renewed indefinitely, each time for another six-month term.
Ayed Dudeen is one of the longest-serving administrative detainees in Israeli captivity. First arrested in October 2007, Israeli officials renewed his detention thirty times without charge or trial. After languishing in a prison cell for nearly four years without due process, prison authorities released him in August 2011, only to re-arrest him two weeks later. His wife Amal no longer tells their six children that their father is coming home, because, in her words, “I do not want to give them false hope anymore, I just hope that this nightmare will go away.”
Twenty percent of the Palestinian population of the Occupied Palestinian Territories have at one point been held under administrative detention by Israeli forces. Israel argues these policies are necessary to ensure the security of its Jewish citizens, including those unlawfully resident in settlements surrounding Jerusalem, Area C, and the Jordan Valley—in flagrant contravention of the Fourth Geneva Convention‘s Article 49(6), which explicitly prohibits the transfer of one’s civilian population to the territory it occupies.
The mass hunger strike threatens to demolish the formidable narratives of national security long propagated by Israeli authorities. In its most recent session, the United Nation’s Committee for the Elimination of Racial Discrimination concluded that Israel’s policy of administrative detention is not justifiable as a security imperative, but instead represents the existence of two laws for two peoples in a single land. The Committee went on to state that such policies amount to arbitrary detention and contravene Article 3 of the Convention on the Elimination of All Forms of Racial Discrimination, which prohibits “racial segregation and apartheid.” Nevertheless, this apartheid policy has so far escaped the global condemnation it deserves. In general, Palestinian grievances are consistently evaded with the help of media bias that accords faint coverage to signs of resistance, including even this extraordinary non-violent movement mounted by Palestinian victims of institutionalized state abuse.
Although there has not been a principled or total abandonment of armed struggle by Palestinians living under occupation, there has been a notable and dramatic shift in emphasis to the tactics of nonviolence. For yearsliberal commentators in the West have been urging the Palestinians to make such a shift, partly for pragmatic reasons. Even President Obama echoed this suggestion in his 2009 Cairo address when he said,
Palestinians must abandon violence….For centuries, black people in America suffered the lash of the whip as slaves and the humiliation of segregation. But it was not violence that won full and equal rights. It was a peaceful and determined insistence upon the ideals at the center of America’sfounding.
But when Palestinians act in this recommended manner, the West averts its gaze and Israel responds with cynical disregard, dismissing near-death Palestinian hunger strikers as publicity stunts or cheap tricks to free themselves from imprisonment. Today, Palestinians have epitomized the best of American values that reflect the global history of non-violent resistance, as they wage a mass hunger strike, engage in a global boycott, divestment, and sanctions (BDS) movement against Israeli Apartheid, and risk their bodies on a weekly basis in peaceful protests against the Annexation Wall. The latter continues to expand its devastating encroachment upon and around Palestinian lands in defiance of a near unanimous Advisory Opinion of the International Court of Justice as well as countless Security Council Resolutions.
Yet, this America chooses to label the hunger strikers’ prison guards, the architects of racist laws and policies, as well as the engineers of the Apartheid Wall, as the sole and exemplary democracy in the Middle East. Rather than condemn Israel’s colonial practices, which constitute the core of Arab grievances and explain the widespread resentment of the US role in the Middle East, a US Congressional House panel has just now approved nearly one billion US dollars in additional military assistance to augment Israel’s anti-missile defense program. If passed, Israel will receive a record amount of four billion dollars in military aid next year—more than any country in the world.
There is a stark contrast between the round-the-clock coverage given to Chen Guangchen, the blind Chinese human rights activist who escaped from house arrest to the safety of the US Embassy, and the scant notice given this unprecedented Palestinian challenge to the Israeli prison system that is subjecting the protesters to severe health risks, even death. What is more, such hunger strikes are part of a broader Palestinian reliance on a powerful symbolic appeal to the conscience of humanity in their quest for long-denied rights under international law. Said deprivations include a disavowal of a peace process that has gone nowhere for decades, while a pattern of settlement expansion has made any realization of the widely endorsed “two-state solution” increasingly implausible. The prolonged nature of the occupation also steadily transforms what was supposed to be a temporary occupation into a permanent arrangement best understood as a mixture of annexation and apartheid.
In the face of this opportunity to place pressure upon Israel to comply with international law and human rights norms, the international community of governments and inter-governmental institutions has been grotesquely silent as Palestinians place their very lives at sacrificial risk. For its part, the United Nations’ most senior officials said nothing until a group of forty young protesters blocked the entrance of UN offices in Ramallah on 8 May, demanding the issuance of a statement on behalf of the hunger striking prisoners. Together with the help of a global social media campaign to trend #UNclosed, UN Secretary-General Ban Ki-Moon and UNRWA’s director Filippo Grandi have finally issued statements expressing deep concern. Grandi has gone the farthest to urge that Israel either provide trials for the detainees or release them, though his statement has been conspicuously removed from the Agency’s website.
It is hard to deny the irony of tacit approval, at worst, or timid condemnation, at best, in the United Nations, the United States, or elsewhere. In its 2008 Boumedienne decision, the US Supreme Court declared that (arguably) the world’s most villainous and immoral persons are entitled to habeas corpus review in US courts in order to avoid the cruelty of indefinite detention. Yet, Israel’s policy of detaining indigenous Palestinians who inhabit the lands the State seeks to confiscate and settle for more than four decades has denied those Palestinians exactly such legal protection. What are Palestinians to do in the face of such frustrating circumstances? What message does the lack of international support for their strong displays of nonviolence, self-sacrifice, and personal bravery send to them and to their Arab and Muslim counterparts who are once more exposed to blatant US hypocrisy in the region?
Palestinian civil society is now mainly opting for explicit acts of collective nonviolent resistance to register their dissatisfactions with the failures of the United Nations—or inter-governmental diplomacy in general—to produce a sustainable peace that reflects Palestinian rights under international law. The main expression of this embrace of nonviolence is the adoption of tactics used so successfully by the anti-Apartheid campaign to change the political climate in racist South Africa, yielding a nonviolent path to multiracial constitutional democracy. At the present time the growing BDS movement is working to achieve similar results.
Let us recall that successful global nonviolent movements are not restricted to fasts and marches, but include the boycott, non-cooperation, and civil disobedience tactics deployed by Palestinians today. Though President Obama, encumbered as he may be by a domestic election cycle, may feel compelled to ignore Palestinian responses to his call, the rest of the world should not. Certainly, US-based and global citizens should demand that the Western media begin to act responsibly when dealing with injustices inflicted on the Palestinian people, and not sheepishly report human rights abuses only when committed by the adversaries of their state. The media itself is a tactical target and a residual problem. In solidarity with the hunger strikers, civic allies should address the institutional edifice upholding administrative detention. It extends from a discriminatory core and therefore its requisite treatment includes ensuring the enjoyment of internationally guaranteed rights; rights enshrined by the BDS call to action and reified by the movement’s steady and deliberate progression.












Reflections on the Great Palestinian Prison Hunger Strikes of 2012
15 MayChé Guevara was once asked what was at the root of his revolutionary commitment. His response, which we should all take some moments to reflect upon, “it is about love.” Reading the words of Khader Adnan (‘Open Letter to the People of the World’) and Thaer Halahleh (‘Letter to my Daughter’), or the comments of Hana Shalabi’s mother and sister, or Bilal Diab’s father, led me to
recall Guevara’s illuminating comment. Only those with closed minds can read such words of devotion without feeling that the animating hunger of these Palestinians is for peace and justice, for love and dignity, and that their heroic strikes would have impossible without cherishing life and future freedom for the people of Palestine.
The nature of extreme self-sacrifice, provided it is autonomous and nonviolent, is an inherently spiritual undertaking even when its external appearance is political. For Christians, and others moved to tears by the life of Jesus, the Crucifixion exemplifies this encounter between the political and the spiritual.
We can only marvel at the duplicitous double standards of the media. Without the Internet and Al Jazeera the West, especially the United States, would have rendered invisible these challenges to Israeli abuses of human rights and international humanitarian law. Only the settlement of the strike, and to some extent fear of Palestinian unrest should one of these hunger strikes die while in detention, was deemed somewhat newsworthy by the Western press.
As many have observed, the media treatment of the Chinese dissident, Chen Guangcheng, or the global attention given to the Isreael soldier held captive in Gaza, underscores the media victimization of the Palestinian struggle, and exposes the illegitimacy of an information regime that rests upon such a flagrant disregard for objectivity, taking refuge in ill-disguised double standards: magnifying Israeli grievances, disappearing Palestinian wrongs.
The Israeli media did have a cynical preoccupation with the hunger strikes wavering between worries of seeming to give in to pressure exerted by fears if the strikes continued Third Intifada and the characteristic concern of an oppressor that accommodating grievances would be treated as a show of weakness and an encouragement of further Palestinian resistance activity. For this reason the agreement reached to end the main strike has been sharply criticized by Israeli right-wing politicians.
Israel is not alone in addressing prison hunger strikes in a detached manner that refuses to acknowledge the moral motivation, physical courage and discipline, and the righteousness of the demands for reforms. A 2011 protest hunger strike in a notorious California Pelican Bay State Prison and other prisons around the state led to this monumentally icy reaction from Nancy Kincaid, Director of Communications for California Correctional Health Service: “They have the right to die of starvation if they wish.” And as the late Kurt Vonnegut so memorably reflected on the terror bombing of Dresden during World War II: “And so it goes.”
The ending of the hunger strikes on the eve of the 64th observance of Nakba Day is above all a protest against the particular reality of these protests against administrative detention, arrest procedures of a police state, and unacceptable prison regulations that include extensive and extended consignment to solitary confinement, taunting of prisoner suffering, denial of family visits (especially for Gaza families), and a variety of forms of inhumane treatment. It also needs to be understood as part of the general Palestinian struggle for protection and rights, above all, the inalienable right of self-determination, which is accorded to every people by virtue of Article 1 of both Human Rights Covenants.
Any agreement reached with Israel should be carefully monitored and scrutinized. It was a disgrace that Israel should have released Hana Shalabi but punitively ‘deported’ her to Gaza where she is required to remain for three years before returning to her family and home in the West Bank village of Burqin. Without charges to sentence Shalabi to what many have called the world’s largest open air prison is to compound the wrong done by detaining her in the first place, and is an implied admission by Israel that it is a punishment to be required to live in blockaded Gaza.
Throughout this period of hunger strikes that was started by Khader Adnan on the day following his December 17th arrest I and others have taken notice of the IRA strike in the Maze Prison in Northern Ireland in which ten Irish prisoners fasted unto death, including the martyred Irish hero, Bobby Sands. What I have learned of while following the developments in the Palestinian strikes was the earlier celebrated hunger strike of Terrence MacSwiney, the elected lord mayor of county Cork who was arrested, charged, and convicted of his activism in the Irish struggle against British colonial rule.
MacSwiney upon conviction told a stunned court, “I whall be free, alive, or dead, within a month.” He died on October 25, 1920 in the Brixton Prison after an extraordinary 74 day hunger strike, and has been part of the proud tradition of Irish revolutionary iconography ever since. (For a detailed account see Dave Hannigan’s Terrence MacSwiney: The Hunger Strike that Rocked an Empire (Dublin: Obrien Press, 2010)) Unlike the blanket of denial and silence that has accompanied the Palestinian acts of protest, the MacSwiney story “became a worldwide sensation, causing workers to lay down tools on the New York waterfront, sparking riots in Barcelona and mass demonstrations from Buenos Aires to Boston. The international press covered his decline on a daily basis, raising the profile of the cause of Irish Independence to previously unheard-of-heights.” (from back cover material)
Aside from the contrast in media coverage, there is the notable fact that MacSwiney faced charges in an open court, and was allowed to speak in his own defense. Governments that claim to be democracies and respectful of human rights and the rule of law should waste no time in abolishing administrative detention provisions. And if that is not done, at least the pretension of being a constitutional democracy should be abandoned. Is not time that we demanded that ‘power speak truth to the people’!