(Prefatory Note: I was surprised pleasantly by this award not often bestowed these days on a faculty member who writes and speaks in a critical voice on core issues of US foreign policy, especially in the context of Middle East politics, and above all with regard to Palestine/Israel, and particularly with someone who like myself early on named Israel’s response to October 7 in Gaza as ‘genocide.’ It is awkward to call such attention to myself but irresponsible not to take note of signs of academic freedom defying a repressive atmosphere in many venues of higher education. This hostility to the traditions of freedom of expression is recently becoming overtly punitive (e.g. terminating $400,000,000 in Federal Grants to Columbia University science programs for its supposed tolerance of antisemitism, itself a manipulated allegation that actually encourages what it claims to be opposing.]
Changing the Names of the West Bank: Foretaste of a Severe further Crime Against the Palestinian People
20 Feb[Prefatory Note: The post below has to do with the decision by the legislative bodies in Israel and the US to hereafter refer internationally to the West Bank by their biblical names, Judea and Samaria. An article by Kazim Aizaz Alam appears in TRT World on February 14 that quotes my responses to an interview he conducted with me on February 12. https://www.trtworld.com/magazine/why-us-israel-want-to-rename-occupied-west-bank-as-judea-and-samaria-18264875
I publish here a somewhat extended version of my response to the two questions put to me. The issue of language, as it with authoritative declarations of applicable law make nothing happen by themselves, but they have potentially great values in the symbolic domains where politics occurs.]
1. Isreal claims that the occupied West Bank — which they’re officially renaming as Judea and Samaria — is an integral part of Israel? Some Israelis cite Biblical references to say that Judea and Samaria form an “inseparable part of the historic homeland of the Jewish people”. What does history say? Do the Palestinians have a counter-argument?
The Biblical references, Judea and Samaria, has long been used in Hebrew discourse about the future of the West Bank, especially internally by Israeli leaders, but was not previously used internationally in deference to the broad consensus among state and at the UN on treating the areas of Palestine West of the Jordan River by English language names in the period of the British Mandate. Reference to the biblical names within
Israel conveyed to Israeli public that the governing leadership had not given up its resolve to incorporate the West Bank within the boundaries of its territorial sovereignty whenever political conditions were favorable to such an enlargement of Israel. although the claim, regardless its status in Jewish religious tradition had no modern legal or moral standing.
By using this kind of messaging adherents of Zionist Project had long been signaling to their adherents a rejection of the establishment of meaningful Palestinian statehood even if they appeared to go along for public relations reasons with the two-state approach. It was always was assumed in international circles that a Palestinian state would have its core reality by way of sovereign rights in the West Bank, as supplemented by a national capital in East Jerusalem and recovery of Gaza linked by corridor to the West Bank. This was the dominant contours of the idea underneath the almost universally promoted ‘two-state solution,’ and earlier provided the basis for the UN partition resolution of 1947 [GA 181, Nov 29, 1947] that was rejected by Palestinians at the time as a division of mandate Palestine decreed by the UN without any legitimating referendum determining the preferences of the residents of Palestine or through the participation on the part of authentic representatives of the Palestinian people in shaping the UN plan. Hence, from Palestinian and Arab perspectives this imposition of partition was regarded as an unacceptable denial of the inalienable Palestinian right of self-determination and by the Zionist Movement as a major victory on the road to Palestinian state, second in importance only to the Balfour Declaration pledging British support for a Jewish homeland in Palestine, an instance of colonial unilateralism.
The Palestinian argument rests on the legal and moral relation of the two peoples as regulated by international humanitarian law and the 4th Geneva Convention governing situations of belligerent occupation that commenced in the aftermath of the 1967 War. The UN has been ineffectual when it comes to addressing the repeated flagrant violations by Israel, which consistently evaded and defied it legal responsibilities as Occupier. This refusal to adhere to its obligation under international law was exhibited in various ways, above all by the establishment and expansion of Jewish settlements, the annexation of the whole of the formerly divided city of Jerusalem, and a reliance on multiple forms of collective punishment. These were the most prominent Israeli and consistent violations, aside from its failure to uphold its primary legal duties specified in the Geneva Convention to respect and leave unaltered the Occupied territory and unconditionally safeguard its inhabitants. Israel never fulfilled the initial widespread expectations on all sides that its occupation of the West Bank in 1967 would be temporary and short-lived. This was the authoritative expectation underpinning the widely heralded unanimous Security Council Resolution 242 adopted unanimously on Nov. 22, 1967. This UN resolution ambitiously and optimistically delimited the conditions for a durable peace: Israeli withdrawal of security forces; peace within secure and recognized boundaries; freedom of navigation; just resolution of ‘refugee problem,’ and security measures including within de facto demilitarized zones.. None of these conditions came to pass because the Israeli state managers of the Zionist Project were determined at some future opportune time to achieve sovereign control of the West Bank, and signaled this intention when comparative weak and insecure only in Hebrew to avoid an international pushback. The names of the West Bank embodied in Jewish traditions involving a return to the so-called ‘promised land’ were ways of keeping faith with dominant strains of Zionist ideology.
2/ What should the Palestinians, and the supporters of their cause in the rest of the world, do to stop the renaming effort?
The Israel overtness in renaming the West Bank as Judea and Samaria indicated an Israeli intention to make these territorial claims overt and to impart active coercive policies to satisfying its remaining territorial and sovereign claims to the West Bank. Such a move in defiance of the UN framework governing Occupation, which was as noted to be accompanied by an expectation of IDF withdrawal, dismantling of the settlements, protection of Palestinian rights.
Governments and media should refuse to follow this Israeli lead as was unfortunately done by the US Government. It is important in contrast to follow the lead of ICJ in its Advisory Opinion of July 19, 2024 in ordering an end to Israel’s prolonged belligerent occupation, not only by an Israel withdrawal of its forces, but also by repudiating any Israeli territorial sovereignty that occurred during its punitive and abusive occupation that has already lasted almost 58 years. Such perceptions of unlawful Israeli administration of the West Bank underlay the ICJ near unanimous and historically important Advisory Opinion that authoritatively set forth Israel’s violation of international norms of belligerent occupation, and placed Israel under a duty to bring to an immediate end its Occupation regime, putting the UN and member governments under a legal obligation to assure that this would happen.
By this internationalization of the Zionist renaming of the West Bank in accordance with its goals, but in opposition to the international consensus is indicative of the confrontation that seems to be the shared intention of Netanyahu and Trump, but if coercively implemented in a substantive manner will further inflame the dire situation facing the Palestinian people who have been subjected to a genocidal ordeal of the past 16 months, and left the Gaza Strip devastated and its people bare survivors of one of the great humanitarian and ecological disasters of modern times. .
“Naming Genocide” conference of Palestine Return Centre in London on February 22, 2025
8 Feb[Prefatory Note: An important conference of Feb 22, 2095 under the auspices of Palestine Centre of Return, in London. Free registration below. Program copied below.]
Conference Schedule
Saturday, 22 February 2025
9:30 – 10:00 Arrival And Registration
10:00 – 10:30 Opening and Introduction by PRC Director
Conference Begins
Panel 1
Genocide and International Law:
Obligations and Accountability
Chair: Haydee Dijkstal – Barrister, international criminal law and international human rights law
10:30 – 10:50 Prof. Richard Falk Emeritus of international law at
Princeton University, and Euro-
Mediterranean Human Rights
Monitor’s Chairman of the Board of
Trustees.
10:50 – 11:10 Dr. Nimer Sultany Reader in Public Law
SOAS University of London
11:10 – 11:30 Att. Lara Elborno Palestinian-American international
lawyer
11:30 – 11:50 Prof. Neve Gordon Prof. of International Law, Queen
Mary University of London
11:50 – 12:10 Q&A
Version: 5-2-2025Lunch Break
12:10 – 13:10 Lunch at Main Dining Room
Conference Resumes
Panel 2
Voices from Gaza: Lived Realities and Resilience
Chair: Professor Penny Green – Australian criminologist, Professor of Law and Globalisation
Timing Speaker About the Speaker
13:15 – 13:35 Dr.Ahmed Mokhallalati Plastic, Hand & Reconstructive
Surgeon
13:35 – 13:55 Dr. Mads Gilbert Award-winning Norwegian medical
doctor and author
13:55 – 14:00 Mr. Wael Al-Dahdouh Palestinian journalist and Bureau
Chief of Al Jazeera in Gaza
(Recorded)
14:00 – 14:20 Mr. Ahmed Al Naouq UK based Gaza Journalist, Founder of
We are not Numbers
14:20 – 14:40 Prof. Wesam Amer Visiting Professor, Sociology
Department, University of Cambridge
14:40-15:00 Q&A
Coffee Break
15:00- 15:20 Coffee BreakConference Resumes
Panel 3
International Solidarity: Turning Advocacy into Action
Chair: Dr. Mandy Turner – Senior researcher with Security in Context
Timing Speaker About the Speaker
15:20 – 15:40 Dr. Nadia Naser- Najjab Senior lecturer in Palestine Studies
Co-director of European Center for
Palestine Studies (ECPS),
University of Exeter
15:40 – 16:00 Ms. Grazia Careccia Deputy Regional Director for the
Middle East and North Africa and
head of the Israel-Palestine team
at Amnesty International
16:00 – 16:20 Att. Mira Naseer Legal Officer at the International
Centre of Justice for Palestinians
16:20- 16:40 Ms. Nuvpreet Kalra Digital Content Producer, Code
Pink
16:40- 17:00 Q&A
17:00 – 17:15 Closing notes
The Death of Francis Boyle: A Great Progressive International Law Scholar and Practitioner
6 Feb[Prefatory Note: The following post represents my reflections on the outstanding progressive international law expert of our time, and takes notes of both pardonable faults and eternal gratitude for a courageous life well spent.
Francis Boyle: In Memoriam; RIP
It is with sadness that I take note of the sudden unexpected death of one of the few consistently progressive international Law scholars in the academic ranks of the US on January 30, 2025 at the age of 74. Boyle was active until he was pronounced dead due to undisclosed causes.
Despite being born in Chicago Boyle maintained his primary national identity was Irish. Francis was fond of asserting that he was ‘born Irish,’ and not as a white North American. Throughout his productive life Francis associated himself with many neglected struggles for justice, with especial attention given to opposing the Israel’s treatment of the Palestinian people, which he termed genocidal as early as 2009. He acted as a legal advisor to the Palestinian Authority and to the Palestinian negotiating team. He also acted as counsel representing several tribal communities seeking to redeem their legal rights as indigenous peoples and several other causes involving vulnerable or abused communities.
Among those deserving praise for their courage in speaking truth to power, no
one among international law experts since the end of World War II, so exemplified this crucial virtue of engaged and progressive citizenship than Francis Boyle. He spoke bluntly, and often insultingly, about those who invoked international law to rationalize the foreign policy of the US Government. His published writing was informed by a deep knowledge of his varied subjects, always expressing himself lucidly and uncompromisingly, most energetically when condemning US and Israeli lawlessness. His views were set forth in a self-confident style and his interpretations of law invariably placed him on what progressive persons agree is the right side of history. In keeping with this posture of radical dissent, Boyle’s heroes were unsurprisingly academicians and public figures who shared his outlook and public engagement, most notably Noam Chomsky and Ramsey Clark, and the less well known, the respected Harvard Law professor, Clyde Ferguson. Francis had an elite education, that included earning a magna cum laude degree from Harvar Law School. Nevertheless, Francis never attained the front ranks of those recognized as public intellectuals as were Edward Said, Howard Zinn, Daniel Ellsberg, and Susan Sontag.
As is often the case with radical dissenters, unless first tier scholars, they pay a price for their civic integrity and engagement, and there is little doubt in my mind, that Francis was informally blacklisted in many prestigious centrist venues, including the American Society of International Law and the Council of Foreign Relations. He clearly merited election to the Board of Editors of the American Journal of International Law on the basis of his scholarly stature, but it never happened during his 41 years as a faculty member of the College of Law at the University of Illinois. His many books on controversial issues were rarely reviewed in mainstream journals or appeared on the syllabi or recommended reading lists of international law courses. Despite being spurned at home, Francis was well known internationally as a skilled lawyer who would provide his services to causes unpopular or unknown in the West.
Francis managed to do many bold and valuable things in his own way over the years. He believed in using juridical frameworks to expose the wrongdoing of the powerful with an awareness that winning in court made the claim legitimate, but did not assure enforcement, which he correctly understood to be a political rather than a legal project.
Francis supported in courts of law claims of justifiable civil disobedience by young Americans during the Vietnam War, served as a lead prosecutor for a high profile Malaysian civil society tribunal condemning the role of the US in the Iraq War, he advised Palestinian negotiators seeking a just peace with Israel, provided services as a lawyer on behalf of indigenous rights, and represented Bosnia and Herzegovina in the International Court of Justice in their legal action against Serbia, charging genocide.
Yet not all that glitters is gold. Francis was stubborn and dogmatic, unyielding in articulating his controversial views, and had an annoying habit of invariably proclaiming his own importance that diverted attention from the substantive issues to be addressed. I believe Francis brought on some of the unfair blacklisting in academic circles by a kind of obsessive and unabashed narcissism that diverted attention from his great talents as jurist and lawyer with an unwavering commitment domestically and internationally to the rule of law as a source of justice and core element of a genuine democracy, which helps his affinities with the powerless and vulnerable.
In the end, we should celebrate the achievements and ethical heroism of Francis Boyle, and forgive those all-too-human shortcomings when it comes to matters of humility. Too few of us who profess progressive have the courage of our convictions that put our ideas and beliefs in the public square. Maybe we should express gratitude to the Irish genes, which seems to have guided Francis Boyle to be the foremost progressive international law specialist of our time. Unfortunately, he has left us when we need his thought and action as never before in the history of this republic that had at least revered the Constitution even as it broke its own laws and supposed value from the moment is broke from the British Empire but not from imperialism, and even slavery for Africans and genocidal policies toward native Americans. We who benefited from Francis’s presence bemoan his absence.
The Fragile Ceasefire: Gaza Tribunal More Relevant
30 Jan[Prefatory Note: The post below was published in Middle East Eye on 29 January 2025,
representing my latest attempt to express support for the Gaza Tribunal Project seeking
civil society enforcement of international law given the neutering of the global normative order.]
Amid fragile ceasefire, the Gaza tribunal on genocide will bring us closer to justice
In 1 November 2024, a coalition of concerned individuals and organisations launched the Gaza Tribunal (GT) in London in response to the international community’s failure to halt the genocide in Gaza.
After more than a year of carnage, its convenors launched this civil society initiative with an urgent mission: to stop the killing in Gaza and establish a permanent, reliable ceasefire – something the United Nations and other parties involved failed to do.
The guiding aspiration of the tribunal was to represent the peoples of the world in their endeavour to overcome this horrifying spectacle of daily atrocities in Gaza and resist the temptation to accept our collective helplessness in the face of such totalising devastation.
It also seeks to hold Israel – along with complicit governments, international institutions and corporations – accountable for their roles in the violence.
In line with this mission, the GT has worked to ensure political independence from governments and active politicians, refusing to accept governmental or compromised funding.Top of Form
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With the three-phase ceasefire agreement now being implemented, the tribunal remains more critical and relevant than ever.
Complementary role
From the start, a key question facing the tribunal was what particular role it would play, given that both the International Court of Justice (ICJ) and the International Criminal Court (ICC) were already investigating criminal charges against Israel.
How could a civil society tribunal add anything to the work of this respected judicial process, an organ of the UN enjoying a preeminent status when called upon to resolve legal disputes among governments?
The tribunal is not seeking to compete with the ICJ but rather to play a complementary role that appreciates the ICJ’s contributions while offering its own distinctive impact
What could be our added value? Who the hell did we think we were?
In response to the perception of irrelevance, the tribunal views its function as distinct from these international bodies.
Through its operations, the tribunal will reach conclusions about the central issue of genocide and related criminality much faster than the ICJ, which is expected to take several years to issue a final judgment.
A key justification for this type of tribunal is its freedom from legalistic rules that limit the scope of inquiry, allowing it to address underlying questions of justice directly.
Additionally, the GT will produce accessible and readable texts that are informed by international law but not burdened by its technicalities, making them far more
accessible to the public through media outlets and political gatherings.
In sum, the tribunal is not seeking to compete with the ICJ but rather to play a complementary role that appreciates the ICJ’s contributions while offering its own distinctive impact that addresses some of the limitations of a strictly legal approach, however authoritative.
Continued relevance
An additional concern, along similar lines, arises from the ceasefire process, which, if upheld, will be seen as the end of the humanitarian catastrophe in Gaza by many but as the beginning of a fragile and ambiguous future by the convenors of the tribunal.
The issues of continued relevance in light of the ceasefire are different and can be summarised as follows: issues of accountability, complicity and the fulfilment of the basic rights of the Palestinian people are outside the scope of the ceasefire.
The ceasefire itself is fragile, and the right wing of the Israeli cabinet appears confident that the genocidal war will resume after the return of the first batch of hostages, with no concern for the further promised release of Palestinian prisoners.
As with the Oslo diplomacy of the 1990s, Israel often upholds the first phase of promising peacemaking that serves its interests – only to then scuttle the remainder, which would require agreeing to some form of co-existence.
There are already signs of Israeli non-compliance, highlighted by the lethal shooting of Palestinians in Rafah and deadly raids in Jenin and Nablus in the occupied West Bank.
Additionally, US President Donald Trump and his Middle East envoy, Steve Witkoff, have both floated proposals of ethnic cleansing, suggesting that the return of hostages could be coupled with the transfer of a portion of the surviving Palestinian population in Gaza to neighbouring countries and other Muslim states, including Indonesia.
Like previous civil society tribunals that have addressed violent conflict, civic efforts to establish such a tribunal are undertaken only when formal structures of authority in international relations fail to stop the violence and related criminal actions.
Civil society approach
Perhaps the most important – yet least understood – aspect of the Gaza Tribunal initiative is its deliberate political nature in both the proceedings and the goals being pursued.
This civil society-driven approach to its judicial framework differs significantly from the analogous frameworks found in intergovernmental or national courts.
The tribunal begins with the premise that the policies, practices and politicians of the accused state are guilty of severe wrongdoing – ethically, legally and, in a profound sense, spiritually.
Unlike government-established courts, this tribunal does not extend due process or presumptions of innocence to governments or individuals accused of criminal actions.
This contrasts with conventional court proceedings, which are generally considered unfair or invalid unless defendants are provided a sincere and adequate opportunity to defend their actions.
In this sense, the Gaza Tribunal’s approach differs markedly from the Nuremberg trials, where due process rights were granted to surviving Nazi political figures and military commanders after World War Two.
While these trials sought to deliver justice, they were criticised as “victors’ justice”, as the crimes of the victors were neither investigated nor prosecuted.
The GT operates from a presupposition of guilt, grounded in available evidence and perceptions.
It is motivated by two main objectives: to document criminal wrongdoing as authoritatively as possible and, perhaps more importantly, to mobilise individuals and groups worldwide. This mobilisation draws on moral and cultural authority figures – such as the UN secretary-general, the pope, and Nobel Peace Prize laureates – as well as faith-based groups, labour unions and human rights organisations.
‘People power’
The tribunal can be seen as a form of ethical or advocacy jurisprudence, a kind of lawmaking not typically taught in even the most prestigious law schools in the world’s most democratic societies.
Despite this, it remains an indispensable tool for resisting unchecked evil, of which genocide is widely regarded as the “crime of crimes”.
Unlike the ICJ or the ICC, the Gaza Tribunal encourages enforcement through civic activism in various forms without relying on governments to provide enforcement capabilities, which has yet to happen.
To clarify, the primary goal of the tribunal is action, not judgment, and this holds true even after a ceasefire.
Its focus is on “people power”, not institutional authority.
Its success will be measured by its societal impact, particularly in terms of the intensity and quality of solidarity movements around the world, akin to the Boycott, Divestment, and Sanctions (BDS) campaign in relation to the Palestinian struggle.
Similar non-violent solidarity movements played a key role in dismantling apartheid in South Africa, helping transform it from a regime of racial governance to a constitutional democracy with equal rights for all citizens.
A generation earlier, the anti-Vietnam War movement also demonstrated the power of a mobilised global citizenry – especially in the US and France – to end the interventionist policies of the most powerful nation in the world.
This effort gave rise to the first civil society tribunal, sponsored by the Bertrand Russell Peace Foundation in the UK, led by the great philosopher Bertrand Russell, with participation from leading intellectuals of the time, such as Jean-Paul Sartre.
‘Legitimacy war’
Public opinion today is largely shaped by the modern state, which exerts indirect influence over corporatised mainstream media.
In turn, powerful special interests and their well-funded think tanks ensure that governmental institutions remain aligned with their agendas.
The tribunal can be seen as one symbolic battleground in the legitimacy war that has been ongoing for more than a century between Israel and Palestine
This dynamic has perpetuated the misleading belief that military power remains the decisive factor in global conflicts post-World War Two.
However, historical records contradict this belief: every significant conflict since World War Two, including anti-colonial wars, has been won by the weaker side militarily.
Israel appears to be an exception to this trend, but its wars should be understood as part of an ongoing and unresolved struggle over sovereignty and control of historic Palestine.
The outcome in Palestine is still undecided, and despite the horrific violence in Gaza, Israel is losing the all-important “legitimacy war” – a symbolic battle for control over law, morality and public opinion.
Except in rare cases – such as Western Sahara, Kashmir and Tibet – the winner of a legitimate war ultimately controls the political outcome.
However, even the winning side may suffer significant losses over the prolonged struggles required to achieve that victory.
The Gaza Tribunal can be seen as one such symbolic battleground in the legitimacy war that has been ongoing for more than a century between Israel and Palestine.
Measure of success
If it succeeds, the tribunal will account for both the success or failure of the ceasefire while also creating a comprehensive archive documenting Israel’s criminality.
Moreover, it will foster worldwide solidarity, encouraging global militancy for justice.
The tribunal also contributes to the legitimisation of an alternative paradigm of international law, one that derives its authority from people and their sense of justice rather than relying solely on governments and their institutions.
The Gaza ordeal should awaken the conscience of people worldwide, making them more receptive to civil society initiatives like the tribunal.
By doing so, it acknowledges the complementary role of civil society in educating and mobilising citizens to embrace the view that the future of international law and justice often depends on their direct engagement in current political struggles.
In this way, this populist backstop of morally and legally driven activism has the potential to help humanity meet mounting global challenges effectively and fairly.
The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Eye.
UN Special Rapporteurs on Palestine Talk Truth to Power as Trump Takes Over the US Government
25 Jan‘From Ground Zero: Stories from Gaza’: An Appreciation of the Palestinian People
22 Jan[Prefatory Note: Reflections on the experience of seeing an unusual film in conception, initially published on January 20, 2025 in CounterPunch, and movingly transparent as a cinema experience.]
This extraordinary film, on the 2024 Oscar shortlist for documentaries, consists of 22 episodes stitched together by the noted Palestinian film director, Rashid Masharawi, but without any apparent effort to curate a narrative experience of the Gaza ordeal now in its 15th month. The power of the film taken as a whole derives from the cumulative impact of the utterly helpless and vulnerable Gaza civilian population seeking to survive despite overwhelming challenges to safety and pervasive loss of loved ones, home, neighborhood, schools, and sacred/historical sites in the overcrowded tiny Gaza Strip [25 miles long, 3.7-7.5 miles wide, population estimate of 2.3 million]. The various episodes both express the distinctiveness of Palestinian lived culture, its rich historical heritage, and the universality of a devastating saga of prolonged victimization.
I read through a series of admiring reviews that stressed these features of Palestinian resilience and creativity in the face of this cruel, undeserved collective fate. None of the episodes delves into the history of Palestinian suffering brought on by the Zionist Project for over a century. Nor is there any explicit linkage of the Gaza ordeal to the pathological geopolitics of the US-led supposed bastions of liberal democracy with its constitutional façade of fidelity to the rule of law and the international protection of human rights. From a cinematic perspective this purifies the message of bravery in the face of suffering, the existential variations of such an experience that has the potential to inspire remarkable acts of memorialization and transcendent behavior, as by making artworks from shards of glass or chunks of rubble.
These silences inevitably raise such questions as ‘Was this foreclosure of response a pragmatic adjustment to market realities, well-grounded fears of ideological suppression if the film had dared to examine even glancingly the underlying political impetus, the genocide of the perpetrators, the context of the October 7 attack, and the systemic disregard of law and morality by leading political actors? As it is, the film is being shown widely in American theaters, received accolades from reviewers, and much deserved attention from film festivals, even honored by nominations for coveted cinema awards. It seems fair to conjecture that this desirable outcome would not have happened had the Palestinians expressed anger directed at the sources of their misery. What we may never know was whether this set of foreclosure were set forth and monitored by the curator to make the film suitable for Western audiences in North America and Europe or whether this represented his aesthetic judgment to keep a steady universalizing focus on a dire humanitarian tragedy, somewhat mitigated by the courage and inner spirit of its victims. In sum, to consider effects of genocide rather than crime and its perpetrators.
At least in my review of mainstream film critics there was no commentary on this question of boundaries, whether consciously or not imposed on these 22 Gaza filmmakers. I left the theater struck by the failure of any of the characters to mention the words ‘genocide,’ ‘Israel,’ ‘Zionism,’ ‘United States,’ ‘United Nations,’ ‘international law,’ and ‘International Court of Justice.’ It should be mentioned that there was also no mention of ‘Hamas,’ ‘terrorism,’ and ‘hostages.’ This raises the question as to whether the absence of such references represented an effort by to adopt a posture of apolitical neutrality either for aesthetic or pragmatic reasons. We may never know, and would the motives of the curator be important beyond its human interest relevance? At the same time, I find it unacceptable to hide the evil of genocide behind a ‘two sides’ political smokescreen that equates the crimes of the oppressor with the criminal excesses of resistance on the part of the oppressed. The film completely avoids even a hint of some kind of implied parity of responsibility for the suffering inflicted on the people of Gaza.
From Ground Zero also steers clear of evoking our pity in frontal ways by showing hospital scenes of amputation or severe injury, which of course abound in Gaza alongside the daily death toll. From my own previous visits to Gaza where I was exposed to such visible torments, I know the power exerted by direct contact with such victims. I shall never forget the imprint left after many years of seeing a distraught father carrying his bleeding and badly wounded young son in his arms while shouting angrily in Arabic. I didn’t understand the words, but the sentiments he was expressing were transparent, and needed no translation. This conscious or unconscious decision to exclude such material from the film may have lessened its immediate impact, but it deepened the longer term understanding of the underlying humanitarian ordeal being endured by the Palestinian people.
The closest the film comes to making political allusions is put in the mouth of an engaging puppet who voices a damning indictment in one of the latter episodes, “everything is gone and the world just watches.’ There are also brief isolated references to the Nakba and the coerced expulsions from their homeland that at least 700,000 Palestinians experienced in 1948, and have ever since lived as refugees being unlawfully denied by Israel any right to return. These references express the deep roots of Palestinian suffering, but without pointing an accusing finger, and will likely be noticed at all except by those non-Palestinian viewers that have followed Palestinian misery through the decades. While for Palestinians those allusions to the past likely serve as grim reminders of familiar realities.
On balance I applaud the rendering of the Palestinian experience in this authenticating and original manner. It is itself a triumph of the Palestinian imagination over the daily torments that have become a reality of their lives 24/7.
It is not only the unbearable losses of family and home, but the menacing nightly sound of nearby explosions and the constant noise of drones overhead. The episodes are uniform in exposing the total vulnerability of the Palestinians and the disregard of the limits set by international law and morality made far worse by deliberately imposing a desperate struggle for subsistence arising from the obstructing the delivery of humanitarian aid causing death and disease throughout the wretched tent cities in which Gazans have been forced to live since the destruction of their homes. The daily life of searching for food and drinkable water are only available, if at all, at sub-
subsistence levels.
Of course, I hope that From Ground Zero receives an Oscar at the Academy Awards night coming soon.
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EDUCATING FOR ADAPTIVE CHANGE BENEATH A DARKENING SKY
9 Dec[Prefatory Note: This is a revised text of my presentation at the 4th Istanbul Education Summit made on December 7, 2024, held under the auspices of the Maarif Foundation in Turkey that is responsible for a network of schools and universities present in 134 countries. About 11k were registered online for the conference. I found it difficult to address in what was listed in the program as the ‘keynote’ to such an unseen, large, disparate audience. The conference theme was ‘Education for a Fair and Equitable Society: For a Sustainable Future.’
As a result, my remarks were overly rooted in my experience in Western, especially US, higher education and exhibited broader interests in lending support to efforts to ground foreign policy on respect for international law, itself flawed, and the imperatives of peace, equity, justice, and non-theocratic spirituality. Despite my faltering efforts, educational reform should be near the top of the policy agenda of those seeking a brighter future for humanity, which can only come into being by trusting the imagination to overcome the disasters attributable to reason-based instrumental knowledge that lacks compassion for suffering, including of non-human species.]
EDUCATING FOR ADAPTIVE CHANGE BENEATH DARKENING SKIES
I thank the Maarif Foundation for inviting me to speak at the 4th Istanbul Education Summit and for orienting our sense of vocation as educators toward a future that will test the capacities of every national society to address the distinctive blend of social, economic, cultural and ecological threats that currently cast dark shadows over the human future. I will do my best to adopt a hopeful standpoint, although my rational self believes the conference theme is probably articulating a mission impossible. Such rationality accepts guidance from the evidence of world conditions combined limits on the autonomy of many educators, faculty and administrators, and even students to heed their ‘better angels.’
My more inspirational guidance is borrowed from Nelson Mandela, whose life embodied ‘the politics of impossibility’ emerging from prison after 27 years to lead South Africa to a peaceful post-apartheid future. In Nelson Mandela’s judgment: “Education is the most powerful weapon which you can use to change the world.” This uplifting affirmation of the importance of education by Mandela leaves open the haunting question of how this may be done in the highly diverse academic institutions responsible for education throughout the world. It also leaves open the question of ‘change for what?’ While acknowledging obstacles, my answer to such questions is the same as those who set the 2024 Summit theme in relation to societal equity and developmental sustainability.
In facing the darkness of the time, highlighted by the inability of the international system of norms present in the UN Charter and the refusal of leading political actors to take steps to stop Israel’s genocide in Gaza, and even worse these UN members facilitated the continuation of the Genocide carried on with undiminished fury by Israel these past 14 months. It would be easy to succumb to despair given such a horrifying reality. We must struggle against all temptations and pressures to surrender to these evil forces. My hopeful sensibility continues to believe that if we can find the techniques and deploy the wisdom to manage prudently and empathetically this time of global transition a bright future could surprise us. We need to act as if the mobilized humanistic energies of civil society and the peoples of the world retain an ability to bestow on coming generations a world far more peaceful, just, and resilient than what currently exists. This is a challenge of global scope. It presupposes robust responses to mounting threats to the sustainability of the natural habitat. This condition of ecological jeopardy is new. It a worrisome set of circumstances that have never in world history menaced the whole of humanity. A scenario of hope calls for new thinking, new values, and adaptive visions of how to live together in ecologically durable and ethically fulfilling ways. It place trust in the moral imagination of the populace, and doubts the competence or good will of self-interested economic and political elites that run the world we all live in.
For us today, however situated we are on the planet, this current crisis agenda raises crucial questions about the nature of desired effects on the educational experience of youth. The practical concern is whether it is feasible to adapt teaching/learning approaches in various concrete circumstances that give priority to overcoming the injustices and environmental crimes that now obscure horizons of hope.
For education to play this emancipatory role, existing framework of learning, researching, and envisioning is itself in need of radical repair. The objective is to make the range of educational experiences more responsive to the values of an equitable society and the adjustments that need to be made to ensure the pervasive inclusion of sustainability dimensions in all pedagogical settings.
The deepest educational responsibility and opportunity is to prepare students of ages to live in a world facing drastic change and profound challenges to traditional ways of knowing, believing, and acting. This goes against the current of mainstream proposals for educational reform, which devote their attention to techniques helpful for the efficient manipulation of material reality for the sake of profits, growth, and contentment. Such an emphasis suggests that the highest educational priority should clearly be to teach skills and understandings appropriate to the digital age, and making digital literacy the test of whether educational institutions can pass the test of imparting digital literacy. While practically responsive to changes brought about by technological innovations, this emphasis evades the more fundamental challenges that might help society withstand the gathering storm.
In my opinion, what is most needed are types of learning that equip students when they finish their education to be positive contributors to a better future by way of their social engagements relating to the future. This means no longer being content to be passive spectators in a world they have been led to believe is beyond their capacity or disposition to alter. For education to be relevant functionally and normatively, there is a need for receptivity to innovative pedagogies that might be developed and applied so that citizens of the future could more become committed to a lifetime of support for adaptive change.
The Global Context. All forms of traditional education that I am familiar with, starting with high school, concentrates its energies on the mastery of distinct subject matters. I mean by these separated silos of knowledge such as math, various sciences, economics, history, and literature. Such an education seeks to prepare students through in depth teaching of various strands of knowledge and skill sets useful for later employment or for a more appreciative humanistic sense of culture, generally emphasizing national or civilizational perspectives. Most teaching takes the natural setting of human activity for granted, there to be exploited for the benefit of various national societies and aggressive commercial entrepreneurs. Such an approach served the modern world quite well until recently. It encouraged a sense of reality and knowledge as fragmented and specialized, the educational goal being gaining command of a knowledge silo, that is, with a distinct part with little relevance accorded to the whole. This orientation tended to be insensitive to the stark reality that societies could no longer safely assume the sustainability of their natural habitat that has allowed individual and collective life to flourish for several centuries without taking notice of externalities such as remote environmental harms. Fragmentation of knowledge also mirrored the global reality as divided into parts, predominantly sovereign states with little sense of responsibility for the stability of other states, and even less for the sustainability of the whole.
Our cultural learning experiences beyond the domains of technical knowledge, by and large nurtures love of country, its history, culture, language along with the distinct ethnicities that give national identities to the sovereign states that we live in. I think these ways of breaking up reality, whether political, societal, or educational are practical accommodations to our experience of living, doing, and being, reflecting the enclosures that shape and condition our lives, especially since the rise of science-oriented approaches to useful knowledge. These enclosures are part of who we are, and should not be rejected, but rather enlarged, merged, and adapted. This expresses the growing need to supplement traditional ideas about the role of higher education as imparting knowledge mostly as specialized and fragmented units. This would adapt the world we are accustomed to inhabit to this broader, growing awareness of wholeness, interactivity and interdependence, as well as otherness. To a much greater extent than in earlier periods of history, what is done in one place impacts elsewhere.
This sense of a global context for human activity underlies recommended partial reorientations of education for the future of the sort envisioned by the Summit theme. It is what I believe will produce more fulfilled lives for present and future generations of students. Hopefully it will also give rise to a social and ethical consciousness in greater harmony with emergent realities and challenges. However much this adaptive approach to education seems persuasive it will if pursued face formidable obstacles, including from special interests that benefit from the existing order and from entrenched beliefs resistant to change. Economic elites often resist equitable and ecological adaptations, whether due to their perceived short-run negative effects on profitability or economic growth as when energy giants oppose environmental protections or regulations of carbon emissions. This opposition is reinforced by the tendency of dominant political classes to oppose changes that displace national security by appeals to human security that is widely regarded as subversive of military spending and societal safety in relation to foreign threats. Nationalist and fundamentalists, whether secular or religious, tend to be protective of beliefs that privilege the part over the whole within as well as without their enclosures. And thus, if we take this Summit theme seriously as generating normative guidelines for educational adaptation it will confront stiff opposition and resistance. Nevertheless, reality has its way of forcing itself upon social consciousness sooner or later, and education helps explain why.
Oddly, perhaps the best way of learning to face a challenging future is to consider the past. From diverse pre-modern ways of being in the world we can learn the importance of living-with-nature, communal identity, and more equitable ways of living together. While from the early modern liberation of law, politics, and ethics we can learn the benefits of emancipation from the tyranny of superstition and certain constraints on educational freedoms deriving especially from institutionalized religion. Modernity brought especially to industrializing societies in the West a sense of progress based on technological and material progress that freed many millions of people from poverty, illiteracy, dangerous work, and short life expectancies enabling more satisfying lives. Modernity led to educational adaptations to meet the needs and beliefs of a science and knowledge-based new order. Similarly, the destructiveness of religious rivalries and its connections with the imperial expansionism of the Global West led to widespread colonialism in the Global South, generating over time nationalist, anti-colonial movements of self-determination and resistance. The point I am trying to make is that the critical study of history helps students realize that the challenges of the present that are now so threatening were always fused in troublesome ways with the life experience of the human species for as long as humans have inhabited the earth. True the emergent future we now face is both radical and novel in substance and scope, expressive of an unmanageable and uniquely dangerous period of history. Current challenges can be made less menacing if tempered by sensitive portrayals of past historical analogues, and the efforts of contemporary storytellers to narrate the dilemmas of change versus tradition over time in human relations and in the broader dynamics of organized society, which is best captured by a dialectical sense of history.
More specifically, we can now ask in this hyper-modern atmosphere, ‘where is this likely to lead society?’ I offer three focal points of the tensions between benevolent and adaptive change as opposed by mal-adaptive forces associated with capitalism and state-centric global self-interested resistance to change: wholeness, fairness, otherness.
—wholeness: the sense that in addition to national, ethnic, religious, cultural, class, and gender identities we are now in need of developing what can be called ‘a human identity’ or ‘a species identity’; what is declared is a condition of mutual dependence when it comes to addressing climate change, biodiversity, ocean resilience, and global security. It is time for civil society to nurture sensitivities associated with citizenship in the world with displacing the positive sides of national citizenship. To surmount and survive we need new patriotisms to the earth and to humanity.
A way of conceiving this abstract issue is to select a concrete instance where global security shifted from a reliance on military superiority to one of bonded interests for even the most hostile confrontations between enemy states.
The use of atomic bombs at the end of World War II against Japanese cities signaled the onset of this break in the dynamics of global security that led to divergent responses: nuclear disarmament and a strong UN; a nuclear arms race; the Cold War ‘balance of terror’ domesticated as ‘mutual deterrence,’ and global governance a oligopoly of the principal nuclear states.
The Great Power structure of global governance with respect to global security given the existence of nuclear weapons is illustrative—it involved the appearance of an equitable treaty bargain in which states not possessing the weapons would give up the right to develop and possess such weaponry. In exchange states possessing the weapons pledged their good faith in the form of a commitment to denuclearize by disarming stages, and accept accompanying abridgements of national sovereignty in the form of intrusive international inspection to verify compliance and detect cheating. This path to a world without nuclear weapons was cynically endorsed by the nuclear weapons states, but in practice treated as a ‘useful fiction,’ operationalizing claimed to be eliminating, that is, the permanent possession and development of nuclear weapons. This geopolitical fakery went unchallenged for more than half a century, to be nominally challenged by a coalition of governments from the Global South, awakened from their long sleep, and putting before the world a treaty in 2021 Treaty of Prohibition of Nuclear Weapons. The three NATO nuclear weapons states expressed their opposition to this denuclearizing inititiative, acknowledging their unconvincing belief that the world was safer if it continued to rely on the guardianship of the weaponry by way of the unregulated deterrence as geopolitically managed.
What has been operationalized over the decades includes discriminatory tolerance and coercive denial of proliferation options to non-nuclear states (compare Israel and Iran) coupled with the refusal of nuclear states to disarm or become transparent about their currently secretive doctrines of nuclear use. This reality reflects living with what I would identify as the primacy of geopolitics. In my language it accepts living indefinitely with negative wholeness. It also entails foregoing the opportunity to build a peace and security system on the basis of positive wholeness that relied on respect for law and morality and recognized that retaining nuclear weapons meant living permanently with the menace of a nuclear war that could occur at any moment, likely destroying all that has been built over the centuries. It also meant weakening the authority of international law by entrapping non-nuclear states in a treaty bargain that they largely kept, while the nuclear states consolidated their control of geopolitics.
Underneath retaining this capability to destroy civilization was the holistic realization that a major war fought with nuclear weapons would destroy not only the warring states but spill its lethal effect over to neutral states, potentially putting modern life on the entire planet at risk. In this sense the negative wholeness of a possible nuclear war remains an abiding danger that has failed to cause sufficient pressure to bring about conditions of positive wholeness. We seem doomed to live indefinitely with the awareness that life under the shadow of nuclear weapons is a catastrophe waiting to happen. Such a prospect has been given a frightening plausibility by recent escalations in the Ukraine War. Ukraine being given permission by the US Government to shoot long-range weaponry deep into Russian territory and Moscow threatening to use nuclear weapons in retaliation against NATO weapons supplying countries. How should educators treat this defining reality of the last 80 years? Or should such a reality be outside what we want young people to learn about? Do we want to shield students from grim features of the present human condition or we have the courage to expose these dangers in ways that include the presentations of ways to surmount such catastrophic threats?
This same logic even more clearly pertains to ecological challenges of our time, most notably climate change. Global warming endangers social wellbeing, even our physical survival, throughout the planet, but it cannot be solved without a strong turn toward positive wholeness, and a cooperative approach that requires sacrifice and commitment. Because ecological challenges are somewhat more openly addressed and acknowledged by the established order, the possibility of education-driven adaptations are greater, offering a variety of teaching, training, and learning given practical relevance in the everyday the everyday encounters with polluted air, poisoned soil, and acidic oceans. This ecological concreteness contrasts with the abstractness of the issues posed by nuclear weaponry.
—Fairness: in addressing ecological challenges it is necessary to induce cooperation among grossly unequal states with respect to responsibility for the buildup of carbon emissions that is the main cause of global warming. Unlike the situation with respect to nuclear weapons there is a consensus among governments that a positive adaptation to climate change requires an unprecedented cooperation in reducing carbon emissions that will only be forthcoming if fairness prevails and the richer, earlier industrialized countries help poorer ones reduce emissions without slowing development. The late developing countries are far less benefitted than the highly developed economies of Europe and North America by industrial development that was dependent fossil fuels and hence, the buildup of emissions than the late developing Global South.
Although this dynamic was largely innocent, it allowed Western industrialization to proceed for many decades without paying the true costs of development. There is an abstract recognition of a vital equity component in an effective policy of ecological adaptation, but little agreement as to how to calculate the level of subsidy and the allocations of amounts to be paid and received. Also more recently developed countries are not willing to accept levels of supervision needed to ensure that the funds received as subsidies were being used to reduce carbon emissions rather than to accelerate industrial development or to enrich corrupt elites in government and the private sector.
Another dimension of the ecological challenge involves preserving tropical rainforests, currently under threat from private developers and ranchers, as in Brazil and elsewhere. These rainforests absorb large quantities of carbon and function as valuable repositories of biodiversity. Here the adaptation issue is quite different than in relation to climate change. It involves encroaching upon the territoriality of sovereign rights to safeguard the global public good. It involves respecting the wholeness of perspective while reconciling constraints with fairness. This leaves space for social conflict and political paralysis that sidetracks adaptive behavior, and increases the watchdog responsibilities of civil society.
—Otherness. Identity politics, both negative and positiv at all levels of social and political consciousness stress and privilege differences and overwhelmingly viewing others with suspicion, hostility, and a sense of rivalry. Only recently has negative otherness been countered by resistance and the assertion positive claims by subjugated others. in world affairs, aligned civilizational identities confront collectivities of otherness. The ultimate expressions of hostile otherness occurs in the context of war, whether giving rise to opposing alliances internationally or to internal struggles or civil wars between adversary formations, typically challenges of social movements to existing elites controlling identity formations be the state.
Samuel Huntington at the end of the Cold War followed by the collapse of the Soviet Union predicted not a peaceful sequel, but rather a new wave of conflict in the form of ‘a clash of civilizations,’ and most specifically, of the Global West against a rising Global Islam situated in the Middle East. Huntington believed the faultlines of post-Cold War conflict would center on securing favorable Western access to energy reserves and upholding the security of Israel against regional identities shaped by resurgent post-colonial identities that sought to exclude the West.
The historical context featured the collapse of the European colonial system which was a form of otherness that involved domination by colonial powers and unabashed subjugation of indigenous populations in the Global South. The apartheid structure of racist domination in South Africa exploiting the black African indigenous majority as the other to the white settler minority is a prime instance of the repression of the other. Ending colonizing and racist otherness has been internationally affirmed in adaptive changes in international law. This positive flow of history that liberated many peoples suffering from abusive forms of othernessvertically arranged in master/slave or white/black hierarchies of domination, but it far from cleared the agenda of negative otherness.
Negative patterns are also evident in societal contexts as exhibited by the hostile othering of deviant life styles as expressed over the centuries by such behavioral patterns as homophobia and xenophobia. Positive patterns of resistance from below are manifest in such slogan as ‘black is beautiful’ or Jews as ‘a chosen people.’
The most extreme form of negative otherness involves the total dehumanization of the other has sadly not disappeared even in the creative centers of hypter-modernity. It has been labeled and outlawed as ‘genocide’ since the Nazi Holocaust a Jew-hating slaughter that featured death camps and mass killing, even extending its lethality beyond ethnicity to gypsies and to left political activists and intellectuals.
We live now at a time where Israel has conducted a genocidal campaign against the entire population of 2.3 million Palestinians living in the Gaza Strip. It recalls a line of poetry from W.H. Auden: “Those to whom evil is done, do evil in return.” It has been proclaimed by Israeli leaders in chillingly forthright language of total dehumanization and operationalized by a daily spectacle of horrifying atrocities. It has repeatedly assaulted the eyes and ears of the peoples of the world in real time, an educative experience made possible by the TV journalism of the digital age. Unfortunately, despite this unavoidable awareness the genocide is continuing and spreading beyond the borders of Gaza in ways that threaten regional war further magnified by global proxy participants.
The UN and the Great Powers have been either unable or unwilling to stop this genocide. Shamelessly, the liberal democracies of the Global West led by the United States along with profit making corporate have refused to exert their leverage to restrain Israel, or hold it to legally permissible action. Instead they have been complicit in direct violation of the Genocide Convention on the Prevention and Punishment of Genocide by lending active support through supplying weaponry, financial assistance, diplomatic support, and even military intelligence. Seen in from a broader civilizational perspective, the governments supportive of Israel are all from the Global West of North America and Europe, although Ireland and Spain have stood apart from the Western consensus. In contrast, the most dedicated support for the Palestinian resistance is from Islamic majority states and political movements, especially Hezbollah and the Houthis. It is a reminder that clashes of civilization and ethnicities are part of the historical present, resulting in instances of genocide in settings other than Gaza, such as Myanmar and Sudan where the dehumanization of the other leads to genocidal politics often intertwined with and obscuring strategic ambitions relating to land and resources.
It is my contention these psychological, political and economic motivational patterns that contradict the premises of positive wholeness, fairness, and positive otherness are indicators of educational failures, reflective of non-adaptive practices, policies, and values, a situation that reinforces the argument for educational reform. I am trying to convince you that these features of our world are dangerously inhibiting adaptation to the ethical, economic, and ecological imperatives of the wellbeing of future generations. Our students deserve to learn how to have useful lives that are responsive to these concerns. There is a folk saying that imparts wisdom: “If it’s not broken don’t fix it.” But there is a secondary insight bearing on the malfunctioning of the global security system and poor capabilities to provide urgently needed stability and sustainability: “If it is badly broken, do everything possible to fix it.” I think there are many fix-it approaches worth pondering in classrooms without presupposing a sophisticated view of the complexities of the contemporary world and its challenges. Let me venture two lines of educational opportunity.
Civic Engagement. It seems clear that the current leadership of both governments and corporations are not positively oriented toward implementing wholeness, fairness, and otherness in creative and ethically meaningful ways. Governments are preoccupied with the pursuit of national interests, with governing performances judged in terms of short-term results when what is most needed is long-term policies. Psychologically important is whether the quality of economic and political life for the national citizenry was being widely regarded as improving. The dominant logic of such styles of governance is to disregard wholeness and to conceive of fairness as a matter of how the national population is being treated. Naturally distancing themselves to varying degrees from alien forms of otherness is treated as though it was a natural element of the human condition. Creative pedagogy would teach a greater appreciation of and contact with others as connected with living and acting effectively in the world.
The corporate outlook, shared with banks and mechanisms of finance, is preoccupied with the profitable manipulation of money and maximizing the growth of GNP. It is not concerned with fair distribution of wealth and income, or with facilitating the costly process of replacing a precarious framework even if its purpose is to enable a sustainable existence. In fact, the prevailing economic logics of both capitalist and socialist orientations is to minimize interferences with profits and economic growth by being adopting various postures of denial with respect to harmful ecological dimensions of this late modernist ethos of efficiency and growth. As such the main justification for modern economic activity is associated with the embedded belief ‘that more and bigger is better,’ eventual for all. Contrary pro-capitalist mythmaking ‘all boats don’t rise,’ especially in the rough waters of competition or monopolistic markets.
The educational opportunity is to present ‘small is beautiful’ views of benevolent political and economic life. Instead of a worldview that instructs us that the world works by reference to win/lose outcome it would be helpful to investigate situations where a win/win approach is viable for all participants. Games and stories that illustrate win/win outcomes could be drawn from history. Ideas of ‘human security’ and ‘common security’ based on a cooperative view of the sort pioneered in regional communities such as European Union or in the elaborate Chinese Road and Belt Project where the rewards of cooperation and mutual benefit mitigate the one-sided patterns exploitation between winners and losers. The costly and menacing militarism of current international relations needs replacing by vastly cheaper, safer, and less destructive frameworks of peace-building and mutual tolerance.
Similar narratives can be developed to support for the Rule of Law as a replacement for the Rule of the Gun. Internationally it can be shown that respect for the constraints of international law frees resources for constructive uses in relation to the demands of fairness as well as to facilitate greater investment in ecological sustainability. If not globsl wholeness, then communities of states acting regionally, can solve common regional problems of security and sustainability and thereby provide the framing of better lives and more benevolent governance during a transition to a condition of true globality. It is almost self-evident that the US would be much better off it is had shaped its foreign policy in conformity with the constraints of international law. Existing global arrangements, including the UN, would work more effectively and much less expensively, leaving increased funds available for sustainability and better lives through a reliance on the guidelines of international law rather than, as has been the practice of Great Powers, by engaging in futile unlawful interventions and destabilizing arms races costing trillions while increasing risks of acute catastrophe. The remarkable rise of China for over the course of the last half century without relying on conquest or exploitation, despite certain deficiencies, offers a model of an extremely successful alternative path. Also instructive would be a comparative study of US and China in relation to these three signposts on a path leading to rational sustainability in the 21st century—wholeness, fairness, otherness. A comparison of the negative treatment of the poor, vulnerable, and internal others (or minorities, refugees, and immigrants victimized by informal hostility and formal discrimination).
A look at the experience of the last several decades would confirm this line of policy reform. It has not yet happened because the established order resists with all the policy instrument and brainwashing propaganda at its disposal. Special interests have been increasing their influence on the behavior of governmental institutions working day and night for higher military budgets and on behalf of profit/growth oriented policies. This critique applies to lucrative arms producers that have a vested interest in exaggerating security threats and the dangers of diverse ideologies or energy giants keep carbon fuels flowing without concern for climate change while suppressing evidence that their activities are causing harm.
Education does have the capacity to shape minds, transform societies, and help discover and explore pathways to a sustainable, just, peaceable, and more enjoyable future. As educators we should commit to making education a catalyst for fairness, equity, and sustainability. In the process nurturing a sense of wholeness and overcome relevant enmities toward otherness.
Citizen Engagement. As suggested, beyond skills lies a broad range of enlightening approaches to learning that can teach us to live adaptively in ways that take due account of 21st century realities. Aside from family influences on opinions and values, as well as the educational tropes of social media habits in the homes and neighborhood of students, the greatest influence resides with charismatic educators in halls of learning if sufficient academic freedom exists for teachers and students to put forward their own ideas and understandings of the unmet requirements of fairness and sustainability communally, nationally, and globally. I am unsure as to whether state propaganda and reactionary monitoring of school curricula and libraries will allow the educational sectors to play positive adaptive roles with popular and institutional encouragement in countries with great variations in state/society relations with respect to formal education. We in the United States are feeling strong pushback in academic life from ultra-right enemies of open minds both in government and well-funded reactionary enclaves in civil societies. The rise of an activist billionaire caste eager to monitor teaching and learning is marginalizing adaptive education
Ideally, education at all levels should prepare students for active societal roles as participants organizing to shape public policy, and not be passive spectators in the face of developments and challenges that threaten their future and that of future generations. Public pressures from below can potentially make political leaders, as well as mainstream media and social media platforms take account of demands for reforms carried out within a more globalist way of interpreting and understanding than what now prevails in most societies, including those that have free elections and independent political parties, but are guided by outmoded gepolitical belief and predatory forms of economic behavior.
In the past, I have argued in favor of an adaptive form of citizenship, what I have labeled as ‘citizen pilgrims,’ drawing on the tradition of pilgrims as those persons among us who are searching based on faith and belief, for a better future. Citizen pilgrims embark on a personal journey that envisages collective transformations responsive to humane values and adaptive imperatives. Can the educational systems around the world be entrusted to go beyond specialized training in useful skills to give students the kind of knowledge and ethical commitment to progressive civic responsibility as the core obligation of citizenship, superseding the minimalism of electoral politics.
Technological Innovation. From an educational perspective of both preparation for a professional career and for benign citizen engagement, it seems essential to prepare students for technological innovations on the horizon. It is obvious that AI will exert a growing influence in all phases of future life in ways that are liberating and patterns that may cause educators and society a bundle of dangerous troubles. In the educational process, the management of immediate access to knowledge that undercuts the value of writing assignments and tests poses fundamental issues that will become more complex as AI is on a trajectory of rapid and continuous improvement. Perhaps, creative educators will rely more on dialogic methods of learning that rest on placing confidence in subjective learning experiences. Robotics is also relevant from the perspective of progress and employment choices and opportunities. There is a need to evolve courses and study programs that take account of job markets and changing societal priorities, as well as the collective challenges.
What educators need to think about is how to create courses assuring that students achieve digital literacy even if they are not inclined to seek a career directly related to such transformative technologies that will strain existing societal ideas of fairness and equity. Beyond this, is the social regulation of innovative technology that endangers safety or has provocative capacities to disrupt cyber security within and among states. In other words, new technologies can also endanger social peace within societies by making many forms of work obsolete, creating labor crises. Technological innovation can also cause havoc in international relations by introducing variants of stealth and remote weaponry, of which attack drones and exploding pagers are illustrative, that can disrupt existing patterns of security. Unlike nuclear weapons, there is no way to control the proliferation of drones. More that 20 years ago, a technologist named Bill Joy wrote a provocative article entitled “Does the Future Need Us?’ In other words, is human ingenuity generating uncontrollable dangers in relation to conflict while rendering most learned skills, and hence jobs, superfluous? It seems that creative and ethical innovations to keep pace with technologies would have to become equally innovative, reinventing roles for body and mind.
Political Realism. Among the obstacles to innovative education is the unconscious consensus among societal elites of ideas and values that are resistant to the prerequisites of adaptive, fair, and sustainable present and future life experiences. These are asserted here as wholeness, fairness, and otherness. Educators might devise courses and readings that include utopian visions of a peaceful, more eqitable, worldwide coexistence of diverse peoples striving for sustainability. In the words of the World Social Forum, ‘another world is possible.’ The ambitious objective of education in this era is to give students confidence that different versions of reconfigured realism need to guide behavior at all levels of decision-making. This alone would make ‘the possible’ become ‘the attainable.’
Conclusions: As stressed, educational endeavors are challenged everywhere but under a variety of diverse conditions involving cultural norms, political structures. economic practices, and spiritual aspirations. Of course, diversities of experience exist within national and civilizational boundaries, as well as within regional and global spheres of human activity with different perceptions of appropriate responses. This will likely give rise to a bewildering variety of responses, not all in keeping with the theme of this Istanbul Educational Summit. Hopefully, some will, and that may embolden others.
Present and prospective concerns associated with excessive fragmentations of identity, technological innovation, unfair distributions of material benefits and career opportunities, non-sustainable patterns of economic development, and out of date political beliefs and practices challenge the diverse missions of education. This atmosphere encourages educational reinterpretation, dialogue, and experimentation. Benevolent pathways to the future will be more likely to be taken if more students are oriented toward the urgencies facing humanity. Silos of learning experience need to be replaced by inter-cultural dialogues and by increasing exchange opportunities for students and faculty so that the world and its problems can be experienced away from homelands.
As is so often the case, the insights of great men and women are fertile sources for those of us who have chosen to be educators at this hour of ferment. Despite these turbulent times of relentless change, Mahatma Gandhi remains a guide for all humanity, whether viewed individually, or as a collective edict: “Learn as if you will live forever; live as if you will die tomorrow.” [as borrowed from Bishnu Patel ]
The ICC Issues Arrest Warrants for Netanyahu and Gallant: Winning the Legitimacy War
24 NovRichard Falk
The ICC delayed the formal issuance of ‘arrest warrants’ for top Israeli
political leaders directing the genocidal assault on Gaza for six months although
it responded affirmatively to a comparable request involving Putin’s alleged criminality in
Ukraine in less than a month after the Russian attack.
Double standards to be sure, yet ICC action is a welcome alternative to either denying the Chief Prosecutor’s recommendation of May 20 or delaying indefinitely to its decision on whether the arrest warrants should be issued. The ruling of ICC Pre-Trial Chamber 1 to issue arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu, and the Minister of Defense, Yoav Gallant, in view of the overwhelming evidence of their responsibility for severe international crimes comes as big news. It is a mighty symbolic blow against geopolitical impunity and in favor of accountability.
If this ICC action is assessed by its ability to sway Israel’s short-term behavior in directions more in accord with international law, as well as to the majority views prevalent in the UN, the Global South, and world public opinion this ICC decision the cynical dismissal of Sub-Changer as ‘an empty gesture.’ Some argue that the tangible impact of arrest warrants, if any, will be to alter Netanyahu’s and Gallant’s future travel plans slightly. The decision obliges the 124 member states of the ICC to carry out arrests of these individuals should they be so bold as to venture onto their territory. Non-parties, including the US, Russia, China, Israel and others are not subject to this enforcement obligation. We should remember that Palestine is a party to the ICC treaty and thus if either Netanyahu or Gallant were to set foot in the Occupied Palestinian Territories of Gaza, West Bank, and East Jerusalem the governmental authority in Ramallah would be legally obliged to make arrests. Yet it would test the bravery of the Palestinian Authority far beyond its past behavior if it dared arrest an Israeli leader, however clear the obligation and no matter how strong the evidence against him. This assessment of tangible effect misses the point of why this is an historically significant development both for the Palestinian struggle and the credibility of the ICC.
Before putting forth an argument as to why this ICC move is a historic step, it seems responsible to acknowledge several important limitations:
–First and foremost, although the Prosecutor’s recommendation to the Sub-Chamber of the ICC was made in May (or eight months after Oct. 8th), it did not include even a mention of ‘genocide’ among the crimes attributed to these two leaders, which is of course the core criminality of the Israeli onslaught, as well as expressive of their role in the enactment of this ultimate international crime;
–Another notable limitation is the long ICC delay between recommending the arrest warrants and Sub-Chamber ruling. This was substantively inexcusable in view of the dire emergency conditions of devastation, famine, and suffering existing in Gaza during this interval, and aggravated by Israel’s obstruction of humanitarian assistance provided by UNRWA and other international aid and humanitarian organization to the Gazan civilian population in desperate need of food, fuel, electricity, potable water, medical supplies, and health workers.
–Also, the ICC decision remains subject to jurisdictional challenge once the arrest order has been finalized. The Nov 20 acceptance of jurisdiction is in a formal sense provisional as Israel’s objection to ICC jurisdictional authority was made prematurely, but can be made without prejudice despite its denial in the future now that the ICC has acted.
–Even in the highly unlikely event that arrests will be made, it is improbable that detention could be implemented, given the US Congressional legislation authorizing the use of force to liberate detainees from ICC captivity if US nationals or the accused as here are nationals of allies. There have been already intimations that some members of the US Senate and House will seek sanctions against the persons of the Chief Prosecutor, Karim Kahn, and the members of the ICC Pre-Trial Chamber. Such initiatives if actualized will further weaken the US reputation as supporter of the Rule of Law in international affairs.
Despite these formidable limitations, this invocation of the procedural authority of the ICC is itself a grim reminder to the world that accountability for international crimes should pertain to all governments and that the evidence against these two Israeli leaders has been assessed by objective and professionally qualified experts under the auspices of an international institution that is empowered by a widely ratified treaty to make a determination on the legal appropriateness of making such a controversial decision.
The ICC like the ICJ has no independent enforcement capability other than compliance by member states, but because the ICC is not part of the UN it at least are rendered, unlike the ICJ without being subject for enforcement to a right of veto that has paralyzed the UN Security Council throughout this period of Gaza violence. This does not mean that implementation will follow or that prosecution will go forward much less that future findings of guilt will be respected, in the event that they occur, as the older more venerable ICJ has found out to its dismay since its establishment in 1945. But both the ICC and ICJ in their judicial proceeding are formally free from ‘the primacy of geopolitics’ that so often overrides the relevance of international law or the UN Charter in other non-judicial venues.
An outcome of the sort that the ICC reached regarding the arrest warrants is a direct and authoritative application of international law, and in that sense produces no counter-arguments but it is subject to crude denunciations. Netanyahu calls the ICC ruling ‘absurd’ and a manifestation of antisemitism, while the American lame duck president, Joe Biden, has called the issuance of these arrest warrants as ‘outrageous’ but never tells the world why. This kind of verbal Israeli lashing of the ICC has in the past been directed at the UN itself in response to criticism of its policies in the Occupied Palestinian Territories.
The lasting and redeeming significance of the issuance of the arrest warrants is to help Palestine win the ‘legitimacy war’ being waged to control the high ground of law, morality, and public discourse. Political realists that continue to dominate foreign policy elites in important states dismiss international law and normative considerations in global security and geopolitically inflamed settings as a misleading distraction to interactions that are best guided, and in any event will be determined by the interplay of military force.
Such thinking overlooks the reverse experience of all anti-colonial wars in the prior century that were won by the weaker side militarily. The US should have learned this lesson in the Vietnam War in which it dominated air, sea, and land battlefields and yet lost the war. The weaker side militarily prevailed, that is, it prevailed in the legitimacy war, which more often than not has controlled the political outcomes since 1945 in internal conflicts waged around issues of national and ideological identity of sovereign states. These outcomes reflect the decline in the historical agency of militarism even in the face of many seemingly breakthrough technological innovations in warfare on the part of aggressor states.
For this reason, yet mainly without this line of analysis, more and more close observers have come to the surprising conclusion that Israel has already lost the war, and in the process endangered its future security and prosperity, and possibly even its existence. In the end Palestinian resistance may achieve victory despite paying an unspeakable price exacted by such a horrifying genocidal assault. If this outcome comes to pass, one of the international factors that will be given attention is this ICC Sub-Chamber unanimous decision to issue arrest warrants against Netanyahu and Gallant. In this defining sense the frustrations with implementation of these arrest warrants are not the end of the story, but
are part of a larger historically unfolding narrative of ‘hope against hope.’ ##
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My 94th Birthday amid rubble and precious life
15 Nov[Prefatory Note: my poem on navigating the narrowing channel
Between personal happiness and public gloom.]
My 94th Birthday amid rubble and precious life
1.Demons Prowling
For these last years I felt
It was strange to be still alive
When so many around me were dead
Stranger still to stay young within
To receive and give love
While the planet burns
And untamed demons prowl
Plunging the world into total darkness
It seems even
The night sky shares the gloom of earth
Even the stars retreat as if on strike
Against demon stalkers of the night
Prowling about their mansions of deceit
Trampling upon their manicured gardens
Hatefully howling in the darkness
Until the only safe comfort zones
Were hidden distant in the galaxy
II. Precious Living
Yet despite the carnage
Roses bloom guarded by thorns
Gardenias retain their addictive aroma
A glorious bestowal of nature’s blessings
And yet we complain that it is not enough
Indulging our pure greed always wanting more
Yet our private and inner life eludes the grasp
Of beasts of prey and demons of the night
The joys of loving and being loved never age
Rather grow old together gathering wisdom
Year by year accepting and affirming what remains
What is lost as long as your love and presence
Resists abandonment, partners to the end
As long as the radiance of love infuses our lives
As long as the lives and legacies of our children
As long as this sturdy light of my life stays bright
Bringing tears of delight of love’s deepest roots
Through time and emotional memories
Good and bad playful ironic serious
That long we know we are still alive
To what always matters most up close
III. Jackal Dominion
Always darkness and light merge
At dawn and dusk never diverge
Almost as certain as death itself
Birds and cats know more than we
About the movements of earth and sky
Those blessed companions, therapists
Of the soul, minions of the heart
Until now spared from vengeful jackals
In control now our public destiny
Each day the shrouded bodies of babies
Subverts our sacred longing for serenity
With shrieks of horror by those left alive
While those others the jackals
Dare speak to us with gruesome clarity
Of unabashed evil means and ends
Yet they are there and we are here
For us living fearfully at a distance
Nothing worse is yet happening to me
Than nightly disturbances of sleep
But tomorrow a servant of the jackals
May knock hard on our door bringing
The news that that there is no more there
IV. Cry Freedom!
When slaves break their chains
And patriots of the earth become
Warriors gardeners poets engaging
In a fight worth winning for the sake
Of those we love and learn from
So long as the trusted soul breathes its light
While the body is busy with the work of dying
Life remains a precious gift of the god
Richard Falk
Santa Barbara, California
November 13, 2024
