Interview with Daniel Falcone: Trials and Tribulations of Palestinian Refugees in Syria & Israel/Palestine/Iran

15 Apr

[Prefatory Note:This series of questions was posed for my consideration early in late March 2024, published by CounterPunch on April 9th under the title, “The Forgotten Palestinian Refugees in Syria.” I have revised somewhat my responses, partly because of the impact of developments in April, especially the bombing of Iran’s consular facility in Damascus on April 1st killing 12 persons, including 7 Iranian military advisors, which led Iran to abandon its practice of retaliating for attacks by indirect responses to US/Israel assets/military bases or to entrust retaliations to Iran’s regional non-state allies in the region, including Hezbollah, the Houthis, and possibly Hamas. On this occasion Iran deliberately itself retaliation on April 12th, firing as many as 300 drones and missiles toward Israeli targets. Most were intercepted with the help of Israel’s Western supporters (and Jordan), yet Israel has called for an emergency meeting of the UN Security Council and threatens to retaliate, escalating the conflict. What will happen with this Israeli effort to get the US involved in a wider war directed at achieving regime-change in Iran remains uncertain, but raising doubts about the war-prevention capabilities, and even motivations, of the US and to a lesser extent, China and Russia.]

Interview with Daniel Falcone: Trials and Tribulations of Palestinian Refugees in Syria Prior to the Israel’s April 1st Attack on the Iran Consular Building in Damascus

Daniel Falcone Introduction: The Syrian Civil War was the longest and most complex geopolitical conflict to emerge out of the Arab Spring, thus creating a complicated legacy for leftist analysts to interrogate. In this interview, exclusive for Counterpunch, former United Nations special rapporteur, and international relations scholar Richard Falk, breaks down Palestine and Syria and the history and politics of that refugee crisis from the left. Often, this topic finds the center-right media attempting to focus on Syria, not in the interest of Palestinians, but to remove the attention away from US/Israeli aggression. Falk, a fierce critic of US and Israel foreign policies, highlights the complex circumstances of the Palestinians in Syria and points out how a host of domestic and foreign policies, and worldviews from the left and the right, both complicate and threaten Palestinian survival and their pursuit of liberation in the face of ongoing US-sponsored settler colonialism.

Daniel Falcone: How many Palestinians are in Syria, and how long have they been there?

Richard Falk: It is difficult to be very accurate about refugee and displacement statistics due to the prolonged internal Syrian turmoil over the course of more than a decade since 2011, and still are not fully resolved. Before the Syrian Civil War the number of Palestinian refugees registered by UNRWA in Syria was 526,744, the majority of whom came to Syria during the Nakba in 1947, fleeing especially from what was then northern Palestine, now Israel. A large proportion of the Palestinian refugees in Syria chose and were able to live outside the refugee camps, with no more than 111,000 of the more than a half million living in the nine official, and three unofficial camps, according to estimates in 2002.

Current estimates of the Syrian refugee population arrives at even smaller numbers due to the fact that many Syrians fled to neighboring countries and to Europe. It is now believed that correct current number of Syrian refugees within the borders of Syria is about 450,000. This experience of internal and external displacement of Palestinians in Syria during the civil war, exhibited the dangers of being vulnerable as a refugee in a combat zone during wartime, especially in the face of the growing enmity between the Syrian government and Palestinian refugees, greatly aggravated by their opposed alignments in the Syrian Civil War. Palestinians in Syria overwhelmingly supported the opposition to al-Assad regime in Damascus.   

Daniel Falcone: What kinds of social, political, and economic devastation do Palestinians living inside Syria experience? Stephen Zunes has indicated that reliable numbers for Palestinian civilians killed by Syrian military assaults is around 4,000.

Richard Falk: Until the civil war began in 2011 relations between the Syrian government and the Palestinian refugees seemed positive, especially as compared to the negative features of Palestinian treatment and experience in several other Arab countries, particularly Jordan (‘Black September 1970’) which encouraged the voluntary displacement of Palestinians, departing from Syria, and seeking refuge elsewhere, especially in Turkey and Western Europe. Prior to the civil war Palestinian refugees enjoyed substantially equal rights in Syria as compared to the resident population, being allowed to own property, and work in almost all sectors of the economy.

After 2011, Syrians were viewed by the Damascus government as a hostile presence in view of their overall support for the anti-government political forces, which in part reflected the Shiite-dominated Damascus political leadership in a life-and-death struggle with the Sunni-dominated opposition forces. Among other developments was violent repression by Syria of the refugee camps in Syria, most prominently the Yarmouk Camp located on the outskirts of Damascus, resulting in many Palestinian deaths, forced and voluntary displacements, and widespread hunger in the period between 2011 and 2018.

Such conditions prompted many Palestinian refugees in the 12 Syrian camps to risk the increasingly dangerous migrant journey to Europe, a situation further aggravated when Trump’s defunded UNRWA in 2018. Prior to the civil war in Syria, Palestinian refugees were much more regulated and their economic, political, and social options restricted in Lebanon, with its delicate Muslim/Christian demographic balance, and in Jordan, where the sheer numbers of Palestinian refugees were seen by the government as posing a political threat of a demographic character as further reinforce by their suspected distrust of the Hashemite monarchy.

Daniel Falcone: Is there a problem on the left in the United States in undermining the plight of Palestinians in Syria in relation to the left’s varying perspectives on the Syrian Civil War?

Richard Falk: Yes, the hostility of the hard left to intervention against the regime of Bashar al-Assad, despite its oppressive tactics, autocratic governance, and outright atrocities seemed dogmatically based on siding with whatever political forces around the world validated their behavior by deploying anti-imperial rhetoric and slanted arguments against siding with the anti-Damascus insurgents, which were a hybrid coalition that included more humane and democratic elements than did the government, at least at the outset of the conflict. At the same time, complexities were present no matter which side was supported in the bitter civil strife due to the lack of coherence by either the government or its array of opponents.

Beyond this, at the outset of the Syrian civil strife the US and Turkey underestimated the capabilities and loyalties of Syrian armed forces, being too quick to think it would be as easy to get rid of the Assad regime as it had been for NATO in 2013 to induce anti-Qaddafi regime change in Libya. NATO also badly miscalculated the domestic effects of regime change in Libya. Instead of a successor regime friendly to the Global West, the situation in Libya deteriorated from one of autocratic stability to a condition of political chaos and civil strife among Libyan ethnic communities, in effect from autocracy to a chaotic form of anarchy.

This misleading analogy between Libya and Syria was a costly miscalculation, especially for Turkey, compounded by the emergence of some strange opportunistic alliances in the course of the internal struggle. Perhaps most notable was the mutual relations between ISIS and the anti-Damascus forces. seeming joining in a common cause the liberal opposition to Damascus with an organization previously treated by the West as a virulent form of terrorism.

On the side of the Syrian government again, for a mixture of geopolitical and ideological reasons, were Russia and Iran. The Syrian Civil War was the most complex and prolonged struggle to spiral out of the Arab Spring, and perhaps in modern times, considering the bewildering variety of actors and issues at stake internally, regionally, and globally as well as the mix between state and non-state actors and compounded by the internal antagonisms on both sides.

Daniel Falcone: What are the differences and similarities for Palestinian refugees trying to survive across the Arab world?

Richard Falk: Responding to this tangled issue of comparative treatment of Palestine refugees throughout the Arab World is a stretch for me. Responding broadly, there is agreement that attitudes toward Palestinians refugees varied through time and from country to country, influenced recently by Israeli/US diplomacy promoting normalization of Israeli/Arab relations during the final months of the Trump Presidency in the form of the now notorious Abraham Accords. Since October 2023 the Israeli genocidal onslaught in Gaza has made Arab countries more conscious of their own identities while becoming somewhat more engaged with the  Palestinian ordeal, including reacting with varying levels of concern to what is increasingly regarded by pro-Palestinian forces as ‘a second Nakba’, in effect a brutally forced evacuation being implemented with a genocidal ferocity that far exceeds the Palestinian catastrophe of 1948— that is creating humanitarian pressures for offering shelter to Palestinians outside of Occupied Palestine, highlighted by a situation of widespread starvation and disease in Gaza, grim realities further intensified by the Western defunding of UNRWA since late January 2024 in response to a dubious all out Israeli campaign to discredit UNRWA in a supreme instance of their mastery of the dark arts of deflection.

At present, in reaction to the humanitarian emergency in Rafah, and continuing Israeli threats to launch a military attack on the small city abutting the Egyptian border which is sheltering over a million helpless Palestinians in horrifying conditions even without taking account of the acute fears arising from Israel’s threatened military attack, Egypt has so far responding in two somewhat contrary ways: 1) by deploring the forced cross-border pressures on Palestinians to leave Gaza or die if they are so stubborn as to continue resisting and, 2) by preparing for a mass Palestinian exodus from Gaza by constructing a large walled-in temporary refugee facility in the Sinai Desert, which is part of Egypt. Whether Egypt will eventually be persuaded or bribed to accept a large new influx of Palestinian refugees is uncertain at this point.

The issue posed is tragic for Palestinians in Gaza who have stayed in their homeland despite hardship and abuse since its re-occupation by Israel in 1967, enduring periodic punitive large-scale military incursions from land, air, and sea in 2008-09, 2012, 2014, and 2021, reinforced by a crippling blockade since 2007. The role of Hamas in Gaza is complicated: it reportedly won internationally monitored elections in 2007 because it resisted Israeli abuses more credibly than did the Palestinian secular alternatives, and steadily gained legitimacy among Palestinians throughout the occupied Palestinian territories because it was not tainted by collaborationism or corruption to nearly the extent of the Ramallah-based Palestinian Authority, itself an outgrowth of the discredited Oslo diplomacy.

Since 2006 when it took over a governing role in Gaza, Hamas has been reduced to being a ‘terrorist’ entity by Israel, United States, and Germany. Its diplomacy was spurned over the years despite credibly proposing long-term ceasefires on several occasions. Israel made no secret of preferring to discourage Palestinian resistance by keeping Gazans on ‘a subsistence diet’ as supplemented by ‘mowing the lawn’ as needed, as well as using Gaza as a virtual free-fire zone to test weapons and tactics, and send a deterrence/Dahiya message to regional governments throughout the Middle East that Israel was not inhibited by law and morality when it came to dealing with its enemies, and disdained such widely accepted legal limitations on force as proportionality and discrimination (as to targets). Additionally, Israel’s presence in the Occupied Palestinian Territories is subject to the 4th Geneva Convention addressing issues of Belligerent Occupation, as well as the unanimous Security Resolutions 242  and 338, which projected an early Israel withdrawal to its 1967 borders after minor territorial adjustments.

The Syrian government’s relationship to the Palestine/Israel conflict seems contradictory in its central aspects. Syria alone among major Arab governments has been actively pro-Palestinian in its foreign policy since the 1948 War. Israel has engaged in various destabilizing moves toward Syria, most dramatically in the form of periodic air attacks at targets thought to be helping anti-Israeli forces in the region. Israel incorporated into Israel the occupied Syrian territory, known as the Golan Heights, under Israeli administrative control since the 1967 War, during the latter part of the Trump presidency. And now it has attacked the Iranian embassy compound in Damascus threatening to make the wider war a

major source of intensifying conflict in the Middle East. In other words, despite its encounters with Palestinian refugees, Israel and Syria have a long history of mutual hostility, given dramatic focus from time to time by

Israeli cross-border air strikes with target located in Syria.

This present engagement with Syria and Iran on one side and the Israel and the US, and most of NATO on the other side, points to a more dangerous phase in the Middle East conflict configuration that has evolved since the end of the Cold War.

Regressive Populism and the Resilience Imperative: Evading Global Challenges

10 Apr

[Prefatory Note: We are living in an alarming period in world history where the ecological balance of the planet is in jeopardy due to anthropocentric negligence and malfeasance. As well, existing geopolitical structures are beset by tensions that threaten to repeat the terrible experiences of global warfare with an increasing danger of recourse to nuclear weapons on a large scale, bringing about ‘a nuclear winter,’ which threatens to be a near extinction event for the human species as well as many animal and plant species. It is by any reasonable calculation a ‘planetary state of emergency’ yet the behavior patterns around the world exhibit almost no adaptive ingenuity and fail to engender the political ambition to put aside anachronistic concerns about strategic clashes of geopolitical actors to focus on these urgent 21st century challenges that are trending toward catastrophe.

I am posting my foreword to a recent book on the rise of ultra-nationalist populism around the world by the distinguished British author and historian, Deepak Tripathi.  What is depicted in the book is emblematic of the populist and inter-governmental myopia that has become a menacing characteristic of the global setting. I highly recommend reading this book, which can be obtained from the usual online book sellers, published in later 2023 by Springer in Europe. Although anachronistic and regressive leadership imperils the human future, it is the mass appeal of autocrats that deepens the array of challenges grouped together under the various failures of populism: THE RESILIENCE IMPERATIVE: Reimaging Global Populism.]

[Prefatory Note: We are living in an alarming period in world history where the ecological balance of the planet is in jeopardy due to anthropocentric negligence and malfeasance. As well, the geopolitical structures are beset by tensions that threaten to repeat the terrible experiences of global warfare with an increasing danger of recourse to nuclear weapons on a large scale, bringing about ‘a nuclear winter,’ which threatens to be a near extinction event for the human species as well as many animal and plant species. It is by any reasonable calculation a ‘planetary state of emergency’ yet the behavior patterns around the world exhibit almost no adaptive ingenuity and fail to engender the political ambition to put aside anachronistic concerns to focus of these urgent 21st century challenges that are trending toward catastrophe.

I am posting my foreword to a new book on the rise of ultra-nationalist populism around the world by the distinguished British author and historian, Deepak Tripathi.  What is depicted in the book is emblematic of the populist and inter-governmental myopia that has become a menacing characteristic of the global setting. I highly recommend reading this book, which can be obtained from the usual online book sellers, published this month by Springer in Europe.]

Foreword to Deepak Tripathi’s Populism: Weaponizing for Power and Influence (2023)

We are living at a time when liberal democracy has lost much of its charm. Reflecting back on 1989 perspectives highlighted by the collapsing Berlin Wall it was not supposed be that way. On the contrary, there was a triumphalist optimism rampant in the West that liberal style democracy (wedded to a market driven world economy) was the wave of the post-Cold War global future, typified by Francis Fukuyama’s End of History: The Last Man (1993). A blazing torch for such a democratizing future was carried by two American presidents, Bill Clinton and George W. Bush, who despite coming from supposedly opposed mainstream parties, both championed ‘democracy’ as the path forward for all peoples living on the planet, and especially those in the Global South. To be sure there were more pessimistic voices who were making their voices heard, most prominently, that of Samuel P. Huntington with his conflict-laden view of political life after the Cod War, captured by his arresting phrase, ‘clash of civilizations,’ supposing that the struggle of the future would be ‘the West against the rest,’ [Huntington, Samuel P., “Clash of Civilizations?” Foreign Affairs (1993) Another grim voice gaining attention in that period was the dark forebodings of Robert Kaplan whose historic sense was preoccupied with chaos and disorder. [The Coming Anarchy (2000)].

Bill Clinton, as the U.S. president in the 1990s fashioned and promoted a doctrine of ‘enlargement’ that justified tilting American foreign policy in a pro-democracy direction, claiming also that a democratizing world would inevitably lead to world peace as history supposedly documents that democracies do not fight wars against one another. What was called ‘the strategy of enlargement’ was set forth most influentially set forth by Anthony Lake, Clinton’s National Security Advisor, who was an unconditional advocate of promoting democracy after the Soviet collapse. In his words, “America’s core concepts, democracy and market economics, are more broadly accepted than ever before. We have arrived at neither the end of history nor a clash of civilizations, but a moment of immense democratic and entrepreneurial opportunity, and we must not waste it.” [Lake, “The Four Pillars, Emerging ‘Strategy of Enlargement,’” Chirstian Science Monitor, Sept 29, 1993]

Then George W. Bush came along to push the same line with more ideologically self-serving language, most notably in the introduction to the 2002 National Security Strategy of the United States of America: “The great struggles of the twentieth century between liberty and totalitarianism ended with a decisive victory for the forces of freedom—and a single sustainable model for national success: freedom, democracy, and free enterprise… We will extend the peace by encouraging free and open societies on every continent.” Such a statement still reflects the ideological orientation of that time, but if uttered today its lack of plausibility would make it seem like an emanation from a quaintly out of touch worldview. When I first read this prideful utterance by Bush back in 2002 it struck me then as a perfect example of an ideological framing of imperial hubris. Now I regard it as a dangerous confirmation of the delusional ideas that held sway in the misguided efforts after the Cold War to construct  viable and equitable arrangements supportive of the global public good without paying heed to giving greater independent authority to the UN or according increasing respect for international law.

More than two decades after Bush, Deepak Tripathi ventures to tell us quite a different story about the political tides sweeping across the world in a manner that exposes the fragility of even those political arrangements that had seemed the most stable and deeply rooted within liberal democracies such as the sanctity of elections and the peaceful transfer of power from one leader to the next. Beyond this issue of systemic precariousness, the extraordinary rise of China, and Asia more generally, in a period when the West stagnated, drew into severe question the assertion that ‘free enterprise’ was an indispensable foundation of political sustainability and economic prosperity for all sovereign states with its boastful implication that the West had developed a superior model of economic and political development that all should follow.

Indeed, Tripathi’s stunningly comprehensive and historically grounded survey of populist politics, whether from right or left, or from above or below, articulates a quite different narrative from the earlier post-Cold War perspectives that attempted to interpret the future of politics within states and their international spillover effects of the transitory, if globally reverberating, Soviet implosion in 1992. Rather than the transformative development that the West welcomed, this spectacular, if temporary end of Cold War geopolitics, resulted in fundamental changes in the structures and processes of an evolving world order. It could have been different if the victors had seized the historical opportunity to make the world safer and more equitable by finally eliminating nuclear weapons and constructing more communally organized institutional arrangements. Above all, this would have meant strengthening the UN—its capabilities, responsiveness to human suffering and societal vulnerabilities, cooperative and equitable approaches to climate change and natural disasters. But this window of opportunity was never opened. It was shut down rather quickly by the militarist combination of predatory capitalism and a revitalized geopolitical ambition, which failed to address global scale challenges that posed dire threats to human security.

What Tripathi brilliantly shows is that such a historical context gave rise to populism rather than the expected expansion of democratic patterns of governance by a variety of populist moves at the level of the sovereign state. Instead of addressing problems by the aggrieved even in rich and powerful societies through the social protection of its own poor and vulnerable, as well as responding in an effective and equitable manner to climate change, the U.S. and several European countries became preoccupied with unwanted migrants diluting territorial nationalism and meeting Asian, mainly the Chinese challenge, with new modalities of militarist containment rather than enhanced competitive prowess and a genuine advocacy of inclusive multilateralism. Moderation and pluralism associated with the practice of democracy cast aside, mass frustration leading to severe inequalities, polarization, resentment, and pointed fingers, with the left blaming elites and the entrenched forms of public order while the right blamed overreaching and irresponsible government that served the interests of globalized elites (Wall Street) rather than ordinary people. the soul of the nation. Such polarization gave rise of extremist interpretations, movements, and leaders usually seeking vindication and legitimacy by claiming to be the voice of ‘the people.’ This political mood allowed demagogues and authoritarian figures to flourish, often by proposing snake oil solutions that promised unhinged governance guided by abstract invocations of ‘the will of the people,’ casting aside in fits of populist fury the sanctity of constitutional constraints on the exercise of state power associated with checks and balances, the sanctity of civil and political rights, the rule of law, and a host of other populist tropes.

Although populism is presently spreading its around the world at the expense of more moderate democratic approaches to governance, although not without such partial countertendencies as the defeat of Bolsonaro in Brazil and Trump in America illustrate. Perhaps, partly to reassure us that populism is no more of a permanent fixture than was democracy seemed to be at the turn of the century, Tripathi surveys the political development of the past two centuries in the major regions of the world to educate readers by populism is not new and always diverse as expressive of the particularities of national, regional, and global contexts. Populism is part of the fabric of long dominant sovereign states, including the U.S., Russia, and India, partly less so of China. This helps explain the prevalence of autocratic and radical reform movements throughout Latin America, North America, Europe, and Asia. On the one side, dictatorial populists of the left as Juan Peron and Chavez who serve workers and peasants. But there are also leaders such as Trump who come along with promises ‘to drain the swamp’ of corrupt bureaucrats that are crafting policies for the benefit of special interests, supposedly standing up for the people against the alleged encroachments of globalists, migrants, and ‘terrorists.’ And others like Boris Johnson who championed Brexit as a way of restoring pride and economic vitality to the British nation. Johnson mobilized ‘the people’ by promising to make the nation great again, by various means including disentanglement from the EU, and presumably other forms of internationalism.

The provocative title chosen by Tripathi suggests to me acute anxiety about past and present unleashing of populism. The idea of ‘weaponizing’ politics portends both intense internal conflict and a free hand to act beyond the law on the part of a government leader who enjoys the confidence of an enraged people, prepared to follow along rants on paths that lead to repression, intolerance, and violent conflict. If this is correct, then this book amounts to a warning to be heeded by all who value restraints on political leadership and state power, favor rationality of public discourse, support the repudiation of wild conspiracy theories, and discredit searches for scapegoats upon whom lay blame for the misfortunes of the nation and its people.

Tripathi is disciplined and knowledgeable enough not to project populist trends into the future. As I read him, however, he does appear to believe that populism will not get the job done to the satisfaction of those oriented toward either the balancing of national interests against human interests or against global public goods as the 21st century unfolds. What makes this book so timely and essential reading for an understanding of the world is the conceptualization of populism its depiction as a worldwide phenomenon emergent at times of acute social, economic, and political stress.

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

6 Apr

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


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

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

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

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

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

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

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

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

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

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

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

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

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

DAHIYA DOCTRINE: JUSTIFYING DISPROPORTIONATE WARFARE—A PRELUDE TO GENOCIDE

1 Apr

[Prefatory Note: What follows is an essay that originated from my responses to some questions from a journalist preparing his own article on the Dahiya Doctrine. It led me to consider the relevance of the doctrine, and link it to the events of the last several months in Gaza, the Hannibal Directive, antisemitism, and genocide.]

  1. What is the Israeli military’s “Dahiya Doctrine?”

The label ‘Dahiya Doctrine’ was apparently first publicly discussed by a former IDF Chief of General Staff, Gadi Eisenkot. Dahiya is a neighborhood village in southern Beirut that was believed to be a residential stronghold for Hezbollah, the radical Islamic Shi’ite movement opposed to Israel’s encroachments on Lebanese territorial sovereignty and pro-Palestinian in its wider political agenda. The doctrine came as no surprise to persons familiar with past Israeli tactics, although its articulation with reference to events back in 1986 and 2006 entailed an open rejection of compliance with applicable international law. Undoubtedly, the disclosure raised a few eyebrows of disapproval in Tel Aviv as such matters are not generally considered fit for open discussion.

The Dahiya Doctrine is a summary description of Israeli tactics ever since the time of the British Mandate, but was specifically invoked by General Eisenkot with reference to the 2006 Israeli use of disproportionate force (relative to what was regarded by Israel as Hezbollah resistance provocations) to destroy the civilian infrastructure of Dahiya. It was set forth not only as a rationale of past practice, but to describe Israel’s distinctive claim of intention and entitlement to use force in this manner against non-state adversaries as the core of a two-part doctrine of counter-terrorist deterrence. It also was an informal attempt to redefine ‘military necessity’ in situations of asymmetric warfare being waged by Israel against hostile non-state actors based in neighboring states. In the specific context of Lebanon, the blame for recourse to disproportionality is assigned to Hezbollah by Eisenkot contending that the Shiite villages of south Lebanon had been transformed ‘into platforms for terror,’ an inflammatory shorthand for armed resistance to Israel’s occupation of southern Lebanon.

It is notable that this claim is put forward without the slightest effort on Eisenkot’s part to reconcile the Dahiya Doctrine with international humanitarian law, which imposes a limit of proportionality on any use of force in situations of international combat. It also neglects to take note of the fact that before encounters with Hezbollah, Israel routinely struck back disproportionately at its enemies, especially with respect to Palestinian acts of resistance, even when nonviolent and undertaken in frustrated response to Israel’s prolonged unlawful behavior as was the case with the Gaza Right of Return Movement initiated in 2018 after 11 years of punitive blockade and periodic large-scale Israeli attacks on the vulnerable Palestinian civilian population.

It is significant that the Dahiya Doctrine was first explicitly applied to the non-Palestinian Hezbollah militia movement, which was misleadingly labeled as ‘Iran-backed’ to warn and justify Israel’s claims to strike back disproportionately against any and all adversaries. The military incursions carried out in 2008-09, 2012, 2014, and 2021 in Gaza are each illustrative instances of the application of the Dahiya Doctrine although rarely rationalized in these terms by Israel and its supporters, but rather subsumed beneath diversionary arguments invoking Israel’s claim of an unrestricted right to defend itself. Such a legal justification was itself dubious given that Hamas, along with the West Bank and East Jerusalem were Occupied Territories subject to a special legal regime depicted in the Fourth Geneva Convention of 1949, further elaborated in the First Additional Protocol of 1977. It is widely agreed at the UN and by legal experts that an Occupying Power has no standing to invoke ‘self-defense’ arguments in support of using force, and collective punishment, against an Occupied People, especially in this context as UNSC Res. 242 back in 1967 had unanimously  looked toward the withdrawal of Israel’s armed forces from these territories occupied in the 1967 War. Aside from this, Israel is subject to specific legal duties in the 4th Geneva Convention to protect civilians subject to its administration, and to refrain from efforts to displace the occupied people by interfering with their

underlying rights of self-determination as it has massively done by authorizing and even subsidizing a large number of Israeli settlements and annexing as its ‘eternal capital’ the entire city of Jerusalem. With these considerations in mind, Israel, so long as it remains the Occupying Power, the Dahiya Doctrine and disregard of Gaza’s Occupied status is deeply problematic. Israel is entitled to take measures to sustain security in the Occupied Territories as part of its administrate role, but the force used should be considered legitimate only if rendered compatible with Israel’s responsibilities to safeguard the population under its supposedly temporary and not to interfere with its pre-occupation societal integrity. At least, the international community should not have been hoodwinked into abandoning reliance on the international law framework relevant to belligerent occupation. It seemed obliged to take note of the current legal challenge to Israel’s occupation that has lasted 57 years resulting from the General Assembly’s request for an Advisory Opinion on the legality of Israel’s occupation given its long duration and array of unlawful practices and policies. Whatever the outcome at the ICJ the likelihood of Israeli compliance or UN sanctions in the event of non-compliance is virtually nil. At the same time, it is politically valuable to confirm accusations of unlawful behavior by recourse to authoritative procedures, even if unenforceable, as such assessments tend to have legitimating and mobilizing effects with respect to civil society solidarity initiatives such as BDS (boycott, divestment, and sanctions) and exerts some influence on public discourse in the media and in diplomatic venues.

It is notable that the factfinding mission of the Goldstone Commission established in the aftermath of the 2008-09 Israeli Operation Cast Lead by the UN Human Rights Commission did conclude in its 2009 report that Israeli tactics in Gaza were instances of disproportionality, collective punishment, and state terror in conformity with the reasoning and practice endorsed by the Dahiya Doctrine, while taking note of the unlawfulness of the doctrine and its Gaza application in fact if not by name.

  • How does the Dahiya Doctrine fit into the prevailing laws of war?

As suggested in the previous response, the Dahiya Doctrine directly contradicts one of the most fundamental norms of customary international law, which also infuses the treaty formulations of limits on the use of force in the Geneva Conventions and the UN Charter. Namely, disproportionate force is prohibited as it is considered a form of excessive force and has the clear intended prohibited effects of targeting a wide range of civilian sites and inflicting severe collective punishment on the civilian population as criminalized as a war crime in Article 33 of the 4th Geneva Convention.

The Israeli retaliatory campaign in reaction to the Hamas attack of October 7, 2023, is a grotesque example of the Dahiya Doctrine carried to a transparent genocidal extreme. It highlights the aggravating absence of any Israeli effort to set limits on the extent or degree of disproportionality. As in Gaza, General Eisenkot (IDF Chief of Staff, 2015-2016), with reference to Dahiya made some vague references to the issuance of evacuation orders to limit the loss of life on the part of civilians, but in practice this concern has never been consistently evident in the deployment of Israeli military operations. This disregard is manifestly evident in the current military operations in Gaza, despite weak Israeli protestations that allege Palestinian reliance on ‘human shields’ and blaming Hamas for situating their tunnel strongholds beneath hospitals, refugee camps, UN buildings, and schools. These legal arguments cannot justify a total abandonment of Israel’s legal responsibilities as the Occupying Power of Gaza, and besides, these Israeli explanations are not accompanied by sufficient evidence to offset objections

arising from Israel’s recourse to genocidal tactics and endorsed by dehumanizing language of its highest leaders that fulfill requirements of genocidal intent. The Interim Order of the ICJ on January 26, 2024 reinforces this assessment by concluding nearly unanimously that the evidence supports an inference of ‘plausible genocide.’ Even though provisional, and softened by the usual cautious demeanor of this highly regarded international tribunal, it reinforces the worldwide common sense perception of genocide based on real time imagery and informed journalistic commentary from Gaza sites of carnage.

  • How is the Dahiya Doctrine being implemented by the Israeli military in Gaza?

Again, earlier responses anticipate this question. Yet there are complexities associated with attributing to the Dahiya Doctrine the totality of blame for the extremity of what has been transpiring in Gaza for more than five months. This complexity arises from the widespread perception that the military operation in Gaza is not primarily about what it purports to be—namely, the destruction of Hamas or Palestinian resistance through disproportionate force and deterrence of future provocations by Hamas or other state and non-state adversaries. The Gaza operation must be viewed in the wider context of Israel seemingly exaggerated and vengeful reaction to the Hamas attack, which objective investigations may eventually reveal was allowed to take place or inflated in the official depictions of its supposed barbaric aspects, so as to provide the extremist Netanyahu coalition government with a pretext for its preexisting resolve to induce forced evacuation and dispossession of as many of the 2.3 million Palestinians from Gaza as possible, with an implicit unacceptable demand, which is openly avowed  in settler and religious Zionist activism and literature of confronting the Palestinians, residents not only in Gaza, but even more directly in the West Bank and East Jerusalem with a dire choice between leaving and dying, or at best remaining entrapped in a life of misery.

Palestinians are understandably describing Israeli operations as having the overall purpose of inflicting on the Palestinian people conditions designed to produce a second nakba (or catastrophe), recalling the earlier nakba of 1948 when an estimated 750,000 Palestinians were forcibly made to leave their homes and learn that their villages had been bulldozed. Obliged to seek refugee status in neighboring countries and Gaza (then under Egyptian occupation) with no right of return, was itself a serious violation of a fundamental international human right. In effect, the logic behind the Dahiya Doctrine is certainly one way of viewing the 2023-2024 Gaza operation, but in my view it is incomplete without taking into account the underlying endgame of extreme Zionism, as embodied in the program of the Netanyahu coalition government that has governed Israel since the start of 2023, which is to establish ‘Greater Israel.’ The plan is to solidify the existence of a Jewish supremacy state (containing as few Palestinians as possible) in the whole of historic Palestine, described by its most ardent advocates as ‘Israel from the river to the sea,’ that is, from the Jordan River to the Mediterranean Sea. In effect, what made this Netanyahu government the most extreme in the whole of Israel’s existence is its stress on completing the Zionist Project through the forced dispossession of Palestinians on at least the scale of the 1948 exodus. More moderate Israeli governments were also committed to such an outcome, although reluctant to acknowledge this, given the international two-state consensus. Earlier Israeli governments were far more ambivalent about turning the settlers loose to terrorize those Palestinians stubbornly refusing to be victims of a second nakba and to use Gaza resistance as a pretext for a genocidal assault on the people and infrastructure of Gaza, making the Gaza Strip uninhabitable and unlivable at least temporarily.

  • The Hannibal Directive and Israel’s Security Paradigm

The Hannibal Directive named after a historically important general in Carthage (247-183 BC) who claimed to prefer suicide to capture by an enemy was first articulated in 1986 by Israel in response to a series of incidents involving Hezbollah’s seizure of Israeli soldiers occupying Lebanon after the 1982 War. It informed debate about the abduction or capture of a low-ranking Israeli soldier, Gilad Shalit in Gaza. Shalit’s release in a prisoner swap for 1,027 Palestinian prisoners being held in Israel jails raised the sensitive issue of whether it would not have better to risk killing Shalit than to be pressured into making such a deal. Although Benny Gantz, as IDF Chief of Staff in 2006, insisted that the IDF was under orders to endeavor to rescue Israelis captured from their abductors, which envisaged the use of lethal force, Israeli soldiers were said to be under strict orders not to kill deliberately abducted Israeli soldiers or civilians. Such a distinction, according to some accounts, was not maintained in practice, where the main goal was to prevent abductees from becoming prisoners.

In 2016 Gadi Eisenkot, while he was IDF Chief of Staff formally repudiated the Hannibal Directive and did not reveal secret replacement protocols for dealing with future abduction/hostage taking. The Hannibal Directive, however named or unnamed, again likely supplied the logic of the shootings of abductors and captured Israeli soldiers and citizens in the course of the October 7 Hamas attack. There are a variety of reports suggesting that IDF troops killed by accident or design abducted Israelis to prevent their seizure as hostages. Israel’s dissenting version of what happened on that day insist that any shootings of Israelis by the IDF was accidental, and attributable to the chaos of the situation. [For insightful analysis of these issues in the course of the 2014 attack on the city of Rafah that resulted in the death of an Israeli officer by IDF action to prevent capture see Finkelstein,  Gaza: An Inquiry into its Martyrdom, 2018, 273-277]

The reasons for coupling the inclusion of this brief discussion of the Hannibal Directive are to further illustrate a calculative approach by Israel to issues of life and death for Israelis and others that is complementary in spirit to that set forth in the practice of disproportionate warfare as a prerogative of Israel justified by reference to the behavior and elusiveness of its non-state adversaries, which are consistently linked in state propaganda to its main state enemy, Iran. Such thinking also manifests the dehumanization of the Palestinian people in the event that their presence in their own homeland clashes with the policy priorities of the current phase of the Zionist Project, Such inquiries help us understand the continuities of the prolonged occupation of Palestinian Territories that has imposed oppressive conditions violating the most basis rules and principles of international humanitarian law, mutating from a regime of apartheid to one of forcible expulsion and genocide. For meticulous documentation of such serious charges, see Albanese, Anatomy of a Genocide, A/HRC/55/75, 25 March 2024.

5, Can the Dahiya Doctrine be linked to the Zionist Interpretation and Treatment of Antisemitism?

In my view there is a definite, although complex, linkage. To make such an assessment requires distinguishing three varieties of antisemitism as discourse and as practice:

            —antisemitism as hatred of and discrimination against Jews, currently reignited by Israel’s subjugation and abuse of the Palestinians as a people [See On Antisemitism and: Solidarity and the Struggle for Justice in Palestine, Jewish Voices for Peace, 2017]. The core of this phenomenon was in Europe, including Western Russia, and extending to the Global West, including Australia and New Zealand, with deep roots in the dominant narrative of Christianity in which the Jewish establishment of its day collaborated with the Roman imperial presence in assenting to the Crucifixion of Jesus, and given a special twist in most contemporary varieties of Evangelical Christianity that read the Book of Revelations as imparting the message that the Second Coming of Jesus will only occur when  all Jews return to Israel (as the successor to historic Palestine). Jews will then be given the choice of converting to Christianity or facing damnation. Despite this genuine type of antisemitism, the state of Israel has learned from its experience during the Nazi period that pragmatic convergences could facilitate the establishment and security of a Jewish state, especially the idea that encouraging Jewish immigration to Israel by any means was vital to the domestic support in the United States and elsewhere of Israel.

Early Zionist leaders even collaborated on arrangements with the Nazi regime in Germany that facilitated Jewish immigration to Israel, in some instances, with assurances that Jewish assets could be taken abroad. [see Suarez, State of Terror, 2018] The same pattern of pragmatic and instrumental use of antisemitism underlay the Balfour Declaration in 1917 by which the British Foreign Secretary pledged UK support for the establishment of a Jewish homeland in Palestine, which it facilitated by welcoming Jewish immigration and cooperating with Jewish leaders to carry out its divide and rule governance of its Palestine Mandate. In other words, the Zionist Movement pursued its goals by negotiating a number of Faustian Bargains with antisemitic adversaries, a part of the Israel state-achieving narrative that is confusing for both followers and critics.

It seems reasonable to ask ‘this may be true, but what has it do with the Dahiya Doctrine?’ It relates to the deep roots of Israeli behavior since the early pre-Israel origins of the Zionist Movement. In essence, because of its weakness in relation to potential and actual adversaries, Israel needed to make up its own pragmatically-driven rules of practice without regard to any sense of duty to comply with the expectations of established political, legal,  and moral frameworks. The Dahiya Doctrine is one of expression of such pragmatism, enacted without regard to law or morality against elusive non-state adversary movements. At its extremes, as in Gaza in recent months it invokes the Holocaust to demonize critics, including adverse rulings in widely respected international institutions such as the International Court of Justice, contending that decisions by such actors are tainted by their ‘antisemitism,’ which seems pure smear given the lack of even scant evidence of hostility to Jews as such. In extreme reactions, prominent Israeli spokespersons denounce allegations of responsibility for genocide by contending that given Jewish victimization in the Holocaust, and before, any such accusation is itself a sign of mortal hatred of Jews and disregard of their experience. In effect that Israel, by virtue of its history and national identity can never be held to account for such criminality. In a more implicit and restricted form, this is the essential message to the world transmitted by the Dahiya Doctrine. It seems perverse and cruel to immunize Palestinian victimization from legal and moral criticism because of the Jewish experience in Europe, culminating in the Holocaust. Palestinians had no responsibility for these horrifying manifestation of hatred of Jews and should not be expected to bear the burdens associated with establishing a Jewish sanctuary in their midst without their consent or any show of Zionist respect for the Palestinian presence.

          —antisemitism as a weapon against critics who are neither antisemites in the first sense nor deniers of Israel’s legitimacy as a sovereign state. This weaponization of antisemitism draws its effectiveness partly because of the guilty consciousness of the Global West, especially in Germany, UK, and the US, during the pre-war Nazi years, causing extreme sensitivity to any contentions of antisemitism, making weaponization an effective means to shift the conversation away from Israel wrongdoing. [For a searching account see Asa Winstanley, The Weaponization of Anti-Semitism, 2018] Highly professional reporting by Special Rapporteurs of the UN Human Rights Commission are consistently defamed by knowingly ‘fake antisemitism,’ invoked by Zionist groups and subsidized by Israeli funding and influence on media reportage. This dynamic is less related to the Dahiya Doctrine but it underpins the Israeli opportunistic defense against criticism emanating from the UN or other responsible circles as ‘blood libels’ against the Jewish people, as was the response by prominent Israeli voices in reaction to the Goldstone Report of 2009, which contributed to its recommendations being sidelined and ignored, even discredited, another instance of Dahiya logic writ large. Israel’s mastery of ‘the politics of deflection’ has been often successful in shifting the media and public focus from message to messenger, with the intended result that the message is never being delivered to the public. (Winstanley, 202-)

This was the case when a series of respected NGOs and many prominent scholars in the years 2017-2022 formed a consensus on the basis of highly documented reports that Israel was guilty of the international crime of apartheid. Rather than engage the issue, Western governments and mainstream media responding to such a damaging allegation with deafening silence, refusing to take notice and offer counter-arguments to the apartheid consensus, again as with Dahiya sustaining the impression of Israeli impunity in relation to normally applicable international criminality.

            —antisemitism as emanating from Jews within Israel and Directed against the Jewish Diaspora. The Israeli government and public opinion has moved to the right, embracing the Greater Israel scenario as the basis for its future peace and security, replacing the Oslo diplomatic model of a negotiated end to the struggle of the two peoples on the basis of a political compromise with a victory scenario unilaterally realized with complicit support from Western liberal democracies. This third more obscure and subtle type of antisemitism is underappreciated both in its emergence, its recent surge in Israel, and in relation to Dahiya logic. Part of the obscurity arises because of the overlap of the pragmatic dependence on ideological, political, and economic support of Zionist diaspora networks in the Global West to continue to back Israel financially and diplomatically despite the increasing world clamor for a ceasefire in Gaza, the accountability of Israeli leaders, and a surge of support to implement Palestinian rights long deferred.

As criticism of Israel’s treatment of the Palestinian people grows throughout the world, and especially increasing among younger Jews in the Diaspora, the tensions between Jews living in Israel those spread across the world are intensifying. Such tensions are downplayed in deference to the continued financial and diplomatic dependence on Zionist leverage in the official circles of the Global West and on the continuing belief among Jews living in Europe and North America that Israel retains a right to exist as a secure, legitimate sovereign state.

The tensions are mainly caused by increases in settler violence and the rise in influence of religious Zionism and more culturally oriented assertions heard with greater frequency in Israel to the effect that ‘true Jewish heritage is expressed by speaking Hebrew’ or by a growing internal ambivalence toward the Holocaust noted by close observer of Israeli Jewish remembrance museums where recent changes in exhibitions and pedagogy give greater weight to the outlook of earlier leading Zionist voices such as Theodor Herzl, and even David Ben Gurion, who believed that Jews who failed to immigrate to Israel were oblivious to  the inevitability of a repetition in some new guise of the Jewish fate that culminated in the Holocaust, and deserved little sympathy.

Turning back to the Dahiya Doctrine, the shared lesson of the Holocaust is that diaspora Judaism suffered as it did because it was disproportionately weak and passive, deluding itself by ignoring a deeply embedded, if temporarily dormant soft antisemitism limited to the social sphere. Early Israel was modeled on inverting the experience of diaspora Jews by stressing disproportionate strength, creative energy, and pro-active modes of being, which provide the impetus and mentality reflected in the Dahiya Doctrine. The doctrine can also be seen as a metaphor for Israel’s worldview. Indeed, the pre-Israel image of the urban Jew was replaced by the agrarian idealism of early settlements of Jews in Israel, glamorized by claims of ‘making the desert bloom’ and the social idealism of the kibbutz movement of communal living in self-enclosed rural ethnic enclaves. Later Judaism, especially after the 1967 War was caught up in the materialist and militarist dreamland of modernity, the prevailing Western ethos of neoliberal globalization. and the resolute ambition to establish stable security and permanent boundaries unilaterally, by force as necessary, in the course of realizing the goals of a Greater Israel. This meant defying the two-state mantra that was the preferred declared position of Israel’s most influential supporters in the Global West, including the US. Despite all that has changed, the Biden presidency continues to favor, at least in public, Palestinian statehood; only the Trump presidency between 2017-21 seemed content with an outcome that either denied a state to Palestine altogether or offered a token state with virtually no sovereign rights.

In concluding, these views on the Dahiya Doctrine and Hannibal Directive can be regarded as specific to the use of international force by Israel against its adversaries free from any sense of obligation to show respect for settled international law or critical public opinion. These formulations can also interpreted as metaphorical illuminations of Israel’s distinctive approach to the pursuit of its national interests and security as a state among states. It is distinctive because its openness and rejection of the normative order of law, morality, and institutional authority that is widely treated as the basis of global governance. This enactment of 21st century settler colonialism is taking place in a global setting that denies the legality of colonialist claims and affirms the rights of resistance to those subjugated, much less victimized by apartheid, atrocities, and now a genocide adopted vengefully and as the ultimate instrument relied upon to ensure ethnic dominance.

2. How does the Dahiya Doctrine fit into the prevailing laws of war?

3. How is the Dahiya Doctrine being implemented by the Israeli military in Gaza?

The Legacies of David Krieger and Robert Oppenheimer: Iconic Signatures of the Nuclear Age

15 Mar

[Prefatory Note: On March 14 at the local Music Academy concert hall I gave what was called the ‘keynote address’ in the program of a memorial event honoring the personal and political legacy of David Krieger, the President of the Nuclear Age Peace Foundation here in Santa Barbara, California. In this slightly modified text below I stress the comparison between Oppenheimer the film and Krieger the civil society star anti-nuclear activist as well as the persona of these two extraordinary individuals.]

Let me begin by adding my greetings to those many members of David’s family that are here among us on this most special occasion– at once solemn in our remembrance of loss and celebratory in our sense of David’s lifetime dedication to what Lincoln called ‘our better angels.’

And a warm welcome to those others gathered here today in friendship and admiration for a life well and meaningfully lived by David

I feel moved and challenged to be part of this remembrance of David, coming a few days after the question of nuclear weapons was brought before the American people by the many honors heaped on Christopher Nolan’s Oppenheimer at the Academy Awards ceremony. I believe it accurate to suggest that not since the Cuban Missile Crisis of 1961 or perhaps even the atomic attacks on Japanese cities at the end of World War II has there been such public attention given to the dangers of nuclear war by ordinary American citizens. Of course, this flurry of concern was abetted in a variety of ways by the nuclear diplomacy of Vladimir Putin, which can be best understood as both a threat and a warning. It seems to be sending a message to the West that Russia is ready for nuclear war if the US escalates its involvement in the Ukraine War by sending US troops to fight alongside the Ukrainians, a course of action many of us oppose for reasons additional to those associated with Putin.

The loss of David in 2023 given these background circumstances reminds us of his lifelong dedication to ridding humanity of the nuclear menace both by educating Americans and others about the apocalyptic dangers of nuclear war and by his sharp criticisms of the distressing embrace of nuclear weaponry by the US Government and its main alliance partners during the Cold War and ever since. This embrace included the bipartisan failure to comply with international law, most explicitly with Article VI of the Nonproliferation Treaty requiring nuclear weapons states to seek in good faith nuclear disarmament. In a more personal sense David left us at a time when I know that he felt that his successor as President of the Nuclear Age Peace Foundation would provide the same commitment, energy, and inspiration in providing the same practical leadership that so vividly defined David’s professional and spiritual identity. I know that I speak for the entire Board and Staff of the NAPF when I say that we all share David’s sense that the Foundation is in the best possible hands under this leadership provided by Ivana [EEVENA] Hughes; we could not be more fortunate having Ivana [EEVENA] as David’s successor, which I am glad to report is a view that David fully shared.

My own special friendship with David stretching over a period of more than four decades combined three dimensions that I have experienced with no other person on this or any other planet—first, an abiding love of poetry as a source of deep knowledge of truth, the good, and beautiful, as stretching our sense of reality beyond what is expressible in ordinary language, and also as poets taking on the most challenging of spiritual practices, secondly, our shared love of tennis as an exalting and satisfying, if at time frustrating blend of sport and fellowship, and thirdly, our shared sense of horror and fear with respect to all that was associated with past, present, and future of nuclear weaponry. This last gave rise in David to a resolve not to be a passive observer in this wrong turn taken by the human species but to embark on a lifelong commitment to do everything within his power to work toward the abolition of this infernal weaponry not primarily to avoid himself experiencing such a culminating human tragedy but more so for the sake of those he loved, of yet unborn future generations, and on behalf a benign destiny for humanity.

We also talked quite often of a fourth shared enthusiasm, which would involve nurturing our fondness for the game of chess. Perhaps, because it might have served as a way of testing our relative abilities we never got around to it, and in this sense it was undoubtedly my good fortune to advert humiliation as we, somewhat suspiciously, never did find an opportunity to match wits in this manner. Another aspect of this special friendship was the closeness of our two families, as more broadly shared with Imaging and Gerry Spence, reinforced by the closeness of my wife, Hilal, with Carolee and Mara, David’s ever so faithful and loving partner and his beloved, amazing daughter.

I know that others more qualified than I have read and will be reading some of David’s poems, but I wanted to frame my remarks by a poem that expresses with devastating concisenss the morbid hypocrisy of those standing guard over our arsenal of nuclear weapons and continuing to this day to do so with a smile of national self-righteousness:

A Short History Lesson: 1945

August 6th

Dropped atomic bomb

On civilians

At Hiroshima.

August 8th:

Agreed to hold War crime trials

For Nazis.

August 9th:

Dropped atomic bomb

On civilians

At Nagasaki.

I have had the odd personal experience of knowing both David as a cherished friend and Robert Oppenheimer as a somewhat irksome acquaintance. I found an unusual mixture of convergence and divergence in my experience of these two extraordinary individuals. Both of their lives were publicly defined by ‘the bomb,’ Oppenheimer by its development, use, and later as a victim of a witch hunting brought to the fore by his morally driven belated opposition to any development of this weaponry beyond its atomic bomb stage.  David became what he was by his horrified reaction to the use of the bomb, anti-nuclear activism reflecting his belief that only people could bring the pressures needed to make governments possessing advanced nuclear technology to give it up , and that his form of engaged citizenship in the Nuclear Age was to exercise civil society leadership in advocating abolition.

In contrast, Oppenheimer never wanted to relinquish altogether the fame he acquired by being widely known as ‘the father of the A-Bomb’ or for that matter his access to top-secret classified documents relating to national security. David had no ambivalence about his opposition to the use of atomic bombs against innocent civilian populations at a time in World War II when diplomacy could almost certainly have achieved the national goal of obtaining Japan’s surrender, while Oppenheimer took satisfaction in the success of his mission, including even the use of the weapon, although he later came to fear and oppose further development, specifically with H-Bomb technology that proved to have an explosive force that was 1000 times greater than the bombs used against Japanese cities. It is this posture which got him into unpleasant trouble with the militarist and foreign policy establishment whose eyes were firmly fixed after 1945 on geopolitical supremacy for the country based on military and economic dominance, and not peace and justice for the world. In a sense, Oppenheimer’s life is a metaphor for the red lines that make working within the structures of government for a more peaceful world dangerous and futile, while David’s life enjoyed the benefits of moral purity but was  tormented in anguishing ways by the frustrations of mere citizenship in a country that would not act in accord with its proclaimed values, including respect for international law and the United Nations. Both lives will be forever intimately connected with the realities of ‘the nuclear age’—by their shared opposition to the persistence of nuclearism and by their divergent paths of rejection from within and frustrations from without the established political order. I am sure Ivana will find creative ways of keeping alive this dual pedagogical legacy of both David and Oppenheimer as continuing exemplary figures in this ongoing struggle to avoid a future war fought with nuclear weapons.

Again to speak personally, it was my privilege to have learned from these two iconic figures, although far closer in mind, heart, and soul to one than the other. Let me end with a poem written by David in 2020. I have selected it because it so gracefully expressive of David’s rare comprehension among we Westerners of right living, right feeling, and right knowing:

Wisdom Is…
available to all, but rare
distilled from experience
advanced by dialogue
listening carefully
thinking deeply
doing what is right
selecting good over evil
speaking truth
acting with integrity
living simply
being kind and compassionate
demonstrating courage
learning from nature
Questioning
following the Way (Tao)
helping others
striving for peace with justice
being humble
choosing hope
persevering

Richard Falk, Santa Barbara, California, March 14, 2024

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

9 Mar

[Prefatory Note The post below is long. The article is devoted to several of my recent central concerns. It was initially published in Global Community:Yearbook of International Law and Jurisprudence, superbly edited by Giuliana Ziccardi (Oxford, 2023). Comments and conversation warmly invited. Adapted from annual Edward W Said Memorial Lecture entitled “The Enduring Legacies of Edward Said,” The American University in Cairo, Nov. 4, 2023]

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

Richard Falk

Abstract

An exploration of forms of interaction bearing on the assessment of advocacy jurisprudence. This entails underlying reflections on relations between

scholarly identity and public engagement as contextualized by Israel’s military response in Gaza. to the October 7 Hamas attack, featuring a comparison between partisanship in legal inquiry and in the interpretation of literature. It also involves a jurisprudential orientation that presupposes the inevitability of partisanship and favors an explicit acknowledgement rather than pretensions of objectivity, which implies my bias against legalism and its replacement by a disciplined insistence that political and moral contexts be brought into the open. The overall rationale for such an approach is to seek a better alignment between law as practice with justice as the embodiment of humane values exhibiting universal criteria. Although these considerations apply to any legal system, the preoccupation of the article is with conceptions and applications of international law.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence*

Richard Falk**

Prelude

My career as a teacher and writer on international law has been devoted to realigning law with justice, which involved identifying and deconstructing Orientalist biases that reflected early European tendencies to use law to advance geopolitical interests while simultaneously promoting a llegitimating ideology of civilizational and racial superiority with countries associated with the Global West.[1] Of notable prominence in this regard, was the use of international law to accord legal respectability to European colonialism, including settler colonial offshoots in North America, Australia, and New Zealand. Jurists played their part by validating colonial relationships and obscuring the cruelties of colonialist behavior in many settings, including the acceptance of practices and policies now proscribed as ‘genocide’ but were treated neutrally as falling into the domain of conflictual politics, that is, beyond the limits of legal accountability so long as the perpetrators were white Christains and the victoms were persons of color. Only when the victims were ‘European’ as with the Armenians (1915) and later, the Jews, was the idea of criminalizing such behavioral patterns given a name and taken seriously as ‘the crime of crimes.’ Yet the racist/civilizational elements have not been fully eradicated as the political violence in Gaza illustrates where the Palestinian victims are dehumanized and the Israeli perpetrators are given legal cover by speciously inapplicable claims of self-defense.

In the course of seeking concretely to align law with justice I often found greater inspiration and kinship less with my law colleagues in the Global West, with some notable exceptions, and more  with what we now identify as dissenting public intellectuals in such cognate disciplines as cultural studies, history, humanities, and social science. In this personal professional trajectory I found Edward Said’s work and public life to be inspirationally congenial as well as motivated by similar humanistic goals that I loosely associate with justice, an admittedly subjective category that needs to be explicated in concrete circumstances.[2]

There are admittedly unsettling features of such a jurisprudential standpoint. The epistemology underlying such a viewpoint adopts certain juridical points of light while rejecting others and interprets them in context, such as the prohibitions imposed on genocide, apartheid, and ecocide, or the Charter llimitations on the use of force in international relations. In almost every concrete instance there is room for contradictory interpretations of what the law prescribes, suggesting that all assertions of unlawfulness or humanistic claims of justice involve advocacy, either for or against fand seek distance from the artificial clarity insisted upon in mainly prevailing legal traditions that strive for an ideals of objectivity.[3] Those that do government lawyering, perhaps motivated by ideology, ethical conceptions, or notions of stability and balance, are similarly selective in interpreting facts and law so as to ensure that international law conforms to their preferred foreign policy commitments. Law functions in such settings as a source of justification, and the articulation of intellectual support in scholarly or journalistic settings is also premised on advocacy jurisprudence, although typically disguised for the sake of persuasiveness. Such work is performed by what might be called ‘assenting public intellectuals’ who characteristically have access to the most influential media platforms as well are welcomed in the corridors of government. To reverse the slogan of dissenters, it is a matter of ‘power talking truth,’ which perceived by oppositional tendencies in civil society as legal cover for state propaganda.

It is my intention here is to discuss law and geopolitics in the inflamed atmosphere of the ongoing high intensity violence taking place in Gaza, alleged to be a response to the Hamas attack in a series of Israeli border communities on October 7, 2023. Edward Said’s life and work as a Palestinian public intellectual living in America seems highly relevant to gain insight into my underlying objective of achieving a better alignment of law and justice. Justice is here conceived in a first approximation as overcoming the hegemomic, hierarchical, and racializing nature of international law in its historical, cultural, and political roles as validating the civilization behavior and biased of the Global West/ A second approximation by reference to contemporary instruments of international human rights law, international humanitarian law, international criminal law, as well as the Nuremberg Principle and certain provisions of the UN Charter.[4] A third approximation occurs when a judicial tribunal issues a judgment that draws conclusions as to the law on the basis of considering the positions advocated by the contending parties. A fourth approxiximation occurs at levels of enforcement and accountability.  

Without the strong support of Proofessor Giuliana Ziccardi, as the exceptional veteran editor of the Yearbook I would not have had the courage to attempt to link what was originally a lecture on the life and legacy of a great public intellectual in conjunction with my efforts to align law with justice in international public discourse and even more so in the behavior of sovereign states. 

Edward Said’s relevance

It would be insensitive to any remembrance of Edward to frame my reflections on his legacy without also highlighting the uncertain, presently unknowable significance of the extreme gravity of the historic tragedy deeply afflicting the entire, previously long abused civilian population of Gaza explained and now justified by Israel as a response to the Hamas attack of Oct 7th. With each passing day of devastation and atrocity associated with Israel’s military attack, the Hamas provocation, terrible as in its own way it was, it seems increasingly detached from Israel’s extended response. Israel tries to keep the connection to the attack relevant to its disproportionate response by stressing the plight of an estimated 240 or more hostages being held by Hamas, itself a distinct war crime, and by media reports about the deep fissures in Israeli confidence that they were living in a secure atmosphere.[5] Yet as far as public disclosure so far reveals, Israel’s government fails to negotiate a prisoner exchange, and engages in an an unlimited attack that does not seem to offer much of value in exchMy attempt is to reflect on Edward’s amazing legacy while contextualizing these remarks in the current agonizing encounter that are darkening the storm clouds that have long haunted the future of the Palestinian people.

A Few Words on Edward’s Life

When thinking about what aspects of Edward’s varied, vivid personality and wide range of valuable writings I first felt overwhelmed. I took the easy way out by deciding to speak somewhat generally about Edward’s extraordinary legacy that makes his life, ideas, and perspectives more relevant 20 years after his death than when he was alive. Few scholars gain by their publications Edward’s influential intellectual afterlife.

It is difficult to talk about Edward without understanding what he meant to convey in his praise for a dissenting ‘public intellectual.’ Edward’s wished to affirm those for whom their signature trait was truth-telling and bearing witnessing to performative evil, especially embodying the public authority and the power of the modern sovereign state.

In a revealing interview with Tariq Ali not long before Edward’s death he acknowledged some related worries particularly by what he called ‘the commodification’ of public intellectuals in the US, personified by the then media stardom of Henry Kissinger and Zbigniew Brzezinski, two smart persons who clearly antagonized him by using their screen time to advance an imperial agenda on behalf of their preferred American foreign policy. More generally, Said felt that the think tanks in Washington were stealing the thunder of progressive thought and the high quality of debate that he hoped to engender in university settings and academic writing. It is my sense that that we as citizens are daily exposed to a post-truth public discourse currently deployed, and relied upon, by many world leaders that is far more regressive and alienating than the deteriorating role of public intellectuals that had so concerned Said while he was still alive. Part of what makes this discourse historically now so menacing is that it is rarely challenged by high tech media even in the constitutional democracies that continue to proclaim their political virtues of welcoming debate and tolerating dissent, now best constued as an Orwellian trope that obscures more than it reveals.

It is impossible to consider Edward’s legacy without venturing comments on the experience and contents of his breakthrough book, Orientalism.[6] It was this book that brought Edward fame but also several (mis)readings that bothered him deeply. Edward’s culturally grounded erudite approachto the relations of the West to the Arab world was always nuanced, pointing to the diversities and cultural failings on both sides of the civilizational divide. This made reductive interpretations of such dualisms as speaking of ‘the Orient’ or generalizing about ‘the Orientalist’ deeply misleading. Of course, Edward may have contributed to the confusion by his hostility to Bernard Lewis and his Arabist acolytes’ presentations of the Islamic world. He found such cultural stereotypes well-suited to adoption by imperialists in the post-colonial West as a policy tool, but more because of their policy agenda than their embrace of negative stereotypes about the Arab world and its behavior. There were other scholarly voices in the West whose academic assessments Said found desrving of attention, and often congenial even if containing criticisms of various aspects of Arab behvior. In other words, not all who studied and wrote about the Arab world were guilty of the sins of Orientalism.

Said was most convincing when arguing that the literary works in colonial Europe gave a moral underpinning to colonizing mentalities. These works brilliantly analyzed by Said did, perhaps unwittingly, serve indirectly the dark designs of imperial activists, and still do. It was a major contribution of Orientalism to make many aware of the Orientalizing tendencies of those seeking to exploit the resources and manipulate the strategic outlook of Islamic World elites in the Middle East.

It is such an implicit framing of the Zionist movement of forced displacement and subjugation of the native resident population of Palestine that underpinned Said’s profound critique of Israel’s 1948 celebratory self-righteous narrative. This narrative for Palestinians will be forever memorialized as the nakba, of catastrophe and exclusion that was not only something that happened in 1948 but describes a process that has continued ever since, and is now is in the midst of one of its most traumatizing iterations. It is this Israeli sense of imperial destiny that is currently continuing the gruesome work of justifying forced displacement and dispossession of the Palestinian people living in northern Gaza, an undertaking done with distressing ferocity. The rationalizations emanating from Tel Aviv are situational, but the impact on Palestinian normalcy are similar, reawakening the nightmare of 1948. Yet in Orientalist centers of power of the West what shocks and angers most of the non-Western world as genocide is claimed to be permissible because characterized as a response to ‘terrorism.’[7] By the use of this word alone Israel frees itself from any need to claim it was acting within the law. Supposedly, the T-label confers on Israel a legal entitlement to forego any pretense that its response to the October 7 attack is proportional and properly restricted to military targets. Israel’s hasbara fictionalizes and distorts the realities of what is happening that either disseminates falsehoods or deflects attention from unpleasant truths.

In contrast, the Palestinians, and the Arab street and peoples of the Global Souh spread throughout the world, including many less educated people than the pro-Israeli policymakers in the West are not fooled. They are moved to take spontaneous action by fiery images of huge bombs dropped on crowded refugee camps and on hospitals filled to capacity with wounded or dead infants, children, and severely injured adults. The peoples of the world, including many in the Global West, are smart enough to believe what they see and put aside the propaganda that they hear, becoming enraged by the steady flow of lame excuses for atrocities put forward by apologists and genocidal ideologues in Israel and their powerful allies in the Global West.

As with Orientalism it would be perverse to address Edward’s legacy without revisiting his approach to Israel/Palestine struggle. The special resonance at this time is certainly worse than what Edward’s darkest imaginings anticipated when contemplating what was the future of Palestine and its people twenty years ago.

While Edward was alive, the unresolved conflict involving Palestine increasingly defined his identity as a public intellectual. As well, the sufferings of the Palestinian people caused him great personal anguish. Edward came to possess one of the few keys that if properly turned decades ago might have avoided much of the ensuing misery for both peoples, allowing Jews and Arabs, despite their historic missteps to learn to live together peacefully and justly, rather than engage in what has become a macabre death dance. Edward’s humanistic vision of what should and could have been now seems as remote as the most distant star in the galaxy.

The horrifying events of recent weeks in Gaza account for this less comprehensive treatment of Edward’s legacy, but is not meant to detract from the pertinence of Said’s legacy to the Palestinian fate. These days it would be escapism, indeed denialism, to downplay the preoccupying bloody atrocities occurring in Gaza. In my view, it is not only Palestinians that are the victims. By its recourse to overt genocidal behavior Israel and Zionism have also irreparably tarnished their reputation, and that of Jews generally, overshadowing the prior historic horrifying experiences of victimization endured by the Jewish people and modernizing successes of Israel. Critical observers long have understood that Israel’s gains were achieved at a great human cost. Israel is now putting itself at risk of being perceived the world over as the most disreputable pariah state of our time.

The catastrophic events daily unfolding in Gaza also encourage a departure from standard academic ways of remembering a cherished scholarly friend from a safe aesthetic distance. Previously I might have mentioned a few anecdotes that displayed Edward’s joie de vivre and essentially comic sense of life. He was great fun to be with despite frequently teasing friends and colleagues in challenging ways, especially expecting friends to do better, whether it was on a tennis court or by an engagement with the Palestinian struggle.

It was my good fortune that our lives touched one another at several levels. Such contacts were apart from the convergence of our shared political commitment to a just and sustainable peace between Israel and Palestine, and elsewhere. To begin with, we both had close ties to Princeton University (Edward thrilled my graduate seminar by taking over the class each year for one session, which had its downside as I had to teach those same students the following week). Edward’s political mentors, Eqbal Ahmad and Ibrahim Abu-Lughod were separately my close friends and the four of us formed a kind of braintrust on Palestine/Israel that met periodically in Edward’s Columbia office. Beyond this, we both over-indulged racquet sports pretending that their value in our lives was partly free psychotherapy. In addition, our children became friends. My first secret adolescent crush was inspired by the daughter of my father’s closest friend who mfany years later she married Edward’s PhD advisor at Harvard with whom he became a lifelong friend, with droll side effect of reconnecting me with this lapsed romantic phantasy of my youth.

Of course, there were also fundamental differences in our lives and identities, which seem relevant to the nature of Edward’s particular worldview and ways of ‘being-in-the-world’:

–Edward’s birth in Palestine, childhood in Egypt, and adulthood in America gave him that ‘out of place’ sense of exile that his early memoir made famous, an image which puzzled others who regarded him as a role model of super-success in academic America. Yet as his enticing autobiography makes plain his sense of not fully belonging anywhere, while emotionally confusing for him at times, allowed him to feel somewhat at home everywhere. This hybridity was integral to his envisioning of reality as combining an intense national outlook associated with his ethnicity to a high culture brand of humanist cosmopolitanism.

In contrast, I was spatially exclusively rooted in the American experience from birth, but as I grew to maturity, so much so as to tempt me to say that I was ‘out of place, in place.’ Gradually I became more marginalized almost to a point that could be labeled a form of voluntary ‘inner exile.’ This strange identity became even stranger when combined with a later sense of being a partial expatriate (mainly thanks to my Turkish wife and the time we annually spend together in Turkey);

–To summarize, Edward and I, in our different ways, despite our different life trajectories, were both inside/outsiders, never rejected by our surroundings but neither were we fully accepted or accepting; although ironically Edward increasingly nurtured and clarified his sense of belonging almost exclusively to the torments and dreams of the Palestinian nation, while I continuously diluted my taken-for-granted childhood sense of belonging to the American nation (and even more so to the American nation-state);

–undoubtedly the biggest difference between us was that Edward wrote Orientalism, with its worldwide persisting influence and impact, while I wrote books on international law that few read unless they were forced to do so by the few idiosyncratic progressive law teachers, always an endangered species in corridors of legal studies, at least in white settler colonial societies.

 Israel’s War Against the People of Gaza  

Despite the extreme grimness of the topic, as indicated, there is no responsible way to evade further commenting upon the horrifying Israeli response to the Hamas attack of October 7 as it relates to Edward’s legacy. This response dangerously reinforced by crucial diplomatic cheerleading and funding support by the United States, climaxing so far in the provocative movement of two aircraft carrier groups into the Eastern Mediterranean. Leading EU members along with the UK went out of their way to lend Israel a helping hand. In view of the ongoing genocidal saga in Gaza this is such a deeply disturbing and dangerous set of developments as to shape the present political consciousness of almost everyone. It has become as the bombs continue to fall in Gaza, especially in Middle Eastern venues, to consider anything other than this unfolding multi-dimensional crisis transparently and vividly portrayed day and night on TV, making the events in Gaaz the most globally transparent instance of genocide in all of human history.

I believe this change of emphasis from what I had originally intended is faithful to the personality, character, and commitment of Edward Said. He possessed remarkable gifts of merging analytical mastery with a passionate ethical/political immersion in the historical present. Confronting what is happening in Gaza, and how it illuminates what is wrong with Israel and the Global West would have certainly aroused in Edward the most intense response of outrage, not only directed at the genocidal policies animating Israel’s leaders cruelly carried out a series of massacres against a totally vulnerable and captive civilian population of Gaza. This ordeal is epitomized by the death, maiming, and traumatizing of every child of Gaza, an outcome of the documented bombing of hospitals, medical convoys, refugee camps, schools, UN buildings. This extreme devastation is further aggravated by the official blood curdling Israeli decree issued by Israel’s Minister of Defense a month ago that totally cut off all deliveries of food, electricity, and fuel to the already impoverished Gazan population, a community already heavily burdened by the world’s highest unemployment and poverty rates, a consequence of 16 years of an economy-crippling blockade. If this were not enough, the Israel attack was waged in a manner that accentuated these terrifying conditions, most unacceptably by the impossible forced evacuation ordering 1.1 million Palestinians in the northern half of Gaza Strip to abandon their homes and livelihoods to go South with no place to go, no safe way to get there, and once there with no place to live and no prospect of a job. This was a fiendish mandatory directive that could neither be followed nor ignored, a nightmare in real life beyond even Kafka’s darkest imagining.

I am quite sure that if Edward was addressing an audience anywhere in the world he would also vent his rage at the complicity of the US government and the refusal of the corporate media to fulfill its commitment to approach world news as if truth and reality were truly its mission. What we find in much of the top tier media in the West is a style of news coverage that is generally faithful to the biases of government policy that has been energetically promoting the dissemination of a pro-Israeli narrative throughout the ‘war’ on Gaza. These views are backed by belligerent government spokespersons and think tanks in Washington that continue even now to present the crime of ‘genocide’ as if it is an instance of justifiable ‘self-defense.’ Instead of giving some attention to responsible critics of Israel’s behavior, even realist mainstreamers like John Mearsheimer, Stephen Walt, and Anatol Lieven, the most respected TV news channels, such as CNN, repeatedly invite as their guests IDF spokesmen or leaders, and an endless stream of generals and Washington foreign policy experts in the West who tend to dwell on the tactical obstacles facing Israel’s unquestioned alleged mission of destroying Hamas as an organization and killing as many of its leaders as it can find. The commentary rarely complicates the portrayal of Hamas as ‘terrorists’ although it often meaninglessly and disingenuously cautions a defiant Israel to conduct its future operations within the limits set by international law and with due regard to the protection of civilians. This is a ridiculous bit of guidance given the complete failure to criticize Israel’s ongoing reliance day after day on Israel’s lawless tactics and decrees from its leaders that lend unquestioning support to the toxic action of its military forces, seem intent on inflicting devastating damage on the person and property of Gazan civilians with no established link to Hamas, and utterly contemptuous of critical voices.

If we are to gain a measure of objectivity it is necessary to deconstruct the main items of state propaganda that has muddied the waters of understanding Gaza violence throughout the Global West, while as noted not fooling the street protests throughout most of the rest of the world. Five points stand out in this regard:

     –first of all, the reductive presentation of Hamas as a terrorist organization when in fact it is the elected government of an Occupied Territory subject to the 4th Geneva Convention which outlines the obligations of the Occupying Power, with a special emphasis on the duty to protect the civilian population.

     –secondly, the manipulative identification of Hamas as nothing other than October 7 attack, which if it is as it seems to be, is certainly an undertaking, however provoked, fraught with extreme criminality and patent cruelly. The Hamas attack even if as barbaric in its execution as being portrayed, and on the basis of past reportage there is reason to be suspicious of Israeli battlefield justifications, overlooks other facts that more adequately delineate the true identity of Hamas. Hamas after being elected and taking control of the Gaza Strip from a corrupt and passive Fatah leadership associated with the Palestinian Authority has been administering Gaza since 2007 despite it being controlled by Israel as the world’s largest open air prison, its inmates further victimized by a punitive blockade years ago described by Israeli official advisors as explicitly implemented to keep all Gazans on a subsistence diet. Whatever else, Hamas is an elected political actor that since 2006 has been representing the people of Gaza, and as such is entitled to exercise rights of resistance although subject to limits set by international law.[8] Hamas earned legitimacy and Pa;estinian respect as a continuing and leading source of active resistance, something that has at least since Arafat’s death in 2004 eluded the international representation of the Palestinian people by the Palestinian Authority despite its well-known collaborative security relationship with Israel, especially resented in the West Bank in recent years.

It should be appreciated that the commission of a war crime, however heinous does not reduce a political actor to such an isolated act that make its reality reducible to an embodiment of terrorism. If this logic prevailed Israel would have been a terrorist movement from the early days of the Nakba in 1948, and many times over before and since.[9] Extreme crimes of a non-state and state actors were perpetrated by the Zionist movement before 1948, and by Israel subsequently. These documented crimes included ‘collective punishment’ (Article 33, Geneva IV) and ‘apartheid.’[10]

In the midst of the Israeli retaliatory fury the UN Secretary-General, Antonio Guterres, tried his best to overcome the good versus evil dualism of Israeli hasbara, as propagated in the West, by telling the assembled governments at the UN that the Hamas Attack, which he joined in strongly condemning, did not occur in a vacuum, which indirectly references Israeli crimes of oppression and Palestinian rights of resistance. For daring to speak truth to power Guterres was pilloried by Israel for suggesting, however mildly and indirectly, that Israel had severely provoked the people and Hamas leadership of Gaza for so long and cruelly that violent acts of resistance were the almost inevitable response, and as such called for self-scrutiny rather than a self-blinding orgy of vengeance. Once more Israel greeted criticism with an angry exaggerated response, demanding the resignation of Guterres and calling this self-evident truth a blood libel against the Jewish people. In this feverish pushback, it fortunately failed in its declared objective, and yet it achieved its most serious intended result of repudiating truth-telling and debate and shifting attention from the message to the messenger. What is remembered is not reminding governments of the context of the Hamas attack, but rather whether the call for the resignation of the Secretary-General was justified or not.

     –thirdly, even those seeking a post-Hamas role for the PLO and PA in Gaza with the status of being the sole continuing international representative of the Palestinian people, acknowledge an unspecified need for what is described as the ‘reconstituting’ of the PA. In coded language relying upon the abused word ‘moderate,’ it seems widely understood by Israel’s supporters as implying zero tolerance for the assertion of internationally certified legal rights of armed resistance and a low-profile advocacy of legal rights of Palestinians including the muting of objections to West Bank settlements and their further expansion. Such restrictions on Palestinian reactions to unlawful Israeli settlement expansion, land grabbing in the West Bank, and settler crimes against the occupied native population being carried out in an atmosphere of impunity and further often facilitated by the greenlighting of Israeli security forces to refrain from offering protection to Palestinians in the face of violent harrassment. Security restrictions imposed on West Bank political activity disappear when it is the Jewish settlers rather than the Palestinian residents that embark on a violent rampage that kills and wounds even those Palestinians who have sullenly adapted to their fate as a permanently oppressed people living according to the whims of an apartheid regime. It is instructive to compare Israel’s middle of the night terrorizing arrests carried out against stone-throwing children or their predatory attacks on Palestinian rituals associated with the harvesting of olives with the forbearance exhibited toward the lethal violence of the Jewish settlers;

     –fourthly, this settler phenomena, itself a direct, defiant, continuous, and massive violation of Article 49(6) of Geneva IV, is the current combat front line of Zionist militants who have long sought sovereign control over the West Bank, and its encouragement is directly subversive of any prospect of a two-strate solution, which despite this, remains the international mantra of advocates of a peaceful solution. One is led to wonder whether this advocacy is a cynical recogniztion of the futility of exerting real pressure on Israel or an example of evasive and naïve wishful thinking. In this sense, as with a skilled magician, some Israeli leaders seem content to have public attention preoccupied with Gaza rather than paying critical attention to the real endgame of Zionist maximalism, which centers on achieving Israeli sovereign control over the West Bank, the only part of ‘the promised land’ yet to be reabsorbed into the Jewish supremist, apartheid state of Israel. While we rightly weep over the acute suffering of the Gazans, we should also be taking a hard look at the simultaneous tolerance, more accurately interpreted as encouragement, by Israel’s leaders of escalating settler lethal violence and ethnic cleansing politics in the West Bank.

As with Gaza, the Israeli settlers are not shy about revealing their goals by way of menacing threats directed at the Palestinians. It went almost unnoticed in the Western media that after a recent violent settler demonstration in the West Bank, leaflets were affixed to Palestinian cars in the neighborhood with a simple chilling message ‘leave or we will kill you;’

     –fifthly, it needs to be stressed that the present unity government in Israel is put before the world as a temporary ‘war’ response to Oct. 7.  It was intended to underscore the war narrative, and the need to overcame earlier sharp divisions among Jews about the nature of the Israeli Jewish state. It seems true that the current unity government reflects a broad ethnic consensus among Israeli Jews that ‘vengeance’ without restraint was justified in response to the Hamas attack, and indeed alleged necessary if Israel was to avoid future attacks. More tangibly this meant for those so believing, finding an alternative to Hamas to administer Gaza in ways that curbed Palestinian militancy, whether from Hamas or other Palestinian groups of which Islamic Jihad is best known but not the only one. Liberal Zionists tend to argue that such a policing approach has almost no chance of succeeding on its own in restoring Israeli security unless tied to a peace proposal. To have any chance it needs to be combined with giving the Palestinian people a collective belief that a fair peace can be peacefully achieved within the framework of a two-state solution. Such an envisioned future presumes that Israel is finally prepared ‘to walk the walk’ of a two-state solution comprising at the very least inclusion of the West Bank and East Jerusalem as the capital of the new Palestinian state, as well of course as Gaza. As of now, such a future is the stuff of dreams, and lacks a grounding in the realities of either Israel or the US to be a viable political project.

I find this moderate option to be a totally dubious day after tomorrow scenario—most of all because the Netanyahu-led government emphatically doesn’t want it, and never has; it has almost been erased in our collective memory that the Netanyahu coalition that took control at the beginning of 2023 was generally described even in Washington as the most extremist government when it came to the Palestinians during the entire history of Israel. If Tel Aviv has its way, and now may have more latitude than in the past to establish ‘Greater Israel’ under the smokescreen of Gaza and geopolitical worries about a wider war further damaging the world economy and destructive of fragile regional stability. I firmly believe that this total rejection of Palestinian territorial grievances and rights under international law is at the core of Israel’s real Peace Plan.[11]

Even in the highly unlikely event that Netanyahu is forced to resign for his responsibility in the Oct 7 intelligence/security failure, and the Netanyahu extremist coalition government collapses, this kind of future for Israel/Palestine seems a non-starter. Over half a million settlers in the West Bank will fight Tel Aviv rather than having their expansionist ambitions thwarted by implementing any kind of agreement that requires a durable and humane accommodation with the Palestinians. At minimum a sustainable peace presupposes a Palestinian governing authority that has credibility with most Palestinians and a freeze on further settlement construction or more radically, arrangements for a coerced settler withdrawal to within Israel’s pre-1967 Israel borders. It would also necessitate an Israeli willingness to dismantle apartheid within its own state and implement rights of return for long languishing Palestinian refugees in neighboring countries. Even mentioning the magnitude of these adjustments suggests that liberal Zionists living around the world in secure diaspora conditions have little insight into Israel’s resolve to complete the Zionist Project on its terms, and to accept a variety of political costs associated with such an ambition.

As of now the most probable morning after tomorrow setting is likely to produce Israeli victory claims in Gaza, Hamas nominally replaced by a secular grouping of moderate secular Gazans Israel thinks it can rely upon, and a continuing Israeli effort to secure sovereign control in the West Bank, which implies further measure of ethnic cleansing and is virtually certain to produce a new cycle of Palestinian resistance. The Palestinian response if faced with such prospects will undoubtedly shape new modes and styles of resistance reinforced by a greatly increased global solidarity movements at the grassroots level of people, with the UN essentially silent, and even Western governments wary of continuing unconditional support of Israel. If resistance is sustained in effective initiatives, and complemented by greatly increased support from the region and world, it might signal moves among Israeli elites of the type that produced the South African transformative response to the growing pressure from internal resistance and external solidarity initiatives to dismantle apartheid and constitute a new government based on inclusive human rights, including a long deferred Palestinian right of self-determination.

The outcomes in Gaza and West Bank, although weakening Israel’s standing regionally and globally may have the perverse effect of stiffening the Israeli willingness to risk everything by mounting a final campaign to erase the Palestinian challenge, and not primarily in Gaza, once and for all, even if this means a consummated genocide. It will be up to the mobilized peoples of the region, of the Islamic state, and of the Global West to rise up sufficiently to prevent the fulfillment of such a scenario. At present, there is no sign of this happening, but if the present onslaught in Gaza continues much longer and is accompanied by rising violence in the West Bank such an outcome cannot be ruled out.

Geopolitical Ramifications of Israel’s Campaign in Gaza

A first line of reflection in reaction to this series of alarming developments, is to step back from the immediacy of Gaza, and to suggest the relevance of the global context within which these events have occurred. Before Oct 7 and after the Feb 24, 2022 Russian attack on Ukraine some thoughtful persons began to be conscious that a contested geopolical transition was underway that could affect drastically the world order that emerged after the fall of the Berlin Wall and the implosion of the Soviet Union. The outcome of such a transition could be something that either mitigated or aggravated the dangers of major warfare that were evident before Oct 7.

In the immediate aftermath of the end of the Cold War, there was a burst of enthusiasm in the West, not only for victory over the Soviet Union and what it stood for, but for a more peaceful and prosperous world order. Hopes were invested in a new kind of economistic global setting in which market forces associated with trade and investment would create a benevolent future for the whole world, geopolitical rivalries and militarism would recede, with peace and security anchored in the diplomatic and defensive military capabilities of the United States, given credibility by the war-prone foundation of ‘full-spectrum dominance.’ This sequel to the Cold War, often labeled ‘neoliberal globalization’ was preoccupied with the financialization of the world economy, with government responsibility for the wellbeing of people diminished, while a growing need to meet an ominous ecological challenge caused by the modern carbon-based economy and known to the public by the soothing words ‘climate change,’ a situation best handled by multilateralism, that is, cooperative problem-solving on a global scale.[12]

The real breakdown of this Global West vision came by way of a series of profound order-challenging developments: the spectacular rise of China between 1980 and 2020, the Russian return to the geopolitical stage, and the unresolved conflict between the Islamic world and the West playing out in the Middle East, with oil and Israel being the core issues. In these respects, the Ukraine War and the Gaza War are parallel pivotal developments in these confrontations between the forces of order and those of change that few persons remain reluctant to talk about. Those that champion a  post-colonial reenactment of Western world hegemony as the best attainable framework for peace and security that humanity tend to be advocates of victory over Russian designs in Ukraine,  restraint of China in relation to the future of Taiwan, and wish for Israeli success in overcoming Palestinian resistance the completion of the Zionist Project by way of the formal establishment of Greater Israel.

In effect, this is an argument in favor of a transition to a revival of a world order dominated by the interests, political rhetoric, and economic priorities of the Global West as presided over by a US-led coaltion. The was the case in the aftermath of the other two global transformations of the past century: the end of World War II and the fall of the Berlin Wall, each of which coincided with defeats of fascism and communism, rival ideologies with their own conflictual world order agendas.

If considered from this wider perspective, the current Gaza/West Bank ordeal should be viewed as a conflict that is not just about Israel and Palestine. It is a conflict about the stability and structure of the region upon which many countries in the Global West continue to depend in meeting their energy needs. It also showcases Western fears and hostilities toward Islamic pressures whether from migration or anti-Western radical forms of nationalism.

This may help explain why, beyond the influence of Zionism, the U.S. has so blindly and unconditionally thrown its support to Israel despite its aggressive and discrediting behavior that undermines trust in the quality of US world order leadership. Israel has managed so far to retain the visible assurance of Western support no matter what it does to the Palestinian people and however arrogantly it flouts international law and the UN Charter. This reflects its strength as a strategic asset of the West and also its extraordinary influence on the domestic political life of the US and UK.

Looked at from the opposite angle, Hamas struck on Oct 7 not only to remind Tel Aviv and the world that the Palestinians were not going to stand by quietly as their presence was being publicly erased. Erasure is what Netanyahu seemed to boast about when he flashed before the UNGA in September 2023 a map of ‘the new Middle East’ with Palestine erased as a territorial presence in the region. This ethnic erasure was given further concreteness at the muddying of the waters at the G20 in September 9-10, 2023 meeting in Delhi that projected a Middle East corridor from India to the Arab World. Such an undertaking was widely interpeted to assume normalization of relations with Israel and the removal of Palestinian grievances from any relevance to this new policy agenda of the region.

The Middle East role in this transition from the post-Cold War reality has been openly ideologized as a new and latest phase of the West’s historic struggle against a reconstituted ‘axis of evil’ which the French leader, Emmanuel Macron, advocated within the framework of anti-terrorism. He put forward this controversial interpretation of world political trends while on a solidarity October visit to Israel during the attack on Gaza, in effect an anti-Islamic coalition of the willing was so overtly proposed in mid-October. He sought to downplay his openly civilizational initiative as an ‘anti-Hamas coalition,’ claiming resemblances to the anti-Daesh (or ISIS) coalition that emerged as a reaction to the US/UK invasion and occupation of Iraq in 2003, which included the dismantling of Iraqi armed forces. Macron seemed to magnify the already terrible drama of good and evil playing out in Gaza by referencing the connections with Hezbollah and Houthis, but also Syria, and above all Iran. Perhaps, also, it was Macron’s way of ingratiating himself to his Israeli hosts by deflecting attention away from the terrible happenings in Gaza to a wider conflict in which Israel was managing the conflict zone on behalf of the West.

This recourse to a systemic explanation of the Hamas attack recalls the once fashionable ideas of Samuel Huntington who in 1993 alerted the world to an anticipated post-Cold War reconfiguration of world politics as ‘a clash of civilizations.’ Huntington expressed his doubts that peace would follow the end of the Cold War, believing rather in the emergence of a new cast of adversaries hostile to the Global West.[13] Such a civilizational encounter would reconfigure militarized conflict rather than promoting peace, justice, development, and ecological prudence to form the basis of post-1989 world order. If we step back from the transparent immediacy of horror generated by Israel’s targeting of hospitals, refugee camps, and UNRRA buildings in Gaza, and interpret the wider reaches of this violent drama our picture of what is strategically at stake is considerably enlarged. Taking account of the relevance of Hezbollah, Houthi, Syrian, and above all Iranian solidarity with Gaza, as reinforced by the persisting large protest rallies in the city streets in Islamic countries, and indeed throughout the Global South, Huntington’s expectations of 30 years ago seem to be a prophetic prelude to Macron’s initiative as well as to the 9/11 attacks. Huntington’s words resonate anew as they formerly did when articulated just after the Cold War “[n]ation-states remain the most powerful actors in world affairs, but the principal conflicts will occur between nationals and groups of different civilizations…The clash of civilizations will dominate global politics. The fault lines of civilizations will be the battle lines of the future.”[14]

Others have elsewhere observed that the conflict between Western civilization and  Islam has a lineage that goes back 1300 years. Huntington’s ideological ally at the time was none other than Bernard Lewis who introduced an Orientalist twist by demeaning the whole of Islam as “a culture of rage” portraying those of Islamic faith, in Edward Said’s words, as nothing other than “a neurotic sexualized being.”

In a further twist, the Hamas leadership rationalized its attack on Oct 7 as a necessary way of conveying to Israel that the Palestinians were not going to consent to erasure. Further, in an inversion of the Western images of the Arab as responding only to force [see Raphael Patel, The Arab Mind (1973, updated 2007], Hamas argues with apparent plausibility that Israel only responds to force, and that Palestinian were led to mount an attack to awaken Israelis to the resolve of the Palestinians to resist erasure.

These contrary images of this clash of civilizational mentalities serves as an illuminating, if unconscious, backdrop for Israel’s Minister of Defense, Yoav Gallant, disgusting language describing the battle against Gazans in words that will be long remembered in the annals of genocidal rhetoric: “We are fighting against human animals, and we will act accordingly.” To so overtly dehumanize Palestinians, as well as  its demeaning negation of animals, could make the often insurmountable challenge of establishing genocidal intent easy for prosecutors to meet. Of course, the quoted phrase is further incriminating as its role seemed a public explanation of why food, electricity, and fuel would be totally cut off from any form of transmission to Gaza. All in all Gallant’s notorious decree is fully consonant with Israel’s practices during this past month of violence. It also gains relevance by the failure of Netanyahu or other Israeli officials to modify or in any way soften Gallant’s self-incriminating language. What Galant said is consistent with other statements by Israeli leaders including Netanyahu and by IDF tactics and public rationales confirming such attitudes toward the whole of the Palestinian people.

There is little doubt that the outcome of these two ongoing ‘wars’ will deeply influence the prospects for the stability and acceptance of Western worldwide post-colonial and post-Cold War economic, political, and cultural patterns of hegemony. The hawkish interpretation insightfully, if indirectly, regards the active and undisguised complicity of the Western governments in relation to Gaza as a matter of grand strategy rather than as a testimonial to Zionist influence. This is important to understand, although in light of the rising chorus of moral/legal objections to Israel’s behavior in Gaza, it is rarely publicly acknowledged.

What is new with respect to Samuel Huntington sense of ‘the West against the rest’ was his failure to take note of the Islamic challenge being spearheaded by non-state actors adopting the pre-modern means of combat at their disposal and largely focused on resisting further Western penetration rather than through violence overseas as was the onetime tactic of Al-Qaeda. What 9/11 and later Islamic jihadism added was a religious rationale to resistance and conflict with the West whose identity took largely non-state forms. In effect, the  geopolitically phrased assessments of Huntington acquired a moral fervor.

Instead of waging a geopolitical war to determine global power alignments, the war against Hamas can be, as Macron intimated, also internalized giving a fresh stimulus to European Islamophobia and anti-migrant politics. Even during the Cold War the Russians were never demonized as a people or was their civilization demeaned, partly because they were after all white Christians not ‘human animals.’

A politics of demonization, although used in an inflammatory way by Biden in relation to Ukraine, was confined to the person of Vladimir Putin. The main argument consisted of self-serving legalistic rationalizations for defending Ukraine, while excluding from consideration such contextual issues as prior internal violence against the Russian-oriented minority in the Donbas oblasts along with Kyiv’s repudiation of the Minsk 2014-15 agreements, and NATO’s increased engagement with the country’s security policies after the Maidan Coup in 2015.

There are revealing similarities in the Global West responses to these two violent conflicts that are bound to have transformative influences on the future of peace and security in the world. Those who favor a strong material and diplomatic commitment to Ukraine, as with those showing unconditional support of Israel, become hysterical if provocations of Russian aggression or the pre-history of the Hamas attack are taken seriously into account. This is because a fair appraisal of these two contexts subverts the high ground of moral purity and political justification implicit in the militarist modes of response, as well as rendering ambiguous the presume clarity of the claimed legal right of self-defense in the two instances.

The supposedly humanistic President of Israel,  Isaac Herzog, adopted the good versus evil framework of Netanyahu that refuses to make the slightest concession to the realities witnessed by the peoples of world. Herzog’s entire effort was to draw the sharpest possible distinction between Israel as the agent of a humane future for all and the Palestinians as the exemplification of the worldview of their barbaric adversary. His words featured as a guest opinion piece in the NY Time are an example of the one-eyed crusading civilizing vision that a broad spectrum of Israelis endorse:

Against our will, we in Israel find ourselves at a tipping point for the Middle East and for the world and at the center of what is nothing less than an existential struggle. This is not a battle between Jews and Muslims. And it is not just between Israel and Hamas. It is between those who adhere to norms of humanity and those practicing a barbarism that has no place in the modern world.[15]

It would seem, at this point, that what is being endorsed in the West, is a second coming of the ‘clash of civilizations’ worldview as further embellished by invoking the dualism of good and evil. It is blended with a last-ditch effort to sustain the unipolar geopolitical alignment that emerged after the Cold War amid a world beset by ecological instabilities as never before. Biden made a lame effort to ideologize the latter stages of the post-Cold War atmosphere by describing the current era as an epic global struggle between ‘democracies’ and ‘autocracies,’ but it was largely ignored as the claim was beset by obvious empirical contradictions of inclusion and exclusion.

The outcome in Gaza for Israel also has major implications for the region and world, including possibly inducing a normalizing diplomacy with Iran, and greater respect for the norms of non-intervention in internal societies, especially Muslim majority countries in closer conformity to Article 2(7) of the UN Charter. All things considered, the world will be safer and more secure if the politics of self-determination are managed nationally rather than by a US-led NATO directorate. As well, a positive reappraisal of conflict-avoiding invisible geopolitical fault lines such as were the pragmatic contribution of World War II diplomats at Yalta and Potsdam, and their renewal in the present altered circumstances of seeking conflict management.

Some Alternative Futures for Israel/Palestine

Against this geopolitical background, it seems now appropriate to make conjectures about what sort of future will emerge the violence in Gaza and how it might shape the destiny of Palestinians and Israelis, including the roles will be played by regional and global forces.

As the bombs continue to fall and rockets fill the air in Gaza, some reaching Israel, various ideas are being advanced by outsiders about probable and desirable futures. Three future patterns emerge at this from the rubble and the rising death toll:

–the pessimist’s future: Israel despite alienating people throughout the world retains sufficient hard power leverage to win the peace, establishing a Greater Israel that incorporates the West Bank, reconstitutes the governance of Gaza under a Palestinian Authority leadership to serve as the sole representative of the Palestinian people, possibly even looking to recognize a Gaza micro-state as ‘Palestine.’ I think that this outcome would not satisfy internal or international demands for an acceptable Palestinian solution, and would not end or even mitigate the apartheid nature of present Israeli governance or inhibit resistance activities on the Palestinian side;

–utopian envisioning: holding Israel responsible for the criminality of its Gaza campaign, requiring accountability of the main perpetrators for their crimes and imposing reparations for damage done to Palestinians homes and property; acknowledgement by the Israeli President and Prime Minister of the historic wrongs done to the Palestinian people by the Nakba and subsequent abuses, a point stressed by Edward Said and others with the accompanying sentiment ‘There will never be peace until there is such an acknowledgement is made.” Democratic secularism in a unified or co-existing states based on no ethnic nor religious criteria, featuring democratic elections, and human rights. A right of return of all Palestinian refugees and their descendants. Zionism would revert to the Balfour ethnic pledge of a Jewish ‘homeland’ but no state. The fact that something analogous along these lines happened in South Africa suggests that it could happen in Israel/Palestine, but it seems far beyond the reach of practical politics at present, although the Israeli NGO, International Committee Against Housing Demolition (ICAHD) has circulated a roughly comparable proposal in early November 2023;

–stalemate renewed: a return to the status quo preceding the Hamas attacks, with modifications, but apartheid, border control and blockade roughly as before, resistance continues, global solidarity intensifies in ways that gradually shift the balance of forces in a Palestinian.

None of the Oslo hype clouds the present search for final outcomes of the Palestinian struggle to attain its long denied basic rights as a people and nation. Yet for the foreseeable future the outlook for peace remains dark, including in, maybe especially in Israel.

Concluding Remarks

I would like to believe that Edward would have agreed with most of what I have said, although among his many virtues, was that of intellectual independence, which on occasion could be experienced as a certain cantankerousness. It is entirely possible that after Edward listened to these remarks would approach me after these remarks with a scowl and his half ironic, half serious putdown:  ‘Richard, you can’t be serious.’

Despite my intention to be engaged, my words may still have come across as too academic. Yet I must reaffirm that the events of the last month have resulted in the most tormenting emotions that I have ever experienced in reaction to public events. I confess that to some, my rather academic style may seem designed to hide partisanship. To counter such an impression I will conclude by removing any doubt as to where I stand.

I firmly believe that this is a time for persons of conscience to take action as well as to pierce the propaganda manipulating feelings, perceptions, and allegiances

It is past time to confront the double standards and moral hypocrisy of the Global West’

It is also a time to mourn and grieve the terrible human costs endured by the people of Gaza, but also a time to show solidarity with those seeking peace and justice at great risk

And finally, this is a time to repudiate the horrors of warfare and political violence, the disgrace of genocide, and better arrange our lives and organize our collective endeavors on the power of love, courage, struggle, justice, and hope.

Concluding Remarks

As jurist, citizen, and human rights activist, the issues of aligning law in the books with justice in the life of Palestinians has both tested my commitment to a word order in which law and justice become closely aligned. This cannot happen so long as the UN and the management of power and security is left to the priorities of geopolitical actors, at present the US, China, and Russia, particularly if their relations are strained by the emergent struggles particularly evident in relation to Ukraine and Taiwan. The US seeks to retain the unipoarity—that is, the exclusion of other geopolitical aspirants from the managerial roles of global security—in the face of growing challenges not only from Russia and China, but also from the BRICs and a realigned Global South.

The lives of dissenting public intellectuals whether rooted in the scholarship of the humanities, at which Edward Said excelled, or the academic engagements of a social scientist devoted to the alighment of law and justice, the imperatives of values, thought, and action need to be fused and their impact on governmental and UN actors dramatically increased if world order challenges are to have any chance of being addressed in humane and effective ways. In a constructive sense, all legal analysis rests upon disclosed or suppressed what I have characterized as ‘advocaacy jurisprudence.’ Such an assertion builds on the work of legal realism and critical legal studies, and in keeping with the Lasswell/McDougal explicit endorsement of liberal constitutionalism as the guiding principle of constructing legal outcomes, although slightly disguised by their claim of a scientific social science epistemological foundation for their normative preferences.


* Adapted from Edward W Said Memorial Lecture: The Enduring Legacies of Edward Said

The American University in Cairo, Nov. 4, 2023


[1] My jurisprudential orientation accords with and is influenced by Noura Erakat pathbreaking JUSTICE FOR SOME: LAW AND THE QUESTION OF PALESTINE (2019)

[2] Others I would mention in the ssame spirit are Noam Chomsky, Daniel Ellsberg, Cornel West, David Ray Griffin, and from a distance, Albert Camus, Jean-Paul Sartre, Bertand Russell, Mohatma Gandhi, and Martin Buber. Within my disciplinary orientation of international law, I found the critical work and normative perspectives of TWAIL (Third World Approaches to International Llaw) as a compatible complement to the work of jurists in the Global West working toward a similar realignment of law and justice as are dissenting public intellectuals. In this regard I would mention Asli Bali, Noura Erakat, Darryl Lee, Lisa Hajjar, Victor Kattan, and Penny Green as currently active examples in the US/UK setting.

[3] See the influential writings of Hans Kelsen and the many conscious or unconscious Kelsenites. Also relevant is the writing of Max Weber trying to curtail the influence of religion in policy formation and give way to Enlightenment values privileging science. In some attempts to objectify a preferential set of values the issue of subjectivity is shifted but not eliminated. See Hans Kelsen, Principles of International Law (2003) The most notable undertaking of this sort was attempted by the New Haven School of International Law, as principally propounded by Harold Lasswell & Myres S. McDougal at Yale Law School. See their Jurisprudence for a Free Society (1991)

[4] By ‘first approximation’ I want to again emphasize that legal norms are not self-elucidating. Their ambiguity is

somewhat arbitrarily overcome by leaving the authority to finalize the interpretation of norms to judicial bodies.

The dissatisfaction among liberals about the outlook and judgments of the US Supreme court in recent years reveals tensions in the alignment between law and justice. During the Warren Court it was political conservatives that were distressed by what they regarded as misalignment of law and justice. 

[5] There are enough discrepancies between the initial Israeli account of the Hamas attack and what actually happened on Oct 7 to support the appointment of an international commission should be arranged to produce a trusted objective and comprehensive account of what actually happened on that tragically eventful day.

[6] Edward W. Said, Orientalism (1978)

[7] No words in political discourse are more manipulated than are ‘genocide’ and ‘terrorism.’ The former

to criminalize dehumanizing behavior, while the later suspends the laws of war be dehumanizing those

that use political violence as an instrument of armed struggle, with more or less justification.

[8] Although indefinite in its contours, international law authrorizes armed resistance to oppressive rule. See UN General Assembly Res. 2625 (1975).This makes the Hamas attack to be a hybrid event, both containing war crimes and a resistance rationale. This rationale points to the failure to find a peaceful solution after more than 75 years.

[9] See Thomas Suarez, How Terrorism Created Modern Israel (2016)

[10] See Convention on the Prevention and Punishment of the International Crime of Apartheid, 1973; recently documented by Michael Lynk 2021 report to the HRC in his role as SR, Michael Lynk in Richard Falk, John Dugard, Michael Lynk, PROTECTING HUMAN RIGHTS IN OCCUPIED PALESTINE: WORKING THROUGH THE UNITED NATIONS (2023), 297-312; also the authoritative reports of the UN’s ESCWA, and NGOs Human Rights Watch, Amnesty International, and B’Tselem.

[11] This reasoning of mine should be compared to the proposals published on October 22, 2023 in Foreign Affairs by the former PA Prime Minister, Fayyad Salam ideas.

[12] For ellaboration see Richard Falk, PREDATORY GLOBALIZATION: A CRITIQUE (2001)

[13] Samuel P. Huntington, “The Clash of Civilizations,” Foreign Affairs 72: 22-49 (1993)

[14] Ibid, Note 13.

[15] The President of Israel: Isaac Herzog, “This Is Not a Battle Just Between Israel and Hamas,” NY Times, Nov. 3, 2023.

Scientists form a Global Anti-War, Anti-Genocide Network: from Hiroshima to Gaza

7 Mar

[Prefatory Note: The post below is the slightly edited text of a keynote address to an organizational meeting for establish a worldwide network of Scientists Against War and the Destructive Use of Science as stimulated by the Israeli genocide against the civilian population of Gaza. This encouraging event of global scope occurred on December 9, 2023, some six weeks before the International Court of Justice issued its historic Interim Order on January 26, 2024 with a near unanimous vote supportive of the ‘plausibility’ of South Africa’s initiative undertaken in accord with Article IX of  the Genocide Convention to allow Parties to bring legal disputes as to the applicability of allegations of genocide to be resolved under the authority of ICJ. A video version of my talk is available: https://youtu.be/-kIb-NhVHiQ ].

I find the initiative that the organizing committee has taken in producing this Convention Against War and Destructive Use of Science: Scientists Against Israeli Apartheid, Occupation and Genocide to be a glimmer of light in a dark sky. A dark sky that is dominated by the most transparent instance of genocide in human history.

Where because of the capacity of worldwide media to show the daily unfolding of this terrible criminal action in Gaza and its related effects in the West Bank as well, the peoples of the world are exposed as never before to the concrete exposure of genocide in real time. Past genocides, even the Holocaust, have always been something relatively abstract from our consciousness, with its horrifying realities exposed long after the mass killing has stopped. This immediacy and unmistakable reality of the Gaza genocide, including the exposure of its sadistic details, intensifies the challenge to the collective conscience of humanity..  

What is happening in Gaza, it is not only a visible reality for the peoples of the world and the governments, the leaders and those in international institutions, it is also something that is reinforced by the explicit endorsement of such an approach to conflict as has been embarked upon by the leadership of Israel. Never has such a candid admission that one is striking against the people as a whole: cutting off their food and fuel and electricity, bombing their hospitals and places of shelter, targeting places where children and women gather. What is also shocking is that display of horror enjoyed the support and active complicity of several of the leading liberal democracies in the world. It suggests an imperial post-colonial posture toward the Global South in Western Europe and North America, which seems to be largely configured inter-civilizationally.

This Gaza onslaught is a dramatic horror story that makes this kind of transnational professionally grounded initiative against militarism so encouraging, a glimmer of light during dark times when many storm clouds hover close to planet earth. To oppose militarism all of its manifestations will hopefully become a dominant preoccupation of scientists and others, indeed for everyone with a global conscience to motivate them to feel that they must act responsibly in light of such developments that cloud the present and pose dire threats for the future..

Let me refer briefly to my experience with militarism and war-making. Having taught, as was said, at Princeton University for 40 years, I was surrounded by some of the world’s leading scientists including Robert Oppenheimer, John Wheeler, Murph Goldberger, and Freeman Dyson and others of global stature. What intrigued me then was the degree to which these outstanding scientists were enticed by the opportunity to take part in the security dimensions of government policy, which included feeding the militarist appetites of the private sector, exerting an unhealthy influence on public opinion, domestic politics, and a bloated bilateral peacetime military budget over the years by grossly exaggerating security threats and by the economically motivated projection of American power worldwide. This kind of toxic connection between scientists and government policy which is probably more extreme in both its character and effects in the United States than elsewhere.  being labeled by the US president ; the degree to which the US has the largest military budget and also is by far the largest arms supplier in the world, making it the largest source of military hardware and software among the national merchants of death. The US President, Dwight Eisenhower warned Americans about the dangers of ‘the military-industrial complex’ in his 1961 Farewell Address, a warning that to this day goes unheeded. Eisenhower’s words are worth recalling:

“we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military–industrial complex. The potential for the disastrous rise of misplaced power exists, and will persist.In actuality, the danger has increased in the last 62 years.

The other reinforcing experience I had was to visit the two leading nuclear strategic centers of global security policy, in the United States, and I take notice of two kinds of personalities that one encountered there. These were venues dominated by scientists.

One was a feeling that by contributing to the military development of weaponry and doctrine and so on scientists were somehow doing something in the “real world” and that this was a source of what struck me then as a kind of careerist excitement for them. And the other kind of scientific personality were people who didn’t know a great deal about politics but were indoctrinated into an unquestioning acceptance of the prevailing ideology of the time and were Cold War activists in a very superficial yet dogmatic way, This led them to believe that their work that consisted of helping with the development of weapons and the worst kind of weapons was something that was positive, that it contributed to a better world, both guarding the peace against the ideological enemy in Moscow and making the world safe for market-oriented constitutionalism.

In other words, ideology underpinned this enthusiasm for robust connections between the scientific community militarism that was broadly present in the society and very very salient, at least in the United States, throughout the entirety of the Cold War—and actually after the Cold War—because it saw the opportunity (with the collapse of the Soviet Union) to become the unipolar dominant presence in the world and didn’t have the imagination to choose anything other than the solidification of its military dominance as the path to establish and maintain its hegemonic role in international political life after the Cold. And this quest continues to guide American foreign policy despite rising resistance throughout the non-West. have focused on the United States partly because I know it best but also because I think it represents, in its own way, a powerful metaphor for the distortions that arise from this misbegotten marriage of militarism and knowledge as filtered through the brilliance of some of  the world’s finest scientists.

This kind of initiative, that you all are part of, is an overdue reaction. Perhaps the extremity of what’s happening in Gaza made many of us, regardless of professional orientation, to act in anti-militarist ways that we were not motivated to act before. It overcame a human tendency toward complacency and the feeling of helplessness about taking on these larger issues.

But I think that one of the revelations of this outbreak of genocide in Gaza is the helplessness of the formal structures of war prevention and the protection of peoples against abusive behavior. The UN, which was supposedly created as a war prevention institution after World War II, was, in a sense, designed by its founders to fail because it gave the five most powerful countries in the world the authority to block any kind of effective response that might oppose or neutralize militarism and aggressive and criminal undertakings in the course of war, epitomized by vesting a veto power in the winners of World War II.

This awakening from decades of indulging militarism which I think is happening in many domains, not just among scientists. I’m part of a parallel initiative of so-called global intellectuals that is similarly awakening to the fact that if the peoples of the world do not take responsibility, nothing effective will be done to curtail the menace of militarism and destructive warfare.

And so, this initiative among scientists is systemically important, giving rise that it strengthens over time, and does not dissipate when the current crisis subsides. .

There’s one other general factor that hasn’t often been taken into account, that despite this surge of militarism in the post-Cold War and present world: militarism hasn’t produced political results associated with costly investments in achieving military superiority nationally, regionally, and globally. In the post-1945 period, the large investments in military capabilities have proved in most combat zones to be dysfunctional. In a series of symbolic activities that sought to bring to bear military superiority as a way of controlling the political outcomes in Global South combat zones have ended in political defeat for the side controlling battlefield results. And the assumption of those that make foreign policy for almost all leading governments is that history is constituted by those that prevail in military conflicts. That, in other words, that war and militarism continue to have the same historical agency that in earlier times allowed  European colonialism to control most of the non-West.

But recent international experience defies that understanding and the US especially should have learned this by its decade-long experience in the Vietnam War. In that war  the US had complete military dominance yet lost the war. It is important to understand tat the lessons of that political defeat cannot be learned by these militarist governing elites. This is because there’s too strong a vested interest in persisting with the belief that military agency is what controls political outcomes and shapes history, a view that although contrary to experience continues to prevail in the coopted most influential media platforms throughout most of the world, reflecting as well the decline of independent media in even the most respected political democracies.

If Vietnam wasn’t enough of a pedagogic experience, then the 20-year commitment to state building in Iraq and in Afghanistan should have been a breakthrough that would encourage a more critical political consciousness in relation to military approaches to global security in the 21st century. But again, the energies of the militarist leverage within societies remained too strong to learn the lesson that in a post-colonial period of important powers, exhibited by persistent national mobilization in response to foreign intervention, that military superiority does not any longer produce favorable cost/benefit calculation. Any objective assessment of all the—not only the examples I’ve given—but Libya, Yemen, Syria, all of these venues of military intervention produced devastation, to be sure. But they didn’t satisfy the objectives of those who invested lives and trillions of dollars in achieving control the political outcomes, losing out both normatively and geopolitically as well.

Basically that’s a constructive reality, and it’s not just applicable to the United States. All the colonial wars with European states were won by the weaker side militarily. And that’s a terribly important lesson. Why it can’t be learned is because it would undercut the profitability of the arms industry and the power of the military within governmental bureaucracies. So what was done after the Vietnam War was not a matter of controlling involvement or the preparation for less militarist, more prudent forms of security, but instead the development of new weapons and the employment of scientists in that process, that is, the cure for the failures of militarism is to invest more intelligently and even more expansively in militarism, a seeming unbreakable cycle that is not susceptible to repudiation by repeated experiences of failure and moral/legal outrage. It will take anti-militarist pressures generated from within civil society, and hopefully achieving global scope and influence.

In effort to control the media during future intervention, the popular slogan in the US was that the Vietnam War was lost not on the battlefield in Vietnam but in the American living room. The idea was that the media would be more subjected to the discipline of a militarized political consciousness was accorded by a high policy priority by think tank and foreign policy elites..

Let me bring these remarks to an end by going back to the Gaza reality for a moment and saying that the Israeli practice there of genocide is in a sense a recognition of the futility of war as between two military capabilities. This is a war against people. And it’s a war that can be won only by the elimination or the dispossession of people. In that sense, it is a correct, perverse, and surrealistic recognition of the futility of conventional war as a way of shaping politics. It’s a horrifying reaction to that futility by resorting to an explicit avowal of genocide as the basis of Israeli security and territorial ambition in a sense, particularly applicable in contexts of settler colonial projects that to succeed must eliminate or totally marginalize the indigenous population, making even longtime residents, strangers in their own homelands.

So let me end by saying I applaud the draft Declaration, which I think is a very powerful document, and I hope that this initiative will lead to a worldwide process of anti-militarism and anti-war sentiment that will enlist powerful support from scientists and widespread respect from independent media, peace minded governments, and citizens of concern and conscience.

Thank you very much for giving me this opportunity to speak at this important occasion.

Gaza: The Wider Context

1 Mar

[Prefatory Note: my essay of explication on the inexplicable, as published by Eure-Med Monitor at the end of February 2024]

COMMENTARY: In Gaza, the west is enabling the most transparent genocide in human history

Richard Falk

Update of 2/25/24 EuroMed Article by Richard Falk:

It is helpful to conceive of the Israeli settler colonial undertaking in Palestine as having reached its decisive phase, and as such concerns in addition to resources, land and people. From an Israeli perspective, ‘more land, less Palestinians’; from a Palestinian perspective, ‘steadfastness and resistance in relation to land and residence rights.’

The latest news pertaining to Gaza as reported in the Western media and government circles is that a six week pause in the onslaught in Gaza is being negotiated in Paris and Doha, and possibly will take effect on March 10th, the beginning of Ramadan. The deal being negotiated centers on the release of women, children, and the elderly among the 99 Israel hostages still held by Hamas, and an exchange that is rumored to lead to the freeing of 300 Palestinians currently held in Israeli prisons, often under abusive conditions.

It is coupled with a continuing announced intention by PM Netanyahu of a planned attack on the southernmost Gaza city of Rafah, which is now sheltering as many as 1.5 million displace Palestinian or more than half of Gaza’s 2.3 million population and more than ten times the number of people normally living in Rafah.

The overall genocidal attack in its fifth month now has resulted in more than 30,000 Palestinian deaths with another 7,000 missing, and over 70, 000 injured many badly.  A further estimated 576,000 are coping with imminent famine conditions, 85% of Gaza population is displaced, and 80% of residential housing has been destroyed or seriously damaged, as well as 96% of Gaza agricultural infrastructure destroyed or damaged.

To calibrate the extent of loss and suffering by reference to the current US population of 335 million would mean multiplying the above Palestinian casualty statistics by more 140 times, and many fear that starvation, disease, and the Rafah attack will greatly increase Palestinian losses.

Recall Samuel Huntington’s controversial, yet influential, 1993 Foreign Affairs article, “The Clash of Civilizations,” which ends with the provocative phrase, “The West against the rest.” Although the article seemed far-fetched 30 years ago, it now seems prophetic in its discernment of a post-Cold War pattern of inter-civilizational rivalry. It is rather pronounced in relation to the heightened Israel/Palestine conflict initiated by the October 7 Hamas attack on Israeli territory with the killing and abusing of Israeli civilians and IDF soldiers, as well as the seizure of some 200 hostages.

Clearly this attack has been accompanied by some suspicious circumstances such as Israel’s foreknowledge, slow reaction time to the penetration of its borders, and, perhaps most problematic, the quickness with which Israeli adopted a genocidal approach with a clear ethnic cleansing message. At the very least the Hamas attack, itself including serious war crimes, served quite  conveniently as the needed pretext for the 100 days of disproportionate and indiscriminate violence, sadistic atrocities, and the enactment of a scenario that looked toward making Gaza unlivable and its Palestinian residents dispossessed and unwanted.

Despite the worldwide transparency of the Israeli tactics, partly attributable to ongoing TV coverage of the devastating and heartbreaking Palestinian ordeal, what was notable was the way external state actors aligned with the antagonists. The Global West (white settler colonial states and former European colonial powers) lined up with Israel, while the most active pro-Palestinian governments and movements were initially exclusively Muslim, with support coming more broadly from the Global South. This racialization of alignments seems to take precedence over efforts to regulate violence of this intensity by the norms and procedures of international law, often mediated through the United Nations. South Africa broke this pattern by its historic initiative at the ICJ that resulted in a near unanimous Interim Order on January 26, 2024, which seems to have had no impact on Israel military tactics or interference with the delivery of humanitarian aid or support by the Global West.

This pattern is quite extraordinary because the states supporting Israel, above all the United States, have claimed the high moral and legal ground for themselves and have long lectured the states of the Global South about the importance of the rule of law, human rights, and respect for international law. This disregard the manifest of intent of the Genocide Convention to  urge compliance with international law and morality by both sides in the face of the most transparent genocide in all of human history. In the numerous global pre-Gaza genocides, the existential horrors that occurred were largely known after the fact and through statistics and abstractions, occasionally vivified by the tales told by survivors or given expression in novels or films. The events, although historically reconstructed, were not as immediately real as these events in Gaza with the daily reports in real time from brave journalists in the Gaza combat zones for more than four months, enduring many deaths..

Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, which is a central obligation of the Genocide Convention, but more brazenly by openly facilitating the continuation of the genocidal onslaught. Israel’s frontline supporters have contributed weapons and munitions, as well as providing targeting intelligence and even assurances of active engagement by ground forces if requested, as well as providing diplomatic support at the U.N. and elsewhere throughout this crisis. 

    Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, but more brazenly by openly facilitating continuation of the genocidal onslaught   

These performative elements that describe Israel’s recourse to genocide are undeniable, while the complicity crimes enabling Israel to continue with genocide remain indistinct, being situated in the shadowland of genocide. For instance, the complicity crimes are noted but remain on the periphery of South Africa’s laudable application to the International Court of Justice (ICJ) that includes a request for Provisional Measures crafted to stop the genocide pending a decision on the substance of the charges of genocide. The evidence of genocide is overwhelmingly documented in the 84-page South African submission, but the failure to address the organic link to the crimes of complicity is a weakness that could be reflected in what the court decides.

Even if the ICJ does impose these Provisional Measures, including ordering Israel to desist from further violence in Gaza, it may not achieve the desired result, at least not before the substantive decision is reached some three to five years from now. It seems unlikely that Israel will obey Provisional Measures. It has a record of consistently defying international law. It is likely that a favorable decision on these preliminary matters will give rise to a crisis of implementation.

The law is persuasively present, but the political will to enforce is lacking or even resistant, as here in certain parts of the Global West, and the ICJ lacks any independent enforcement authority. The UN leaves, as usual, implementation at the mercy of the veto-burdened Security Council..

The degree to which the U.S. has supplied weaponry with U.S. taxpayer money would be an important supplement to rethinking the U.S. relationship to Israel that is so important and which is underway among the American people—even in the Washington think tanks that the foreign policy elites fund and rely upon. Proposing an arms embargo would be accepted as a timely and appropriate initiative in many sectors of U.S. public opinion. I hope that such proposals may be brought before the General Assembly and perhaps the Security Council. Even if not formally endorsed, such initiatives would have considerable symbolic and possibly even substantive impacts on further delegitimizing Israel’s behavior and stimulating solidarity initiatives..

A third specific initiative worth carefully considering would be timely establishment of a People’s Tribunal on the Question of Genocide initiated by global persons of conscience. Such tribunals were established in relation to many issues that the formal governance structures failed to address in satisfactory ways. Important examples are the Russell Tribunal convened in 1965-66 to assess legal responsibilities of the U.S. in the Vietnam War and the Iraq War Tribunal of 2005 in response to the U.S. and U.K. attack and occupation of Iraq commencing in 2003.

Such a tribunal on Gaza could clarify and document what happened on and subsequently to October 7. By taking testimony of witnesses, it could provide an opportunity for the people of the world to speak and to feel represented in ways that governments and international procedures are unable to enact, given their request for Provisional Measures to stop the ongoing Gaza onslaught, it will increase Global South and civil society pressure on Israel and its supporter governments to comply. As Israel has refused to make even efforts to comply with the near unanimous Interim Order of the ICJ, it has escalated pro-Palestinian solidarity efforts throughout the world and cast Israel into the darkest regions of pariah statehood.

In such an atmosphere, nonviolent activism and pressure for the imposition of an arms embargo and trade boycotts as well as sports, culture, and touristic boycotts will become more viable policy options, and can be given symbolic and substantive reality within the private sector, even among individual consumers. This approach by way of civil society activism proved very effective in the Euro-American peace efforts during the Vietnam War and in the struggle against apartheid South Africa, and elsewhere.

Israel is becoming a pariah state due to its behavior and defiance exhibited toward legal and moral norms. It has made itself notorious by the outrageously forthright acknowledgement of genocidal intent of its highest leaders with respect to Palestinian civilians whom they are under a special obligation to protect as the occupying power.

Being a pariah country or rogue state makes Israel politically and economically vulnerable as never before. At this moment, a mobilized civil society can contribute to producing a new balance of forces in the world that has the potential to neutralize the sway of Western post-colonial imperial geopolitics that has dominated the global management of power since the end of the Cold War more than 30 years ago..

It is also relevant to take note of the startling fact that the anti-colonial wars of the last century were in the end won by the weaker side militarily. This is an important lesson, as is the realization that anti-colonial struggle does not end with the attainment of political independence. It needs to continue to achieve control of national security and economic resources as the recent wave of anti-French coups in former French colonies in sub-Saharan Central Africa illustrate. The most recent of these coups occurred in Niger about a year ago.

In the 21st century weapons alone rarely control political outcomes. The U.S. should have learned this decades ago in Vietnam, having controlled the battlefield and dominated the military dimensions of the war, and yet having failed to achieve control over its political outcome, and correctly perceived as having lost the war..

The U.S. is disabled by its internal political structure from learning the appropriate lessons from such defeats. Such learning would weaken the leverage of the military-industrial-government complex, including the private sector arms industry and the corporatized media. This would subvert the domestic balance in the U.S. and substantially discredit the global geopolitical role being played by the U.S. throughout the entire world.

So, it is. currently an anachronistic situation. Despite knowing what to do. yet well-entrenched special interests preclude rational adjustments, and the military malfunctions and accompanying geopolitical alignments persist, ignoring costly failures along the way.

In effect, experience suggests strongly what should be done, but the political clout does not exist to get the needed job done. Global public opinion is shifting, peace-minded coalitions are forming, and demonstrations globally are building opposition to continuing the war.

Iran

There is a huge U.S./Israel propaganda effort to tie Iran to everything that is regarded as anti-West or anti-Israeli. It has intensified during the Gaza crisis, starting with the October 7 attack by Iran’s supposed proxy Hamas. You notice even the most influential mainstream print media such as The New York Times routinely refers to what Hezbollah or the Houthis do as “Iran-backed.” Such actors are reduced misleadingly to being proxies of Iran. In contrast, references to Ukraine never make explicit the US or NATO backed and materially supported Kyiv government, which is so much more tangible than whatever involvement Iran seems to have with pro-Palestinian initiatives undertaken by non-state actors in the region.

This way of denying agency to pro-Palestinian actors and attributing behavior to Iran is a matter of Israel/US state propaganda trying to promote belligerent attitudes toward Iran to the effect that Iran is our major enemy in the region, while Israel is our loyal friend. At the same time, it suppresses the reality that If Iran is backing countries and political movements, it obscures what the U.S. is doing more overtly and multiple times over throughout the Middle East.

It is largely unknown what Iran has been doing in the region to protect its interests. Without doubt, Iran has strong sympathies with the Palestinian struggle, and is strongly in favor of minimizing US presence and influence.. Those sympathies coincide with its own political self interest, especially its national security, in not being attacked. Additionally, Iran has lots of problems arising from opposition forces within its own society.

But I think dangerous state propaganda is building up this war-mongering hostility toward Iran. It is highly misleading to regard Iran as the real enemy standing behind all anti-Israeli actions in the region. It is important to understand as accurately as possible the complexity and unknown elements present in this crisis situation that contains dangers of wider war in the region and beyond. As far as is publicly known, Iran has had an extremely limited degree of involvement in the direct shaping of the war and Israel’s all-out attack on the civilian population of Gaza.

Hamas and a Second Nakba

While I was special rapporteur for the U.N. on Israeli violations of human rights and international humanitarian law, I had the opportunity to meet and talk in detail with several of the Hamas leaders who are living in Doha and Cairo, as well as in Gaza. In the period between 2010 and 2014, Hamas was publicly and by back channels pushing for a 50-year cease-fire with Israel. It was conditioned on Israel carrying out the unanimous 1967 Security Council mandate in SC Res 242 to withdraw its forces to the pre-war boundaries of “the green line” established after the 1948 War. Hamas had also publicly sought a long-range cease-fire with Israel after its 2006 electoral victory in Gaza of up to 50 years.

Neither Israel nor the U.S. would respond to those diplomatic initiatives. Hamas leader Khalid Machal, the most intellectual of the Hamas leaders with whom I met, told me in some detail that he had personally warned Washington of the tragic consequences for civilians on both sides of the conflict, if it was allowed to go on without a long-term cease-fire sustained and accepted. Machal’s efforts were confirmed by non-Hamas independent sources, which also confirmed that this effort to prevent further violence met with no encouragement in either Tel Aviv or Washington.

entanglement with geopolitical hegemony in relation to international criminal law and structures of global governance.

The South African World Court Case, Pariah State, and Popular Mobilization

The South African initiative is important as a welcome effort to enlist international law and procedures for its assessment and authority in a context of severe alleged criminality. Since the ICJ, the highest tribunal on a supranational level, has responded favorably to South Africa’s highly reasonable and morally imperative

Where can Palestinians go as the population suffers from famine and continued bombing? What is Israel’s goal?

I see the so-called commitment to thinning the Palestinian presence in Gaza as leading deliberately to a functional second Nakba. This is a criminal policy. I don’t know that it has to have a formal name. It is not a policy designed to achieve anything but the decapitation of the Palestinian population, if not in whole, at least in part, explaining the ICJ concern about halting what leaves the strong impression of genocide. Israel is exerting incredible pressure t to move large numbers of Gazans to the Egyptian Sinai, and the Egyptian al-Sisi government has declared that it opposes an influx of Palestinian refugees, yet rumors suggest that elaborate efforts to overcome Egyptian resistance include large-scale debt relief and IMF loans..

This is not a policy. The Palestinians in the Occupied Territories are being confronted with a threat of elimination or replacement, which is a characteristic of every settler colonial project. The Israeli campaign after October 7 was not predominantly directed toward Hamas’ terrorism nearly as much as it was focused on the forced evacuation of the Palestinians from Gaza and intent on the related dispossession of most Palestinians from the West Bank, the real prize of this military campaign and the priority of the settler-oriented Netanyahu coalition government..

If Israel really wanted to deal with its security in an effective way, much more efficient and surgical methods would have been relied upon. There was no reason to treat the entire civilian population of Gaza indiscriminately as if it every Gazan was implicated in the Hamas attack, and there was certainly no justification for Israel’s genocidal response. The Israeli motivations seem more related to completing the Zionist Project than to restoring territorial security. All indications are that Israel used the October 7 attack as a pretext for a preexisting master plan to get rid of the Palestinians whose presence blocks the establishment of Greater Israel by finally obtaining sovereign control over the West Bank and at least portions of Gaza.

For a proper perspective we should remember that before October 7, the Netanyahu coalition government that took power at the start of 2023 was known as the most extreme government ever to govern the country since its establishment in 1948. The new Netanyahu government in Israel immediately gave a green light to settler violence in the Occupied West Bank and appointed overtly racist religious leaders to administer those parts of Palestine still occupied. What made it extreme, was its rejection of the pretense of a negotiated end to a struggle between the two peoples that purported to be based on co-existence rather than victory by the stronger side. The UN consensus, with almost universal support, presupposed Palestinian sovereign statehood while many Palestinian intellectuals and activists favored a single possibly confederated secular state guaranteeing ethnic and secular equality.

With the Gaza onslaught ambiguity was removed from Israel’s settler colonial end game , consisting of Israel claiming territorial sovereignty over the whole of the so-called promised land, enabling Greater Israel to come into existence as a Jewish supremacy state in accord with the forthright earlier Basis Law enacted in 2018 long before the Netanyahu coalition and the Hamas attack took place. What the Gaza operation since October is added is a resolve by Israel to defuse the so-called ‘demographic bomb’ by inducing Palestinian death and departure by mounting a sustained campaign of unrelenting state terror, with its heavy reputational costs exacted among the peoples of the world, including even in the long supportive Global West, where in the US and elsewhere pro-Palestinian sentiments become relevant to electoral outcomes scheduled to occur in 2024 and beyond.

The Need for a Different Context

We need to establish a different context than the one that exists now. That means a different outlook on the part of the Western governmental and NGO Jewish networks in the former colonial Europe and settler colonial white governments elsewhere steadfast supporters of Israel even now. This implies a different internal Israeli sense of their own values and security interests, and their own future development. The South African suggestive antecedent shows that it is only when sustained substantive pressure is brought to bear on national governing elites that have gone to these extreme lengths of relying on apartheid or genocide that startling transformative moves away from hegemony in the direction of constitutionally-based coexistence occur.

The lengths that the Israeli government has gone are characteristic of settler colonial states. All of them, including the U.S. and Canada, have acted violently to neutralize or exterminate the resident Indigenous people. That is what this genocidal interlude is all about. It is an effort to realize the goals of maximal versions of Zionism, which can only succeed by eliminating the Palestinians as rightful claimants to live in the coveted land, much less share in its governance. It should not be forgotten that in the weeks before the Hamas attack, including at the U.N., Prime Minister Benjamin Netanyahu was waving a map of “the new Middle East” that had erased the existence of Palestine.

Undoubtedly, one of Hamas’ motivations was to negate the view that Palestine had given up its right to self-determination, and that Palestine could be erased from political consciousness. Recall the old delusional pre-Balfour Zionist slogan: “A people without land for a land without people.” Such utterances of this early Zionist utopian phase literally erased the Palestinians who for generations lived in Palestine as an entitled Indigenous population, and anticipated what became a top priority political project. With the Balfour Declaration of 1917, this settler colonial vision was embodies in the governance of the Palestinians, enjoying the blessings of the leading European colonial powers and the liberal democracies that emerged after the indigenous people of the land no long presented a political obstacle to their replacement.

Given post-colonial realities, the Israeli project is historically discordant than earlier settler colonial undertakings, and hence more extreme. It exposes the reality of Israel’s policies and the inevitable resistance response to Israel as a self-proclaimed racially supremacist state. Israeli state propaganda and management of the public discourse long obscured this maximalist agenda of Zionism  and we are yet to know whether this was a deliberate tactic or just reflected the phases of Israel’s development and self-confidence.

This may turn out to be a moment of clarity with respect not only to Gaza, but to the overall prospects for sustainable peace and justice between these two embattled peoples that must reflect the exercise of rights of self-determination and achieve some version of constitutially equal coexistence..

Euro-Med Human Rights Monitor is a Geneva-based independent organization with regional offices across the MENA region and Europe

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Foreword, Suzanne Hammad, Toward a Theory of Emplaced Resistance: Everything Starts and Ends with the Land (Rowman & Littlefield, 2023)

26 Feb

           

[Prefatory Note: I am re-posting this text because of its relevance to ongoing events and with this new Prefatory Note, partly because illness has kept me from a normal blogging rhythm. The post below is the text of my foreword to Suzanne Hammad’s important book, which explores from an ethnographic perspective, the deep and often hidden roots of resistance to alien occupation, and gives an account based on her lived experience about the specificities of Palestinian resistance in the West Bank town of Bil’in, a place known for public protests against the intrusive presence of Israel’s unlawful separation wall. This tale of resistance is also anguishly relevant to ongoing relevant to the criminal onslaught being carried out by Israel in Gaza, illustrating the extremities of violence relied upon by the Occupying Power to a totally vulnerable entrapped Palestinian population of 2.3 million persons as its regime of apartheid culminates in textbook genocide, a human catastrophe like no other in its transparency accentuated by support received from liberal democracies in the West.]  

RAF Foreword to

Hammad, Toward a Theory of Emplaced Resistances: Everything

            Starts and Ends with the Land (Rowman & Littlefield, 2023)

[Prefatory Note: I am re-posting this text because of its relevance to ongoing events and with this new Prefatory Note, partly because illness has kept me from a normal blogging rhythm. The post below is the text of my foreword to Suzanne Hammad’s important book, which explores from an ethnographic perspective, the deep and often hidden roots of resistance to alien occupation, and gives an account based on her lived experience about the specificities of Palestinian resistance in the West Bank town of Bil’in, a place known for public protests against the intrusive presence of Israel’s unlawful separation wall. This tale of resistance is also anguishly relevant to ongoing relevant to the criminal onslaught being carried out by Israel in Gaza, illustrating the extremities of violence relied upon by the Occupying Power to a totally vulnerable entrapped Palestinian population of 2.3 million persons as its regime of apartheid culminates in textbook genocide, a human catastrophe like no other in its transparency accentuated by support received from liberal democracies in the West.]  

RAF Foreword to Suzanne Hammad, Toward a Theory of Emplaced Resistances: Everything

            Starts and Ends with the Land (Rowman & Littlefield, 2023)

This fascinating book gives us not only creative ways of grasping the underlying continuities of the Palestinian ordeal but also a truly original conception of why the long arc of resistance and resilience, stretching across time and taking certain distinctive forms, has been sustained for more than a century in the face of assorted trials and tribulations. None of these tests of Palestinian resistance was greater than the double assault on the fundamentals of Palestinian normalcy in the West Bank than that posed by the ever-expanding settlement movement and the connected construction of an encroaching Separation Wall on mostly occupied Palestinian land commencing in 2001.

Suzanne Hammad views the evolving Palestinian reality through an ethnographic lens that complements what the media reports, leaders and intellectuals have to say, and militants achieve by direct confrontation with the daily[MK1]  experience of Palestinians living under the heavy boot of Israel’s apartheid regime which pursues with accelerating vigor its own agenda of ethnic cleansing and dispossession of people from their land. To carry out such an exploration led Hammad to conduct her field research for three years in a single West Bank community, the village of Bil’in. The implications of her findings have a broad resonance for Palestinian studies as they illuminate the realities of many similar villages subject to occupation, and indeed inform the situation and consciousness of all Palestinians regardless of whether living under occupation, in Arab refugee camps, or in pre-1967 Israel. In this sense, Bil’in with its population of less than 2000 offers us a rich metaphor by which to decipher the entire Palestinian predicament, and better appreciate the various modes of response that underpin resistance not only to the existential abuses being experienced under occupation but to the foreshadowing of an inevitable liberation that Israel’s state violence is capable of punishing harshly, yet unable so far to destroy. It might even be unable to comprehend such resistance. It is bringing to light these under-appreciated facets of Palestinian sumud or steadfastness that makes this book illuminating reading for all who wish to gain a deeper comprehension of this tragic struggle that remains horizonless as to beginning and end.

Although Bil’in is but one of many West Bank villages, its selection by the author as her main case study is hardly accidental or arbitrary. This village distinguished itself from many other superficially similar villages in at least two important[MK2]  ways. First, residents experienced the severe intrusion of the Wall upon its living space, vividly exemplified by the barbed wire, electrified fence passing through Bil’in in ways that cut its residents off from 60% of their agricultural growing and grazing land, as well as the surrounding ‘empty’ areas used for recreation, reflection, and spiritual growth, including gatherings of the whole community during holidays, and even more during the harvesting times, especially of olives. Bil’in’s inhabitants were cut off by a permit system that was required to pass the single gate in the wall that granted them permission to go beyond the mostly residential part of the village, and in some cases, gain access to their own farmland. Secondly, residents reacted through collective anti-Wall protests every Friday for at least 15 years starting in 2005. The continuity and persistence of these protest dramatized Palestinian opposition to the Wall and the resolve of villagers to resist non-violently, yet with courage and resolve. This activism in Bil’in contrasted reliance on peaceful methods with the violent brutality of Israel’s apartheid regime, which imposes Jewish supremacy even in occupied Palestine and in defiance of international humanitarian law. In relation to the Wall, Israeli defiance became overt as Israel rejected the near unanimous (14-1) findings of the World Court’s Advisory Opinion of 2004. Such an authoritative legal endorsement of Bil’in fundamental grievance added legitimacy to the Friday protests by confirming that it was unlawful for Israel to construct a supposed security Wall on Occupied Palestinian Territory, and hence the Wall should be dismantled, and the Palestinians given reparations for the harm sustained. Implicit in the Advisory Opinion was the related idea that Israel’s situating the Wall on Palestinian territory was more a land grab than a genuine security measure.

We ignore the special contribution of Hammad’s inquiry if we are content with this most visible level of interaction, which is to depict both the depth of Palestinian suffering and its transcendence in the lived daily life of the residents of Bil’in. On the one side a deprivation so severe that it prompts inhabitants to pronounce their condition by such sayings as ‘we’re alive only because we are not dead yet” or “if we had the chance we would choose death over living under occupation.” And yet, this is not at all the bleak understanding that Hammad seeks to impart, which is rather a seemingly contradictory sense in Bil’in that our life is not worth living and yet if we will go on living our values, resisting Israel’s encroachments, and transcending their harmful intentions, by nurturing the pride and pleasure associated with sustaining our way of life in the face of hardships, humiliations, and humbling adjustments we will be living the best possible life given the circumstances. To get at this interface between despair and transcendence, Hammad enables us to listen closely to the voices of Bil’in’s people, which dominate the text. This witnessing by Bil’inians decries the pain of profound loss yet seamlessly affirms their pride and meaning of life by maintaining organic connections as best they can with the land and their ancestral homes by doing as much of what they did before the Wall by walking alone or with a friend in the arid wilderness beyond the fertile land or convening the village children and elders to take part in the annual olive harvests that are more than agricultural and livelihood happenings, but are truly sacred rituals that combine work, play, festivals of remembrance, and defiant reaffirmations of a sense of belonging that guns, settlements, and provocations are incapable of damaging, let alone destroying.

Along the way we become privy to many telling details that add credibility to this seeming impossible atmosphere of existential contradiction. For instance, the residents of Bil’in do not waste a moment of regret lamenting their decision to stay in their homes as near as possible to their land on the wrong side of the Wall, come what may in terms of settler violence, encroachment, and Israeli tactics of repression. On the contrary, those Palestinians who departed from their homes and land increased their experience of injustice and suffering associated with Israeli 1948 tactics of dispossession and subsequent reenactments of the nakba; in retrospect, those so coerced, should for their own sake have stayed, resisted, and even accepting death as preferable to displacement, however cruelly induced to attain the Zionist settler colonial goals.

In another telling example, Hammad show us how those Bil’in residents rendered unable to grow their own subsistence food on their diminished farmland, losing the dignity associated with living off the produce yielded from one’s own land as generations before them had done. A further creative initiative undertaken not only for practical reasons, but in the spirit of nonviolent resistance is a food sovereignty movement in Bil’in which seeks to act collectively as a community to maintain local subsistence living standards without outside dependence.

These ways of balancing the ordeal of the occupation against a resolve to live as authentically as possible in traditional ways is what most truly captures the complex truths of life in Bil’in. In other words, the weekly protests that gave Bil’in worldwide prominence are the visible display of stubborn resistance. These marches to the wall opposed by Israel’s active military presence are the front story, but it is the back story of the daily lived life of residents that is the core of a resistance-unto-death that is quietly enacted on an hourly basis by the people of Bil’in. This extended exposure to the voiced experiences of Bil’in’s residents also abandons the conventional reliance of scholarly inquiry on the binary optics of oppressor/victim or victim/resister. This enriches the appreciation that Palestinian life under occupation is not properly interpreted as an either/or reality, but is more truly constituted by a richer interwoven texture of creative adaptation, stubborn revolt, depressing captivity, and liberating defiance.

Suzanne Hammad’s relationship to this account of her experience in Bil’in is at once deeply personal while at the same time managing to uphold the best traditions of academic rigor. She does not obscure her own background whose father left Nablus in the 1967 War for the sake of economic opportunity to start a family outside, taking refuge in an Arab country. She makes no effort to offer a balancing rationale for the Zionist Project or set forth the Israeli security narrative, yet this book came across to me as not only revelatory but entirely trustworthy. Hammad attains her goals by allowing the people of Bil’in to speak about their lives in ways that enlighten readers no matter how familiar they are with the large literature on the Palestine struggle. This study is also a rebuke to those who insist that objectivity requires a total detachment from partisan perspectives by achieving an understanding of Palestinian resistance that has eluded conventional scholarship for more than seven decades.

There are some lingering questions that make me urge Hammad to consider undertaking a sequel.

            –Is this attachment to home and place especially strong in Bil’in because the fence/Wall bisects the lived life of the village, or has this sense of loss transcended the physicality of Bil’in to become part of a broader Palestinian imaginary by way of empathy and projection?

            –If after a few years, will a renewed immersion in Bil’in after a year or so confirm the persistence of Hammad’s findings, given the heightened Israeli provocations of the extremist leadership that took over the Israel government at the start of 2023, and put the West Bank at the top of its expansionist policy agenda?

            –How do the daily lives of city dwellers in Jenin or Nablus exhibit resistance in ways that either resemble or differ from Bil’in and from one other?

            –And even more wider afield, is everyday Palestinian resistance, with its pride of place and home attached to sumud unique to the Palestinian reality, or is it paralleled in other national situations of sustained repression of an ethnically distinct people in similar or differing ways? For example, Kashmir, Western Sahara, Catalonia, Tibet, Rohingya (Rakhine State, Myanmar)?

Hammad’s inspiring study has many additional ramifications that invite further study, but as a way of conceiving the Palestinian ordeal this book presents the most convincing, compassionate, and imaginative understanding of just how deep and abiding are the roots of Palestinian resistance. It is a great achievement as well as a loving tribute to the forms of resistance enacted by the village people of Bil’in against the apartheid regime of mighty Israel.

Richard Falk

Rome, July 24, 2023


Hammad, Toward a Theory of Emplaced Resistances: Everything

            Starts and Ends with the Land (Rowman & Littlefield, 2023)

This fascinating book gives us not only creative ways of grasping the underlying continuities of the Palestinian ordeal but also a truly original conception of why the long arc of resistance and resilience, stretching across time and taking certain distinctive forms, has been sustained for more than a century in the face of assorted trials and tribulations. None of these tests of Palestinian resistance was greater than the double assault on the fundamentals of Palestinian normalcy in the West Bank than that posed by the ever-expanding settlement movement and the connected construction of an encroaching Separation Wall on mostly occupied Palestinian land commencing in 2001.

Suzanne Hammad views the evolving Palestinian reality through an ethnographic lens that complements what the media reports, leaders and intellectuals have to say, and militants achieve by direct confrontation with the daily[MK1]  experience of Palestinians living under the heavy boot of Israel’s apartheid regime which pursues with accelerating vigor its own agenda of ethnic cleansing and dispossession of people from their land. To carry out such an exploration led Hammad to conduct her field research for three years in a single West Bank community, the village of Bil’in. The implications of her findings have a broad resonance for Palestinian studies as they illuminate the realities of many similar villages subject to occupation, and indeed inform the situation and consciousness of all Palestinians regardless of whether living under occupation, in Arab refugee camps, or in pre-1967 Israel. In this sense, Bil’in with its population of less than 2000 offers us a rich metaphor by which to decipher the entire Palestinian predicament, and better appreciate the various modes of response that underpin resistance not only to the existential abuses being experienced under occupation but to the foreshadowing of an inevitable liberation that Israel’s state violence is capable of punishing harshly, yet unable so far to destroy. It might even be unable to comprehend such resistance. It is bringing to light these under-appreciated facets of Palestinian sumud or steadfastness that makes this book illuminating reading for all who wish to gain a deeper comprehension of this tragic struggle that remains horizonless as to beginning and end.

Although Bil’in is but one of many West Bank villages, its selection by the author as her main case study is hardly accidental or arbitrary. This village distinguished itself from many other superficially similar villages in at least two important[MK2]  ways. First, residents experienced the severe intrusion of the Wall upon its living space, vividly exemplified by the barbed wire, electrified fence passing through Bil’in in ways that cut its residents off from 60% of their agricultural growing and grazing land, as well as the surrounding ‘empty’ areas used for recreation, reflection, and spiritual growth, including gatherings of the whole community during holidays, and even more during the harvesting times, especially of olives. Bil’in’s inhabitants were cut off by a permit system that was required to pass the single gate in the wall that granted them permission to go beyond the mostly residential part of the village, and in some cases, gain access to their own farmland. Secondly, residents reacted through collective anti-Wall protests every Friday for at least 15 years starting in 2005. The continuity and persistence of these protest dramatized Palestinian opposition to the Wall and the resolve of villagers to resist non-violently, yet with courage and resolve. This activism in Bil’in contrasted reliance on peaceful methods with the violent brutality of Israel’s apartheid regime, which imposes Jewish supremacy even in occupied Palestine and in defiance of international humanitarian law. In relation to the Wall, Israeli defiance became overt as Israel rejected the near unanimous (14-1) findings of the World Court’s Advisory Opinion of 2004. Such an authoritative legal endorsement of Bil’in fundamental grievance added legitimacy to the Friday protests by confirming that it was unlawful for Israel to construct a supposed security Wall on Occupied Palestinian Territory, and hence the Wall should be dismantled, and the Palestinians given reparations for the harm sustained. Implicit in the Advisory Opinion was the related idea that Israel’s situating the Wall on Palestinian territory was more a land grab than a genuine security measure.

We ignore the special contribution of Hammad’s inquiry if we are content with this most visible level of interaction, which is to depict both the depth of Palestinian suffering and its transcendence in the lived daily life of the residents of Bil’in. On the one side a deprivation so severe that it prompts inhabitants to pronounce their condition by such sayings as ‘we’re alive only because we are not dead yet” or “if we had the chance we would choose death over living under occupation.” And yet, this is not at all the bleak understanding that Hammad seeks to impart, which is rather a seemingly contradictory sense in Bil’in that our life is not worth living and yet if we will go on living our values, resisting Israel’s encroachments, and transcending their harmful intentions, by nurturing the pride and pleasure associated with sustaining our way of life in the face of hardships, humiliations, and humbling adjustments we will be living the best possible life given the circumstances. To get at this interface between despair and transcendence, Hammad enables us to listen closely to the voices of Bil’in’s people, which dominate the text. This witnessing by Bil’inians decries the pain of profound loss yet seamlessly affirms their pride and meaning of life by maintaining organic connections as best they can with the land and their ancestral homes by doing as much of what they did before the Wall by walking alone or with a friend in the arid wilderness beyond the fertile land or convening the village children and elders to take part in the annual olive harvests that are more than agricultural and livelihood happenings, but are truly sacred rituals that combine work, play, festivals of remembrance, and defiant reaffirmations of a sense of belonging that guns, settlements, and provocations are incapable of damaging, let alone destroying.

Along the way we become privy to many telling details that add credibility to this seeming impossible atmosphere of existential contradiction. For instance, the residents of Bil’in do not waste a moment of regret lamenting their decision to stay in their homes as near as possible to their land on the wrong side of the Wall, come what may in terms of settler violence, encroachment, and Israeli tactics of repression. On the contrary, those Palestinians who departed from their homes and land increased their experience of injustice and suffering associated with Israeli 1948 tactics of dispossession and subsequent reenactments of the nakba; in retrospect, those so coerced, should for their own sake have stayed, resisted, and even accepting death as preferable to displacement, however cruelly induced to attain the Zionist settler colonial goals.

In another telling example, Hammad show us how those Bil’in residents rendered unable to grow their own subsistence food on their diminished farmland, losing the dignity associated with living off the produce yielded from one’s own land as generations before them had done. A further creative initiative undertaken not only for practical reasons, but in the spirit of nonviolent resistance is a food sovereignty movement in Bil’in which seeks to act collectively as a community to maintain local subsistence living standards without outside dependence.

These ways of balancing the ordeal of the occupation against a resolve to live as authentically as possible in traditional ways is what most truly captures the complex truths of life in Bil’in. In other words, the weekly protests that gave Bil’in worldwide prominence are the visible display of stubborn resistance. These marches to the wall opposed by Israel’s active military presence are the front story, but it is the back story of the daily lived life of residents that is the core of a resistance-unto-death that is quietly enacted on an hourly basis by the people of Bil’in. This extended exposure to the voiced experiences of Bil’in’s residents also abandons the conventional reliance of scholarly inquiry on the binary optics of oppressor/victim or victim/resister. This enriches the appreciation that Palestinian life under occupation is not properly interpreted as an either/or reality, but is more truly constituted by a richer interwoven texture of creative adaptation, stubborn revolt, depressing captivity, and liberating defiance.

Suzanne Hammad’s relationship to this account of her experience in Bil’in is at once deeply personal while at the same time managing to uphold the best traditions of academic rigor. She does not obscure her own background whose father left Nablus in the 1967 War for the sake of economic opportunity to start a family outside, taking refuge in an Arab country. She makes no effort to offer a balancing rationale for the Zionist Project or set forth the Israeli security narrative, yet this book came across to me as not only revelatory but entirely trustworthy. Hammad attains her goals by allowing the people of Bil’in to speak about their lives in ways that enlighten readers no matter how familiar they are with the large literature on the Palestine struggle. This study is also a rebuke to those who insist that objectivity requires a total detachment from partisan perspectives by achieving an understanding of Palestinian resistance that has eluded conventional scholarship for more than seven decades.

There are some lingering questions that make me urge Hammad to consider undertaking a sequel.

            –Is this attachment to home and place especially strong in Bil’in because the fence/Wall bisects the lived life of the village, or has this sense of loss transcended the physicality of Bil’in to become part of a broader Palestinian imaginary by way of empathy and projection?

            –If after a few years, will a renewed immersion in Bil’in after a year or so confirm the persistence of Hammad’s findings, given the heightened Israeli provocations of the extremist leadership that took over the Israel government at the start of 2023, and put the West Bank at the top of its expansionist policy agenda?

            –How do the daily lives of city dwellers in Jenin or Nablus exhibit resistance in ways that either resemble or differ from Bil’in and from one other?

            –And even more wider afield, is everyday Palestinian resistance, with its pride of place and home attached to sumud unique to the Palestinian reality, or is it paralleled in other national situations of sustained repression of an ethnically distinct people in similar or differing ways? For example, Kashmir, Western Sahara, Catalonia, Tibet, Rohingya (Rakhine State, Myanmar)?

Hammad’s inspiring study has many additional ramifications that invite further study, but as a way of conceiving the Palestinian ordeal this book presents the most convincing, compassionate, and imaginative understanding of just how deep and abiding are the roots of Palestinian resistance. It is a great achievement as well as a loving tribute to the forms of resistance enacted by the village people of Bil’in against the apartheid regime of mighty Israel.

Richard Falk

Rome, July 24, 2023


 [

Suzanne Hammad on Embedded Palestinian Resistance in Bil’in in West Bank: Rooted in Land and Home

6 Feb

[Prefatory Note: I wanted to share a foreword that I wrote to an exceptional ethnographic study of everyday resistance by residents of the Palestinian village of Bil’in, quite near Ramallah, based on the Suzanne Hammad three years of residence and informed observation. It enriches our understanding of core forms of resistance embedded in home and land. It offers a parallel to the commin perception of resistance as distinct protest activity, both violent and non-violent, for which Bil’in was previously international known as a result of its weekly protests that were provoked by the intrusive construction of the Israeli separation wall. This book written well before October 2023 when the genocidal onslaught by Israel on Gaza was published in 2023 by Rowman & Littlefield, and available in a Kindle edition, unfortunately with a high price-tag.]

Suzanne Hammad, Toward a Theory of Emplaced Resistances: Everything

            Starts and Ends with the Land, Foreword by Richard Falk, 2023.

This fascinating book gives us not only creative ways of grasping the underlying continuities of the Palestinian ordeal but also a truly original conception of why the long arc of resistance and resilience, stretching across time and taking certain distinctive forms, has been sustained for more than a century in the face of assorted trials and tribulations. None of these tests of Palestinian resistance was greater than the double assault on the fundamentals of Palestinian normalcy in the West Bank than that posed by the ever-expanding settlement movement and the connected construction of an encroaching Separation Wall on mostly occupied Palestinian land commencing in 2001.

Suzanne Hammad views the evolving Palestinian reality through an ethnographic lens that complements what the media reports, leaders and intellectuals have to say, and militants achieve by direct confrontation with the daily experience of Palestinians living under the heavy boot of Israel’s apartheid regime which pursues with accelerating vigor its own agenda of ethnic cleansing and dispossession of people from their land. To carry out such an exploration led Hammad to conduct her field research for three years in a single West Bank community, the village of Bil’in. The implications of her findings have a broad resonance for Palestinian studies as they illuminate the realities of many similar villages subject to occupation, and indeed inform the situation and consciousness of all Palestinians regardless of whether living under occupation, in Arab refugee camps, or in pre-1967 Israel. In this sense, Bil’in with its population of less than 2000 offers us a rich metaphor by which to decipher the entire Palestinian predicament, and better appreciate the various modes of response that underpin resistance not only to the existential abuses being experienced under occupation but to the foreshadowing of an inevitable liberation that Israel’s state violence is capable of punishing harshly, yet unable so far to destroy. It might even be unable to comprehend such resistance. It is bringing to light these under-appreciated facets of Palestinian sumud or steadfastness that makes this book illuminating reading for all who wish to gain a deeper comprehension of this tragic struggle that remains horizonless as to beginning and end.

Although Bil’in is but one of many West Bank villages, its selection by the author as her main case study is hardly accidental or arbitrary. This village distinguished itself from many other superficially similar villages in at least two important ways. First, residents experienced the severe intrusion of the Wall upon its living space, vividly exemplified by the barbed wire, electrified fence passing through Bil’in in ways that cut its residents off from 60% of their agricultural growing and grazing land, as well as the surrounding ‘empty’ areas used for recreation, reflection, and spiritual growth, including gatherings of the whole community during holidays, and even more during the harvesting times, especially of olives. Bil’in’s inhabitants were cut off by a permit system that was required to pass the single gate in the wall that granted them permission to go beyond the mostly residential part of the village, and in some cases, gain access to their own farmland. Secondly, residents reacted through collective anti-Wall protests every Friday for at least 15 years starting in 2005. The continuity and persistence of these protest dramatized Palestinian opposition to the Wall and the resolve of villagers to resist non-violently, yet with courage and resolve. This activism in Bil’in contrasted reliance on peaceful methods with the violent brutality of Israel’s apartheid regime, which imposes Jewish supremacy even in occupied Palestine and in defiance of international humanitarian law. In relation to the Wall, Israeli defiance became overt as Israel rejected the near unanimous (14-1) findings of the World Court’s Advisory Opinion of 2004. Such an authoritative legal endorsement of Bil’in fundamental grievance added legitimacy to the Friday protests by confirming that it was unlawful for Israel to construct a supposed security Wall on Occupied Palestinian Territory, and hence the Wall should be dismantled, and the Palestinians given reparations for the harm sustained. Implicit in the Advisory Opinion was the related idea that Israel’s situating the Wall on Palestinian territory was more a land grab than a genuine security measure.

We ignore the special contribution of Hammad’s inquiry if we are content with this most visible level of interaction, which is to depict both the depth of Palestinian suffering and its transcendence in the lived daily life of the residents of Bil’in. On the one side a deprivation so severe that it prompts inhabitants to pronounce their condition by such sayings as ‘we’re alive only because we are not dead yet” or “if we had the chance we would choose death over living under occupation.” And yet, this is not at all the bleak understanding that Hammad seeks to impart, which is rather a seemingly contradictory sense in Bil’in that our life is not worth living and yet if we will go on living our values, resisting Israel’s encroachments, and transcending their harmful intentions, by nurturing the pride and pleasure associated with sustaining our way of life in the face of hardships, humiliations, and humbling adjustments we will be living the best possible life given the circumstances. To get at this interface between despair and transcendence, Hammad enables us to listen closely to the voices of Bil’in’s people, which dominate the text. This witnessing by Bil’inians decries the pain of profound loss yet seamlessly affirms their pride and meaning of life by maintaining organic connections as best they can with the land and their ancestral homes by doing as much of what they did before the Wall by walking alone or with a friend in the arid wilderness beyond the fertile land or convening the village children and elders to take part in the annual olive harvests that are more than agricultural and livelihood happenings, but are truly sacred rituals that combine work, play, festivals of remembrance, and defiant reaffirmations of a sense of belonging that guns, settlements, and provocations are incapable of damaging, let alone destroying.

Along the way we become privy to many telling details that add credibility to this seeming impossible atmosphere of existential contradiction. For instance, the residents of Bil’in do not waste a moment of regret lamenting their decision to stay in their homes as near as possible to their land on the wrong side of the Wall, come what may in terms of settler violence, encroachment, and Israeli tactics of repression. On the contrary, those Palestinians who departed from their homes and land increased their experience of injustice and suffering associated with Israeli 1948 tactics of dispossession and subsequent reenactments of the nakba; in retrospect, those so coerced, should for their own sake have stayed, resisted, and even accepting death as preferable to displacement, however cruelly induced to attain the Zionist settler colonial goals.

In another telling example, Hammad show us how those Bil’in residents rendered unable to grow their own subsistence food on their diminished farmland, losing the dignity associated with living off the produce yielded from one’s own land as generations before them had done. A further creative initiative undertaken not only for practical reasons, but in the spirit of nonviolent resistance is a food sovereignty movement in Bil’in which seeks to act collectively as a community to maintain local subsistence living standards without outside dependence.

These ways of balancing the ordeal of the occupation against a resolve to live as authentically as possible in traditional ways is what most truly captures the complex truths of life in Bil’in. In other words, the weekly protests that gave Bil’in worldwide prominence are the visible display of stubborn resistance. These marches to the wall opposed by Israel’s active military presence are the front story, but it is the back story of the daily lived life of residents that is the core of a resistance-unto-death that is quietly enacted on an hourly basis by the people of Bil’in. This extended exposure to the voiced experiences of Bil’in’s residents also abandons the conventional reliance of scholarly inquiry on the binary optics of oppressor/victim or victim/resister. This enriches the appreciation that Palestinian life under occupation is not properly interpreted as an either/or reality, but is more truly constituted by a richer interwoven texture of creative adaptation, stubborn revolt, depressing captivity, and liberating defiance.

Suzanne Hammad’s relationship to this account of her experience in Bil’in is at once deeply personal while at the same time managing to uphold the best traditions of academic rigor. She does not obscure her own background whose father left Nablus in the 1967 War for the sake of economic opportunity to start a family outside, taking refuge in an Arab country. She makes no effort to offer a balancing rationale for the Zionist Project or set forth the Israeli security narrative, yet this book came across to me as not only revelatory but entirely trustworthy. Hammad attains her goals by allowing the people of Bil’in to speak about their lives in ways that enlighten readers no matter how familiar they are with the large literature on the Palestine struggle. This study is also a rebuke to those who insist that objectivity requires a total detachment from partisan perspectives by achieving an understanding of Palestinian resistance that has eluded conventional scholarship for more than seven decades.

There are some lingering questions that make me urge Hammad to consider undertaking a sequel.

            –Is this attachment to home and place especially strong in Bil’in because the fence/Wall bisects the lived life of the village, or has this sense of loss transcended the physicality of Bil’in to become part of a broader Palestinian imaginary by way of empathy and projection?

            –If after a few years, will a renewed immersion in Bil’in after a year or so confirm the persistence of Hammad’s findings, given the heightened Israeli provocations of the extremist leadership that took over the Israel government at the start of 2023, and put the West Bank at the top of its expansionist policy agenda?

            –How do the daily lives of city dwellers in Jenin or Nablus exhibit resistance in ways that either resemble or differ from Bil’in and from one other?

            –And even more wider afield, is everyday Palestinian resistance, with its pride of place and home attached to sumud unique to the Palestinian reality, or is it paralleled in other national situations of sustained repression of an ethnically distinct people in similar or differing ways? For example, Kashmir, Western Sahara, Catalonia, Tibet, Rohingya (Rakhine State, Myanmar)?

Hammad’s inspiring study has many additional ramifications that invite further study, but as a way of conceiving the Palestinian ordeal this book presents the most convincing, compassionate, and imaginative understanding of just how deep and abiding are the roots of Palestinian resistance. It is a great achievement as well as a loving tribute to the forms of resistance enacted by the village people of Bil’in against the apartheid regime of mighty Israel.

Richard Falk