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The Gaza Tribunal: Law, Conscience, and Compassion

5 Nov

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

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

November 5, 2024 News

A group of people sitting at a table

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

By Palestine Chronicle Staff  

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

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

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

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

Why the Need?

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

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

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

Who is Involved?

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

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

What are Its Objectives?

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

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

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

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

The Outcome

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

How Tribunal Operates

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

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

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

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

It will also be comprised of Administrative and Supportive Units.

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

Inclusivity and Accessibility

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

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

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

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

Second Phase

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

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

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

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

Ongoing Genocide

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

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

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

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

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

Millions Displaced

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

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

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

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

(PC, Anadolu)

Biden’s Warning to Netanyahu: Political Maneuver, Not Policy Shift

6 Apr

[Prefatory Note: The post below contains modified responses to questions posed by a Brazilian journalist, Rodrigo Creviero on 4/4/2024. It is critical of President Joe Biden’s ‘muscular approach’ to the conduct of foreign policy, specifically in relation to China, Russia, and Israel, as played out at the expense of the peoples of the world, including the real interests of the American people. Biden is guilty of war-mongering, reluctance to engage in peace diplomacy, and complicity crimes of support given to Israel while carrying out a prolonged genocide against the long abused civilian population of Gaza along with demonizing and dehumanizing the resistance leadership exhibited by Hamas. In reactions to past genocides the US has done less to oppose their perpetrators than it should  have, but never before has it been an active accomplice, and in the process, undermining the authority of the most widely endorsed norms of international law and demeaned the institutions and procedures internationally available for purposes of interpretation and enforcement.]


1– Biden urged Netanyahu to reach “immediate ceasefire” in Gaza and called on Israel to act in the “next hours and days” in the face of the humanitarian crisis in Gaza. How do you see that?

Biden’s call for concrete steps to ensure that humanitarian assistance reaches Palestinians in Gaza comes very late, given a geocidal assault on the civilian population that is in its sixth month. Also, the effort to persuade Netanyahu to reach a ceasefire was not elaborated with the same urgency or seriousness as the humanitarian insistence on allowing aid to reach starving Palestinians. A cessation of Gaza violence has long been vital if further devastation of Palestinians is to be minimized, if not avoided, as the International Court of Justice (ICJ) in its January 26 Interim Order decreed in support of South Africa’s plea for Provisional Measures as a response to its preliminary conclusion that it was ‘plausible’ to regard Israel’s violence in Gaza as genocide, the highest international crime that cannot be excused because of claims of self-defense or national security. It is notable that legal absolutism when it comes to genocide is supported by near unanimity among the 17 judges composing the adjudicating panel of jurists, and including judges from the United States, Germany, France, and Australia whose governments had supported Israel’s response to October 7. The ICJ was widely applauded for following the law rather than flags of nationaal allegience, analyzing facts and relevant norms of international law despite the face that the Security Council failed to implement its Interim Order and Israel defied its Interim Order. What the ICJ ordered jnfluenced the symbolic domain of international by legitimating concerns about genocide in Gaza and legitimting the resolve of civil society groups.

Biden’s highly publicized move seems primarily motivated by two developments other than a late surge of empathy for Palestinian suffering: first, shifts in US public opinion away from unconditional support for Israel, which are endangering his prospects for victory in the November presidential election and the fact that Monday’s clearly deliberate attack on the aid convoy of the World Central Kitchen resulted in the death of seven Europeans, sparking media outrage and anger among those governments that had been among Israel’s supporters. No such anger in Washington or hostile media attention were given to prior and worse atrocities responsible for mass casualties among children and women so long as the victims were Palestinians. The surfacing of these concerns, especially in the US, help explain why the public disclosure of the Biden/Netanyahu phone call occurred with official blessings. Such sensitive tensions between previous allies are not normally addressed with such transparency. Such diplomatic moves are considered more effective if carried on secretly, or at least discreetly. Biden evidently was more concerned about winning back Democratic Party voters and reassuring European allies that Western lives should be treated as off-limits for Israel in the future.

Even more disturbing was the explicit support given by Biden to Israel’s recent provocative actions directed at Iran during the 30 minute phone call. The leaders spoke in the aftermath of a targeted attack on April 1st that killed seven Iranian military advisors (including three commanders) while they were present in Iran’s consular building in Damascus, a location entitled by international law to immunity from attack.

Such provocations risk a devastating wider war. Iran has declared its intention to retaliate rather than be passive in the face of Israeli military strikes and assassination of prominent Iranian military commanders, and other violations of Iranian sovereignty by Israel. Given this background, Biden publicized reassurance of support for Israel’s provocations acts as a signal to Netanyahu, facing frustrations in Gaza, rejection by Israelis, and possible imprisonment in Israel on past charges of corruption, to embark upon a wider war with Iran in ways that will exert great pressure on the US to become actively involved in the military operations likely to result and divert attention from policy failures of Israel during these past months.

2—How do you analyze this intensifying of pressure by United States against Israel now?

It seems belated, and partial at best, and easily managed by Tel Aviv without any changes in its approach to Hamas or Palestinian statehood. As suggested, it could tempt Netanyahu to embroil Israel, but also Iran, in a regional war with global dimensions. As suggested, Netanyahu is extremely unpopular among Israelis, with growing protests against his leadership. These factors undoubtedly creates temptations on Netanyahu’s part to divert attention from the failure of Hamas war policy, both as a military operation and in making Israel a pariah or rogue state in the eyes of the peoples of the world, and an increasing number of governments in the Global South.

Given reports of Netanyahu’s defiant response to these ‘pressures’ from the US are coming  come too late and even now have an ambiguous impact, taking too abstract a form, not including an arms embargo or international peace force, and not raising even a possibility of support for UN-backed sanctions. I would conclude that Biden’s much publicized warning to Netanyahu presaging a US shift will not have significant humanitarian or peacemaking influence on Israel’s resolve ‘to finish the job’ by an attack on Rafah that produces devastation and many casualties in that beleaguered city giving hazardous shelter to more than ten times its normal population of somewhat more than 100,000. And could, paradoxically make things worse if Netanyahu seizes upon Biden’s apparently unconscious message to Tel Aviv that the time may have come to shift the eyes and ears of the world to a confrontation with Iran.

3- I am preparing a special article on 6 months of war. How do you evaluate the impact of the last 6 months in the efforts of a peace process in the future and in the relations between Israel and Palestinian people?

At this point, there seems no credible positive scenario for future Israel/Palestine relations. An Israeli consensus, not just the government, is deeply opposed to the establishment of a viable Palestinian sovereign state while the world consensus insists on establishing a Palestinian state with international borders and the enjoyment of equal rights in all respects, including security as Israel. The Palestinian people have not been consulted by either side of this nationalist cleavage and seems more and more inclined to opt for a single secular state with equal rights of both peoples as long favored by independent Palestinian intellectuals such as Edward Said.  

The UN attempted to impose a two-state solution in 1947 without taking account of the Arab majority indigenous population, and it led to failure, periodic wars, and much suffering. In my view, a sustainable future for both Palestinians and Jews depends on a peace process, with neutral international mediation, and respect for the right of self-determination in the framework of negotiations between legitimate, self-selected representatives of both peoples acting in a unified whole of their own devising.

At present, neither Palestine nor Israel, for differing reasons, is in any position to represent their respective constituencies in a manner that is either legitimate or effective. More specifically, Palestine remains divided between the PLO/Palestine Authority leadership in Ramallah and Hamas in Gaza, with additional elements seeking participation in representing the Palestinian people, including the 7 million refugees and exiles. Israel, in contrast, has had a coherent political elite during most of its existence, but now must act to soften tensions between religious and secular constituencies that have been intensifying in recent years to be a credible partner in the search for a political compromise that clears the path to sustainable peace for both peoples based on coexistence, equality, and effective internal and regional security arrangements jointly administered. Stating these conditions highlights how difficult it will be to make the transition from apartheid/genocide realities to the sort of solution roughly depicted.

The South African case, although vastly different, is instructive. It points to two factors that make what seems impossible happen in circumstances that swwm hopelesss: the release from prison of a unifying leader; a majority recognition that a win/win outcome for both peoples rests on genuine compromise and non-interference by third party governments and international institutions.

A Peacemaker for Ukraine: Turkey?

20 Mar

[Prefatory Note: This short post is my response to Michael Klare’s helpfully clarifying article that appeared in the March 17 The Nation:

https://www.thenation.com/article/world/ceasefire-peace-negotiations-ukraine/

I limit my response to the question as to whether Turkey, specifically its controversial Pressident, Recep Teyyip Erdogan, could perform effectively as a mediating third-party between Ukraine and Russia in negotiations for a long-term peace arrangement.]

A Response to Michael Klare: Choosing Diplomacy in Ukraine

I share Michael Klare’s typically lucid analysis of the situation in Ukraine condemning the Russian aggression, calling for prudent geopolitics from Washington, and according priority to stopping the killing as both a humanitarian priority and a necessary recognition of taking all possible steps to avoid escalation cycles that pose dire threats of a wider war, including a rising risk that nuclear weapons will be used. I appreciate Klare’s attempt to propose a concrete framework for implementing his approach by calling on Erdogan, Xi, and Bennett to mediate either singly or in combination. There is informed reason justifying the identification of these suggested three mediators rather than others, although the very plausibility of the proposal and the paucity of alternative calls attention to the woeful absence of constructive leadership at the global level.

On balance, I favor Erdogan over either Xi (whom I doubt would be acceptable to either the U.S. or Ukraine) or Bennett (who leads a state that has been

recently rather authoritatively declared by Amnesty International and Human Rights Watch to be guilty of the continuing crime of apartheid and, as well, bears responsibility for the prolonged plight of the Palestinian people, which resembles in many of its features the Ukrainian ordeal. To be sure Erdogan does not have clean hands, having regrettably pursued autocratic policies and practices, but not nearly as compromising as those relied upon by Israel or China. As a result, Erdogan seems best suited to play the essential role of presiding over a diplomacy that seeks an immediate ceasefire accompanied by efforts to achieve an agreed framework of political compromise on the underlying conflict. 

If such an approach is successful, the region and the world will relleasse a huge sigh of relief. If international negotiations led by Erdogan achieve an end to the Ukraine Crisis it will, along the way, greatly enhance the international prestige of Turkey, which would have an unavoidably demoralizing effect on the increasingly formidable democracy-oriented opposition within the country the strength of which will be tested in national elections next year. This seems a price worth paying if it is the best option for shifting the combat zone from lethal battlefields and devastated cities in Ukraine to a neutral international negotiating venue. Looking around the world there are no better alternative mediating leaders than the three individuals proposed by Michael. 

A further related peacemaking  approach would be to explore whether the Organization of Security and Co-operation in Europe (OSCE), with its 57 members, could be induced to play a part in establishing a complementary process aiming at a more durable and comprehensive system of European security than currently exists, recognizing that the tragic ordeal faced by the Ukrainian people is in part a consequence of the inadequacies of U.S. led post-Cold War geopolitics, which sought to impose a unipolar security order orchestrated from Washington on the whole world rather than seize the initiative to encourage and enact a demilitarization of geopolitics, which might have been inspirationally begun by the disbanding NATO, or at the very least, declare that with the Cold War over, the sole purpose of NATO is keeping the peace.

In the end, the search is for a peacemaking and peacekeeping framework that is perceived as sensitive to the concerns of both Russia and Ukraine, and facilitates finding common ground on an impartial basis. Such an ideal framework should be contrasted to the failed Oslo ‘peace process’ in which the mediating party was the highly partisan United States. 

Ilhan Omar, AIPAC, Congress, and the Future of American Democracy

15 Mar

The Ilhan Omar Incident: A Zionist Witch Hunt?

[Prefatory Note: the post below is somewhat modified text of my responses to a series of questions posed by Daniel Falcone with whom I have done several prior online interview. This interview was published under a different title by CounterPunch on March 14, 2019. It addresses the attack upon the Somali born Ilhan Omar, elected from the 5thCongressional District to the U.S. House of Representative in the November 2018 midterm electios. Omar was sharply attacked, defamed, and threatened for making comments about Israeli influence on American lawmaking that were alleged to be anti-Semitic, or more precisely, ‘anti-Semitic tropes.’ The issues raised are important both to suggest continuing. Reliance by pro-Israeli militants on these kinds of tactics, and for the fact that there was an encouraging willingness of some mainstream refusal to acquiesce. The attack on Omar has been so far blunted in Congress, but the real test will come in 2020 when Omar runs for reelection. Falcone’s questions raise issues about the nature of anti-Semitism, the relevance of Islamophobia to this incident, and the complex and confusing relationship between anti-Semitism and Zionism.]

1) Daniel Falcone: Going back to when this all started about a month ago, can you briefly remind readers of what your initial reactions were to Ilhan Omar’s tweets and to the course of events that quickly followed soon after? Did she misspeak? Isn’t the Lobby small potatoes compared to official US policy in the first place? 

 

Richard Falk: When I first heard these comments by Ilhan Omar I was glad that there was a new voice in Congress that would speak up on behalf of the Palestinian people so long subjected to a daily ordeal whether they are living under occupation, as a discriminated minority in Israel, or in refugee camps in occupied Palestine and neighboring countries, or existing in involuntary exile. My core reaction was to welcome such an expression of solidarity from a member of Congress that the Palestinian people need and deserve.

 

Although I agreed with her critical remarks on AIPAC, and later on the dual loyalty of some Americans when it comes to Israel, they struck me as familiar and so accurately descriptive as to have become almost innocuous truisms. How wrong I was!  On further consideration, it became clear to me that her remarks (of course, exaggerated in their intended meaning by being torn from the wider context of her full statements and then twisted to give the anti-Semitic spin plausibility) were treated as inflammatory not so much because of their content, but because of their source, a black-Muslim-American woman, and her statusas a newly elected member of Congress. The essence of what she had to say was unremarkable, hardly the stuff of fiery radicalism. Omar tried herself to quiet things down, quickly apologizing for what she was made to feel might have unintentionally been hurtful to Jews. Such a move convincingly distanced her from the charge of real anti-Semitism (hatred of Jews). Her offending message was true yet obvious, attaining importance only because she was a newly elected congressperson willing to so declare her concerns about the way Washington works in high visibility settings: “I reaffirm the problematic role of lobbyists in our politics, whether it be AIPAC, the NRA or the fossil fuel industry. It’s gone on too long and we must be willing to address it.” And “I want to talk about political influence in this country that says it is O.K. to push for allegiance to a foreign country.”

 

 

 

The overblown response to these Omar tweets and public comments had the effect of mobilizing the liberal and Christian Zionist establishments in and out of Congress. These groups pressed Democrats in Congress to give concreteness to their allegations of anti-Semitism by their angry calls for apologies, retractions, and censure. Those outraged insisted that the home truths Rep. Ilhan Omar dared speak were nothing less than ‘familiar anti-Semitic tropes.’ This expansion of anti-Semitism from its base meaning, the hatred of Jews, is a tactic being used to spread the net of anti-Semitism much wider. This referral to ‘tropes’ is an insidious way of substituting ‘political correctness’ for the transparencies of truthfulness. Once this enlarged anti-Semitic card is on the table, the accuracy or inaccuracy of Omar’s statements becomes irrelevant, and any attempt by the person so accused to justify their assertions by pointing to the facts only aggravates the sin, and reinforces the allegation. In effect, freedom of expression takes a back seat when an irresponsible so-called ‘anti-Semitic trope’ is invoked by defaming critics.

 

There is a historical basis for this extension of Jew hatred to various allegations about Jewish power or conspiracies of which ‘Holocaust denial’ and ‘a Jewish conspiracy to run the world’ are prominent. Such allegations are usually made in bad faith with intention to frighten and anger the non-Jewish world, and are not supported by respectable evidence. The Holocaust did take place, although the exact number of Jews and others who lost their lives remains in some doubt, and could be responsibly discussed. Such allegations are different than suggesting issues of lobbying influence and dual loyalty where the evidence overwhelmingly supports the contention, and is fair comment in a democratic society that honors freedom of expression.

 

Discrediting a person by invoking the abstraction of anti-Semitic tropes is even more problematic when the speaker has a status that bestows prestige and is capable of wielding influence. It has been extremely helpful to Israel over the decades to have virtual unanimity in the U.S. Congress on any agenda item that touches its interests or assesses its behavior. It puts critics of Israel in the larger society on the defensive, and makes support for Israel seemed so entrenched and bipartisan as to become virtually untouchable. This makes opposition to any important pro-Israel initiative, for instance annual appropriations for military assistance, politically untenable, although there are many reasons to question such a commitment given Israel’s behavior and capabilities. This condition of unanimity in Congress has been highly effective in the past in suppressing doubts and criticisms. It has made anyone politically foolish enough to defy this disciplinary consensus exceedingly vulnerable to defeat in the next scheduled election. Such persons have been effectively targeted in the past, and yes, by AIPAC, rich Zionist donors, and pro-Israeli Christian lobbies. As well, the likely lucky opponent of such a candidate has trouble spending all the money pouring into his or her campaign coffers.

 

This pattern of ‘enforcing’ unanimity can be traced back at least as far as the experience of Paul Findley, a courageous, moderate, and humanly decent Congressman from Illinois, who was blacklisted and politically defeated after serving ten terms in the House of Representatives. He was targeted after raising his voice to decry the unbalanced approach relied on by the U.S. Government to manage the Israel/Palestine relationship. Ever since he lost his House seat in 1982 Findley has devoted himself to exposing and criticizing the role that AIPAC plays in national political life. His conclusions are similar to those reached by Omar. For Findley’s account of this pattern see his important book They Dare Speak Out: People and Institutions Confront Israel’s Lobby (1985, 2003).

It is not only Findley that has been targeted over the years, but several others who fall afoul of AIPAC’s disciplinary code, including such distinguished figures as Charles Percy, Adlai Stevenson III, Pete McCloskey, and above all, Cynthia McKinney, the only woman and African American on this honor roll. To deny or obscure such a cause and effect relationship is tantamount to swallowing the Kool Aid of Zionist thought control. I can only wonder whether Congresswoman Omar was aware of this background when she decided to speak out forcefully, and if she did, it reinforces the impression that she is a fearless warrior for social and political justice.

 

Status matters in these campaigns to defame critics of Israel. When someone as globally prominent as Richard Goldstone associated his name with a UN factfinding inquiry into Israeli wrongdoing arising from its 2008-09 attack on Gaza he suffered mightily from the backlash. The Report reached conclusions critical of Israel that were fact-based, yet rather restrained given the incriminating evidence, and carefully documented. Impressions of fairness were further strengthened by coupling the accusations against Israel with harsh denunciations of Hamas’ unlawful acts of retaliation. Such characteristics of the Report did nothing to tone down the fury of Israeli reactions, which singled out Goldstone with vituperative rage. Although Goldstone was at the time a widely admired international figure who had won international acclaim for his anti-apartheid role in South Africa, neither his eminence nor his legal professionalism protected him from the slash-and-burn tactics of his detractors. Quite the contrary.

 

The heaviest available defamatory artillery was deployed by Israel’s top leaders to mount an intense attack on his person and reputation. Despite his lifelong Zionist connections, Goldstone was denounced, censured at the highest levels of government in Israel with the negative chorus joined by several leading political figures in the U.S. He was even accused of authoring ‘a blood libel’ against the Jewish people. It turned out that Goldstone couldn’t withstand these pressures and backed down in humiliating fashion without the support of any of the three other distinguished members of the UN commission team. With this retraction, Goldstone totally lost the respect of the human rights community without regaining respectability among Zionists. Goldstone’s turnaround demonstrates how effective these Israeli tactics can be in silencing much more vulnerable critics than Goldstone, evading truth, and shifting the policy conversation from the message (in his instance, the Report) to the messenger.

 

My own analogous experience at a much lower level of international visibility was rather similar. As long as I was a dissenting professor on Israel/Palestine, I was more or less ignored, but when I was appointed as UN Special Rapporteur for Occupied Palestine all hell broke loose. I received death threats and hate mail calling me many names, but concentrating on depicting me as ‘a notorious anti-Semite’ and ‘a self-hating Jew.’ This campaign of defamation continued unabated during my six years holding this UN position, yet immediately after my term ended in 2014 the attacks subsided, although they were revived in 2017 when a UN report that I jointly authored was released. The report contained a carefully constructed argument that available evidence established that Israel was an apartheid state according to the criteria of international criminal law. Unlike Goldstone, I refused to back down or shut up, and for this stubbornness I paid a different kind of price.

 

The experience of Ilhan Omar is, of course, more extreme and revealing than mine. It is a grim reminder that whenever African Americans are allowed on the plantation, they are slapped down harshly if they become ‘uppity.’ Although born and raised in Somalia, Omar was nevertheless perceived as uppity in this homegrown American sense. There is a Jim Crow element present that has been extended, especially since 9/11, to Muslims as well as to African Americans. A large part of what is operating here is to portray Ilhan Omer as an anti-Semite because it is not politically correct to be overtly Islamophobic, but it is quite all right to be indirectly so beneath the banner of solidarity with Israel.

 

In effect, it is bad enough if Muslims are seen, and worse, if they are heard, and still worse if they somehow obtain an official platform from which to speak, and worst of all, if they use this platform to speak out in ways that expose truths long swept under the rug. To some degree the racist mentality directed previously at African Americans has shifted its center of gravity to Muslims, and reaches fever levels, when the perceived offender is not only Muslim but also African American, and not only a political dissenter, but a female critic of Israel.

 

Recent events confirm that the orchestrated backlash becomes more vicious if the criticism of Israel issues forth from the mouth of a person of color who enjoys a high intellectual or cultural status. The Temple professor, Marc Lamont Hill, was almost instantly dismissed from his role as a commentator and consultant to CNN merely because he used the phrase ‘from the river to the sea’ to describe Palestinian rights in the course of a judicious and humane speech on the conditions of a true peace between Israel and Palestine delivered at the UN a few months ago. Like Omar, Hill responded to the upsurge of hostile pressures by offering an explanatory apology for any misunderstanding he might have unintentionally caused. He eventually managed to survive demands that he be dismissed from his tenured professorship at Temple. Even so, the public pounding Hill endured surely sent a chilling message to others throughout the country who might be tempted to speak out on behalf of Palestinian rights. One suspects that even though his name has been formally cleared, Hill is likely to experience a sharp decline in the number of invitations he receives to speak at academic conferences at least for five years or so.

 

In other words, whether knowingly or not, Illhan Omar poked her head into this lion’s den, and it has had consequences that are probably beyond her imagining at the time she spoke out. Omar definitely touched a raw nerve by so defiantly challenging this bipartisan consensus and the Congressional ethos to refrain from public criticisms of Israel and its support system. Particularly when her comments seemed to be saying that it is impossible to reconcile such displays of loyalty to a foreign country with the obligations of an elected American official to give priority to national interests.

 

 

2) Daniel Falcone: On December 13, 2011 Thomas Friedman of the New York Times wrote in reference to Benjamin Netanyahu’s speech to US Congress that the “ovation was bought and paid for by the Israel Lobby.” He received some criticism for it, but no liberal called it an “anti-Semitic trope” either literally or in proportion to the reaction of Omar’s word choice. Can you unpack the difference between Friedman saying this and Omar, for I noticed a real difference in the reactions as did others.

 

Richard Falk: My prior remarks sets the stage for my response to this question. Friedman’s stature and generally supportive role for Israeli policies, although acutely critical of Netanyahu, led even most militant supporters of Israel to construe his comments as narrowly confined to the controversy surrounding the international agreement reached during the Obama presidency to regulate Iran’s nuclear program. The strong Israeli objections to the nuclear deal so scrupulously negotiated with Iran bothered many Jews, even including many Zionists. As suggested, Friedman although prominent and influential, did not have an official position in government or an international institution, and the defiant Netanyahu speech in the U.S. Congress on a question not primarily directly related to Israel was widely perceived as offensive, and viewed as a test of the outer limits of bipartisanship with respect to Israel. The whole episode seemed primarily intended by Netanyahu’s Republican hosts as a slap at the Obama presidency, and his nuclear diplomacy.

 

On the occasion of the Ilhan Omar controversy, Friedman was characteristically careful to couple his criticisms of the Israeli approach to security issues under Netanyahu with affirmations of a continuing belief in the sanctity of the Jewish state and an avowal of a two-state solution as still the only solution that could be feasible and might at some point be negotiable. [See his “Ilhan Omar, AIPAC, and me,” with the super-revealing and self-serving sub-head, “The congresswoman and I have a lot in common — but not her stance on Israel,”NY Times, March 6, 2019,] This continues to be the liberal Zionist line, but it is rather self-contradictory. Any close observer should realize that the broad spectrum of Israeli public opinion now is definitely opposed to the establishment of a sovereign Palestinian state under any conditions.  The Likud has by way of legitimating and accelerating the settlement movement has acted to foreclose a two-state solution as a feasible political option. Friedman is neither a fool nor uninformed. He too must be aware of this. It prompts raising a question parallel to that suggested by the title of a Murakami work of fiction, What I Talk About When I Talk About Running.My question: What is Friedman really talking about when he talks about the two-state solution?

 

Friedman’s earlier remarks were framed around the particular event of Netanyahu’s speech, and were not formulated to be heard as a general indictment of AIPAC or to call attention of his readers to the disproportionate influence exerted by pro-Israeli viewpoints on foreign policy. Some years ago when John Mearsheimer and Steven Walt published The Israel Lobbytheir book was sharply attacked as anti-Semitic because it mounted a general argument about the distortion of American foreign policy in the Middle East. The central contention of the book was that American foreign policy quite often was bent to accommodate Israel’s national interests at the expense of American regional interests in the Middle East. The authors were, of course, not members of Congress and the anti-Semitic slur of their accusers never became a matter of public debate. Mearsheimer and Walt possessed impeccable academic credentials backed up by senior appointments at leading universities. In their case, the Zionist pushback was not very severe or sustained, although it was serious enough to tarnish their mainstream media acceptability to some extent. Objectively, it was absurd to attack these academic experts, both known to me personally, who are above all prominent in the field of international relations as ‘political realists.’ As such, it should be evident that they were not motivated by any particular empathy for the Palestinians or hostility to Jews, but were acting on their consistently expressed belief that a rational foreign policy must be based on interests of the nationand not be shaped by pressures mounted by special interests of an ethnic minority, private sector actors, or a foreign government.

 

What is paramount to observe when comparing Friedman to Omar is the reality of double standards. Ilhan Omar became especially vulnerable because she is Muslim, African, and an immigrant, as well as being a newly elected member of Congress. If as a private citizen she had made these comments back in Minnesota with tweets or at a community meeting in her neighborhood, it might have produced some angry reactions from local Zionist activists, but no wider ripples. If she held a still higher public office in Washington than at present the attack on her would likely have been even more intense, as Jimmy Carter discovered when he titled his unwaveringly moderate book on Israel/Palestine ‘Peace or Apartheid’ The book was essentially a plea for peace and a prudent warning about the consequences of kicking the can further and further down the road.

 

 

3) Daniel Falcone: In this entire conversation, not many people are mentioning how anti-Semitic Zionism is, and it’s something sadly under discussed in educated US opinion. Can you unpack this for me?

 

Richard Falk: This is an entirely appropriate question that goes to the heart of what might be described as ‘the use and misuse of anti-Semitism’ in political discourse. The issues raised are complicated because there are variations based on place, time, and historical circumstances.

 

Of course, the shocking suggestion that Zionism can be responsibly accused of anti-Semitism is treated as an affront by almost every Zionists and most Jews. Jews have been brainwashed to an extent that they believe strongly that Zionism is unconditionally dedicated to providing sanctuary for Jews in a Jewish sovereign state, and to the practical necessity of achieving this goal combined with its biblical justifications and its anticipated success in restoring Jewish self-esteem individually and collectively. Yet there were some anti-Semitic sentiments (tropes if non-Zionists had so declared) in the writings of Herzl and Weizmann, the intellectual fathers of the Zionist movement, decrying the image and behavior of Jews in the diaspora, almost vindicating their non-acceptance by the hegemonic political cultures and social structures of Europe.

 

It is also true that Zionism has from its origins has been understandably preoccupied with the establishment and security of a Jewish state, and since 1948 fiercely defensive of Israel. Yet Zionism has always exhibited a pragmatic and opportunistic side that made it at all stages seem beneficial for the Zionist movement to work jointly, even collaboratively, with the most extreme anti-Semitic forces unleashed in Europe after World War I or in the regional neighborhood and global setting that Israel inhabits.

 

In this regard, the Zionist vision of a Jewish state in ‘the promised land’ of Palestine should be appreciated as an extreme utopian conception at its outset. We should remember that at the time the Zionist movement was formally launched in 1897 the Jewish population of Palestine was 8%, and when the Balfour Declaration pledging support for a Jewish homeland was issued in 1917, the Jewish population had only risen to 8.1%. How in the world could Zionists in an era of rising nationalism around the world hope to establish a Jewish state in what was clearly a non-Jewish society? This was the animating puzzle that has haunted the Zionism in the course of becoming a political project rather than a utopian phantasy. One might. contend that Israel would never have come into existence without this streak of Zionist opportunism, putting the need to increase the Jewish population of Palestine above all other considerations.

 

Without entering into the details of a complicated history, the grounds on which a kind of Zionist anti-Semitism was erected, involved persuading, and in some instances coercing Jews to emigrate to Palestine. In other words, only by making life in the diaspora unbearable for Jews could the Zionist project advance towards its goals in Palestine. In this sense, the rise of hatred of Jews throughout Europe, and especially Germany, in the period after World War I was a crucial contribution to making the Palestine option realistic. Beyond this, the anti-Semitic leadership in Poland, Hungary, Rumania, as well as Nazi Germany, had a common interest with Zionism in inducing Jewish emigration as they had a demographic motivation complementary to that of the Zionists, namely, reducing the number of Jews in their country to as low level as possible. This led the Polish Government to help train elite Zionist militias and supply weapons so that the Zionist penetration of Palestine would not meet with failure when it encountered Arab resistance. In other words, diaspora Jews were being manipulated, including after World War II, to choose Palestine rather than other destinations. Even those Jews who managed to survive the death camps of the Holocaust were manipulated after World War II to choose Palestine rather than other non-European destinations.

 

Since Israel was established it has struggled to gain acceptance as a legitimate state. It did gain entry into the UN, but it was subject to aggressive hostility from its Arab neighbors and from widespread

pro-Palestinians sentiments in the global South. Faced with such threats Israel embarked upon an opportunistic foreign policy inconsistent with its professed values. It made whatever foreign friends it could even bonding to the extent possible with anti-Semitic governments and civil society movements. Netanyahu has developed cordial relations with the unabashedly anti-Semitic leader, Viktor Orban of Hungary, and Israel supplies weapons and police training to many extreme rightest governments. Israel also courted the support of Christian Zionism, which while fanatically pro-Israeli is anti-Semitic in the prime sense of wanting Jews to leave America and elsewhere. Only when all Jews return to Israel will their evangelical reading of the Book of Revelations be vindicated because only then would the Second Coming of Jesus occur. Jews would then be given a rather humiliating choice of converting to Christianity or face damnation.

 

 

 

 

4) Daniel Falcone: Noam Chomsky mentioned this past summer how Israel was losing its support as the “darling of liberal America” as it moved more and more to support right-wing regimes in the era of Trump. At the time, it made much sense but this seems to be incredibly short lived. Does his type of observation reflect the purpose of the recent backlash?

 

Richard Falk: I believe these two divergent developments are occurring. simultaneously and are connected with one another. There are many confirmations of weakening public support for Israel due to many factors, and it would seem that the citizenry in America has been ready in recent years to accept as a positive initiative presidential moves toward a more balanced approach. Such an approach to be credible would have to confront several difficult issues. The U.S. would have to react against flagrant violations of international humanitarian law arising from Israeli reliance on excessive force in responding to the Palestinian demonstrations at the Gaza fence that have occurred every Friday throughout the entire year. Beyond this, a balanced approach would have to voice support for the Palestinian right of self-determination based on the equality of the two peoples. Even more ambitiously, if the objective of American diplomacy was to promote a sustainable peace rather than a ceasefire, Israel would have to be pressed to dismantle the apartheid structures it has relied upon to subjugate the Palestinian people and crush resistance over decades to the imposition of a Jewish state on an essentially non-Jewish society. If these steps were to be taken the foundation for an authentic peace process would finally have been laid. On such firm ground a political compromise is  imaginable relying on mechanisms for peaceful coexistence, human rights, and mutual respect. If this were to happen it could finally shape a benevolent future for both peoples.

 

Because Israe is losing this base of unconditional support in the liberal sectors of American society, the. pushback by pro-Israeli militants has grown uglier, and more severe, verging on the desperate, mainly relying on defamation while foregoing appeals to reason, ethics, and law. From this perspective, to keep Congress on board with respect to Israel has become more important than ever as a means to insulate policymaking from a potentially threatening democratic turn that is more critical of Israel and its policies. As with gun control, taxation, and the legalization of marijuana, the preferences of the citizenry can be indefinitely blocked by money and lobbying. The Palestinian cause has been. heretofore at a particular disadvantage in Congress due to its inability to mobilize countervailing forces to challenge and fracture the pro-Israel consensus. This has created a mindlessly one-sided phenomenon, defying evidence and law, that can only be understood as ‘the deformation of democracy.’ For a person in Congress to express their true beliefs or to honor their conscience by opposing Israel has in the past amounted to political suicide, while covering up Israeli wrongdoing has no down side whatsoever for elected officials. This has never been healthy.

 

The most intriguing question posed by the Ilhan Omar incident is whether the pro-Israeli tide is finally turning in Washington. On the one side, are the vigorous AIPAC style enforcers punishing any member of Congress that seems to be challenging the bipartisan consensus. On the other side, is a recognition that there is growing sympathy for the Palestinian people, and that it is time to reset American policy on Israel/Palestine, and indeed toward the whole of the Middle East. In retrospect, it seems that pro-Israeli neocons helped push the United States to launch the disastrous Iraq War in 2003, and is now, with the full backing of the Trump White House edging toward an even more disastrous war initiated against Iran.  

 

The reformulation of a House resolution intended to condemn as anti-Semitism the sort of allegations of collective Jewish influence has been called ‘a political earthquake’ because it disclosed previously non-existent tensions within the ranks of the Democratic Party on how to respond to Omar’s controversial statements, which signals a definite weakening of the earlier consensus. As with the Angela Davis turnaround in Birmingham, there may now be expanded space and protection for criticism of Israel and less fear of the Zionist enforcers. Significantly, also, several Democratic presidential aspirants, including Bernie Sanders and Kamala Harris have spoken in defense of Ilhan Omar. The dust has yet to settle altogether, but even this degree of ferment may portend better times ahead.

 

 

 

 

5) Daniel Falcone: Lawrence Davidson recently pointed out how pro-Palestinian politicians will have to carefully craft their language to prevent the intentional distortion of their words. Since he wrote this however, it seems that no matter how careful their words are, Omar’s or others, rebukes will be commonplace as a result of political differences. It’s not really what she said, it’s the implications of how it can be utilized in redirecting American foreign policy beyond Netanyahu to extend to bipartisan policies overall. I’m reminded of Davidson’s additional takes on J-Street as contributing to ideological gatekeeping. What are your thoughts?

 

Richard Falk:  I almost always find Lawrence Davidson’s commentaries on important public issues to be incisive, developing morally coherent and politically progressive interpretations of complex and often controversial issues. Here, I feel that Davidson’s formulation is misleading. Those in the Zionist camp that seek to discredit a message critical of Israel are rather indifferent to whether the formulations are carefully crafted or not. Their primary objective is to discredit the messenger, which has the added benefit of shifting the conversation away from what was said to who said it. This shifting of the conversation is as important as the defamatory undertaking, and thus even if the person escapes with their reputation more or less undamaged, the discussion will be about whether the allegations were well founded or not, and the substantive concerns that prompted the statements being are buried beneath the unresolvable to and fro of ad hominem polemics. Such has been the choreography of the Omar experience.

 

Of course, if there are phrases that can be lifted from the offending statement or document that makes the work of defamation and distraction easier to accomplish, so much the better. But even if the message, tweet, or document was the work of heavenly scribes it would not deter defamation if the criticism of Israel has potential political traction. As before, the case of Goldstone and my own experience at the UN is instructive. The report of the Goldstone Commission was never subjected to substantive criticism by those who mounted their scathing attacks on Goldstone’s character. In my case, my twelve reports as Special Rapporteur received almost no substantive criticism from Israel or its puppet NGO, UN Watch, which trained all of its guns on my supposedly anti-Semitic character, or on my supposedly nutty views on issues not really relevant to Israel/Palestine such as the Iranian Revolution or my rather banal comments on the Boston Marathon massacre.

 

The crucial point here is what I have previously argued. These defenders of Israel are not trying to win an argument about disputed facts and rival interpretations of law. They are trying to make the author of what is objectionable to the Zionist outlook so disreputable that whether the analyses are true or false becomes irrelevant. I used to tell the official delegates at the UN in Geneva and New York that a person only had to be 10% objective to reach the same factual and legal conclusions that were set forth in my reports. In other words, if this is more or less correct about Israeli encroachments on human rights in the course of maintaining control of Occupied Palestine, then it would be a fool’s errand for diehard Israel defenders to engage in substantive debate.

 

The situation in Congress is quite special because unanimity on Israeli support has heretofore prevailed, and is itself seen as valuable for Israel, making any significant departure a risky course for a politician to take as the record of past encounters shows. The attack on Ilhan Omar may have gone too far, given who she is and what she actually said. Just as her status and identity make her especially vulnerable, it also makes those who support a pluralist, democratic country adopt her cause and fight back on her behalf. I am reminded of the Birmingham NGO that rescinded the human rights award to Angela Davis a few months ago because of her pro-Palestinian activism causing such a strong pushback on her behalf that Institute for Civil Rights in Birmingham had to reverse itself, and restore the award and speaking invitation. We have not yet reached the outcome of the Omar firestorm but it could be that the. attackers will back off, especially given the dark clouds forming over Israel in the shape of Netanyahu’s embrace of electoral support from the most extreme right and the rather weak presidential and congressional responses to White Supremacist language from within the ranks or from the White House.   

 

 

6) Daniel Falcone: Jeremy Corbyn is another decent person that faced heavy criticism and allegations for his word choices regarding the Holy State. It’s been pointed out by some progressives that the more progressive left tolerates or openly supports Corbyn and Omar’s “anti-Semitism” only because they want to emphasize their opposition to the illegal settlement expansion and to fend off the hard right. They argue, that’s no excuse to let the “trope” making off the hook. Meanwhile, since this sentiment has been expressed, the same people have not condemned the racist and demeaning Islamophobic depiction of Omar by the West Virginia GOP. Largely because, and cynically so, it was suspected that her own identity insulated her from her initial comments in the first place. My conclusion here is that calling out Omar initially was a form of doublespeak. Could you comment?

Richard Falk: The guns of liberal Zionism are booming. Bret Stephens, proud of his call for the resignation of Netanyahu due to corruption charges, was expressing his satisfaction that American Zionists no longer can be said to walk in lockstep submission to Israel and its strong prime minister. This seemed to be a kind of hunting licence making it fair game to condemn Omar for what he calls ‘Corbynism.’ [Bret Stephens, “Ilhan Omar Knows Exactly What She Is Doing,” NY Times, March 7, 2019] What this slur intends to convey is that a person can be personally free of anti-Semitic hatred of Jews, and yet because of their distaste for Zionism or Israel, still qualify as ‘anti-Semites’ because they invoke those nasty ‘tropes’ used to mobilize hatred of Jews through the ages. Her tweets about dual allegiance and Jewish money used to silence critics of Israel are regarded as sufficient evidence.

I do consider this kind of demeaning attack on Jeremy Corban and Ilhan Omar to be irresponsible to the point of generating the very feelings it purports to be condemning. For such morally sensitive and political progressive personalities to be so smeared because they point to features of reality associated with this unprecedented ‘special relationship’ or their willingness to befriend those that make such criticisms of the use of Jewish power to hide Israeli injustice. Such lines of attack are not only intended to narrow freedom of expression when it comes to Israel but also to rely on a dragnet sort of argument that rests on guilt by association. Once more I can illustrate the point from my own experience. A leading English tabloid carrying on their vendetta against Corbyn published a picture of Corbyn and myself at an event in London where we discussed the Palestinian ordeal, contending that Corbyn by appearing with an anti-Semite like myself was linking arms with anti-Semitism.

 

 

7) Daniel Falcone: There are journalists and liberal critics of Omar’s “tropes” that state that opposition to US/Israel policy on the one hand is fine, but reinforcing conspiracy theories are not. This is entirely understandable yet I don’t see J-Street type rhetoric translating into meaningful shifts in policy construction. Could you comment on the limitations of partisan criticism of Israel when it seems it should be bipartisan?

Richard Falk: I think that identifying and criticizing collective efforts to control debate on Israel/Palestine or to intimidate defections from bipartisan unity in the Congress and elsewhere that call attention.to the biasing of legislative scrutiny and procedures, is inherently regressive. By characterizing the defection as an anti-Semitic trope, which is supposed to establish taboos that if violated, generate a justifiable contention of anti-Semitism, is resorting to a blunt manipulative device. The plausibility of this use of ‘tropes’ is the purported link to the historical experience of conspiracy theories used by right wing movements to mobilize fear and hatred of Jews, fabricating Jewish plots to use Jewish money to penetrate and dominate the centers of power, and even to take over control of the whole world (for example, the notorious Protocols of Zion).

It is viciously false reasoning to merge criticisms of actual collective action that is fact-based with fabricated conspiracies designed to generate fear and hatred, and give rise to persecution or worse.

 

 

The Banality of Evil: Diverting the Palestinian Struggle

28 Mar

The Banality of Evil: Language Entrapment or Political Malevolence?

 

It seems a language game is being played. Or is it better understood as a political maneuver suffused with bad intentions?

 

Governments and international institutions with the wonders of modern information-gathering technology at their disposal continue to endorse the ‘two-state solution’ while civil society observers on all sides of the conflict mostly realize that as matters now stand Israel is adamant in its refusal to allow an independent Palestinian state to emerge and feels no pressure from the Trump White House to feel otherwise. Regardless of feelings, with an estimated 700,000 Israeli settlers living in unlawful settlements, the obstacles to creating the sort of Palestinian sovereign state that was supposed to emerge from Oslo diplomacy, the Arab Peace Initiative, and the Quartet Roadmap has long ago evaporated into thin air with hardly a whimper of outrage, or even disappointment, from even the Palestinian official representatives at the UN or the PLO directorate in Ramallah.

 

Daniel Pipes, always at the service of Zionist ambitions, has been beating the drums for an iron-fisted end game that resolves the conflict with the clarity of an acknowledged Israeli victory and a Palestinian defeat. As for the two-state solution, it is ironic that Pipes words ring truer than those that emanate from the capitals of the world, Speaking plainly, Pipes says “(t)he two-state solution, an absurdity at present (it means asking Israel to strengthen its mortal enemy) will make good sense after a Palestinian defeat.” One can only imagine the paltry reality of what Israeli ‘good sense’ will produce after a Palestinian surrender! But the question that interests me here is why Pipes can be clear eyed about a reality that the UN and inter-governmental discourse are unwilling to admit. Trump, forever the outlier, is so far forthright enough to refuse to endorse the two-state solution, thus breaking, at least implicitly, with the inter-governmental/UN consensus that other recent American presidents have all pledged to their utmost to implement. Of course, Trump’s defection is best explained as his docile readiness to take his marching orders from domestic Zionist maximalists who helped bankroll his campaign for the presidency.

 

On a recent visit to Israel for a meeting with Mahmoud Abbas, the German Foreign Minister, Heiko Maas, reaffirmed the zombie international consensus as if was an alive political option, declaring that the new German government remains committed to a two-state solution to the Israeli-Palestinian conflict. Such an assertion can be better understood if decoded—the German government has no intention of exerting any pressure on Israel to reach a political compromise, and he seems to be urging the Palestinian leadership to adopt a similar line.

 

At the UN the harshest criticisms of Israel continue to be its tendency to hamper progress toward a two-state solution, which would be notable if anyone in the know believed it to be a viable political option. For instance, in the important Security Council censure of Israeli settlement behavior (SC 2334. 23 December 2016) the Preamble wrote these words of explanation: “Expressing grave concern that continuing Israeli settlement activities are dangerously imperiling the viability of the two-state solution based on the 1967 lines.” “Dangerously imperiling,” as if the solution was not long since defunct. On what planet are these governmental representatives living? Or do these governments know better, but have secondary reasons for pretending differently?

 

In operative paragraph 3 of the General Assembly resolution (21 Deember 2017, A/ES-10/L.22) overwhelmingly condemning (128-9, with 35 abstentions) the provocative Trump move to recognize Jerusalem as the capital of Israel, and to so relocate the American embassy, a similarly misleading assertion is made: the GA “Reiterates its call for reversal of the negative trends on the ground that are imperiling the two-state solution.” I would be rude enough to say, ‘wake up, world,’ the two-state solution is not in the peace picture any longer, and maybe never really was.

 

The new call for peace that has real potential political traction, and is increasingly endorsed throughout civil society is ‘End Apartheid,” superseding the earlier effort to achieve by direct action an outcome that could be converted into a de facto Palestinian state: ‘End the Occupation.” For several reasons, this emphasis on withdrawal from occupied Palestine was always insufficiently responsive to the full reality of Palestinian suffering and struggle. It failed to emphasize the long-term plight of Palestinian refugees and involuntary exiles, and omitted mention of the discriminatory and in many ways worsening daily reality of the Palestinian minority in Israel.

 

In some respects the most dismaying statement of all along these lines was issued by the Inter-Parliamentary Union (IPU) in their rebuke of Trump’s Jerusalem initiative that was just now disseminated with the evident approval of the Palestinian National Council:  “The IPU noted that the resolution undermines the legal and political status of a peaceful settlement between Israel and Palestine and any hopes for a two-state solution. The IPU stressed that it would continue to pursue its efforts to promote dialogue and peace between the two parties, Israel and Palestine, and in the Middle East region. What is distressing about such a statement is that it seems to suppose that Israel is in the slightest degree interested in participating in a dialogue on the conditions of peace if that means walking a path leading to the emergence of a Palestinian state. The minimum requirement for dialogue is some degree of mutuality, which has not existed on the Israeli side for some years, and to pretend that it does is a way of sidestepping the real challenge—do nothing but watch while Israel moves ahead with its unilateral end game or join the struggle to prevent a culminating Palestinian tragedy by moving out of the diplomatic shadows and into the political arena of coercive politics.

This is not the time for dialogue and displays of good will. That time has long passed. Now is the time for engagement, for pressure, for boycott, and for sanctions. When governments are serious about pursuing elusive goals, whether these are benevolent or not, they choose sanctions, coercive diplomacy, and leave the military option on the table. I am only too glad to leave the military option off the table, while insisting upon a post-diplomatic posture of militant nonviolence. The Palestinian people have suffered long enough! They should not be further enticed to rely on tactics of futility. Not only is silence in the face of evil and suffering unacceptable, so is passivity, and even more, false consciousness.

Finally, we should ponder why the civil society focus on the BDS Campaign is so much more attuned to the Palestinian ordeal than is this nonsesnsical inter-governmental and UN two-state discourse. My reference to Hannah Arendt’s influential, if controversial, treatment of the Eichmann trial, was not lacking in forethought. Governments, and the UN as a global network of governments, is not inclined to confront seriously the suffering of others unless vital national interests and geopolitical priorities of its principal members so decree. Here, considering that Israel has become a regional powerhouse, backed unconditionally by the United States, conditionally by the West as a whole, and now opportunistically even by most Arab governments, the geopolitical realities favor an international posture of hands, given deceptive twists by moralizing rhetoric, occasional slaps on the Israeli wrist, and a garland of illusions in the ritual form of pledging a meaningless allegiance to the continuing vitality of the two-state solution. We need to muster clarity of will to declare that affirming the two-state solution under present conditions is proof that the banality of evil lives on in our time.

 

 

 

 

 

 

 

 

Recognizing Jerusalem as Israel’s Capital

15 Dec

 

[Prefatory Note: The following post is a modified version of an article published on December 8th in Middle East Eye. It considers the normative and geopolitical sides of Trump’s unilateralism. Apologists claiming Trump finally acknowledged the operational reality that Jerusalem has been serving as the capital of Israel for the last 50 years, and the disruptive effects have been exaggerated as Saudi Arabia has not reacted in a strongly negative manner. Critics, including myself, regard the initiative as a gratuitous slap at the Palestinians and a further confirmation of Trump’s disregard of international law, international morality, and the authority of the United Nations. The status of Jerusalem serves as a focal point for the tension between the old geopolitics of hard power realism and the normative geopolitics of soft power new realism that is struggling through a birthing process in many settings. In my view the resolution of this tension will shape the trajectory of 21st century humanity. In other words, the stakes are high.]

 

Recognizing Jerusalem as Israel’s Capital

 

With the deftness of a bull in a china shop, Donald Trump has ignored the advice of several close advisors, disregarded the fervent pleas of several of Israel’s closest Arab neighbors, ignored warnings of America’s traditional allies in the Middle East and Europe, and ruptured a key element of an international consensus that had long prevailed at the UN, by going ahead to proclaim formally Washington’s view that Jerusalem is and will be the capital of Israel. Such a declaration serves also to rationalize the prior pledge to move the American Embassy from Tel Aviv, the city where every other country in the world insists on maintaining its government to government relationship with Israel, to the city of Jerusalem, sacred to all three of the monotheistic religions.

 

The most obvious question to pose is one of motivations: Why? Strange as it may seem to those living in the Middle East, the most persuasive explanation is that Trump saw this act of recognition as an opportunity to show his most fervent supporters at home that he was being true to his campaign promises. Trump has been frustrated during the first year of his presidency by his embarrassing inability to carry out the program that helped get him elected in 2016. It is true that by taking this further step toward relocating the American embassy Trump’s popularity in Israel spiked and as he has pointed out he is actually doing what his predecessors and Congress has long proposed.

 

In essence, Trump seems to have taken this internationally controversial step because he cares about pleasing the Christian Zionists and the Israeli Lobby in America more than he does about ruffling the feathers of UN diplomats, possibly inflaming the Arab masses, removing the last shred of doubt among Palestinians that the U.S. could ever be trusted to play the role of ‘honest broker,’ or even partisan intermediary, in the pursuit of a two-state solution, and perhaps most of all, connecting American foreign policy in the turbulent Middle East is some durable and coherent way with strategic national interests in regional stability.

 

From this perspective, Trump has once again demonstrated his extraordinary talent for choosing the worst possible alternative in delicate international situations where dire consequences could follow from the wrong policy turn, and the rewards of going it alone seem minimal and transient, at best.

This vivid instance of Jerusalem unilateralism parallels the geopolitical stupidity of withdrawing from the Paris Climate Change Agreement of 2015 a few months ago. There also the Trump approach to foreign policy seemed perversely designed to burnish its already secure reputation as the first rogue superpower of the nuclear age. This global spoiler role is also dangerously evident in the apocalyptic threat diplomacy adopted by Trump in the Korean Peninsula as a response to Kim Jong-un’s nuclear weapons program, which include provocative bluster, weapons developments, and grave risks of mutual miscalculation.  

 

Liberal opinion in the U.S. and abroad lamented the Trump initiative on Jerusalem for the wrong reasons. Especially prominent was the assertion in various forms that Trump had damaged, if not destroyed, the ‘peace process,’ and its special role as convening party. Such a concern presupposes that a peace process sufficiently existed to be susceptible to being destroyed. While promising ‘the deal of the century,’ Trump turned over his supposed peace offensive, to pro-Zionist extremists and settler fundamentalists (David M. Friedman, Jared Kushner, and Jason Greenblatt) whose obvious goal was not peace, but putting the finishing touches on what they regarded as an Israeli victory that only needed a face-saving exit arrangement for the Palestinian Authority to complete the job. Working in tandem with the Netanyahu leadership, the Trump effort has been so far focused on killing ‘the two-state solution,’ at least in its claim to satisfy reasonable Palestinian expectations of self-determination in the form of a viable and truly independent sovereign state with its capital in East Jerusalem. In its place, one supposes that the Trump ‘dream team’ will come up with a non-viable polity in what remains under Palestinian control in the West Bank, either tied to Gaza or separated in some enduring way, affronting reality by calling the plan a fulfillment of two-state expectations, and dismissing Palestinian objections as ‘rejectionism,’ a stubborn insistence on having it all, and in the end, a take it or leave it version of Hobson’s Choice.

 

As matters now stand, the status quo is also very unfavorable from the point of view of the Palestinian national struggle and the implementation of the international community’s version of a reasonable compromise. This status quo of occupation and dispossession facilitates the continuing conversion of the 1967 ‘occupation’ of Palestinian territory into a permanent reality that unlawfully blends the annexation of the West Bank and East Jerusalem with the maintenance of control over the Palestinian people by means of apartheid structures of subjugation. If this assessment is correct, then moving the American Embassy to Jerusalem can be seen as supportive of Netanyahu’s apparent conception of the end-game of this hundred year struggle between the national aspirations of these two embattled peoples. In this regard, the bluntness of the Trump approach exposes to the world an ugly reality that should have been obvious all along to anyone looking at Israeli behavior with a critical eye, or grasping the policy fallout from the ‘America First’ mantra.

What gives this regressive turn its plausibility, posing yet another challenge to the Palestinian movement, is the blind eye that the new look in Riyadh has turned toward even the Judaization of Jerusalem, which would seem to confirm the Saudi priority of geopolitical collaboration with the United States and Israel, even at the expense of fundamental Islamic concerns and the maintenance of solidarity in the Muslim world. In this sense, it is well to take some note of the declaration of the Organization of Islamic Cooperation (OIC), endorsed by all 57 of its member states (including Saudi Arabia), that Jerusalem is the capital of Palestine, denying Israel any right to a formal governing process in the city.

 

While this substantive analysis helps us grasp the geopolitical context that makes recognition of Jerusalem as Israel’s capital a kick in the groin of Palestinian delusions about a viable peace diplomacy while at the same time leading most Israelis to dance in the streets. It also underscores the hypocrisy of the international community’s call for reviving the peace process when it should long have been evident that Israeli settlement expansion as well as Tel Aviv’s approach to Jerusalem had passed the point of no return, and thus the occasion for abandoning an unworkable diplomacy, and facing with honesty the daunting question—‘What next?.’ Israel’s recent behavior makes it clear for all except hasbarists that the Israeli government has no current willingness whatsoever to end the conflict if this means creating an independent Palestinian state delimited by 1967 borders, thereby encompassing West Bank, Gaza, and East Jerusalem. For Israel the alternatives are perpetuating the apartheid status quo or allowing for the emergence of ‘Bantustan Palestine’ as the diplomatic price that the Netanyahu leadership is willing to pay for a certification of ‘peaceful solution.’

 

From the issuance of the Balfour Declaration in 1917 to this historic moment acknowledging Israel’s claims to Jerusalem, Zionism and since 1948, the state of Israel, have disseminated a double-coded message to the world. In its public utterances, Israel’s public posture is one of a readiness for compromise and peaceful coexistence with the Palestinians, while its practices and actual objectives, can only be understood as the step by step consistent pursuit of the visionary ideal of Greater Israel or Our Promised Land. The present Israeli ambassador to the U.S., Ron Dermer, in the course of thanking Trump for standing so strongly with Israel, told an American TV audience that Jerusalem has been truly the capital of the Jewish people for 3,000 years. No where has Israel’s double-coding been more evident than in relation to Jerusalem. It uses the grandiose claims of Jewish religion tradition when it can and the somewhat more constraining diplomacy of statecraft when it offers opportunities, and does its best to avoid altogether the precepts of international humanitarian law or the UN consensus.

 

On the public discourse side stands Israel’s public acceptance of the partition arrangements embodied in General Assembly Resolution 181, which included the internationalization of Jerusalem under UN administration. More critically viewed from a behavioral discourse perspective, Israel’s actual conduct flagrantly consistently defied international law by formally enlarging and annexing Jerusalem as ‘the eternal capital’ of the Jewish people and manipulating the demographics and cultural heritage of the city in ways that made it seem more credible to regard the whole of Jerusalem as a Jewish city.

 

It is difficult for even notorious Israeli apologists, such as Elliot Abrams or former American ambassadors to Israel to defend the actual Trump decision. Such apologists prefer to adopt a default position. Yes, the timing of the White House initiative was tactically questionable, but its international condemnation greatly exaggerates its importance and inappropriateness. They view criticisms and concerns as overblown, amounting to a display of ‘heavy breathing.’ In effect these apologists agree with Trump’s core contention that the acceptance of Israel’s claim to have its capital in Jerusalem, is an overdue recognition of reality, nothing more, nothing less, and that the rest of the world will have to learn to live with this recognition. Time will tell whether this downplaying of fears of renewed violence of resistance and anti-Americanism are anything other than a feeble attempt by apologists to reaffirm Israel’s legitimacy in the face of what should turn out to be a geopolitical fiasco.

 

What should dismay the region and the world the most about Trump’s Jerusalem policy is its peculiar mixture of ignoring law, morality, and the international consensus while so blatantly harming America’s more constructively conceived national interests and tradition of global leadership. This mixture becomes toxic with respect to Jerusalem because by humiliating the Palestinian national movement and ignoring the symbolic status of Jerusalem for Muslims and the Arab peoples, it makes violent extremism more likely while lending support to existing postures of anti-Americanism. How incoherent and self-defeating to proclaim the defeat of ISIS and political extremism as the top American priority and then making this Jerusalem move that is virtually certain to produce populist rage and an extremist backlash. No ISIS recruiter could have wished for more!