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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

Richard Falk

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 Nov

Richard 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.’ ##

.

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

What Can Iran & Palestine Expect from the US Presidential Elections?

23 Oct

[Prefatory Note: The following interview is in responses to questions addressed.to me by Kayhan New Agency in Iran. It is focused on an interpretation of how the forthcoming American elections are likely to affect Iran, and the policies toward the current  combat zone involving Gaza, the West Bank, and Lebanon. X/0]

Kayhan Interview.   10/9/24

1-What impact does the U.S. election have on the Middle East (Israel-Palestine-Iran)?

Unless Trump is elected, which seems now shamelessly plausible, I see no prospect of change. If Trump is elected, he is more likely to encourage Israel to escalate tensions with Iran by way of an all-out military attack on Gaza and Iran, encouraging the use of a 30k blockbuster bomb and even a missile with a nuclear warhead directed at Iran’s nuclear facilities.

There are also dangers of such a scenario unfolding if Harris are elected, but somewhat less so. It could be brought about by the Netanyahu government exerting provocative pressures by way of alleged intelligence reports that Iran poses an existential threat to Israeli security and currently possesses nuclear weapons or is close to crossing that red line.

It may be that Iran’s conduct in the aftermath of the elections held on 5 November will have some effect in either calming or. agitating bellicose impulses. If the new President of Iran makes a determined diplomatic effort in the region, possibly centered on cultivating positive relations with Turkey, Egypt, and Saudi Arabia, it could alter Israel’s calculations, but nothing is certain and nothing should be taken for granted or assumed. 

2-The effects of current events in the Middle East on the American elections?

Recent developments in the Middle East, especially the Gaza genocide and the expansion of the Gaza combat zone to the West Bank in Israel and to neighboring countries including Lebanon, Iran, Syria, Iraq, and Yemen are having very little impact on the American election, except for the Muslim-American minority and a small group of progressive individuals, including especially younger Jews. However, this numerically small

number compared to the size of the national voting public it could have an impact greater than one would expect because of its influence in battleground states. This reflects the concentration of Muslim-Americans is parts of the country where the electoral competition is very close, and the failure of these normally pro-Democratic voters to support Harris are strengthening Republican prospects, and hence heightening prospects for a Trump victory. The American electoral system is such that the winner is not chosen by the candidate with the most votes, but by a complex weighted system that gives each state, based on population a certain number of votes, which are so allocated as to give advantages to rural and small states where Trump is most popular.

3-Why student protests have been silenced in America and we dont see any protests in universities?

These protests have not yet been completely ‘silenced’ but certainly have been the targets of pressure from administrators of higher education and the Zionist, pro-Israeli, networks of influence.

Major donors to universities throughout the country with strong Israeli sympathies and ties have exerted their influence, usually hidden from public view. Israeli influence with American political elites is strong within the government and strong private sector lobbies (including military industries, energy). Students and faculty are intimidated, with pro-Palestinian activism leading to negative impacts on their career prospects. At the same time these protest sentiments remain strong among the more educated youth of America, although apparently dormant in the immediate period ahead. It would not be a surprise if a progressive movement outside the two-party system emerges in the near future, and becomes a real force in American political life.

4-Western countries state that the attack by Hamas on October 7 was a violation of human rights laws; Do you think the behavior of the Palestinians was a violation of the law?

Even after a year it remains difficult to have an accurate description of the events on October 7. There needs to be a trustworthy international investigation and report, although this will be opposed by Israel, and without such clarification it will be difficult to make a reliable assessment.

On the basis of what we know or are tole, it is the judgment of the most objective international law experts that Hamas had a right of resistance against an abusive and unlawful occupation of Gaza that had persisted since it was occupied in course of the 1967 War, but that atrocities committed during the attack should be considered legally prohibited, and the perpetrators held accountable. The Prosecutor of the International Criminal Court recommended to a Sub-Chamber of the ICC that ‘arrest warrants’ be issued for three Hamas leaders on the basis of this legal reasoning, and also for Israeli leaders on a similar basis in the course of their retaliatory onslaught.

My own view accepts the obligation of claimants of a right of resistance, regardless of how strong their entitlement to resist, to comply with the laws of war and international human rights law with respect to the deliberate killing of women and children. Hamas culpability this regard is minor if compared to the magnitude and severity of Israel’s genocidal response, but still criminal.

The division in the world between Palestinian and Israeli supportive governments and political movements exhibits the civilizational dimension of Middle East conflict zone that follows a conflict pattern of the West against Islamic societies. This recalls Samuel Huntington’s 1993 prediction that after the Cold War that there would not be peace, but ‘a clash of civilizations’ situated along the fault lines separating the West from various geographies of the Islamic non-West.  

5-What is your opinion about Iran’s attack on Israel and was it Iran’s right to attack Israel?

I am not familiar with the scale, targeting, damage, and details, but Israel had repeatedly provocatively attacked Iran previously without being itself attacked first, recently most strikingly by its assassination of the Hamas leader, Issmail Haniyeh, while he was visiting Iran to attend the inauguration of Massoud Pezeshkian as the new president. Iran certainly had a reprisal right, although the law of the Charter creates some ambiguity limiting international uses of forces to situation of self-defense against a prior armed attack (see UN Charter, Article 2(4), 51). Yet since many countries have claimed such a retaliatory right of reprisal it seems persuasive to argue that the Charter has been superseded by international practice, and the applicable tests of legality are related to such customary norms as proportionality, discrimination (as to targeting), and humanity (as to civilian innocence).

6-Why, despite the widespread protests in the United States? However, the United States still provides massive financial and military aid to Israel?

On the Middle East agenda, the US government is not being responsive to the people. The latter favor by a sizable majority a permanent ceasefire and a more balanced overall US approach to Israel and Palestine. Yet, the special interests associated with military sales and the policy goals of pro-Israeli lobbying organizations, especially AIPAC, are being accommodated by political elites in the US, and in most European countries.

The US situation is one where the pro-Israeli influence on politics is not balanced by pro-Palestinian influence in the venues of governmental authority (Congress, Presidency), which means that politicians have nothing to gain, and much to lose, if they are sympathetic to Palestinian grievances. Israel has effectively manipulated Diaspora Jews to make strong unconditional commitments to Israel financially and politically. Finally, the Holocaust and antisemitism continue to be deployed to punish those who go out of line by supporting Palestine or Iran.

7-What do you think about Iran’s behavior in supporting Palestine and Lebanon?

If you have any comments or suggestions. opinion, please write to us

I think such support as Iran has given, which is not known with any precision, is far less than what Israel and its Arab friends have received, and is thus legitimate as a reasonable

balancing involvement. Beyond this, by supporting Lebanon and the Palestinian struggle Iran is on the right side of history and of morality, while the US and the former coloniall powers of Europe are supporting the prime instance of 21st Century ‘settler colonialism’ and it genocidal disposition of the majority native population.

Empowering the UN, Disempowering Militarist Geopolitics

22 Oct

[Prefatory Note: I post a review of the recently published Liberating the United Nations: Realism with Hope appearing in Foreign Affairs, the most influential journal for mainstream foreign policy analysia. The book was written by Hans von Sponeck, former Assistant Secretary General of the UN, and myself, and published by Stanford University Press a few weeks ago. The title given to this generally positive review essay of our book is deeply misleading. It not a matter of ‘saving the UN’ but of empowering the UN to fulfill its originall missions of war prevention and global security, and overcoming those aspects of its identity that gave instututional hegemony to the winners of World War II; thus we would entitle a review ‘Can Humanity be Saved Through the UN’?]

]


Can the United Nations Be Saved? | Foreign Affairs

https://www.google.com/url?rct=j&sa=t&url=https://www.foreignaffairs.com/reviews/can-united-nations-be-saved-myint-u&ct=ga&cd=CAEYACoTODc0ODYzODQ1NDUzNjg5Njc4NTIaZjQ5YmM2YjQxMzJmNTkwYzpjb206ZW46VVM&usg=AOvVaw0gjatjC6xqgYtwNw5xo2G9

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Review Essay

Can the United Nations Be Saved?

The Case for Getting Back to Basics

By Thant Myint-U

November/December 2024Published on Sign in and save to read laterPrint this articleSend by emailShare on TwitterShare on FacebookShare on LinkedInGet a linkPage urlRequest Reprint Permissions

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The quest to fix the United Nations is almost as old as the organization itself. Eighty years ago, Allied leaders imagined a postwar order in which the great powers would together safeguard a permanent peace. The Security Council, dominated by its five veto-wielding members—the United States, the Soviet Union, the United Kingdom, France, and China—reflected the world as it was. Other, less hierarchical parts of the new UN system were meant to foster international cooperation across a host of issues: the global economy, public health, agriculture, education. The seeds of a future planetary government were evident from the start.

The UN was initially conceived as a military alliance, but that objective became impossible with the onset of the Cold War. Many observers predicted an early death for the UN. But the organization survived and was soon reenergized, fashioning aims that its founders never imagined, such as peacekeeping. Its secretary-general became a figure on the global stage as the world’s preeminent diplomat, jetting off to war zones to negotiate cease-fires. Specialized agencies under the UN, such as its Educational, Scientific and Cultural Organization (UNESCO), and a raft of new technical assistance programs spread their wings. For some officials, scholars, and activists both within and outside the UN, a hopeful vision of global government persisted.

The American legal scholar Richard Falk and the former German diplomat Hans von Sponeck are clearly in the camp of those who would like to see a far stronger UN. In Liberating the United Nations, they make the case for an organization that can deal effectively with the slew of challenges facing the world today, from climate change to nuclear proliferation. They see no alternative. At the same time, they bemoan the UN’s current dysfunctional state and its increasing marginalization from the major issues of the day. The global body, they say, “is more needed than ever before and yet less relevant as a political actor than at any time since its establishment in 1945.”

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The authors provide a detailed overview of the UN’s complex structures and multifaceted undertakings and make a spirited attempt to convince readers that a renewed investment in the organization is the best possible path to a better future. They offer a worthy vision of an ideal global body, imagining, for example, a reformed Security Council linked with civil society organizations from around the world. Their prescriptions, however, do not fully account for challenges to the UN’s legitimacy and standing. Given today’s realities, those who believe in the enduring importance of the UN should not seek to make the institution all things to all people but should instead adopt a laser-like focus on strengthening the organization’s most fundamental function: preventing war.

THE GOOD OLD DAYS

In Falk and von Sponeck’s telling, the UN has demonstrated considerable innovation, even during the Cold War, despite the constraints of that era’s superpower rivalry. This was especially true under Dag Hammarskjold, who served as secretary-general from 1953 until his death, in 1961, and pioneered new forms of preventive diplomacy. The speedy deployment of blue-helmeted UN peacekeepers during the Suez crisis in 1956 was a prime example of this early creativity.

By the 1990s, with the Cold War over and Moscow’s veto no longer a hindrance to American primacy, the UN expanded its peacekeeping operations, which proved successful in places as far from the seats of power as El Salvador and East Timor. The organization also became an intellectual leader—it crafted, for example, the notion of human development as a counterbalance to the simple metric of per capita GDP.

For Falk and von Sponeck, this was also a period of lost opportunity, as the United States focused its energies on consolidating a new international regime favorable to global capitalism rather than on building the foundation of a UN-centered world government. A series of peacekeeping failures, from Bosnia to Rwanda, colored the lead-up to the turn of the century, by which time the world’s post–Cold War enthusiasm for the UN had largely dissipated. The American invasion of Iraq without UN authorization marked a new low point for the organization, demonstrating its impotence in the wake of great-power aggression. Today, Falk and von Sponeck say, in the face of a “dysfunctional ultra-nationalist backlash,” the organization is hobbled even more and has little political support for much-needed amendments to the UN Charter, such as reforming the composition of the Security Council.

The quest to fix the United Nations is almost as old as the organization itself.

There are problems with the book’s history. For example, the authors mistakenly describe the crisis in the Republic of the Congo, which drew in the UN in 1960, as being caused principally by “tribal conflicts and ethnic regionalism,” when it was very much about attempts by white supremacists to maintain their dominance over Congo—in particular, its vast mineral riches—after the country won independence from Belgium. The authors are also mistaken in suggesting that Hammarskjold supported what they oddly describe as Congolese Prime Minister Patrice Lumumba’s “radical economic nationalism.” The two men were famously at odds, and at least a few of Hammarskjold’s aides, if not the secretary-general himself, were complicit in Lumumba’s overthrow in 1960.

Far more important, however, is what’s missing from the authors’ account. For nearly all the peoples of Africa and Asia, the history of the twentieth century was first and foremost a history of empire and their long fights for freedom. Over the late 1950s and early 1960s, representatives from newly independent nations—the “Afro-Asians,” as they called themselves—transformed the UN, bringing it to the height of its ambition and vigor. The UN was the mechanism through which they asserted their hard-won independence and shaped and protected their sovereignty. For them, Congo was a test of whether white supremacy would be a mainstay of the postcolonial world.

Falk and von Sponeck correctly mention the critical role played by the UN from its very beginning in the struggle against racism globally and against the apartheid regime in South Africa in particular. But they are incorrect in suggesting that non-Western governments were more interested in the development of a fairer world economy than in the prevention of war. For the Afro-Asians, peace, development, and the realization of human rights were interdependent parts of a bigger project of equality after empire.

The Afro-Asians embraced the UN. In 1961, they were instrumental in the appointment of one of their own to secretary-general: the Burmese diplomat U Thant (my grandfather). In 1962, Thant, working closely with other Afro-Asian leaders, played a pivotal role (which is lost in most narratives) in the de-escalation of the Cuban missile crisis. His mediation efforts between U.S. President John F. Kennedy, Soviet Premier Nikita Khrushchev, and the Cuban revolutionary Fidel Castro marked the apex of the organization’s work in war prevention. While the Security Council was often deadlocked, the secretary-general and his team of mediators were more active than ever across a variety of conflicts, from Cyprus and India to Pakistan and Vietnam. The UN’s record of peacemaking endeavors, which were intimately linked to the ascendancy of what was then called the “Third World” majority, is absent from the book.

REFORM AND REALITY

Liberating the United Nations includes a deep dive into the authors’ own experiences in the organization. Falk, for many decades a professor of international law at Princeton University, was in the early 2010s the UN’s special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. Von Sponeck, a career international public servant, was the UN’s humanitarian coordinator in Iraq in the late 1990s; he resigned in protest over the harm that sanctions did to Iraqi civilians. Both demonstrate the many ways in which their efforts were thwarted by geopolitics—that is, the interests of the United States and other powerful governments. Behind their accounts is the central tension in the book: on the one hand, the authors’ desire to see the UN become a kind of global government and, on the other, the political currents frustrating this aim.

Falk and von Sponeck are “puzzled” by the inability of the UN to “gain the political traction needed” to make itself the effective tool for peace that they believe it can be. They contend that over the decades, despite herculean obstacles, the UN has proved itself an “indispensable feature of a sustainable and positive world order.” With more funding, “as well as greater forbearance by geopolitical actors and more appreciation by member governments, civil societies, and the media,” the world body could again scale new heights.

The obstacle, as they see it, is an “outmoded form of ‘political realism’” that “will require an ideological struggle” to overcome. Governments are trapped in their own geopolitical calculations and do not appreciate that the only answer to today’s global challenges is a reformed UN at the heart of vigorous global cooperation. For this to happen, they call for a “progressive transnational movement of peoples,” one “strong enough to exert a benevolent influence on governmental and international institutional practices.” Only with this kind of groundswell will the UN be able to address “such basic structural problems as predatory capitalism, global militarism, and ecological unsustainability.”

The authors are certainly right that the UN has not only survived but succeeded in a number of sectors and settings. It has produced a body of international law unprecedented in history. Its humanitarian agencies would be difficult to replace. In the event of another pandemic, only the World Health Organization, for all its flaws, could coordinate a truly global response.

With more funding, the UN could again scale new heights.

Falk and von Sponeck place front and center the need to update the composition of a Security Council that is still locked in a World War II–era constellation. There are few, if any, good arguments for denying countries such as India a position at least on par with that of the United Kingdom or for denying non-Western states greater representation more generally. In recent decades, the story of the Security Council has been of a body dominated by five rich countries deliberating conflicts in low-income countries. The unrepresentative composition of the five permanent members leads to a host of inequities, such as the biased appointments of senior officials, that run through the UN system. It is easy to see why enthusiasm for the UN in much of the world has steadily declined.

But any effort to fix the UN today will run against immense political headwinds. It’s nearly impossible to imagine a package of changes to the Security Council’s membership that could win support among its current permanent members. It’s also unclear that any change to the composition of the Security Council, however salutary to the UN’s legitimacy, would improve the organization’s effectiveness. The only result may be new kinds of deadlock (albeit with perhaps more interesting debates).

There’s also a more basic challenge: the plethora of alternative avenues for governments to pursue their interests, including bilateral agreements; regional organizations, such as NATO; and forums, such as the G-20. The UN’s headquarters, in New York, was once the only place in the world where representatives of many countries could meet. There were few other summits. Over the late 1950s and early 1960s, the annual General Assembly meetings stood at the very center of global politics, with everyone from Kennedyto Khrushchev to anticolonial revolutionaries, among them Ghanaian President Kwame Nkrumah and Egyptian President Gamal Abdel Nasser, all playing their larger-than-life roles in a dramatic theater that gripped the planet.

Falk and von Sponeck conclude that U.S. unilateralism is what has been constraining the UN, with Washington unwilling to invest in the organization’s renewal. But surely, it is not only the United States that seeks to act outside the UN. For smaller states, the UN may be the one arena where they have an equal seat at the table. But for others, such as the rising middle powers of the world, there’s an ever-increasing menu of options.

MISSION: POSSIBLE

There’s a deeper challenge still: the nature of the UN itself. Over the decades, the UN has developed its own culture, language, and ways of working—invaluable products of the only attempt ever to build an institution that involves all humanity. But it has long been addicted to process over outcome. The organization’s built-in need to reflect everyone’s views, in every paragraph of every text—in a staff circular as in a General Assembly resolution—too often strips away meaning and value from even its best-intentioned efforts.

The manner in which the UN manages its people is another vexing issue. The organization includes legions of public servants, including aid workers and peacekeepers, who are dedicated to its lofty principles and perform heroically, often under the most trying circumstances. But few of them have benefited from good management. The most capable are rarely recognized for their skill and sacrifice. Governments, especially the great powers, insist on their own (often unqualified) nominees for the top jobs, creating a perversion at the heart of the system that undermines morale, as well as efficiency. An effective UN needs at its core a highly motivated civil service staffed by the most qualified women and men from around the world. It’s an area of reform that receives almost no attention.

The default scenario is one in which an unreformed or slightly reformed UN continues evolving a smorgasbord of functions—protecting refugees, facilitating climate change negotiations, providing development assistance—doing well in some areas and less so in others. Its conferences, even if they do not necessarily solve global problems, keep alive dialogue on global issues, at times providing a platform for an array of international civil society organizations. The trouble with this status quo scenario is that by spreading itself thin, the organization is distracting itself from its main purpose of preventing war.

For the foreseeable future, the Security Council, the main body responsible for international peace and security, will likely remain unable to address the primary threats of the day, among them the Russian invasion of Ukraine, conflicts in the Middle East, and disputes over Taiwan and territories in the South China Sea. Superpower tensions within the Security Council are nothing new—but they need not stand in the way of preventive diplomacy and mediation. Hammarskjold and Thant’s most important peacemaking achievements took place during the Cold War, in the late 1950s and early 1960s. In the late 1980s, the quiet mediation of Secretary-General Javier Pérez de Cuéllar made possible several peace agreements that set the stage for the end of the Cold War itself.

By spreading itself thin, the UN is distracting itself from its main purpose of preventing war.

In the absence of a dynamic, reformed Security Council, the key to future UN success is the secretary-general’s role as the world’s preeminent diplomat. Peace is the primary business of the UN. There are many conflicts that may well be resolved without any UN role. But the past 80 years demonstrate that the secretary-general, an impartial mediator representing a universal body, is at times indispensable. One who is sidelined on the issues of war and peace will have far less influence with which to lead on global challenges such as climate change and development.

The public expects the UN to head efforts to end war. Today, terrible new wars are destroying the lives of millions and raising the threat of nuclear confrontation. It’s a very different time than the 1990s, when all the great powers were content to dispatch peacekeeping operations to end internal conflicts. The world has returned to a period of warfare between states, exactly what the UN was set up to prevent.

Because there is little oxygen for reforming the UN, whatever oxygen exists needs to be deployed efficiently to restore and broaden the secretary-general’s peacemaking role, which can address not only internal conflicts but interstate wars, as well. This will require building a team of experienced in-house mediators who have an intimate knowledge of what the organization can and cannot do. In the past, the UN achieved considerable success through the leadership of officials such as the Nobel laureate Ralph Bunche, who served both Hammarskjold and Thant and was instrumental in dozens of peace efforts around the world.

In this dangerous and uncertain moment, the secretary-general of the United Nations can explore and create opportunities for conflict resolution. Only the UN has the authority and credibility to play this role. And over the coming years, it may make all the difference between global war and peace.

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In This Review

Liberating The United Nations: Realism with Hope

Liberating The United Nations: Realism with Hope

By Richard A. Falk and Hans von Sponeck

Stanford University Press, 2024, 430 pp.Buy the book 

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What is Israel Doing in Lebanon? War with Iran? Expansionism? Deterrence by State Terror? Netanyahu’s CV

16 Oct

[Prefatory Note: This post is based on my responses to questions put by a Brazilian journalist working for CORREIO BRAZILIENSE, Rodrigo Craveiro, on October 16, 2024. The focus is on the regional spillover of violence as linked the Gaza Genocide, which itself is still ongoing after more than a year, arousing concerns from internationally reliable sources of starvation and disease prompting adverse reaction from Israel’s supporters. Major states in Europe are threatening Israel with an arms embargo if does not accept a ceasefire, while the US warms Israel that it will cease supplying Israel with weapons if does not facilitate an increase in the delivery of humanitarian assistance to Gaza within the next 30 days.]

1– Today US warned Israel to take urgent steps to improve the humanitarian situation in Gaza within the next 30 days or face losing access to US weapons funding. How do you see that?

From the perspectives of international law, human rights, and the UN such a US move comes far too late, yet from a political perspective of ending the violence in Gaza and the expansion of the combat zone beyond Gaza a cutoff of US weapons support would be a small step in the welcome direction of peacemaking.

It is worrisome that the Gaza warning is framed in terms of the humanitarian catastrophe that continues to befall the Palestinian civilian population in Gaza without mention of a ceasefire or the spillover Israeli violence in Lebanon, Syria, Iraq, and Iran.

And why a 30 day grace period, and not immediately in view of emergency realities in Gaza that threaten increasing famine and disease, concerns that have received confirmation in recent days from reliable and respected international expert sources.

From experience over the past year, it is too early to tell even whether the US warning to Israel will be implemented. The US Government has warned Israel in the past, most recently in relation to avoid attacking Rafah with its large number of sheltering Palestinians. Israel ignored the warning and nothing was done by Washington to withdraw US support.

Finally, improving the humanitarian situation is vague, and can be satisfied by vague and often unverified and contested self-serving assessments as with disruptions during an agreed pause in the violence to allow delivery of polio vaccines to Palestinians in Gaza.

2– Netanyahu said today Israel owes its existence to victory in the 1948 Arab-Israeli war and not to the approval of its creation by the UN. What do you think about it?

Israel has always been guided by a realist belief that national security is a reflection of military hard power rather than be earning a law-abiding reputation. In that sense, Netanyahu is merely declaring what has been obvious at every stage of Israel’s existence and even during the pre-state period of the Zionist Movement.  Only a fool in 2024 would deny that Israel puts its trust in weaponry rather than in legality or morality. By setting military approaches to security against legitimation by the UN as a distinct choice, Netanyahu and leaders before him, have consistently avoided a stance in which Israel’s leaders would contend that both their battlefield success and the UN acceptance as a legitimate state were instrumental is establishing Israel as a state back in 1948, a date long prior to finding an appropriate solution for Palestinian grievances and just aspirations, a great, rarely acknowledged UN failing.

In the recent year or so, Netanyahu along with other Israeli leaders and Western supporting governments have joined in defaming the UN as biased against Israel, even institutionally antisemitic. This is manifested in many ways, but none resented by Israel more than the alleged holding of Israel to standards higher than applicable in the treatment of all other UN members.

Critics of Israel’s approach to security and conflict resolution approach believe the opposite is true, that even at the UN Israel has been able to hide its crimes and expansionism behind thick clouds of obfuscation and geopolitical protection. Palestinians  have a far stronger case against the UN due to its imposition back in 1947 of a partition of their country to achieve a two-state outcome without ever consulting the wishes of the resident majority Arab population, and then failing to secure Palestinian rights in the land allocated for their state, the extent of which was further diminished by Israeli military expansion. The UN has let the Palestinian people suffer despite their acceptance of responsibility as the successor to the British Mandate.  

3– Hezbollah threatened today to  carry out attacks in “all” Israel. Why do you think Israel is facing difficulties to defeat Hezbollah?

It is difficult to speculate on the motivations of Hezbollah, and hence their evident determination to withstand the Gaza-like onslaught that Israel threatened and is now enacting. It may be partly tied to the Israeli assassination of their longtime leader, Hassan Nasrallah, or to a sense of a sacred struggle in the spirit of jihad or to a collective Islamic response to Israel’s recourse to genocide. The support for Israel among the liberal democracies of the Global West is a somewhat analogous collective civilizational stance, although not portrayed as such, especially in the US. On neither side of this most destructive and dangerous encounter since the Cold War can behavior be explained by reference to traditional national interests alone.

Ever since the anti-colonial struggles for self-determination and against Western encroachment have been won by the militarily far weaker side, the realist equation of military superiority leading to political victory has lost its analytic power and explanatory force of how history evolves and  is made. In light of this development, it should be no surprise that Israel has not managed to defeat Hezbollah as yet despite mounting a series of punishing assaults on its Lebanon base area. As the Gaza post-October 7 experience illustrates, the only way to overcome the commitment of a victimized people struggling for a liberating freedom is by engaging in genocidal operations comparable to how the various Western settler colonialist projects dealt with the resistance of native peoples.

Israel’s Bloody Endgame

4 Oct

[Prefatory Note: This post was initially published on the TRT World website on September 30th, having been edited by Shabrina Khatri. It hasbeen modified to take account of subsequent developments in the region including the assassination of Hassan Nasrallah in Beirut and a widening onslaught against Hezbollah, while tensions mount with Iran. These developments have also affected the US relation to the conflict.]

Netanyahu’s bloody endgame seeks a future Israel with a Minimum   Palestinian Presence

In the face of mounting global criticism, Israel is stepping up its military offensive in Lebanon, continuing its genocidal violence against the Palestinians and even intensifying its attacks on the Houthis in Yemen.

AFP

Israeli Prime Minister Benjamin Netanyahu holds maps as he speaks during the 79th Session of the United Nations General Assembly at the United Nations headquarters in New York City on September 27, 2024. that erase all traces of a Palestinian claim to statehood and the exercise of their right of self-determination.

Israel in the year since the Hamas-led attacks on October 7 has insisted that it is motivated only by anti-terrorist goals in its original pledge to exterminate Hamas, and more recently expanded by the commitment to destroy Hezbollah as a credible adversary, and in the process weaken its most feared adversary, Iran. Its evident incidental purpose has been to cast Hamas, Hezbollah, and Yemen’s Houthis as proxies for arch-enemy Iran, which stands accused of being the main enabler of “anti-Israeli terrorism” in the Middle East, a coalition of militias and political groups in the Middle East, most on Western lists of terrorist organization, and alleged linked to Iran, and less so Syria, as a so-called ‘axis of resistance.’

Casting new dark clouds over the observance of the grim anniversary of October 7, is the Gaza-like onslaught carried out by Israel in recent months against alleged Hezbollah targets in southern Lebanon, and extending to the Hezbollah controlled neighborhoods of south Beirut.

This latest phase of Israeli hyper-violence culminated in the deadly pager/radio attacks followed days later by the assassination of Hezbollah’s longtime leader, Hassan Nasrallah on September 27. And this was one year after the United Nations Secretary General spoke of the world “as becoming unhinged as geopolitical tensions rise.”

Amid this preoccupation with daily reports of atrocities and severe, massive civilian suffering, a question is recently being posed in reaction to the prolonged excessiveness of Israeli violence coupled with its stubborn refusal to accept the near universal call at the UN and elsewhere for a Gaza ceasefire tied to a hostage/prisoner swap deal: What is Israel’s strategic objective that is worth this much sacrifice in its global reputation as a dynamic and legitimate, if controversial, state?

And lurking behind this unnerving question is a related anxious query: does Israel have an endgame that might vindicate, at least in its eyes, this self-sacrifice along with its sullen acceptance of the criminal stigma of credible allegations of apartheid and genocide, as well as the laundry list of crimes against humanity and its crude defamation of the United Nations?

Netanyahu’s endgame

Last week, Israeli Prime Minister Benjamin Netanyahu appeared in New York to delivered an angry, arrogant speech before a UN General Assembly. Netanyahu managed to blend bitterness toward Israel’s UN critics with an Israeli vision of peace that seemed better treated as a delusional Israel victory speech.

In a diversionary attack, Netanyahu began his remarks by referring to the UN as “a swamp of anti-Semitic bile,” a racist filter through which any allegation against Israel, however perverse, could gain “an automatic majority” against what he pointed out was the world’s only Jewish-majority state “in this flat-earth society” that is the UN. An allegation that seemed to imply that Israel could do no wrong internationally, and if any serious charges were mounted against Israel, no matter how well evidenced, they would be dismissed as nothing more than another instance of antisemitic racist barbs.

AFP

Israeli Prime Minister Benjamin Netanyahu speaks during the 79th Session of the United Nations General Assembly at the United Nations headquarters in New York City on September 27, 2024.

It was in this strained atmosphere that Netanyahu chose to announce his grandiose vision of an Israeli endgame that he claimed would alone bring peace and prosperity to the region. What Netanyahu presented to the almost empty UN chamber (because many delegates left in protest of his speech) was a geopolitical package tied together with the verbiage of “the blessings of peace.”

It was essentially a manifesto in which stage one involved the destruction of Israel’s active adversaries, the proxies of Iran. It was to be followed by a stage two “historic peace agreement with Saudi Arabia” presented as a dramatic sequel to the Abraham Accords reached in the last period of Donald Trump’s presidency four years ago.

These words celebrating the emergence of “a new Middle East” were hyped by Netanyahu, who said, “what blessings such a peace with Saudi Arabia would bring.” Other than those who wanted to be fooled by such an envisioned endgame, informed persons realized it was little other than a crude example of state propaganda with little chance of happening and almost no prospect of delivering a bright, peaceful, prosperous future to the peoples of the region.

Netanyahu displayed a map of his new Middle East that assigned no presence to Palestinian statehood, even though Saudi Arabia has recently indicated that it would not establish peace with Israel until a Palestinian state existed.

Such an omission was not an oversight. The Netanyahu coalition with the far-right religious parties led by such extremists as National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich would collapse the instant any genuine commitment to Palestinian statehood was officially endorsed. It is impossible to believe that Netanyahu was unaware of this constraint, and so it seems unlikely, to put it mildly, that he expected any enthusiasm even in Washington for his vision of a peace-building endgame. The US had long hidden its Israeli partisanship behind the two-state mantra that was also a UN consensus that substituted piety for realism.

Probing Israel’s real endgame

Underneath the public relations idea of Israel’s endgame lies a worrisome reality. Even before the Netanyahu government took over at the beginning of 2023, it was evident that Israel’s political agenda was in hot pursuit of a publically undisclosed endgame that would complete the Zionist Project after a century of settler colonial striving.

This first became clear as a publicly endorsed goal when Israel’s government introduced a quasi-constitutional Basic Law in 2018. With it, Jewish supremacist rights were written into Israeli law as conferring the right of self-determination exclusively on the Jewish people, establishing Hebrew as Israel’s sole official language, and extending Israeli protective sovereignty to the occupied West Bank settlements that had been declared ‘unlawful.’

It was this legislative action by the Knesset that confirmed an Israeli endgame of a one-state solution widely known as “Greater Israel,” a formula for extending Israel’s sovereignty over the occupied West Bank and East Jerusalem in violation of international law and the UN consensus, including that of most Western countries.

Such a Basic Law cannot be changed in Israel, which lacks a written constitution, by normal legislative action, but only by a later overriding Basic Law.

When the Netanyahu coalition took over in January 2023 there were provocative signs that this 2018 Basic Law would be coercively expedited as Israel’s number-one priority. It was initially signaled by the informal, yet unmistakable, greenlighting of settler violence in the occupied West Bank with the pointed frequently articulated message to Palestinian residents: “leave or we will kill you.” This violence was tolerated by the IDF, which on some occasions joined in, without even producing a fake censure from Tel Aviv.

In September 2023, Netanyahu’s UN speech featuring a map of the region with no Palestine was reinforced by feverish diplomatic efforts to secure an Abrahamic normalization with some Arab states, further indications to establish so-called “Greater Israel”. These acts along with provocations at the Al Aqsa Mosque compound helped set the stage for the Hamas-led attack on October 7, an event itself now veiled in ambiguity that can only be removed by an international investigation.

Miscalculations on both sides

The world at first largely accepted, or at least tolerated, Israel’s version of October 7, including its retaliatory rationale given an international law cover as an exercise of the “right of self-defense”.

As further information became available, the original Israeli rationalization for its response to October 7 became problematic. It was established that the Netanyahu leadership had received several reliable warnings of an imminent Hamas attack.

After months of training including rehearsals of the Hamas attacks, it strains credulity to accept the official version that Israel’s world-class surveillance capabilities did not detect the impending attack. Further, the immediate magnitude and severity of the Israeli response raised suspicions that Israel was seeking a pretext to induce the forced evacuation of Palestinians from Gaza to be followed by their forced exit from the occupied West Bank.

These developments established a credible prelude to the formal establishment of “Greater Israel”, and the attainment of Israel’s real endgame.

In retrospect, both Hamas and Israel seem to have seriously miscalculated. Israel seems to have counted on genocidal violence producing either political surrender or cross-border evacuation, and a new wave of Palestinian refugees.

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Having endured so much, it is hard to envision any kind of acquiescence by the Palestinians, however decimated by the Israeli onslaught, of an endgame that doesn’t include the establishment of a viable Palestine political future.

Israel underestimated Palestinian attachment to the land and to the indignity of being made unwanted strangers in their own homeland, even in the face of total devastation. Israelis undoubtedly anticipate the growth of hostile public opinion around the world after an initial grace period after October 7 of indulging Israeli violence, given the widely endorsed accounts of atrocities inflicted and hostages seized in the Hamas-led attack.

On its side, Hamas underestimated the ferocity of the Israeli response apparently because it conceived of its attack in normal battlefield action and reaction patterns, and not linked to a grandiose Israeli endgame scenario.

Israel’s hollow claims of victory suggest that the Netanyahu coalition is as committed as earlier to the “Greater Israel” endgame, with the enlargement of the combat zone to include Lebanon, and maybe even Syria and Iran, as parts of the Israeli endgame quietly enlarged to include what is being called ‘restored deterrence.’

Having endured so much, it is hard to envision any kind of acquiescence by the Palestinians, however decimated by the Israeli onslaught, of an endgame that doesn’t include the establishment of a viable Palestine political future. This could be either a co-existing Palestinian state with full sovereign rights or a new safeguarded one-state confederation based on absolute equality between these two peoples with respect to the totality of human rights.

In conclusion, the political conditions do not currently begin to exist for an endgame that would satisfy the minimum expectations of both peoples.