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Hana Shalabi’s Hunger Strike has Ended, but not her Punishment

30 Mar


            As with Khader Adnan, Israel supposedly compromised with Hana Shalabi on the 43rd day of her hunger strike in protest against administrative detention and her abysmal treatment. But Israel’s concept of ‘compromise’ if considered becomes indistinguishable from the imposition of a further ‘vindictive punishment.’  How else to interpret Israel’s unlawful order to coercively exile (not technically deportation because she is being sent to a location within occupied Palestine) Hana Shalabi for three years to the Gaza Strip, far from her home village of Burqin in the northern part of the West Bank, and more significantly, far from her grief-struck family? After interviewing her older sister Zahra a few days ago, the eloquent Palestinian blogger, Linah Alsaafin, summarized the prevailing attitude of many supporting Hana Shalabi “I don’t want to immortalize her, I just want her to live.” We can join her in being relieved that Hana Shalabi did not join the Palestinian honor roll of martyrs, yet to transfer someone who is in critical medical condition to a slightly more open prison than what is experienced as an Israeli detainee, which is how Gaza has been described during its years of isolation and blockade. To call this release ‘freedom’ is to make a mockery of the word, even to call it ‘release’ is misleading.

 

            Hana Shalabi is now being compared to Winnie Mandela who was also exiled to the remote town of Branford in South Africa, forbidden to leave, as a punishment for her nonviolent and militant resistance to the apartheid regime that had imprisoned her then husband, Nelson Mandela. When I had the opportunity to meet and spend time with her in 1968, a couple of years prior to her exile, she was a wonderfully radiant and magnetic personality with a deep political commitment to justice and emancipation from racism, yet a joyful presence who despite living under apartheid, was life-affirming and inspiring to those like myself in solidarity with the struggle against apartheid. When she returned from exile, she was radicalized, embittered, joined in some violent oppositional tactics, seemingly exhibiting the alienating impact of the punitive effort by the South African government to diminish and marginalize her. This part of Winnie Mandela’s post-exile story should not be forgotten, nor should it be ignored that she was not exiled when confronting the sort of life-threatening physical and psychological challenges that Hana Shalabi faces as she seeks to recover from this long hunger strike. Also, at least, Winnie Mandela’s youngest daughter, Zinzi, was allowed to accompany her, which at least made an exception to the total separation from loved ones that has been the fate decreed by Israel’s military authorities for Hana Shalabi, who in her current condition cannot be considered a ‘political’ threat, much less a ‘security’ threat, by even the most paranoid Israeli official. Israel has compounded the crime of administrative detention with this shamefully gratuitous act of vindictiveness, a cruel and degrading add on to administrative detention that seems best understood as a type of torture.

 

            Article 49(1) of the Fourth Geneva Convention reads as follows: “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.” The intent here is clear, even though the language leave room for lawyers’ quibbles: is the Gaza Strip another country? Israel itself claims that its 2005 disengagement from Gaza relieves it of responsibility. In any event, Israel’s order of banishment will be doubly enforced, neither allowing Hana Shalabi to leave Gaza nor to enter the West Bank where her family lives. As well, given mobility restrictions her family will not be able to visit her in Gaza. Finally, it should be appreciated that this is a form of ‘collective punishment’ as it also adds to the pain and grief of Hana Shalabi’s family who will be denied even the opportunity to provide help and love that are obviously needed during what will be at best a long and difficult recovery period. In this sense, the spirit and letter of Article 27 of Geneva IV has also been violated in her arrest, detention, and now in this release: “Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious conviction and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.” Denying Hana Shalabi’s any visitation rights while confided to an Israeli prison hospital prior to the time her order of ‘deportation’ is implemented, as well as denying the Physicians for Human Rights-Israel or Addameer the opportunity to examine and talk with her underscores the stone coldness of the Israeli prison administration.

 

            It is up to the Palestinian solidarity movement to not let this experience of Palestinian hunger strikes be in vain. At best, it might be later seen as one of the earlier expressions of a Palestinian Spring. At the very least, it should become a key moment in an intensifying campaign against the practice of administrative detention in Occupied Palestine, as well as against abusive arrest procedures and general prison conditions that are habitually relied upon by Israeli military authorities.

 

            Finally, this ambiguous punitive release of Hana Shalabi was apparently agreed upon not only on the 43rd day of her hunger strike, but on the eve of the 36th commemoration of Land Day by Palestinian activists within Israel and in Occupied Palestine. It is important for all of us to recall that it was on this day in 1976 that Israel killed six Palestinian citizens of Israel who were protesting, in violation of a curfew then in effect, Israel’s expropriation of their land. The protests on Land Day 2012, especially near the Qalandiya Checkpoint have been met with tear gas, rubber bullets, and water cannon, apparently with some Palestinian injuries. Two Palestinian activists, Sam Bahour and Jafar Farah, living in the West Bank summarized the situation with these words:  “After the Arab revolutions, there’s awareness of the importance of popular participation. This has rattled the Arab regimes, and now it’s frightening the Israeli government.”

 

            It does appear that these hunger strikes, augmented by sympathetic and symbolic strikes within Israeli jails, in Palestine, and around the world, as well as vibrant protests on Land Day, and a worldwide BDS movement are all signs of a Palestinian reawakening that will gather political leverage as its momentum builds. This is my hope for the future. 

  

The End of Hana Shalabi’s Hunger Strike

 

 

            As with Khader Adnan, Israel supposedly compromised with Hana Shalabi on the 43rd day of her hunger strike in protest against administrative detention and her abysmal treatment. But Israel’s concept of ‘compromise’ if considered becomes indistinguishable from the imposition of a further ‘vindictive punishment.’  How else to interpret Israel’s unlawful order to coercively exile (not technically deportation because she is being sent to a location within occupied Palestine) Hana Shalabi for three years to the Gaza Strip, far from her home village of Burqin in the northern part of the West Bank, and more significantly, far from her grief-struck family? Her older sister Zahra was quoted a few days ago as saying “I don’t want to immortalize her, I just want her to live.” We can join her in being relieved that Hana Shalabi did not join the Palestinian honor roll of martyrs, yet to transfer someone who is in critical medical condition to a slightly more open prison than what is experienced as an Israeli detainee, which is how Gaza has been described during its years of isolation and blockade. To call this release ‘freedom’ is to make a mockery of the word, even to call it ‘release’ is misleading.

 

            Hana Shalabi is now being compared to Winnie Mandela who was also exiled to the remote town of Branford in South Africa, forbidden to leave, as a punishment for her nonviolent and militant resistance to the apartheid regime that had imprisoned her then husband, Nelson Mandela. When I had the opportunity to meet and spend time with her in 1968, a couple of years prior to her exile, she was a wonderfully radiant and magnetic personality with a deep political commitment to justice and emancipation from racism, yet a joyful presence who despite living under apartheid, was life-affirming and inspiring. When she returned from exile, she was radicalized, embittered, joined in some violent oppositional tactics, seemingly exhibiting the alienating impact of the punitive effort by the South African government to diminish and marginalize her. This part of Winnie Mandela’s post-exile story should not be forgotten, nor should it ignored that she was not exiled when confronting the sort of life-threatening situation that Hana Shalabi faces as she seeks to recover from this long hunger strike. Also, at least, Winnie Mandela’s youngest daughter, Zinzi, was allowed to accompany her, which was at least made an exception to the total separation from loved ones that has been decreed for Hana Shalabi, who in her current condition cannot even be considered a ‘political’ threat, much less a ‘security’ threat. Israel has compounded the crime of administrative detention with this shamefully gratuitous act of vindictiveness.

 

            Article 49(1) of the Fourth Geneva Convention reads as follows: “Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive.” The intent here is clear, even though the language leave room for lawyers’ quibbles: is the Gaza Strip another country? Israel itself claims that its 2005 disengagement from Gaza relieves it of responsibility. In any event, Israel’s order of banishment will be doubly enforced, neither allowing Hana Shalabi to leave Gaza nor to enter the West Bank where her family lives. As well, given mobility restrictions her family will not be able to visit her in Gaza. Finally, it should be appreciated that this is a form of ‘collective punishment’ as it also adds to the pain and grief of Hana Shalabi’s family who will be denied even the opportunity to provide help and love that are obviously needed during what will be at best a long and difficult recovery period. In this sense, the spirit and letter of Article 27 of Geneva IV has also been violated in her arrest, detention, and now in this release: “Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious conviction and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity.” Denying Hana Shalabi’s any visitation rights while confided to an Israeli prison hospital prior to the time her order of ‘deportation’ is implemented, as well as denying the Physicians for Human Rights-Israel or Addameer the opportunity to examine and talk with her underscores the stone coldness of the Israeli prison administration.

 

            It is up to the Palestinian solidarity movement to not let this experience of Palestinian hunger strikes be in vain. At best, it might be later seen as one of the earlier expressions of a Palestinian Spring. At the very least, it should become a key moment in an intensifying campaign against the practice of administrative detention in Occupied Palestine, as well as against abusive arrest procedures and general prison conditions that are habitually relied upon by Israeli military authorities.

 

            Finally, this ambiguous punitive release of Hana Shalabi was apparently agreed upon not only on the 43rd day of her hunger strike, but on the eve of the 36th commemoration of Land Day by Palestinian activists within Israel and in Occupied Palestine. It is important for all of us to recall that it was on this day in 1976 that Israel killed six Palestinian citizens of Israel who were protesting, in violation of a curfew then in effect, Israel’s expropriation of their land. The protests on Land Day 2012, especially near the Qalandiya Checkpoint have been met with tear gas, rubber bullets, and water cannon, apparently with some Palestinian injuries. Two Palestinian activists, Sam Bahour and Jafar Farah, living in the West Bank summarized the situation with these words:  “After the Arab revolutions, there’s awareness of the importance of popular participation. This has rattled the Arab regimes, and now it’s frightening the Israeli government.”

 

            It does appear that these hunger strikes, augmented by sympathetic and symbolic strikes within Israeli jails, in Palestine, and around the world, as well as vibrant protests on Land Day, and a worldwide BDS movement are all signs of a Palestinian reawakening that will gather political leverage as its momentum builds. This is my hope for the year ahead. 

  

 

 

 

 

 

 

Why not get the Law and Politics Right in Iran?

23 Mar

 

In his important article in the New York Times, March 17, 2012, James Risen summarized the consensus of the intelligence community as concluding that Iran abandoned its program to develop nuclear weapons in 2003, and that no persuasive evidence exists that it has departed from this decision. It might have been expected that such news based on the best evidence that billions spent to get the most reliable possible assessments of such sensitive security issues would produce a huge sigh of relief in Washington, but on the contrary it has been totally ignored, including by the highest officers in the government. The president has not even bothered to acknowledge this electrifying conclusion that should have put the brakes on what appears to be a slide toward a disastrous regional war. We must ask ‘why’ such a prudent and positive course of action has not been adopted, or at least explored,

 

Given that the American debate proceeds on the basis of the exact opposite assumption– as if Iran’s quest for nuclear weapons is a virtual certainty.  This contrary finding that it is a high probability that iran gave up its quest of nuclear weapons almost a decade ago is quite startling. Listening to the Republican presidential candidates or even to President Obama makes it still seem as if Iran is without doubt hell bent on having nuclear weapons at the earliest possible time. With such a misleading approach the only question that seems worth asking is whether to rely on diplomacy backed by harsh sanctions to achieve the desired goal or that only an early attack to stop Iran from crossing the nuclear threshold.

 

It seems perverse that this public debate on policy toward Iran should be framed in such a belligerent and seemingly wrongheaded manner. After all the United States was stampeded into a disastrous war against Iraq nine years ago on the basis of deceptive reports about its supposed stockpile of weapons of mass destruction, trumped up exile allegations, and media hype. I would have assumed that these bad memories would make Washington very cautious about drifting toward war with Iran, a far more dangerous enemy than Saddam Hussein’s Iraq. It would seem that at present the politicians are distrustful of reassuring intelligence reports and completely willing to go along with the intelligence community when it counsels war as ‘a slam dunk.’

 

Reinforcing this skepticism about Iran’s nuclear intentions is a realistic assessment of the risk posed in the unlikely event that the intelligence community’s consensus is wrong, and Iran after all succeeds in acquiring nuclear weapons. As former heads of Mossad and others have pointed out the existential threat to Israel even then would still be extremely low. It would be obvious that Iran’s few bombs could never be used against Israel or elsewhere without producing an annihilating response. There is no evidence that Iran has any disposition to commit national suicide.

 

There is a further troubling aspect of how this issue is being addressed. Even in the Risen article it is presumed that if the evidence existed that Iran possesses a nuclear weapons program, a military attack would be a permissible option. Such a presumption is based on the irrelevance of international law to a national decision to attack a sovereign state, and a silent endorsement of ‘aggressive war’ that had been criminalized back in 1945 as the principal conclusion of the Nuremberg Judgment.

 

This dubious thinking has gone unchallenged in the media, in government pronouncements, and even in diplomatic posturing. We need to recall that at the end of World War II when the UN was established states agreed in the UN Charter to give up their military option except in clear instances of self-defense. To some extent over the years this prohibition has been eroded, but in the setting of Iran policy it has been all but abandoned without even the pressure of extenuating circumstances.

 

Of course, it would be unfortunate if Iran acquires nuclear weapons given the instability of the region, and the general dangers associated with their spread. But no international law argument or precedent is available to justify attacking a sovereign state because it goes nuclear. After all, Israel became a stealth nuclear weapons state decades ago without a whimper of opposition from the West, and the same goes for India, Pakistan, and even North Korea’s acquisition of weapons produced only a

muted response that soon dropped from sight.

 

There are better policy options that are worth exploring, which uphold international law and have a good chance of leading to regional stability. The most obvious option is containment that worked for decades against an expansionist Soviet Union with a gigantic arsenal of nuclear weapons. A second option would be to establish a nuclear weapons free zone for the Middle East, an idea that has been around for years, and enjoys the endorsement of most governments in the region, including Iran. Israel might seem to have the most to lose by a nuclear free zone in the Middle East because it alone currently possesses nuclear weapons, but Israel would benefit immensely by the reduction in regional tensions and probable economic and diplomatic side benefits, particularly if accompanied by a more constructive approach to resolving the conflict with the Palestinian people. The most ambitious option, given political credibility by President Obama in his Prague speech of 2009 expressing a commitment to a world without nuclear weapons, would be to table a proposal for complete nuclear disarmament on a step-by-step basis. Each of these approaches seem far preferable to what is now planned, are prudent, accord with common sense, show respect for international law, a passion for the peaceful resolution of conflict, and at minimum deserve to be widely discussed and appraised.

 

As it is there is no legal foundation in the Nonproliferation Treaty or elsewhere for the present reliance on threat diplomacy in dealing with Iran. These threats violate Article 2(4) of the UN Charter that wisely prohibits not only uses of force but also threats to use force. Iran diplomacy presents an odd case, as political real politik and international law clearly point away from the military option, and yet the winds of war are blowing ever harder. Perhaps even at this eleventh hour our political leaders can awake to realize anew that respect for international law provides the only practical foundation for a rational and sustainable foreign policy in the 21st century.

THE ORDEAL OF HANA SHALABI: Medical Urgency and Spiritual Defiance

22 Mar


 

            The respected human rights NGOs, Addameer-Palestine and Physicians for Human Rights-Israel, have expressed their deep concern for the mortal danger facing Hana Shalabi who continues her historic hunger strike to protest abuse that she experienced and her objections to the Israeli practice of prolonged detention without charges, without trial. There are reported to be currently as many as 24 other Palestinians in administrative detention that have declared their own hunger strike in solidarity with Hana Shalabi’s protest.

 

            There are signs of growing expressions of global awareness and solidarity, including a vigil in Trafalgar Square on 23 March at 6:30 pm and Day of Action in Glascow, Scotland on the following day. There are new allegations that even in her present circumstances of clinging to life, she has been abused by prison authorities, and her family has been denied visitation rights.  Her father, Yahya Shalabi, is quoted as saying, “My daughter sticks to her words and promises. She has committed to do this for herself and Palestine.” And Hana Shalabi has herself said of this sacrificial commitment, “[i]t is true that our lives are very precious, but our freedom is even more precious and more powerful than their cells.” Although Israeli newspapers refer to Hana Shalabi in the dehumanizing rhetoric of  ‘a terrorist suspect’ without even acknowledging that a hunger strike is the absolute opposite of terrorism: it turns violence against the innocent self so as to illuminate the wrongs of the guilty other who is rendered exempted from physical harm, and to the extent that others are targets at all, it is in the form of extraordinary appeals to their consciousness and conscience. We all must not allow these acts of spiritual defiance be in vain. I am posting below the statement released by PHR-I two days ago and a revised version of an earlier post of mine that was published a few  days earlier by Al Jazeera.

 

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Full text of Physicians for Human Rights – Israel statement

On the 33rd day of her hunger strike, administrative detainee Hana Shalabi is in danger of imminent death

On the 33rd day of her hunger strike, administrative detainee Hana Shalabi is in danger of imminent death. An independent physician from Physicians for Human Rights – Israel (PHR-Israel) examined her today and determined that she must be hospitalized immediately

Physicians for Human Rights: the Prison Service treatment of Shalabi violates medical ethics

Hana Shalabi, an administrative detainee held at the Sharon Prison, has been on hunger strike for more than a month, in protest of her violent detention, the humiliating and hurtful search that was conducted on her upon her detention, and also in protest of being held in administrative detention. A hearing on her case is expected to be held at the military court.

This morning (March 19th) an independent physician visited Hana Shalabi on behalf of PHR-Israel, and she states that there has been a significant deterioration in her condition, and that she risks death. The deterioration is expressed in a process of muscle breakdown, with a weight loss of 14 kg (31 lb.) since the onset of the hunger strike, a very slow pulse, and a drop in blood sodium levels. These symptoms could indicate grave damage to the heart and the beginning of the breakdown of the heart muscle, which could lead to heart failure at any moment.

Additionally, her body temperature is low (hypothermia), recorded at 35.05C (95.09F), with Shalabi reporting that she feels cold. This finding indicates that the energy production in her body is mostly directed at the essential organs, which also indicates possible damage to the heart, which could be expressed in arrhythmia, systemic deterioration, or sudden death. The attending physician adds that Shalabi is not taking medications, has gone from ambulatory independence to being dependent on others for locomotion, and suffers from significant weakness, low blood pressure, serious pain throughout her body, significant sensitivity in her upper abdominal region, and serious dizziness.

The results of the blood test taken on March 14th indicate a drop in the levels of blood glucose and sodium, and damage to the thyroid functions. The thyroid plays a critical role in maintaining body temperature, as well as heart, liver, and brain function. Significant damage to the thyroid gland could lead to a coma, and this possibility is clearly present with regard to Shalabi. Additionally, blood work done today indicates disruption of the clotting functionality, and a significant lack of iron and vitamins.

Following her examination, the physician has determined that Shalabi is in immediate danger to her life, and recommended that she be transported to a hospital with no delay, for close supervision and follow-up. The Prison Service has announced that it has transported Shalabi to the Meir Hospital in Kfar Saba pursuant to the recommendation of the physician.

Physicians For Human Rights Israel today calls out the problematic conduct by the Israeli Prison Service in its treatment of Hana Shalabi:

  • Great pressure is being exerted on Shalabi to stop the hunger strike, both by the Prison Service Ethics Committee and the Muslim cleric who is a member of that committee.
  • The Chief Medical Officer for the Prison Service communicated with the PHR-I physician, asking that she persuade Shalabi to stop her strike. This clearly violates the principles of medical ethics.
  • Hana’s communication with the PHR-I physician who is supposed to follow up closely on her health – is very limited. For example, when Shalabi asked to see the PHR-I physician last week, the Prison Service did not inform the physician of this request.
  • The results of Shalabi’s blood tests, as communicated to the PHR-I physician last week, over a phone call with the Chief Medical Officer for the Prison Service, were found to be different from the printed results, which were sent from the lab and given to the PHR physician to review physically today. The results conveyed presented a different medical picture than that which actually existed in reality.
  • It seems that the question of force-feeding has not been ruled out, and that the discussion of this matter continues in the Prison Service Ethics Committee.
  • It appears that an attempt is being made to undermine Shalabi’s faith in the independent physician by presenting her with incorrect information. In the course of the physician’s examination today, Shalabi indicated that she had been told by the Prison Service representatives that the PHR independent physician had given the blood tests to the Prison Service, and that she did not wish to take them herself.

Physicians For Human Rights again expresses extreme concern for Hana Shalabi’s life. The organization expresses its dismay at the fact that medical teams are still considering the possibility of force-feeding her, despite the fact that international treaties prohibit this.

The organization calls upon the local and the international community to act immediately and intervene for the release of Shalabi, and to act to end Israel’s use of administrative detention.

For reports of prior examinations by the PHR physician see: March 13th.

Background:

On 23 February 2012 an administrative detention order for six months was issued for Ms. Hana Shalabi. On 29 February there was a hearing regarding her detention in Ofer military court. On 4 March the military court decided to reduce the detention period from six to four months, but without promising to extend or renew it. As a result, Ms. Hana Shalabi announced she would continue to hunger strike until her release. On 7 March, an appeal hearing regarding the court’s decision was held at Ofer, and the military judge ordered the parties to try and reach a compromise by Sunday 11 March, but no agreement has yet been reached.

Administrative detainees’ protests are growing. Two additional administrative detainees, Bilal Diab and Thair Halahleh declared hunger strikes on 1 March, which they claim will continue until their release from administrative detention. On 3 March, two other administrative detainees declared hunger strikes until their release. Since the beginning of March, a number of administrative detainees have refused to acknowledge the military court and refused to participate in legal hearings of their cases. Due to Israel’s use of administrative detention, and the unwillingness of the military court to interfere in this practice, a hunger strike serves as a non-violent and the sole tool available to administrative detainees to protest and fight for their basic human rights.

Approximately 309 Palestinians are currently held in administrative detention in Israeli prisons. Administrative detention allows Israel to hold detainees for indefinitely renewable six-month periods. The arrest is granted on the basis of “secret information” and without a public indictment. Therefore, administrative detainees and their lawyers cannot defend against these allegations in court.

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Hana Shalabi: The Challenge of Palestinian Nonviolence

 

            No sooner had Khader Adnan ended his 66-day, life threatening hunger strike than new urgent concerns are being voiced for Hana Shalabi, another West Bank hunger striker now without food for more than 34 days.  With a grim irony there is continuity between these acts of spiritual defiance as both Khader Adnan and Hana Shalabi have been held in the same room at the Ramleh Prison Hospital.

 

            Both strikes are directed against the abusive use of administrative detention by Israeli West Bank occupying military forces, protesting both the colonial practice of internment without charges or trial and the degrading and physically harsh treatment administered during the arrest, interrogation, and detention process.

 

            The case of Hana Shalabi should move even the hardhearted. She seems a sensitive and caring young woman of 29 who is a member of Islamic Jihad, and appears dedicated to her family, hopes for marriage, and such simple pleasures as shopping for clothes and home furnishings. She had previously been held in administrative detention at the HaSharon prison in Israel for a 30 month period between 2009 and 2011, being released in the prisoner exchange of four months ago that freed 1027 Palestinians and the lone Israeli soldier captive, Gilad Shalit. After her release, according to her mother, she spent weeks recovering from the deep sense of estrangement she experienced in prison, and rarely left her home or the company of her family. As she was returning to normalcy she was re-arrested in a highly abusive manner, which allegedly included a strip-search by a male soldier at the interrogation center and other behavior intended to humiliate and intimidate.

 

            On February 16, 2012, the day of this renewal of her administrative detention, Hana Shalabi announced her resolve to start a hunger strike to protest her own treatment and to demand an end of administrative detention now relied upon by Israel to hold at least 309 Palestinian in prison. Her family has been denied visitation rights even in her present critical condition, Hana Shalabi was placed in solitary confinement at the outset of her detention, and her health has deteriorated to the point of severe concern for her health, even her life. According to her lawyer, Raed Mahameed, Hana Shalabi was examined by a doctor from Physicians for Human Rights and the doctor said that “she suffers from low heart beat rate, low blood sugar, loss of weight, weakness in muscles, yellowing of the eyes and high levels of salt in the blood which affected her kidneys causing her pain in her sides specially the left side as well as pain in chest bones. Physicians for Human Rights said that Shalabi cannot sleep because of pain, she also suffers dizziness and blurred and occasional loss of vision. Ms. Shalabi told Mahameed that she took salt last week but refused to take any salt since then and is living on two litres of water a day.”

            Impressively, her parents have committed themselves to a sympathy hunger strike for as long as their daughter remains under administrative detention. Her mother, Badia Shalabi, has made a video in which she says that even to see food makes her cry considering the suffering of her daughter. Her father has likewise made a global appeal to save the life of his child.

 

            Despite frequent mentoring to Palestinians from liberals in the West to rely on nonviolent tactics of resistance, these extraordinary hunger strikes have met with silence or indifference in both Israel and the West. Israeli authorities cynically declare that undertaking a hunger strike is a voluntary action and a publicity stunt for which they take no responsibility and that the striker is alone responsible if any harm results. There is also not a hint that Palestinian grievances about administrative detention are well founded and will even be considered much less acted upon. Such hardheartedness in the face of such sacrificial bravery is a sure sign that Israel is not ready for a sustainable and just peace with Palestine.

 

            The UN also disappoints those who believe in its ideals. It has not raised its voice even to take notice of Hana Shalabi’s plight or Israeli accountability. I share the view of Khitam Saafin, Chairwoman of The Union of Palestinian Women’s Committees: “The UN must be responsible for the whole violation that are going on against our people. These prisoners are war prisoners, not security prisoners, not criminals. They are freedom fighters for their rights.” The sad yet inspiring spiritual defiance of Hana Shalabi is also well expressed by Yael Maron, a spokesperson for the NGO, Physicians for Human Rights- Israel: “The story of Hana Shalabi, like that of Khader Adnan before, is in my opinion a remarkable example of a struggle that’s completely nonviolent towards one’s surroundings..It is the last protest a prisoner can make, and I find it brave and inspiring.”

 

            To engage in an open ended hunger strike, especially for a person who is not in a leadership role, requires a deep and abiding dedication to right a perceived wrong of the greatest gravity. It is physically exceedingly painful and dangerous to bodily health, as well as being psychologically demanding in the extreme. It presupposes the strongest of wills, and usually arises, as in these instances, from a sense that any lesser form of resistance has proved futile, exhibiting a long record of failure. In the end, this unconditional hunger strike is an appeal to the conscience and humanity of the other, and a desperate call to all of us, to understand better the cartography of abuse that abusive imprisonment and occupation entails, which can only be pervasively humiliating for a religiously oriented young Islamic woman. To risk life and health in this way without harming or even threatening the oppressor is to turn terrorism against the innocent on its head. It is potentially to sacrifice one’s life to make an appeal of last resort, an appeal that transcends normal law and politics, and demands our response.

 

            We can only fervently hope and pray that Hana Shalabi’s heroic path of resistance will end with her release and the complete restoration of her health. For Israel’s own moral wellbeing it is time, really long past time, to renounce reliance on administrative detention and to do more than this, to end forthwith its varied crimes of occupation. At this point the only possible way to do this is to withdraw unconditionally behind the 1967 borders, and to start peace negotiations from such an altered position of acknowledged wrongdoing without asking or expecting any reciprocal gesture from the Palestinian side. In the present atmosphere, it is politically unimaginable that Israeli leaders will heed such a call, but it is morally unimaginable that Israel will survive an impending spiritual collapse if it does not quickly learn to do so.

 

            In the meantime, we who are beyond these zones of occupation, abuse, and imprisonment, must do more than stand and watch as this tragic drama plays itself out.  We need to do all we can to strengthen the demands of Khader Adnan, Hana Shalabi, and all are refusing food in solidarity for the immediate release of all Palestinians currently held in administrative detention, for an end to detention without charges, to abusive arrests in the middle of the night, and beyond this, and to an end to an occupation that has lasted for 45 years with no end in sight.

Hana Shalabi: A Brave Act of Palestinian Nonviolence

10 Mar

                                                                (photo by Joe Catron)

            No sooner had Khader Adnan ended his 66 day life threatening hunger strike than new urgent concerns are being voiced for Hana Shalabi, another West Bank hunger striker now without food for more than 24 days. Both strikes were directed by Palestinian activists against the abusive use of administrative detention by Israeli West Bank occupying military forces, protesting both the practice of internment without charges or trial and the degrading and physically harsh treatment administered during the arrest, interrogation, and detention process.

 

            The case of Hana Shalabi should move even the most hardhearted. She seems a young tender and normal woman who is a member of Islamic Jihad, and is dedicated to her family, hopes for marriage, and simple pleasures of shopping.

She had previously been held in administrative detention at the HaSharon prison in Israel for a 30 month period between 2009 and 2011, being released in the prisoner exchange of four months ago that freed 1027 Palestinians and the lone Israeli soldier captive, Gilad Shalit. Since her release she has been trying to recover from the deep sense of estrangement she experienced in prison, and rarely left her home or the company of her family. As she was returning to normalcy she was re-arrested in an abusive manner, which allegedly included a strip-search by a male soldier. On February 16, 2012, the day of this renewal of her administrative detention, Hana Shalabi indicated her resolve to start a hunger strike to protest her own treatment and to demand an end of administrative detention now relied upon by Israel to hold at least 309 Palestinian in prison. Her parents have been denied visitation rights, Hana Shalabi has been placed in solitary confinement, and her health has deteriorated to the point of concern for her life. Impressively, her parents have committed themselves to a hunger strike for as long as their daughter remains under administrative detention. Her mother, Badia Shalabi, has made a video in which she says that even to see food makes her cry considering the suffering of her daughter.

 

            Despite the calls to Palestinian from liberals in the West these extraordinary hunger strikes have met with silence or indifference in both Israel and the West. Israeli authorities declare that such a posture is a voluntary action for which they have no responsibility. The UN has not raised its voice, as well. I share the view of Khitam Saafin, Chairwoman of Union of Palestinian Woman’s Committee: “The UN must be responsible for the whole violation that are going on against our people. These prisoners are war prisoners, not security prisoners, not criminals. They are freedom fighters for their rights.” The plight of Hana Shalabi is also well expressed by Yael Maron, a spokesperson for the Israeli NGO, Physicians for Human Rights- Israel: “The story of Hana Shalabi, like that of Khader Adnan, before is in my opinion a remarkable example of a struggle that’s completely nonviolent towards one’s surroundings..It is the last protest a prisoner can make, and I find it brave and inspiring.”

 

            To engage in an open ended hunger strike, especially for a person who is not in a leadership role, requires a deep and abiding dedication to right a perceived wrong of the greatest gravity. It is physically painful and dangerous to bodily health, as well as being psychologically demanding in the extreme. It presupposes the strongest of wills, and usually arises, as in these instances, from a sense that any lesser form of resistance is futile, and has a long record of failure. In the end, it is an appeal to the conscience and humanity of the other, and a desperate call to all of us, to understand better the cartography of abuse that abusive imprisonment entails, which I would imagine is pervasively humiliating for a religiously oriented young Islamic woman. To risk life this way without harming or even threatening the oppressor is to turn terrorism against the innocent on its head. It is potentially to sacrifice one’s life to make an appeal of last resort, an appeal that transcends normal law and politics.

 

            We can only fervently hope and pray that Hana Shalabi’s heroic path of resistance will end with her release and the restoration of her health. For Israel’s own moral wellbeing it is time, really long past time, to renounce reliance on administrative detention and to do more than this, to end forthwith its varied crimes of occupation. At this point the only possible way to do this is to withdraw unconditionally behind the 1967 borders, and to start peace negotiations from that altered position. It is politically unimaginable that Israeli leaders will heed such a call, but it is morally unimaginable that Israel will survive its impending spiritual collapse if it does not do so.

 

(photo by Joe Catron)

            In the meantime, we who are beyond these zones of occupation, abuse, and imprisonment must not only stand and watch as this tragic drama plays itself out. Wherever we are, whatever we can do, we need to act, to appeal, to shout, and to denounce the inhumanity of allowing such cruelty to be enacted before our watching eyes. 

Saving Khader Adnan’s Life and Legacy

21 Feb


 

            It is a great relief to those millions around the world who were moved to prayer and action by Khader Adnan’s extraordinary hunger strike of 66 days that has ended due to Israel’s agreement to release him on April 17. We who were inspired by such a heroic refusal to accept humiliation and arbitrary arrest can only hope that for the sake of his family, for the cause of Palestinian resistance, and for the struggle to achieve a just peace that Mr. Adnan will fully recover to resume his personal and political life. We can not take for granted that there will be a full recovery given Mr. Adnan’s critical condition confirmed by examining doctors, just prior to his decision on February 21 to resume eating in a normal manner.

 

            While it is appropriate to celebrate this ending of the strike as ‘a victory’ there are several disturbing features that deserve comment. To call an arrangement that saved someone’s life a ‘deal,’ as the media consistently put it, is itself demeaning, and reveals at the very least a failure to appreciate the gravity and deep dedication of purpose that is bound up with such a nonviolent form of resistance. Similarly, the carelessness of the initial reactions was notable, often referring to Mr. Adnan’s ‘release’ when in fact he will be still held in administrate detention for several more weeks, and could conceivably be confined much longer, should Israeli military authorities unilaterally decide that ‘substantial evidence’ against him emerges in this period immediately ahead.

 

            It should also be noted that on matters of policy and principle Israel did not retreat even an inch: in relation to Mr. Adnan, he will be remain in captivity and will be subject to the ‘legal’ possibility that his period of imprisonment could still be extended indefinitely; beyond this, Israeli authorities express no willingness whatsoever to review the cases of the 309 other Palestinians who are presently being held under the administrative detention procedure.

 

            These Palestinians being held include one prisoner detained for more than 5 years, and 17 others for periods of 2-4 years. Israel did not even agree to a review of their misapplications of this administrative procedure within their own frameworks of claims about addressing imminent security threats. The general justification of administrative procedures by governments that rely upon it is to insist that its use is reserved for true and credible emergency situations. But as Mustafa Barghouti points out in the New York Times (February 22, 2012) such a claim strains credulity past the breaking point in the Israeli case. Barghouti writes tellingly that it is worth observing “that among..[those] Palestinians now held in ‘administrative detention’ are 21 of the 120 elected members of the Palestinian Legislative Council, most of whom have  been held for years for no apparent crime other than being democratically elected in 2006, in an election universally regarded as free and fair, as candidates of the party which won a clear majority of seats but which Israel does not like.” In other words, the Israeli claims of exceptional circumstances taking precedence over due process protections do not exist in many of the evident political uses of administrative detention as a means of weakening all forms of Palestinian resistance, including nonviolent opposition politics.

 

            It should also be noted that Israeli commentary treated the arrangement ending the standoff produced by the hunger strike with measured cynicism if not disdain. Even those Israeli who supported the agreement justified it as a practical way of avoiding trouble down the road should Khader Adnan have died while held by Israelis, given the breadth and depth of support his extended hunger strike was receiving among Palestinians and sympathizers from around the world. Keeping Mr. Adnan alive was also seen by Israelis as a means to avoid a wider scrutiny of the institution and practice of administrative detention as it has been used by the Israeli military ‘justice’ system.

 

            Also the timing of the announcement of the arrangement is significant. It was made an hour before an emergency session of the Israeli Supreme Court that was scheduled to hear Mr. Adnan’s petition for release, and there is speculation that although this highest judicial body in Israel has in the past consistently supported the military position in such instances, the situation was so extreme that it might prove embarrassing for Israeli military authorities. There were even some worries on the Israeli side that the extremities of this case could produce an adverse result and even a repudiation of the manner in which Israeli authorities used administrative detention as a procedure allegedly for security, but seemingly for the harassment and intimidation of militant opponents of an oppressive occupation that has continued for 45 years and is aggravated by continuously appropriating Palestinian land and water for the benefit of settlement expansion while disrupting and cleansing long-term Palestinian residency.

 

            What was entirely absent from the Israeli public discourse was some expression of compassion, even if only for the family of Mr. Adnan, which consists of two daughters of four years or less and his articulate pregnant wife, Randa. There was not even the slightest show of respect for the dignity of Mr. Adnan’s long hunger strike or sympathy for the acute suffering that accompanies such a determined foregoing of food and speech for an extended period. Instead, the Israeli commentary that was supportive of the arrangement stressed only pragmatic considerations from the perspective of Israel’s interests. It was one more lost opportunity for Israelis of all shades of opinion to reach across the abyss of political conflict to affirm a common humanity.

 

            But in a contrary spirit, the spokesperson for the Netanyahu government, Mark Regev, seemed only interested in deflecting criticism directed at Israel. He parried criticism by cynically observing that other governments rely on administrative dentention in the name of security, including the United States, so why shouldn’t Israel. He also added that the legality of Israel’s use of administrative detention should not be questioned since it depended not on an Israeli law, but on a 1946 law enacted when Britain was controlling Palestine, unintentionally conceding that Israel was the ‘colonial’ successor to the British! If the legal veil is lifted from administrative detention its character is one of ‘internment,’ a standard practice of colonial powers in dealing with unruly natives.

 

            Of course, Israeli ultra hardliners went further in this direction, referring to Mr. Adnan as ‘a terrorist’ despite the vagueness of official allegations that didn’t ever make such a claim, but only mysteriously contended that he constituted what an official in Tel Aviv described as ‘a threat to regional security,’ whatever that might mean. As might be expected, the notorious Israeli Foreign Minister, Avigdor Lieberman, was characteristically forthright, calling his ‘release’ ‘a wrong decision’ yet accepting the outcome because it is ‘our duty to honor and respect every Supreme Court decision even when we don’t agree with it.” As we know, Mr. Adnan was not released nor did the Israeli Supreme Court make a decision.  This comedy of errors by a leading government official should raise questions about Lieberman’s competence, not to mention his questionable political judgment as to policy. Lieberman’s mean spiritedness extended to attacks on Arab members of the Knesset who visited Mr. Adnan as somehow an indication that  by so doing they were ‘representing terrorists.’ Similarly, MK Danny Danon ignored the context and scorned the agreement ending the hunger strike by calling it reprehensible, an instance of a ‘[capitulation] to terrorism.’

 

            The issues directly raised by this hunger strike are ones of human rights and humane treatment, as well as reliance on administrative detention, and are quite independent of whether or not we endorse Mr. Adnan’s past and present tactics of resistance, which are not at all clear. Some apologists for Israel have tried to deflect these ethical and legal concerns by emphasizing Mr. Adnan’s association with Islamic Jihad and its record of violent attacks and extremist politics. Israelis casually refer to Mr. Adnan as a ‘terrorist’ without charges or proof. He has, in fact, been most often described in recent years more neutrally by those knowledgeable about his role and activities as a spokesperson for Islamic Jihad, but not engaged beyond this. There is no indication in his past or present that he was directly involved in violence, although an undated and unverified YouTube video has surfaced somewhat suspiciously in which Mr. Adnan is depicted as advocating violent resistance and an active recruiter of suicide bombers. Although Islamic Jihad has been responsible in the past for suicide bombings it has seemingly abandoned the practice, which is in line with the repudiation of such forms of violent resistance by Hamas more than ten years ago. Mr. Adnan’s prior arrests  stemmed from militant peaceful demonstrations that landed him in Israeli jails seven times, a Palestinian Authority prison once, and induced him to undertake shorter hunger strikes on three previous occasions, one as recently as 2010.  From what is known, Mr. Adnan is definitely a committed activist who has associated himself with Islamic Jihad, but works on a daily basis as a village baker and maintains a strong family role and popular community presence in his small West Bank town of Arraba.

 

            It is important to pause long enough to take account of Khader Adnan’s achievement, symbolically, substantively, and with respect to future possibilities. We should note that Mr. Adnan’s hunger strike of 66 days is the exact length of Bobby Sands’ hunger strike in 1981 strengthening the bond between the two men, a bond that has been movingly confirmed by a number of Irish family members of their strikers. What is more, the date of Bobby Sands’ death, May 5, 1981, is generally viewed as the turning point in the Irish struggle, the time when the British Government finally started treating the IRA as a political actor with genuine grievances rather than as a terrorist organization that must be run into the ground and exterminated. We can only hope that Febuary 21, 2012 will live in history as a turning point in the Palestinian struggle. Only the future will reveal whether this is a pious wish on my part or becomes over time a historical reality.

 

            Substantively, it is crucial to support a campaign to free the other several hundred Palestinians currently being held in administrative detention and to exert enough pressure to end reliance on the practice altogether. Mr. Adnan’s brave stand will have been mostly without effect if his compelling exposure of the cruelty and arbitrariness of Israeli reliance on administrative detention is allowed to slip from view now that his strike is over. Instead, knowing what we have come to know, it is the responsibility of all of us to do all we can to discredit and force the abandonment of administrative detention by Israel, and as well, challenge its role in the United States and elsewhere. A fitting tribute to Mr. Adnan’s hunger strike would be to put opposition to administrative detention on the top of the human rights agenda throughout the world. We should begin by refusing to use the phrase ‘administrative detention,’ rechristening it as ‘administrative torture’ or ‘lawless captivity,’ and associate with past colonial and present authoritarian tendencies of ‘democratic’ governments.

 

            And finally, we will know the enduring significance of Mr. Adnan’s self-sacrifice by what takes place in the future. Will this event, possibly along with other influences, inspire a greater commitment to the Palestinian struggle for peace, justice, and liberation in occupied Palestine and throughout the world? Maybe ‘the regional threat’ that was being referred to by the Israeli official justifying Mr. Adnan’s detention was an indirect, and hopefully accurate reference to the growing impact of the positive sides of the Arab Spring, that is, as an occasion prompting a further awakening of self-empowerment among Palestinians both in relation to their struggle and in their renewed quest for unity among themselves. In effect, let us hope that Khader Adnan’s bravery becomes contagious and will be remembered as a charismatic event in the long narrative of the Palestinian struggle for self-determination.


           

Saving Khader Adnan’s Life Saves Our Own Soul

18 Feb


             The world watches as tragedy unfolds beneath its gaze as Khader Asnan enters his 63rd day as a hunger striker in an Israeli prison being held under an administrative detention order without trial, without charges, and without any indication of the evidence against him. From the outset of his brutal arrest by scores of soldiers, featuring blindfolding, cuffing, and physical roughness in the middle of the night, a gratuitous ritual enacted the presence of his wife and young daughters Khader Adnan has been subject to the sort of inhumane and degrading treatment that is totally unlawful and inexcusable, and an assault on our moral justification. At present, approximately 300 other Palestinians are being held in administrative detention, and Mr. Adnan has indicated that his protest is also on their behalf, and indeed against the practice of administrative detention itself.

 

            The only plausible explanation of such Israeli behavior is to intimidate by terrifying all Palestinians who have lived for almost 45 years under the yoke of an oppressive occupation that continuously whittles away at Palestinian rights under international humanitarian law, especially their right to self-determination, which is encroached upon every time a new housing unit is added to the colonizing settlements that dot the hilltops surrounding Jerusalem and throughout the West Bank. While Palestinian prospects of a viable political future are continuously diminished by Israeli expansionism the world politely watches in stunned silence. Only resistance from within and solidarity worldwide can provide the Palestinians with hope about their future. They have been failed over and over again by the UN, by the EU, by their Arab neighbors, and above all by that global leader beholden to Israel whose capital is in Washinton, D.C.! It is only against this broader background that the importance of Khader Adnan’s resistance to the continuing struggle of Palestinians everywhere can begin to be appreciated as a political act as well as an insistence on the sacred dignity of the human person.

 

            The case of Khader Adnan is a revealing microcosm of the unbearable cruelty of prolonged occupation, and the contrast that is drawn in the West between the dignity of a single Israeli prisoner held in captivity and the steadfast refusal to be attentive to the abuse of thousands of Palestinians languishing in Israeli jails through court sentence or administrative order.  Mr. Adnan’s father poignantly highlighted this contrast a few days ago by reference to Gilad Shalit, the Israeli soldier held by Hamas in captivity for several years and recently released in good health: “Where are the mother and father of Gilad Shalit? Do they not feel for me in this humanitarian case? Where are they?” The comparison pointedly suggests that it is Mr. Adnan who is the more deserving of such a global outpouring of concern: “My son was arrested from his house, from among his wife and children, was taken prisoner. He was not carrying any weapon. Whereas Shalit was fighting against the people of Gaza, and destroying their homes, and firing upon, and Shalit was released.” In fact, Shalit has not been personally associated with violence against the Palestinians and their property, but he was operating as a member of the IDF that has been consistently engaged in such activity, frequently in stark violation of international humanitarian law. While Shalit was being held foreign authority figures, from the UN Secretary General on down, displayed their empathy not only for Shalit but for the intense anxiety experienced by Israelis concerned for the wellbeing of Shalit, but these same personalities are notably silent in the much more compelling ordeal taking place before our eyes in the form of Mr. Adnan’s captivity seemingly unto death. It should not be surprising that surviving family members of IRA hunger strikers should step forward to express solidarity with Mr. Adnan and the compare the Irish transforming acts of resistance in 1981 (ten hunger strikers died, and Britain shifted from counterterrorism to a politics of reconciliation) to that of the Palesinians, increasingly referring to Khader Adnan as the West Bank Bobby Sands.

 

            And who is Khader Adnan? We do not know very much about him except that he is a member of the Islamic Jihad Party, a 33-year old father of two young daughters, a baker by profession, and viewed with respect and affection by his neighbors. There are no accusations against him that implicate him in violence against civilians, although he has a history of imprisonment associated with his past activism. A fellow prisoner from an earlier period of confinement in Ashkelon Prison, Abu Maria, recalls Mr. Adnan’s normalcy, humanity, and academic demeanor while sharing a cell, emphasizing his passionate dedication to informing other imprisoned Palestinians about the history and nature of the conflict: “Prison was like a university in those times and he was one of the professors.” Commenting on his hunger strike that has brought him extreme pain, Abu Maria says he is convinced that Khader Asnan wants to live, but will not at the price of enduring humiliation for himself and others held in administrative detention: “He is showing his commitment and resistance in the only way he can right now, with his body.”

 

            Addameer, the respected Palestinian NGO concerned with prisoner issues, “holds Israel accountable for the life of Khader Adnan, whose health has entered an alarmingly critical stage that will now have irreversible consequences and could lead to his fatal collapse at any moment.” Physicians who have observed his current condition conclude that, at most, Mr. Adnan could live a few more days, saying that such a hunger strike cannot be sustained beyond 70 days in any event. Any attempt at this stage to keep Mr. Adnan alive by forced feeding would be widely viewed as a violation of his right to life and is generally regarded as a type of torture.

 

            Finally, the reliance by Israel on administrative detention in cases of this sort is totally unacceptable from the perspective of international law, including the Geneva Conventions, especially so with no disclosure of the exceptional circumstances or evidence that might warrant for reasons of imminent security the use of such an extra-legal form of imprisonment for a few days. Given the number of Palestinians being held in a manner similar to that of Mr. Adnan, it is no wonder that sympathy hunger strikes among many Palestinians in and out of Israeli jails are underway as expressions of solidarity. Have we not reached a stage in our appreciation of human rights that we should outlaw such barbarism by state authorities, which is cunningly shielded from critical scrutiny by the anonymity and bureaucratic neutrality of the term ‘administrative detention’? Let us hope and make sure that the awful experience of Khader Adnan does not end with his death, and let us hope and do everything in our power to encourage a worldwide protest against both administrative detention and prisoner abuse and by the government of Israel, and in due course elsewhere. The Palestinian people have suffered more than enough already, and passivity in the face of such state crimes is an appalling form of complicity. We should expect more from our governments, the UN, human rights NGOs, and ourselves!

 

            



Help End the Hunger Strike of Khader Adnan

15 Feb

I am publishing here my press release of today expressing urgent concern about the fate of Khader Adnan, a Palestinian activist, who is near death resulting from his continuing hunger strike that expresses his refusal to accept the humiliating conditions of imprisonment without charges and accompanied by an Israeli court approved denial of visitation rights to his wife. Please do whatever you can to exert pressure to obtain the immediate release of Mr. Adnan, and to make the world aware that Israel is responsible for respecting his rights and protecting his wellbeing.  The text below is released under the auspices of the UN Office of the High Commissioner of Human Rights, and prepared in my role as Special Rapporteur for Occcupied Palestine of the Human Rights Council.

*****

> Israel: UN rights expert appeals for international help for a Palestinian
> prisoner on hunger strike
>
> CAIRO / GENEVA (15 February 2012) – The United Nations Special Rapporteur
> on the situation of human rights in the Palestinian territories occupied
> since 1967, Richard Falk, expressed his urgent and extreme concern
> regarding the situation of Palestinian prisoner Khader Adnan, and urged
> the international community to intervene on his behalf.
>
> “I call on the international community, especially States with close
> relations with Israel, to urge the Israeli Government to fulfill its
> responsibilities under international law, most urgently with regard to Mr.
> Adnan,” the human rights expert said. Mr. Adnan, whose life is reportedly
> in jeopardy, has maintained a hunger strike for 60 days in response to the
> humiliating circumstances of his imprisonment without charges by the
> Government of Israel.
>
> “In view of the emergency of his situation, the Government of Israel must
> take immediate and effective action to safeguard Mr. Adnan’s life, while
> upholding his rights,” stressed the Special Rapporteur, who is currently
> undertaking a fact-finding mission to the region.
>
> Mr. Falk also called on the Government of Israel to respect its legal
> obligations pertaining to the several thousand Palestinians it has
> imprisoned. “The improper treatment of thousands of Palestinian prisoners
> by the Government of Israel should be of great concern to the
> international community, and it is a problem that I am paying close
> attention to in the context of my ongoing visit to the region.”
>
> The Special Rapporteur will convene a press conference at the end of his
> regional visit, on 20 February in Amman, and will submit a full report on
> his mission to the Human Rights Council in June 2012.
>
> ENDS
>
> In 2008, the UN Human Rights Council designated Richard Falk (United
> States of America) as the fifth Special Rapporteur on the situation of
> human rights on Palestinian territories occupied since 1967. The mandate
> was originally established in 1993 by the UN Commission on Human Rights.
>
> Learn more about the mandate and work of the Special Rapporteur:
> http://www2.ohchr.org/english/countries/ps/mandate/index.htm
>
> OHCHR Country Page – Occupied Palestinian Territories:
> http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx
>
> OHCHR Country Page – Israel:
> http://www.ohchr.org/EN/Countries/MENARegion/Pages/ILIndex.aspx
>
> For more information and media requests, please contact Kevin Turner (+41
> (0)79 509 0557 / kturner@ohchr.org) or write to sropt@ohchr.org.
>
> For media inquiries related to other UN independent experts:
> Xabier Celaya, OHCHR Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)
>
> UN Human Rights, follow us on social media:
> Facebook: https://www.facebook.com/unitednationshumanrights
> Twitter: http://twitter.com/UNrightswire
> YouTube: http://www.youtube.com/UNOHCHR
>
> Check the Universal Human Rights Index: http://uhri.ohchr.org/en
>

Support for BDS National Conference at the University of Pennsylvania

3 Feb

Due to scheduling conflicts I was unable to accept an invitation to speak at the 2012 National BDS Conference that has been organized by Penn BDS, a recognized student organization at the University of Pennsylvania, which happens to be my undergraduate college. I did agree to submit the statement to the conference that I post below in hopes of reaching more people who seek peace and justice in the Middle East, and an end to the long ordeal endured by the Palestinian people. BDS is a worthy cause that deserves the widest possible support from all those of good will with a concern about both the Israel/Palestine conflict and the unacceptable role being played by the United States Government in relation to the struggle and the region.

***********

Solidarity Statement of Richard Falk supporting BDS National Conference at the University of Pennsylvania, February 4, 2012

 

Greetings:

 

It is a cause of deep regret that I am not able to participate in this groundbreaking conference. I commend the conveners for taking this initiative in the face of efforts to intimidate and confuse by those who systematically oppose debate and free inquiry concerning the various dimensions of the Israel/Palestine conflict and its bearing on American foreign policy.

 

I have long supported the BDS as a constructive and creative movement that  raises awareness and mobilizes support for the Palestinian struggle to achieve a sustainable peace based on international law and a sense of justice. The BDS movement was originated by grassroots Palestinian activism, enjoys wide and growing support among Palestinians, and is a shining symbol of the seismic shift in Palestinian tactics of struggle and resistance from violent tactics to nonviolent militancy, and from the territorial confines of occupied Palestine to the world as a whole.

 

Such a shift is both principled and pragmatic, and deserves our encouragement and engagement in tangible ways. The targeting of companies and institutions that profit from Israel’s unlawful policies and practices is a creative and appropriate way for people from around the world to express solidarity with the Palestinian search for peace with justice. To seek sanctions is a means of exerting diplomatic and material pressure on Israel is light of its defiant refusal to accord the Palestinian people their rights under international law.

 

The BDS movement is certainly inspired by the anti-apartheid global campaign waged so effectively against the racist regime in South Africa, but it also has its own originality. It is notable that Israel’s style of governance and occupation is increasingly perceived as a form of apartheid, which has been recognized in the Statute of the International Criminal Court as a Crime Against Humanity.

 

I wish this conference the greatest possible success in spreading the word about the importance and relevance of the BDS campaign. It offers all Americans an excellent opportunity to become engaged and responsible citizens of conscience and offset the wildly partisan and unjust policies of the U.S. Government toward the conflict and its proper resolution.  

 

II/3/2012

Stop Warmongering in the Middle East

20 Jan

 

            The public discussion in the West addressing Iran’s nuclear program has mainly relied on threat diplomacy, articulated most clearly by Israeli officials, but enjoying the strong direct and indirect backing of Washington and leading Gulf states.  Israel has also engaged in covert warfare against Iran in recent years, somewhat supported by the United States, that has inflicted violent deaths on civilians in Iran. Many members of the UN Security Council support escalating sanctions against Iran, and have not blinked when Tel Aviv and Washington talk menacingly about leaving all options on the table, which is ‘diplospeak’ for their readiness to launch a military attack. At last, some signs of sanity are beginning to emerge to slow the march over the cliff. For instance, the Russian Foreign Minister, Sergei Lavrov, commented harshly on this militarist approach: “I have no doubt that it would pour fuel on a fire which is already smoldering, the hidden smoldering fire of Sunni-Shia confrontation, and beyond that [it would cause] a chain reaction. I don’t know where it would stop.” And a few days ago even the normally hawkish Israeli Minister of Defense, Ehud Barak, evidently fearful of international panic and a preemptive response by Tehran, declared that any decision to launch a military attack by Israel is ‘very far off,’ words that can be read in a variety of ways, mostly not genuinely reassuring.

 

            It is not only an American insistence, despite pretending from time to time an interest in a diplomatic solution, that only threats and force are relevant to resolve this long incubating political dispute with Iran, but more tellingly, it is the stubborn refusal by Washington to normalize relations with Iran, openly repudiate the Israeli war drums, and finally accept the verdict of history in Iran adverse to its strategic ambitions. The United States has shown no willingness despite the passage of more than 30 years to accept the outcome of Iran’s popular revolution of 1978-79 that nonviolently overthrew the oppressive regime of the Shah. We need also to remember that the Shah had been returned to power in 1953 thanks to the CIA in a coup against the constitutional and democratically elected government of Mohamed Mossadegh, whose main crime was to nationalize the Iranian oil industry. This prolonged unwillingness of Washington to have normal diplomatic contact with Iran has been a sure recipe for international tension and misunderstanding, especially taking into account this historical background of American intervention in Iran, as well as the thinly disguised interest in recovering access to Iran’s high quality oil fields confirmed by its willingness to go along with Israel’s militarist tactics and diplomacy.

 

            This conflict-oriented mentality is so strong in relation to Iran than when others try their best to smooth diplomatic waters, as Brazil and Turkey did in the May 2010, the United States angrily responds that such countries should mind their own business, which is an arrogant reprimand, considering that Turkey is Iran’s next door neighbor, and has the most to lose if a war results from the unresolved dispute involving Iran’s contested nuclear program. It should be recalled that in 2010 Iran formally agreed with leaders from Brazil and Turkey to store half or more of its then stockpile of low enriched uranium in Turkey, materials that would be needed for further enrichment if Iran was truly determined to possess a nuclear bomb as soon as possible. Instead of welcoming this constructive step back from the precipice Washington castigated the agreement as diversionary, contending that it interfered with the mobilization of support in the Security Council for ratcheting up sanctions intended to coerce Iran into giving up its right to a complete nuclear fuel cycle. Such criticism of Turkey and Brazil for its engagement with peace diplomacy contrasts with its tacit endorsement of Israeli recourse to terrorist tactics in its efforts to destabilize Iran, or possibly to provoke Iran to the point that it retaliates, giving Tel Aviv the pretext it seems to seek to begin open warfare.

 

Iran is being accused of moving toward a ‘breakout’ capability in relation to nuclear weapons, that is, possessing a combination of knowhow and enough properly enriched uranium to produce nuclear bombs within a matter of weeks, or at most months. Tehran has repeatedly denied any intention to become a nuclear weapons state, but has insisted all along that it has the same legal rights under the Nonproliferation Treaty as such other non-nuclear states as Germany and Japan, and this includes the right to have a complete nuclear fuel cycle, which entails enrichment capabilities and does imply a breakout capability. In the background, it should be realized that even the 1968 Treaty on the Nonproliferation of Nuclear Weapons contains a provision that allows a party to withdraw from the obligations under the treaty if it gives three months notice and ‘decides that extraordinary events..have jeopardized its supreme national interests.’(Article X) Such a provision, in effect, acknowledges the legal right of a country to determine its own security requirements in relation to nuclear weapons, a right that both the United States and Israel in different ways have implicitly exercised for decades with stunning irresponsibility that includes secrecy, a failure to pursue nuclear disarmament that is an obligation of the treaty, and a denial of all forms of international accountability. The real ‘threat’ posed by a hypothetical Iran bomb is to Israel’s regional monopoly over nuclear weapons. As three former Mossad chiefs have stated, even if Iran were to acquire a few nuclear bombs, Israel would still face no significant additional threat to its security or existence, as any attack would be manifestly suicidal, and Iran has shown no such disposition toward recklessness in its foreign policy.

 

            To be objective commentators we must ask ourselves whether Iran’s posture toward its nuclear program is unreasonable under these circumstances. Is not Iran a sovereign state with the same right as other states to uphold its security and political independence when facing threats from its enemies armed with nuclear weapons? When was the last time resorted to force against a hostile neighbor? The surprising answer is over 200 years ago! Can either of Iran’s antagonists claim a comparable record of living within its borders? Why does Iran not have the same right as other states to take full advantage of nuclear technology? And given Israeli hostility, terrorist assaults, and military capabilities that includes sophisticated nuclear warheads, delivery style, and a record of preemptive war making, would it not be reasonable for Iran to seek, and even obtain, a nuclear deterrent? True, the regime in Iran has been oppressive toward its domestic opposition and its president has expressed anti-Israeli views in inflammatory language (although exaggerated in the West), however unlike Israel, without ever threatening or resorting to military action. It should also be appreciated that Iran has consistently denied an intention to develop nuclear weaponry, and claims only an interest in using enriched uranium for medical research and nuclear energy. Even if there are grounds to be somewhat skeptical about such reassurances, given the grounds for suspicion that have been ambiguously and controversially validated by reports from International Atomic Energy Agency, this still does not justify sanctions, much less threats backed up by deployments, war games, projected attack scenarios, and a campaign of terrorist violence.

 

            So far no prominent advocates of confrontation with Iran have been willing to acknowledge the obvious relevance of Israel’s nuclear weapons arsenal. Is not the actuality of nuclear weaponry, not only an Iranian breakout potential but a substantial arsenal of Israeli weaponry secretly acquired (200-300 warheads), continuously upgraded, and coupled with the latest long distance delivery capabilities, the most troublesome threat to regional stability and peace? At minimum, are not Israel’s nuclear weapons stockpile highly relevant both to bring stability and for an appraisal of Iran’s behavior? The United States and Israel behave in the Middle East as if the golden rule of international politics is totally inapplicable, that you can do unto others, what you are unwilling to have them do unto you!

 

            We need, as well, to remember the lessons of recent history bearing on the counter-proliferation tactics relied upon in recent years by the United States. Iraq was attacked in 2003 partly because it did not have any nuclear weapons, while North Korea has been spared such a comparably horrific fate because it possesses a retaliatory capability that would likely be used if attacked, and has the capability to inflict severe harm on neighboring countries. If this experience relating to nuclear weapons is reasonably interpreted it could incline governments that have hostile relations to the West to opt for a nuclear weapons option as necessary step to discourage attacks and interventions. Surely putting such reasoning into practice would not be good for the region, possibly igniting a devastating war, and almost certainly leading to the spread of nuclear weapons to other Middle Eastern countries. Instead of moving to coerce, punish, and frighten Iran in ways that are almost certain to increase the incentives of Iran and others to possess nuclear weaponry, it would seem prudent and in the mutual interest of all to foster a diplomacy of de-escalation, a path that Iran has always signaled its willingness to pursue. And diplomatic alternatives to confrontation and war exist, but require the sort of political imagination that seems totally absent in the capitals of hard power geopolitics.  

 

            It should be obvious to all but the most dogmatic warmongers that the path to peace and greater stability in the region depends on taking two steps long overdue, and if not taken, at least widely debated in public: first, establishing a nuclear free Middle East by a negotiated and monitored agreement that includes all states in the region, including Israel and Iran; secondly, an initiative promoted by the United Nations and backed by a consensus of its leading members to outline a just solution for the Israel/Palestine conflict that is consistent with Palestinian rights under international law, including the Palestinian right of self-determination, which if not accepted by Israel (and endorsed by the Palestinian people) within twelve months would result in the imposition of severe sanctions. Not only would such initiatives promote peace and prosperity for the Middle East, but this turn to diplomacy and law would serve the cause of justice both by putting an end to the warmongering of recent years and to the intolerable denial of rights to the Palestinian people that goes back to at least 1947, and was later intensified by the oppressive occupation of East Jerusalem, West Bank, and Gaza that resulted from the outcome of the 1967 War.

 

            These manifestly beneficial alternatives to sanctions and war is neither selected, nor even considered in the most influential corridors of opinion-making. It is simple to explain why: world order continues to be largely shaped by the rule of power rather than the rule of law, or by recourse to the realm of rights, and no where more so than in the Middle East where the majority of the world’s oil reserves are located, and where an expansionist Israel refuses to make real peace with its neighbors while subjugating the Palestinian people to an unendurable ordeal. Unfortunately, a geopolitical logic prevails in world politics, which means that inequality, hierarchy, and hard power control the thought and action of powerful governments whenever toward strategic interests are at stake. Perhaps, a glance at recent history offers the most convincing demonstration of the validity of this assessment: Western military interventions in Iraq and Libya, as well as the intimidating threats of attacks on Iran, three states in the region with oil and regimes unfriendly to the West. Egypt and Tunisia, the first-born children of the Arab Spring, were undoubtedly politically advantaged by not being major oil producing states, although Egypt is not as lucky as Tunisia because Israel and the United States worry that a more democratic Egyptian government might abandon the 1978 Peace Treaty and show greater solidarity with the Palestinian struggle, and are doing what they can to prevent Cairo from moving in such directions.

 

            Fortunately, there is a growing, although still marginal, recognition that despite all the macho diplomacy of recent years, a military option is not really viable. It would not achieve its objective of destroying Iran’s nuclear capabilities, and it would in all likelihood confirm the opinions among Iranian hawkish factions that only the possession of nuclear weapons will keep their country from facing the catastrophe brought on by a military attack. Beyond this, attacking Iran would almost certainly unleash retaliatory responses, possibly blocking the Straits of Hormuz, which carry 20% of the world’s traded oil, and possibly leading to direct missile strikes directed at Israel and some of the Gulf countries. Given this prospect, there is beginning to be some indication that the West is at last beginning to consider alternatives to hot war in responding to Iran.

 

            But so far this realization is leading not to the peaceful initiatives mentioned earlier, but to a reliance on ‘war’ by other means. The long confrontation with Iran has developed its own momentum that makes any fundamental adjustment seem politically unacceptable to the United States and Israel, a sign of weakness and geopolitical defeat. And so as the prospect of a military attacked is temporarily deferred for reasons of prudence, as Barak confirmed, but in its place is put this intensified and escalating campaign of violent disruption, economic coercion, and outright terrorism. Such an ongoing effort to challenge Iran has produced a series of ugly and dangerous incidents that might at some point in the near future provoke a hostile Iranian reaction, generating a sequence of action and reaction that could plunge the region into a disastrous war and bring on a worldwide economic collapse.

 

            The main features of this disturbing pattern of covert warfare are becoming clear, and are even being endorsed in liberal circles because such a course of action is seen as less harmful to Western interests than an overt military attack, proceeding on the assumptions that are no better alternatives than confrontation in some form.  Israel, with apparent American collaboration, assassinates Iranian nuclear scientists, infects Iranian nuclear centrifuges used to enrich uranium with a disabling Stuxnet virus, and recruits Iranians to join Jundallah, an anti-regime terrorist organization in Iran, to commit acts of violence against civilian targets, such as the 2009 attack on the mosque in Zahedan that killed 25 worshippers and wounded many others. The New York Times in an editorial  (January 13, 2012) describes these tactics dispassionately without ever taking note of their objectionable moral or legal character: “An accelerating covert campaign of assassinations, bombings, cyber attacks and defections—carried out mainly by Israel, according to The Times—is slowing..[Iran’s nuclear] program, but whether that is enough is unclear.” The editorial observes that “a military strike would be a disaster,” yet this respected, supposedly moderate, editorial voice only questions whether such a pattern of covert warfare will get the necessary job done of preventing Iran from possessing a nuclear option sometime in the future.

 

            It should be obvious that if it was Iran that was engaging in similar tactics to disrupt Israeli military planning or to sabotage Israel’s nuclear establishment liberal opinion makers in the West would be screaming their denunciations of Iran’s barbaric lawlessness. Such violations of Israel sovereignty and international law would be certainly regarded by the West as unacceptable forms of provocation that would fully justify a major Israeli military response, and make the outbreak of war seem inevitable and unavoidable.

 

            And when Iran did recently react to the prospect of new international sanctions making its sale of oil far more difficult by threatening to block passage through the Straights of Hormuz, the United States reacted by sending additional naval vessels to the area and warning Tehran that any interference with international shipping would be ‘a red line’ leading to U.S. military action. It should be incredible to appreciate that assassinating nuclear scientists in Iran is okay with the arbiters of international behavior while interfering with the global oil market crosses a war-provoking red line. These self-serving distinctions illustrate the dirty work of geopolitics in the early 21st century.

 

            There are some lonely voices calling for a nuclear free Middle East and a just settlement of the Israeli/Palestine conflict, but even with credentials like long service in the CIA or U.S. State Department, these calls are almost totally absent in the mainstream discourse that controls debate in the United States and Israel. When some peaceful alternatives are entertained at all it is always within the framework of preventing Iran doing what it seems entitled to do from the perspectives of law and prudence. I am afraid that only when and if a yet non-existent Global Occupy Movement turns its attention to geopolitics will the peoples of the Middle East have some reason to hope for a peaceful and promising future for their region.    

Remembering the Best and Worst of 2011

3 Jan


             2011 was an exciting and pivotal year in many respects, although its main outcomes will remain inconclusive for years to come.  We will learn in 2012 whether we are moving closer to fulfilling our hopes, dreams, and goals or are trying to interpret and overcome a recurrence of disappointment and demoralization with respect to progressive change in world affairs. The stakes for some societies, and for humanity, have rarely been higher.

 

             Undoubtedly, the most dramatic moments of the prior year were associated with those many remarkable happenings that collectively became known as the Arab Spring, a complex, varied, and even contradictory phenomenon that did not occur in an historical vacuum. There were many antecedent events, as well as prior heroes and victims, known and unknown, and numerous identified and unidentified villains. Mohamed Bouazizi’s extraordinary self-immolation on December 17, 2010 in the interior Tunisian city of Sidi Bouzid provided a catalyzing experience that will never be forgotten by those longing for justice and change.  This suicide achieved much more than highlight personal tragedy, although this sad ending of a young besieged life was itself a most sorrowful occurrence. Bouazizi’s death awakened the Tunisian public to an intolerable set of national conditions that pertained to the whole society. With explosive spontaneity Bouazizi’s tragic death generated Tunisian uprisings throughout the country that led quickly and surprisingly to the fall of the dictatorial and corrupt 23 year old regime of Zine El Abidine Ben Ali a mere five weeks later, a startling course of events that provided a spark for volcanic action in Egypt, and indeed the entire region.

 

            The brave and transformative Egyptian demonstrations of January 2011, centered in Tahrir Square, contributed to the world many images of populist energy and courage associated with a political awakening of vivid and massive proportions. The fall of Mubarak in Egypt inspired people throughout the region and eventually the world. What was achieved in Tunisia and Egypt reestablished the agency of a mobilized populace that nonviolently challenges an entrenched regime of an oppressive and corrupt character that had endured for some 30 long years.  More than surprising developments in Tunisia and Egypt, regimes regarded as ultra-stable by their Western backers, was the exposure of several distortions embedded in prevalent Orientalist teachings to the effect that Arabs had a slave mentality. In effect, oppressed Arabs were consigned to their unhappy fates because they lacked the will or capacity to embark upon political undertakings to challenge unjust political structures, were reconciled to their subservience, and had no social imaginary that insisted on the dignity of ordinary people and demanded justice for society. In the sharpest contrast, the Tahrir political spectacle exhibited an Arab population prepared to risk death and harsh imprisonment so as to achieve freedom, human rights, democracy, as well as an equitable economic order.

 

            These were inspiring uprisings that achieved unbelievably successful results, toppling tyrants long entrenched at the pinnacles of state power. Many participants and commentators believed that these extraordinary uprisings were accomplishing revolutionary results by toppling the old regimes and thereby transforming the political setting. Unfortunately, such enthusiasm was a disheartening exaggeration, and definitely remains premature. A revolutionary process implies radically transforming the political, economic, and social structures so as to produce just and democratic societies.  Such work has yet to be done anywhere in the Arab world, and it will not be easy, or accomplished without overcoming formidable and desperate resistance from beleaguered governmental, societal, and international elites that had long benefitted from the old regime, and would stand lose from genuine political reform.

 

            Tunisia seems to be moving forward toward the realization of its revolutionary promise, although even progress on its road of political reconstruction is slow, uncertain, and replete with twists and turns. Tunisia has not yet experienced what could be fairly called a revolutionary outcome, although it is so far free from a counter-revolutionary backlash. At this time the overall outlook for Tunisia remains exciting and positive. The same cannot now be said for Egypt, which is gripped by a series of deadly unresolved struggles that leaves its future very much in doubt, and makes us wonder whether 2012 will suggest an Egyptian outcome that is, at best, outwardly reformist, while remaining inwardly regressive. It would be a mistake to ignore counter-revolutionary maneuvers and horizons, abetted by external actors that never privately welcomed the Arab Spring and would welcome restoration of the old regimes, if possible with new faces and a political style that was more superficially congenial with democratic procedures.

 

            And yet many Egyptians continue to struggle on behalf of a revolutionary future. Despite the violence of the Cairo regime without Mubarak they returned in late 2011 to Tahrir Square for a second cycle of demonstrations. The show of unrestrained state violence and cruelty used to crush this renewal of popular demands for democracy, civilian governance, and justice was a reminder that the ouster of Mubarak was the beginning, not the end, of a long and difficult struggle to shape the political future of the country. The Egyptian army that last January seemed almost to greet the fall of Mubarak with a sigh of relief, now seems to be showing its hand as intensely anti-democratic and hostile to fundamental social and economic reforms that might threaten their privileges, but are urgently needed if Egyptian democracy is to become more than a discredited slogan. Also, the domestic situation is complicated by growing tensions between secularists and Islamists as to what sort of role Islam should play in Egypt that are susceptible to manipulation by malevolent outsiders. Although each country in the region is experiencing the Arab Spring in its own way, the form of the Egyptian unfolding, for better or worse, is the one that is most likely to exert a significant influence beyond its borders.

 

            It must also be admitted that the Arab Spring has already produced its share of extremely disappointing results: Uprisings generated an escalation of oppression in Bahrain, a despondent resignation in Saudi Arabia and Algeria, a destructive and very violent NATO intervention in Libya,  a situation of unresolved chaos and violence in Yemen, and a series of inconclusive bloody encounters in Syria.

 

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            Among the most extraordinary of extra-regional impacts of the events in the Arab world was the totally unanticipated Occupy Movement, starting in Wall Street, but spreading with the speed of an uncontrollable wild fire to cities throughout the United States, and then around the world. The word Occupy was given a radically transformed meaning through this movable feast of radical reclaimings of political space through nonviolent tactics that were confrontational toward the established order, including especially a display of anger about the excesses of capitalism and financial institutions. The movement was indistinct in its contours and goals, seemingly dedicated to the realization of democratic values on a global scale, particularly with respect to the global economy, but without any confidence that desirable ends could be reached by way of conventional politics: elections, political parties, institutional lawmaking, and governmental policies.

 

            The creativity of the movement was embodied in its radical reliance on pure democracy to manage its own collective behavior, giving equality of participation the highest priority. So far, the Occupy Movements have lacked a clear agenda of substantive initiatives and demands, remained leaderless, and operating without a program or even a consistent spokesperson, but in varying ways deferring to the daily needs and wishes of its militants camped out in dozens of city squares and parks. Whether this kind of politics represents the first stage of a new revolutionary politics capable of both challenging the modern capitalist state and of transforming neoliberal globalization into a robust realization of global democracy is most uncertain at present, but may become clearer throughout 2012.  At the very least, the political imagination of resisters in the West to injustice has been temporarily lifted from the doldrums of passivity and despair. The idea that popular discontent need not await the outcome of normal politics is again credible. Such politics can move to occupy and maybe, just maybe, stay around long enough to mount a political challenge that shakes the foundations of what was triumphantly dubbed ‘market-oriented constitutionalism’ at the end of the Cold War.  We should begin to ask ourselves whether we are witnessing the birthpangs of what I have called ‘anarchism without anarchism.’  Or is this just a political dance that will continue only so long as the music plays?

 

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            There were many other important happenings in 2011, some encouraging, some foreboding, and some ambiguous. Only a few can be mentioned.

 

            First of all, the speech given by Mohamed Abbas, President of the Palestinian Authority (PA) to the UN General Assembly on September 25, putting forward a clear official argument for the first time calling for an acceptance of Palestinian statehood and sovereignty by the United Nations. The forcefulness of the language used by President Abbas exceeded expectations, and was especially impressive in light of the intense campaign of intimidation mounted by Israeli officials and their American counterparts to warn the Palestinians of dire consequences if they persisted with this political initiative. The speech also was political theater at its best, displaying the solidarity of most governments with the Palestinian effort to escape the ordeals of occupation, refugee status, and pervasive exploitation. Abbas’ words were greeted with explosive applause that no other head of state received at last year’s session of the General Assembly.

 

            As might be expected given the varied conditions of deprivation, not every Palestinian welcomed the PA initiative. There were some well grounded anxieties that any establishment of Palestinian statehood at this time would involve a tacit acceptance of Israeli ‘facts on the ground,’ including settlements, apartheid, and ethnic cleansing, and in such a process sacrifice inalienable Palestinian rights. Some Palestinians also worried that such an international acceptance of the PA would inevitable sideline the parent representative body, the PLO, serving as a prelude to bargaining away the rights of Palestinian refugees and exiles, as well as excluding Hamas from any representational role, which would effectively deny the people of Gaza any opportunity to participate in the diplomacy designed to control their future.

 

            Encouragingly, in October the PA followed up the bold Abbas speech by seeking and gaining membership as a state in UNESCO by an overwhelming  vote of 107-14 despite a barrage of punitive threats and responses by Washington and Tel Aviv (U.S. is committed to withholding 22% of the UNESCO budget for the coming year).  On December 13th the Palestinian flag was raised at UNESCO Headquarters in Paris as Palestine became the 195th  member of the organization. This play of forces at UNESCO is a microcosm of worldwide political sentiments favorable to the Palestinian struggle.

 

            Despite this victory, it now appears that the PA has again lost its nerve, and is retreating to Ramallah. It seems that the PA will make no further effort to gain recognition as a state by the Security Council or General Assembly or attempt to be accepted as a member of other UN institutions, such as the International Criminal Court and the International Court of Justice. If this retreat materializes, it will encourage the Palestinian people to believe that only politics from below can hope to achieve emancipatory results.

 

            We must also not lose sight of existential Palestinian hardships and suffering that is something that the people living under occupation or confined in Gaza or refugee camps experience day by day, hour by hour. These miserable conditions experienced by Palestinians living in the West Bank, East Jerusalem, and Gaza have persisted for decades, and there is no end in sight. Israel continues to expand its settlements in defiance of international law and world public opinion and goes on insisting on its acceptance as ‘a Jewish state’ despite claiming to be the only democratic country in the region, and the only government that treats its citizens on a non-discriminatory basis. This misleading Israeli propaganda hides policies and patterns of governmental conduct that have long been multiply abusive toward the non-Jewish Palestinian minority in Israel that numbers about 1.4 million or about 20% of the total population.

 

            What the Palestinian people endured in 2011 was mainly experienced as a dismal confirmation of continuity. Perhaps, the Abbas abortive effort at the UN will seem in 2012 to have sounded the deathknell of diplomacy from above as the way forward for the Palestinian people. In its place will grow an increasing reliance on various forms of borderless and nonviolent politics from below. At present, the ever strengthening global solidarity movement encourages such a shift in emphasis. The Boycott, Divestment, and Sanctions Campaign (BDS) is presently the clearest and most encouraging expression of this Palestinian move away from inter-governmental frameworks of conflict solution.  And for BDS maybe 2012 will be the year that sanctions come to reinforce the stunning successes already achieved with respect to boycotts and divestment.

 

 

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            In 2011, the climate change clock continued to tick. Greenhouse gas emissions keep rising far above safe levels, despite the scientific community’s warnings that the failure to regulate emissions is causing present harm of a severe sort and threatening much worse in the years and decades ahead. By the time such warnings are likely to be heeded because the damage has become so widespread and manifest, it may well be too late, as the effects of a carbon buildup cannot be reversed after certain thresholds are crossed. Already extreme weather in the form of storms, tornados, floods, and droughts have brought devastation and suffering to many societies in the world, especially those most vulnerable due to their geography or poverty. The early effects of global warning have been most severely experienced in sub-Saharan Africa where 33 of the 48 least developed countries are situated. The annual UN conferences on climate change have run up against a stonewall of geopolitical irresponsibility, led by the U.S. refusal to allow any framework of regulation to come into being that imposes obligations on states, burdens the private sector, and questions the cult of consumerism. The EU seems ready to offer the world a more constructive approach to climate change, but whether it can rally enough political support to impose controls on the principal emitters of carbon dioxide remains doubtful. It is crucial that those seeking a just future for humanity do not neglect the challenge of climate change, which is less tangible and immediate in its harmful impact than other concerns, but no less deadly. Without adjustments prior to catastrophic events, ecological and civilizational collapse could make a nightmare of the near future for all peoples living on the planet.

 

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            The meltdown and damage at the Daichi Fukushima nuclear reactor complex initiated by the earthquake and tsunami of March 11, 2011 are a foretaste of what can happen anywhere in the world. For Japan to experience ‘a second Hiroshima’ both deepens the tragedy and is testimony to a sad irony of history. It also challenges Japan and the world to find safer alternatives to nuclear energy to meet the demands of society, and raises questions about the sustainability of consumer-based modernity with its high per capita energy demand. For other countries, especially the United States, the unmonitored huge energy requirements needed to maintain 21st century military establishments is a further aggravating circumstance, with many secondary harmful effects, including accident-prone deep sea oil drilling and the attempted conversion of environmentally devastating tar sands into usable forms of energy. Fukushima exhibited the dire consequences of natural catastrophe abetted by human error and wrongdoing in the form of corporate mendacity relied upon to hide risks from the public and governmental complicity in issuing false reassurances about the extent of the damage and the degree of exposure of the Japanese population to lethal doses of radioactivity in water, food, and air.

 

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            Disturbing, also, were unacceptably belligerent moves by Israel and the United States threatening to wage war against Iran. This appetite for waging war against Muslim countries is making the projected clash of civilizations a self-fulfilling prophesy as it becomes established as an undeniable historical reality. In the first decade of this century the West has already intervened militarily in Afghanistan, Iraq, Libya, as well as gearing up for war against Iran, and even threatening to use force in Syria and mounting deadly drone attacks in Pakistan. In all these post-9/11 encounters there was no serious claim of self-defense and no UN mandate except in Libya where a limited protective authority to use force was approved by the UN Security Council, and later improperly converted by NATO into an instrument to sway the internal play of forces in an internal struggle within Libya. These were each unlawful wars that inflicted devastation, heavy casualties, and massive displacement on the target societies. Each was in its essence an imperial war fought far from the imperial homelands, and each represented a strategic failure by the imperial power, a definite signal to the world of imperial decline, further confirmed by economic troubles at home and the rise of extremist oppositional parties with highly irresponsible agendas and ‘solutions.’ For instance, all of the Republican Party presidential candidates are ‘climate skeptics’ who defy the scientific consensus, which should be understood as a turning away from evidence and reason, in effect, a flight from reality.

 

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            All in all, 2011 will be remembered as a seminal year, principally due to innovative political uprisings that shook the foundations of established orders. More subtly, also, 2011 dramatizded a series of challenges that will not be resolved for a long time as to the sustainability of development and the global maintenance of stable ecological and economic conditions. These challenges seem to exceed the capacity of a world of sovereign states to address in acceptable forms. Two major effects are observable: first, a widespread politics of denial to divert attention from the ticking bombs of worsening conditions associated with these unmet challenges; and secondly, the exhilarating realization that toppling oppressive structures of government in the Arab world has already moved beyond the realm of the possible, having achieved more than could have been dreamed of in 2010, and producing some hope that a politics of impossibility may lead to an as yet unimaginable global dawn.