Falcone Interviews Lawrence Davidson, Stephen Zunes, Richard Falk on Iran War and the Future

3 Jul

[Prefatory Note: The post below is the text of an interview with Lawrence Davidson, Stephen Zunes, and myself on the wider meanings to be attributed to the aggressive attack of June 13, 2023 by Israel and the US on Iran’s nuclear sites in response to contested claims by Israel of a rising Iranian threat of crossing the line, and becoming a nuclear weapons-possessing state. This latter claim was initially denied by Tulsi Gabbard the US Director of National Intelligence, but altered after being overridden by the White House and Pentagon in explaining their partnering with Israel in the Iran War. Under prodding from Trump a ceasefire was established and so far respected by Israel and Iran with warnings from both governments that if conditions change, a resumption of hostilities will occur. On the Israeli side it was never clear whether additional to the priority of destroying Iran’s nuclear program, it was also seizing the opportunity to promote and assist a movement for regime change from within. Iranians seem divided as to whether the Tehran government enjoyed widespread support during the attack or whether secular opposition forces in Iran were encouraged to renew their attempt to escalate opposition. The text below was published by CounterPunch on July 1 as edited by Daniel Falcone, a highly respected independent journalist.]

Hegemony, Escalation & Resistance: US Foreign Policy Toward Iran

A Conversation with Leading Analysts

In this latest and extensive discussion on US strikes on Iranian nuclear sites, CounterPunchfeatures international relations scholar Stephen Zunes, Middle East historian Lawrence Davidson, and legal expert and former UN rapporteur Richard Falk, to explain the fundamental dynamics of US foreign policy in the Middle East, with a particular focus on the Trump administration.

This conversation addresses several key themes, including: the continuity of US imperialism in the region, the strategic use of Israel as a proxy power, the decline of democratic accountability in war-making decisions, the erosion of international law and human rights discourse, the challenges facing civil society in resisting militarism, and the need to construct a more ethical and consistent framework for evaluating foreign policy.

Daniel Falcone: Can you explain the ways that Trump and American foreign policy toward the Middle East and Iran has continued its colonial path in distributing hard and soft power to the region? What might escalation look like? 

Lawrence Davidson: Despite the isolationist mood of a segment of Trump’s supporters, the assumption among most of the “ruling economic class” is still that the U.S. must assert control over markets and resources. Thus, there is no reason to expect a significant diminishment in overseas adventures (though as explained below, how these are prioritized in the U.S. is a function of lobby power).

Indeed, Trump’s rather disgusting mimicking of Mussolini and Hitler by asserting unilateral claims to the Panama Canal, Greenland and even Canada is just a modern twist, albeit an embarrassing one, on U.S. colonialism. 

Stephen Zunes: The bombing of Iran is the logical extension of the 2002 U.S. National Security Strategy which essentially made the case that the United States would not tolerate regional powers challenging its hegemony in important regions like the oil-rich Middle East. After the overthrow of Saddam in Iraq in the 2003 U.S. invasion and the ouster of Assad in Syria by his own people last year, Iran is the only recognized state to resist effective U.S. control of the entire region.

When we think of the obsession U.S. policy makers have had with Cuba for the past 65 years and with Nicaragua and Chile in previous decades due to their resistance to U.S. domination, it’s not surprising that a large, relatively powerful, and resource-rich country like Iran would become such a focus. And, given the reactionary and authoritarian nature of the regime, its isolation in the region, and its unpopularity among its own people, it has become a perfect foil.

Let’s remember that Trump was never antiwar; he just opposed other people’s wars. He has always believed in war making to advance U.S. hegemony. His claims of being antiwar were as disingenuous as his claims he would stand up against Wall Street—he recognized that it was the best way to win over white working-class voters who had seen how Democratic hawks like Hillary Clinton and Joe Biden supported sending their kids to die in Middle Eastern conflicts.

Israel and its supporters are useful allies in implementing this policy, but they are not the source of it. Given the Iraq debacle, Israel has been utilized as a surrogate in a manner similar to the ways in which the U.S. tried to use the Shah in the 1970s, advancing U.S. interests through wars without sacrificing American lives. Israel’s attacks on Gaza, Lebanon, Syria, Yemen, and Iran make it so the United States only needs to intervene directly in extraordinary circumstances, such as in delivering 30,000-pound bombs safely from a high altitude.

As German Chancellor Friedrich Merz put it, “Israel is doing the dirty work for all of us”—a disturbing description in that it conjures up how, during the Middle Ages and other times in European history, the ruling class used some Jews to do the “dirty work” (i.e., money-lenders, tax collectors) so they could later be scapegoated rather than allow the masses to go after those who really had the power. Using Israel to attack the West’s enemies in the Middle East follows this pattern. Already, we are hearing some war critics insist that “the Zionists” are somehow forcing an otherwise reluctant United States and Europe to support wars of aggression rather than recognizing Israel’s role as that of a proxy for Western imperialism, a chorus which will likely increase should the United States be dragged down in an ongoing military conflict with Iran.

Washington has long acknowledged Israel’s role of a surrogate. President Biden has stated that “If it weren’t for Israel, we’d have to invent them.” Former Secretary of State Alexander Haig referred to Israel as our “unsinkable aircraft carrier.”

If the goal was simply to prevent Iran from getting a nuclear weapon, which was the focus of the Obama administration, Trump would not have abrogated the Joint Comprehensive Program of Action (JCPOA, or “the Iran nuclear deal.”) By pulling out and reimposing sanctions, Trump effectively provoked Iran into enriching uranium to a degree that could someday potentially lead to weaponization and thereby provide a pretext for war. The actual goal, therefore, has been to weaken Iran as much as possible, and Israel was quite willing for its own reasons to play along as well. Indeed, Israeli air strikes have gone well beyond targets related to its nuclear program and Washington has supported them in doing so.

I met with then-Iranian Foreign Minister Javad Zarif in Tehran in 2019. He explained how it took nearly a decade of posturing and two years of intense negotiations to create the JCPOA, signed by seven governments and endorsed by the United Nations. He noted how he met with then-Secretary of State John Kerry no less than 50 times to go over the draft line by line. The idea that Trump could impose an even more restrictive agreement simply by demanding it was at best naïve and more likely just an excuse to go to war. Indeed, nuclear talks had resumed and were ongoing when the U.S.-backed Israeli war on Iran began. Neither the United States nor Israel wanted them to succeed.

The U.S. bombing of Iran, therefore, is not ultimately about nuclear policy or about Israel. It’s about hegemony. Thus, there is a serious risk of escalation. The United States has 40,000 troops within a couple hundred miles of Iran, easily within range of not just Iranian missiles, but drones and other weaponry. Iranian proxy militia in Iran could target U.S. bases.

The U.S. Navy is just off the Iranian coast, which could also be targeted, and the Iranians could attempt to close the Strait of Hormuz, crippling the world oil supply and threatening the global economy. Trump, meanwhile, explicitly threatened to unleash “a tragedy for Iran far greater than we have witnessed over the last eight days” if Iran retaliates. It’s possible that Iran’s military capabilities have been damaged enough to limit their response, but it is hard to imagine that Saturday’s night air strikes are the end of U.S.-Iranian fighting.

Richard Falk: To gain perspective on the present alarming situation, I begin my response by taking note of the US foreign policy response to the Suez Operation of Israel, UK, and France during the Eisenhower presidency in 1956. This was both the first, last, and only occasion on which the US Government adopted a position that distanced itself from a colonialist initiative in the Middle East or anywhere. It was represented the only foreign policy challenge in which the US gave priority to its legal commitment to uphold the UN Charter even when its constraints were inconsistent with its geopolitical alignments both with its NATO partners and Israel since the end of World War II and remains so fifty years later. It was particularly impressive at the time because Nasser’s Egypt was hostile to the West and a harsh critic of Israel statehood at the expense of Palestine, and beyond all this was on friendly terms with the Soviet Union at a time of rising Cold War tensions.

In a superficial sense, the US response to the Suez Operation demanding withdrawal from Egyptian territory was consistent with its leadership in the UN after North Korea attacked South Korea or at least seemed so at the outset of the Korean War as the defense of South Korea was given legal authorization by the UN, including the Security Council. This was only possible because the Soviet Union was boycotting the UN at the time because of its refusal to seat China’s Peoples Republic as representing China, and could not cast its veto to block UN support for South Korea. The Soviet Union learned its lesson, returned to the Security Council, and never again boycotted the Organization. Yet the Korean precedent is quite different as the US tends to resort to a legalistic approach whenever its adversaries violate Charter norms on the use of international force, and no time else. North Korea as a hard-core Communist country was an adversary and for this reason prappeals to the UN appeals by the West, similar to the US immediate reaction to the 2022 Russian attack on Ukraine. Both in the Korean and Ukrainian wars recourse to force was provoked by the West-oriented governments, especially the US, but covered up by influential international media platforms.

It is notable that the deep state, and its visible manifestations in the Council on Foreign Relations and the Washington think tanks, faulted this US response in 1956 because it mistakenly adhered to international law at the cost of weakening its alliance relations, which was interpreted to mean weakening strategic national interests that were associated with the central issue of unconditionally opposing the Soviet Union and all direct and indirect extensions of its influence beyond its geopolitical borders. This post-mortem critique of US statecraft prevailed, and the US Government never again sacrificed its strategic interests out of deference to international law or the UN in the Middle East, or elsewhere. In the early stages of Israel’s existence it meant balancing relations with Israel as a settler colonial exception to decolonizing historical worldwide trends against the pragmatic priority of securing for the West assured access to Gulf oil at stable prices, which meant a maximum effort to minimize Soviet influence even at the risk of major warfare and also a maximum effort to avoid antagonizing the anti-Israeli stance of Arab governments during the remainder of the 20th century.

Long before the Suez Crisis the colonialist penetration of the region was introduced in a somewhat disguised Orientalist form by the Balfour Declaration of 1917 in which the British Foreign Secretary pledged support for the establishment of a Jewish homeland in Palestine without even a pretense of consultation with the resident Arab population of post-Ottoman Palestine. The Balfour Declaration represented an expression of overt colonialist arrogance to solve European problems associated with antisemitism at the sacrifice of Palestinian rights of self-determination undertaken without any show of concerns about the impassioned grander ambitions of the Zionist Movement that went far beyond establishing a non-governing homeland in a foreign sovereign state even at this early stage. British motivations included a typical application of the divide and rule tactics of colonial governance through encouraging Jewish immigration as a check on rising Palestinian nationalism. It backfired as anti-colonial nationalism flourished, the Zionist Movement shifted its focus from gratitude to Balfour to the adoption of armed struggle against the British colonial administration in Palestine. The legacy of these several varieties of colonialism policy was to inflict on post-1945 Middle East life a continuous series of wars, prolonged tensions that solidified Israeli autocratic rule dependent on the US, and worst of all, the embodiment of the Zionist domination of the Israeli state which entailed systemic human rights violations, ethnic cleansing, culminating in apartheid and genocide, and the establishment of a sophisticated and ruthless settler colonial state that made Palestinians persecuted strangers in their own homeland, victimized by a lethal fusion of apartheid and genocide. 

This balancing of strategic interests was tested, and reaffirmed in the context of the 1967 War in which Israel lost its identity as a strategic burden worth protecting for a variety of political reasons to become a highly valued partner in ensuring Western control of the region despite the formal independence achieved by Arab national movements in the MENA region that included the North African states. From this time forward to the present the US never challenged Israel’s use of force in the region, including its flagrant violations of the Geneva Conventions in its administration of the Palestinian territories of East Jerusalem, West Bank, and Gaza occupied by force during the 1967 War. There was a naive attempt to find a solution to the Israel/Palestinian conflict by way of the framework set forth in Security Council Resolution 242 adopted shortly after the war end, which wrongly anticipated Isreal’s early withdrawal from these Palestinian territories after minor border adjustments. As we now know more than half a century later this withdrawal never happened and was probably never contemplated by the Zionist leadership that held sway in Tel Aviv. Given this unfinished nature of the expansionist Israeli agenda as marching in lockstep with the imperial nature of the US approach to the Middle East.

The result was a gradual normalization of these realities that achieved a bipartisan consensus second in solidity only to the anti-Communism of the Cold War. In effect, the US became the replacement for the UK and France colonial management of Western political and economic interest in the Middle East, whose policies were increasingly at odds with support for international law, UN majority sentiments, and the essential decolonizing ethos of national self-determination. The growing dependence of Gulf Arab governments on stabilizing relations with the US became evident in the aftermath of the 1973 War in which the temporary prohibition of oil sales to the West gave rise to long lines at US gas stations and reactive scenarios of US intervention dramatized on the cover of a leading national magazine with an image of American commandos parachuting in Gulf airspace to take over the production and distribution of oil and natural gas to the West. Subsequently, the leading Arab governments and the US, and even Israel, informally made a mutual accommodation, acknowledging a Palestinian right to statehood, but turning a blind eye to Israel occupation settlement policies designed to make the establishment of a viable Palestinian state impossible, dismissed by Palestinian liberation politics as ‘breadcrumb diplomacy’ or a new version of South African bantustans.

Daniel Falcone: What do you foresee the role of civil society and intergovernmental organizations in the coming days and weeks regarding Iran?

Lawrence Davidson: There will be some protests and much analysis. However, it may be that the die is cast. It will be a hard sell to make international law and human rights effective guides for state behavior. If the historical record is predictive, they will not again serve as guides until we experience some sort of sobering catastrophe.

As to Iran specifically, its war of attrition with Israel will continue. Despite the spin of U.S. reporting, Israel will be the first to face a real crisis. This will force the U.S. back into the war–in order to halt Iranian attacks. The Zionist lobby will insist on this. The Zionists will not draw any of the obvious lessons from the Iranian attacks.

Stephen Zunes: Unlike the Bush administration and its allies in the media, who put great effort into convincing Americans to support the war on Iraq, Trump has put little energy into convincing Americans to support war on Iran. His speech Saturday evening seemed largely improvised and lasted only four minutes. It’s as if the U.S. has become so deindustrialized they can’t even manufacture consent anymore.

On the positive side, polls prior to the U.S. bombing showed overwhelming majorities opposing the United States entering the war, with barely 15% supporting it. Unlike the first couple years of the Vietnam War and the first several months of the Iraq War, we don’t have to work to get most Americans on our side. They already are. Even some pro-Israel groups (i.e., J Street, New Jewish Narrative) have come out against war with Iran, demonstrating there are divisions even among Zionists.

Unfortunately, American civil society is badly distracted simply in defending itself from an increasingly authoritarian state and the havoc it has unleashed against minorities, immigrants, education, the environment, and government itself. Mobilizing against a war, particularly one that does not involve American ground troops, in the face of all the other political crises could be challenging. Furthermore, unlike the 1980s when activists were inspired to defend a promising if imperfect socialist experiment in Nicaragua against a U.S. assault, Iran is a decidedly reactionary regime which most of its own people would like to see toppled (albeit not by a foreign power).

Little can be expected from intergovernmental organizations either. There is obviously the threat of a U.S. veto of anything the UN Security Council would try to offer. More generally, Iran is seen in the region and beyond as a something of a pariah state, so few nations, particularly in the West, can be expected to stick their necks out in defense of international law, even if Iran’s grievances are valid.

Richard Falk: If interpreting this question as pertaining to Europe and North America, as well as Israel and Palestine, it is anticipated that anti-war civil society organizations will be very active in opposing the attacks on Iran’s nuclear program and its facilities devoted to enrichment of uranium. If the war goals are extended to regime change by Israel and supported by the US such opposition might be expected to grow. Trump’s foreign policy identity was established by opposition to any future US involvement in ‘forever wars’ and state-building undertakings (that failed at great expense most spectacularly in Iraq and Afghanistan) by invoking a neo-isolationist foreign policy sloganized as ‘America First,’ while being sustained by militarist domestic rule and neo-fascist ideology incorporating unconditional support for whatever Israel undertakes, however, unlawful, cruel, and risky.

In the context of the evolving unprovoked aggressive war against Iran, civil society and the UN are confronted by an almost total inversion of the posture taken in the Suez Crisis. With respect to Iran, the violation of UN Charter red lines designed to uphold war prevention commitments, the US and the West dismissive attitude toward the relevance of international law in the event of recourse to non-defensive warmaking. Here the rationalization for Israel’s aggression, addressed sympathetically in Western media, is based on alleged threat perception relating to an apprehended Iranian possession of nuclear warheads. A more reasonable view of the nuclear dimension of national security would situate the threat on Israel’s side of the bright red line.

After all Israel has a covertly acquired nuclear weapons arsenal of 300-400 warheads as facilitated by Western secret assistance and as purged from the periodic nonproliferation review program agendas. While Iran is a generally complying party to the NPT Israel has never joined, and has rejected efforts to establish a nuclear free zone in the Middle East, a proposal ardently supported in the past by both Iran and Saudi Arabia. Sich a nuclear weapons free zone in the Middle East was repeated rejected by Israel and its Western backers. It would at least readjust the international debate if NGOs and the UN brought these realities into the light of day. As it is, the nuclear path chosen by North Korea would serve as a national security tutorial on the benefits of proliferation in the Nuclear Age. Despite hostility to North Korea and its acquisition of nuclear weapons capability, its nuclear program and nuclear weapons arsenal were never attacked. In contrast, Libya, Ukraine, and now Iran have been presumably attacked because they lacked a nuclear retaliatory capability. The lessons to be drawn are ominous.

Beyond the nuclear dimension, it would be important to understand that US support for Israel in relation to Iran is partly based on a racist containment rationale that carried into practice Samuel Huntington’s 1990s anticipation of a ‘clash of civilizations’ along the faultlines of the Middle East separating Islam from the white West. From this perspective Israel is integral to Western post-colonial imperialism, manning the frontline of Islamic containment, and doing the dirty work of the West backed up by the US to the extent necessary. Iran to an extent conspired by vowing to destroy Zionist governance in Israel and encouraging street chants along the lines of ‘death to Israel, death to America.’

Daniel Falcone:  To what extent does domestic political pressure, such as lobbying from interest groups or bipartisan consensus, limit the critical reassessments of the US war machine?

Lawrence Davidson: I don’t think that the elected leaders of the U.S. consciously say to themselves, “We are colonialists and that is our path.” True, they are racists: personified in a series of recent elected leaders such as Reagan, the Bush boys, Biden and now Trump. But remember in many ways Trump and the others are “us.”  

After all, these horrific “leaders” were all elected by an appreciable subset of the US population. But once elected they were all enveloped in a system wherein policy is the product of dominant interest groups. The most dominant one, in terms of foreign policy, is the Zionists.

It has been over 80 years since the U.S. government as such has overseen its own Middle East policy, The Zionist lobby is in charge, because that is how our modern system works. The same special interest domination is to be found in the foreign policy toward Cuba, and, for that matter, the domestic policy toward gun control, abortion, etc. Each has its own dominant lobby. Want to change policy? Well, it is insufficient to change the leader or the party. One must destroy the relevant special interest. 

Stephen Zunes: When U.S. intelligence reports reiterated that Iran was not in fact working to building nuclear weapons, instead of taking the Bush administration approach of rewriting the intelligence to conform with his policy, Trump simply insisted that it was wrong. He even repeated the long-bunked argument that Iran was responsible for a thousand American deaths in Iraq. There hasn’t, therefore, been much pressure from the military and traditional national security establishment to go war. Unfortunately, few Democratic leaders in Congress have challenged the Trump administration’s talking points either.

As with Israel/Palestine, there is a huge gap between the views of Democratic voters and their elected officials. Chuck Schumer, Hakeem Jeffries, and other Democratic leaders came out in support of Israel’s unprovoked attack on Iran, insisting it was for “self-defense.” Their repeated mantra that “Iran must not be allowed to develop a nuclear weapon” without simultaneously demanding a return to the JCPOA would seem to indicate an openness to military solutions over diplomatic ones, apparently believing that Obama’s approach (a binding international treaty Iran already agreed to that would make it physically impossible for Iran to ever build a nuclear weapon) is inadequate while Trump’s approach (make war, even if it doesn’t actually prevent them from doing so) is somehow more valid.

Given how most Congressional Democrats have had no problem with Netanyahu’s criminal warmaking in Gaza, it’s not surprising that Trump thought he could get away with launching an illegal war as well. Fortunately, he is getting some pushback from even the more hawkish Democrats, though primarily as a result of his refusal to abide by the War Powers Act, or even the U.S. Constitution, in ordering the attack without the required consent or even notification of Congress. It is questionable whether Congress will follow through with any concrete action, such as impeachment, which would be quite appropriate.

Certainly, AIPAC and some other pro-Israel groups, including rightwing Christian evangelicals, have been pressuring for war with Iran for years, but their clout primarily has been with Congress, not the executive branch, and Congress has largely been frozen out of the decisions regarding Iran. There is little indication that they were decisive in Trump’s decision to join the war. Meanwhile, the calls and emails to Congress this past week have been overwhelmingly negative, serving as a reminder of the public mood and potentially laying the groundwork for a more proactive Congress on foreign affairs in the face of years of consolidation of power in the executive branch.

Richard Falk: There is a rather unnoticed paradox that underlies US foreign policy in the Trump Era. On the one side Trump’s coercive maneuvers are opening the gates to the collapse of democracy and the onset of an American variant of fascism. On a second side, Trump as the overt and in-your-face autocrat seems captive to Zionist pressures as mounted by well-funded pro-Israeli lobbying by AIPAC, by the distinct worldview of Christian Evangelists that fuses unconditional support for Israel with exclusionist antisemitic motivations similar to the attitudes that underlay the Balfour Declaration, and by far right politics that admired Israeli Prussianism while demeaning the Global South. On a third side, private sector profitability among arms producers benefits from US engagement in foreign wars and regime change undertakings are seen as opportunities rather than costly misadventures. On a fourth side, group think in foreign policy advisory elites and the Potomac River think tanks exclude from their ranks even realist voices such as those of John Mearsheimer and Steven Walt who counsel prudence and a more nationalist and restrained conception of foreign policy. These factors in various ways obstruct critical reassessments of US militarist foreign policy, generating the amazing stability of bipartisan pro-Israel policy even when American arms are used to commit atrocities and Crimes Against Humanity.

This gives rise to curiosity about the American deep state, centered in the CIA bureaucracy. Does it share the group think version of a realist US foreign policy, or is it more critical along Mearsheimer/Walt modes of thinking? It is beyond reasonable horizons of hopefulness to imagine that deep state operatives favor a more law-oriented, justice-driven US foreign policy agenda. Yet it might be deep state rising concerns about long-range global challenges, including unwanted, catastrophic recourse to nuclear war and global warming calamities of climate change, to favor a more cooperative approach to inter-governmental relations to achieve functional adjustments that if left unattended spell almost certain doom for the country, and even planet. Such a viewpoint if at all present among deep state regulars will surely draw lessons from the maladroit approach being taken by the US to Middle Eastern stability and global problem-solving. It is hard to estimate whether deep state insulation from special interest lobbying tends to produce a more knowledge-based approach to foreign policy or whether its orientation is as shortsighted as its elected leaders whose views are much affected by populist mood swings. Of course, Trump is an extreme instance of policy driven by political intuition, and contemptuous of experts and time-honored constraints on the exercise of power, above all recourse to war.

Daniel Falcone: Given the battered state of global human rights discourse and international law, how can scholars and citizens alike construct a more ethical and consistent framework for evaluating foreign policy? 

Lawrence Davidson: I don’t have a very optimistic answer to this question. Most people are very local in their understanding of the world–local geographically and in temporal terms. In the face of this, it is our job to keep the memory and potential of international law and human rights alive. In this regard I think Richard Falk is a great example. 

Stephen Zunes: I never imagined back during my radical youth, with my idealist view of building a progressive egalitarian society, that I would today be fighting what may be a losing battle simply to save the liberalism of my parents’ generation—the belief that, through the establishment of the United Nations system, the nations of the world could prevent future aggressive war and that most of the world’s governments, at least among the liberal democracies, would recognize their obligation to uphold international law. In reality, as we have seen in the case of Iraq and subsequently, the U.S. government, often with bipartisan support, can get away with making war on countries on the far side of the world that are no threat to us. We have also seen how both the Trump and Biden administrations are willing to formally recognize the illegal annexation of territories seized by military force. By contrast, even Reagan was willing to support UN Security Council resolutions opposing Israel’s illegal annexation of Syria’s Golan region and supporting Western Sahara’s right to self-determination. 

Discourse on human rights and international law in Washington has swung way to the right in recent decades. The bipartisan support for Israel’s war on Gaza strongly suggests that if today’s Democrats were in power in the 1980s, they would have supported the death squads in El Salvador, the Contra terrorists in Nicaragua, and the genocidal war on the indigenous peoples in Guatemala. They would have probably attacked the International Court of Justice, other UN agencies, and Amnesty International for addressing human rights abuses by U.S. allies, as they have done in the case of Israel.

Yet the American public, if polls are to be believed, feel even stronger about protecting human rights and the rule of law than ever. The double standards regarding Russian attacks on Ukrainian hospitals (and Iran’s attack on the Israeli hospital in Beersheva), for example, in light of the destruction of dozens of Palestinian hospitals in Gaza, are so flagrant that millions of Americans who might have used these other atrocities to embrace U.S. policy now respond with appropriate skepticism. The inadmissibility of expanding territory by force, used to justify U.S. support for Ukraine, rings hollow in light of U.S. recognition of Israel’s illegal annexation of Syria’s Golan Heights and Morocco’s illegal annexation of the entire nation of Western Sahara.

Previous presidents at least pretended to care about human rights and international law, even if required extreme verbal gymnastics and flagrant double-standards to do so. Trump, by contrast, doesn’t ever pretend to care about them. 

This provides an opening for civil society to demand a renewed commitment to the international legal order, particularly given how the U.S. refusal to live up to these commitments have generally not ended well, e.g. Iraq. Indeed, if the United States, with its enormous military, economic, and diplomatic power, can refuse to play by the rules, why should anyone else? If the moral and legal arguments are not compelling enough, an enlightened utilitarianism, recognizing how U.S. failure to live up to these standards has provided an opening for despots and terrorists, might spark a renewed commitment to human rights and international law.

Richard Falk: It is crucial that both scholars and citizens point to the Western abandonment of the war prevention and global security aspirations of the architects of the post-1945 world order. This abandonment began, of course, far earlier than the period since the Soviet collapse in the tactics deployed by both sides in the Cold War, involving state terror to defend spheres of interest and eliminate hostile political actors and movements. The embrace of Israel’s genocidal retaliation to the events of October 7 brought these geopolitics of lawless violence to a transparent climax accompanied by an unattended humanitarian emergency and now followed by the launch of an aggressive war against Iran. Despite rising civil society concerns the UN was kept on the sidelines, and Western offialdom has refrained from naming Israel behavior as ‘apartheid’ followed by ‘genocide,’ indeed selectively punishing those who shouldered burdens of talking truth to power. In the post-attack Iran context, the corporatized media gives ample outlets for Israeli spokespersons and advisors while virtually silencing global voices of conscience that bring to the fore concerns about war, law, justice, and human rights. Much of this recent weakening of democracy proceeds from what appears to be entirely voluntary self-censorship.

Given the depth of global challenges, these unheard voices have a vital message that relates to species wellbeing, and possibly survival. It adds up to the imperative of a restorative push for global normative reform. The priorities of such a renewal of the global normative agenda could begin by focusing on denuclearization, empowerment of the UN General Assembly, the elimination of the Security Council veto, and decreeing compulsory recourse to the International Court of Justice at the behest of either party to an international dispute as well as the relabeling of ICJ ‘Advisory Opinion’ with new language implying ‘Authoritative Judicial Rulings.’

Timeline

1917: Balfour Declaration
1940s–Present: Zionist lobby dominates U.S. Middle East policy; U.S. loses independent control in the region
1945+: U.S. becomes dominant Western power in the Middle East
1956: Suez Crisis – U.S. briefly prioritizes international law over alliances
1967: Israel captures Palestinian territories in Six-Day War
Post-1967: Security Council Resolution 242 calls for Israeli withdrawal
1970s: U.S. uses Iran’s Shah as a regional proxy
1973: Yom Kippur War and oil embargo reshape U.S.–Gulf relations
1980s: Reagan era begins; rise of lobby-driven and racially-coded policy
1980s: U.S. backs right-wing forces in Latin America
1990s: “Clash of Civilizations” frames West vs. Islam narrative
1990s–2000s: Bush administrations follow lobby-led foreign policy
2002: U.S. National Security Strategy asserts dominance in Middle East
2003: U.S. invades Iraq, removes Saddam Hussein
2003–2011: Iraq War and other ‘forever wars’ destabilize the region
2000s–2020s: Special interests shape U.S. policy on Cuba, guns, abortion, and war
2015: Iran nuclear deal (JCPOA) is signed
2016–2020: Trump promotes ‘America First’ while backing Israeli militarism
2016–2024: Trump claims on Panama, Greenland, Canada; foreign interventions continue
2018: Trump withdraws from JCPOA, reimposes Iran sanctions
2019: Zunes meets Iran’s FM Zarif; nuclear diplomacy resumes
2020: Biden elected; continues lobby-influenced Middle East policy
2022: U.S. cites UN Charter to oppose Russia, exposing selective legalism
2024: Assad ousted in Syria; Iran becomes last major anti-U.S. holdout
2024–2025: Israeli strikes on Iran escalate; civil society protests
2025: U.S. joins bombing of Iran amid elite consensus and public dissent

Signing and Spreading The Sarajevo Declaration of the Gaza Peoples Tribunal

23 Jun

The Gaza Peoples Tribunal at the end of its first public assembly in Sarajevo issued a Declaration that expresses our commitment to peace and justice for the Palestine people in their struggle to realize their basic rights, above all their inalienable right to self-determination.

We are inviting likeminded friends to read and endorse the Sarajevo Declaration and to share the link with others who might join our solidarity initiative at this critical time.

This is the link:Here is the link to the Change.org where you find the text of the Declaration and endorser information

https://chng.it/nf5gKSCmG8

With solidarity sentiments,

Richard Falk

Ambivalence Toward Resistance as a Human Right: Matters of Law and Policy

16 Jun

[Prefatory Note: I publish here my foreword to Shannonbrooke Murphy’s pathbreaking book on the right of resistance. Murphy provides readers with a comprehensive framework for thinking about resistance to public authority in a variety of settings without the controversial baggage of commentaries on such salient cases as Palestine, Ireland, Kashmir. Exempt from direct consideration is also self-defense instances of resistance, which are not treated except historically, and then as matters of the security rights of sovereign states rather than human rights. It may disappoint some readers that none of these three classic instances of popular resistance is discussed in the text and hence not even referred to in the index. The author fruitfully conceptualizes the right of resistance as a human right that has a universal, if amorphous, resonance in international law and in the constitutional foundations of legitimate national governance in all parts of the world.

The manipulation of language in the context of the October 7 lethal attack on Israeli border villages by political forces living under a punitive siege in Gaza imposed in 2007 in response to a Hamas victory in internationally monitored elections held the prior year and supplemented by Hamas prevailing in an intra-Palestinian power struggle with its rival, the Palestine Liberation Organization (linked to the internationally recognized Palestinian Authority that shares partial administrative, collaborative control over the West Bank with Israel). It is widely believed that Hamas’ rise was due to its advocacy and practice of a politics of resistance in contrast to the politics of accommodation pursued by the Palestinian Authority and PLO.

October 7 is so pivotal for an appreciation of the contradictory agenda of Israel and the Palestinian people. On the side of the established order favored by governments and elites in the West and resting on the geopolitical primacy of the Global West in the Middle East, the attack on Israel was a terrorist disruption of order executed in a barbaric manner. On the side of the Palestinians and much of the post-colonial Global South, the attack was perceived as a justifiable action of resistance to a settler colonial project that had long denied Palestinian rights, above all, Palestine’s inalienable right to self-determination as enshrined in Article 1 of both human rights covenants that frame recourse to resistance by reference to law. The commission of violations by the resisters during the attack were commingled with Israeli official justifications for an extreme response, articulated ‘legally’ as ‘Israel’s right to defend itself’ or simply as an appropriate claim of self-defense or as ‘counterterrorism.’ It not surprising that in the ensuing six months influential media platforms of the West accepted the Israel approach, decontextualizing Israel’s pre-October 7 behavior toward the Palestinians in general and Gaza in particular. Only after months of devastating attack on Gaza did this simplistic portrayal of the attack begin to be challenged by referencing the historical background, civil society protest activity, daily atrocity images and witness testimony, genocidal tactics and intentionality, and by disclosure of territorial ambitions and an ethnic cleansing agenda. At this stage, only the firmest defenders of Israel’s conduct, forgo the rhetoric of genocide in describing the attacks, thereby subverting Western official posture of punishing the use of the word genocide as a hate crime, a mainstream taboo. An encroaching Palestinian right of resistance rarely is even considered. Instead, even peace-oriented groups often limit their goals to achieving a non-judgmental ceasefire.

A careful application of Murphy’s way of analyzing the role of resistance claims and practice would produce a more balanced, less propagandistic and geopolitical tinged, battle of words as between terrorist violence and resistance, and between the security of sovereign states and the human rights of people considered both individually and collectively. The Ukraine War and the recently commenced Iran War are further illustrations of the degree to which mainstream normative discourse on armed struggle is not deployed as a source of objectively interpreted legal norms and principles in conflict situations but rather used as a policy instrument to condemn the actions of adversaries and lend protective support to friends and partners. Thus, Russia is condemned, without any account of NATO provocations, while Israel is given the benefit of the doubt despite its unprovoked aggression and its unacknowledged yet widely known, arsenal of nuclear weaponry.

To gain a deeper, more constructive understanding of these and other issues, Shannonbrooke’s guidance is indispensable. Her book is available at all the usual places.]

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Foreword to Shannonbrooke Murphy, The Human Right to Resist in International and Constitutional Law, Cambridge University.

As I read this jurisprudentially fascinating and exceptionally learned book, the media was consumed by its daily accounts of the massive military operation conducted by Israel against the Palestinian civilian population of Gaza. It was a gruesome story rationalized on one side as self-defense against Hamas cast as a terrorist organization that carried out a barbaric attack on October 7, 2023, and as such, could be legitimately situated outside the protection that international law by setting limits on the violence of warfare, although compliance was often problematic. On the other side, criticism mounted that what was being called self-defense would be better understood if interpreted as a deliberate and unabashed recourse to genocide by Israel whose slaughter of Gazans that amounted to a humanitarian catastrophe affecting the whole of the Palestinian people. By and large, political leaders in the West endorsed Israel’s shocking response to the horrific Hamas attack on 22 villages in southern Israel, which resulted in the death of an estimated 1,400 Jewish civilians and soldiers, as well as the seizure of an estimated 240 hostages, severe war crimes committed by Hamas that seemed to qualify as crimes against humanity.

In contrast, were exceptionally large and aggressive public demonstrations in cities around the world, including in the United States, UK, and other governments whose governments were giving unconditional support to Israel. These street protests were denouncing the scope, targeting, intensity, severity of Israel’s response as amounting to the crime of crimes, genocide, although the milder events in the West tended to confine their demands to calls for an immediate ceasefire, which Israel and the United States opposed at the UN and in its diplomatic stance. Both views, however contradictory their political outlooks seem, were connected by invoking law to justify and explain their impassioned partisanship. A reading of Shannonbrooke Murphy’s timely and conceptually brilliant book, while itself demanding a reader’s sophisticated and dedicated attention, is the most illuminating treatment of these and kindred issues of how law can be used in good faith to uphold a politics of armed resistance while at the same time putting strict limits on the legally grounded human right of people to resist various forms of oppressive conditions. It is an unusual situation, but far from unprecedented, for law to exist in certain respects but still lacking sufficient clarity to offer definitive guidance to parties in conflict as to what is behaviorally permitted and what is not, enabling the more powerful actors to engage in lawfare as part of its strategic approach.

Murphy does not examine specific cases of conflicts between the forces of order and the rights of resistance in trying to depict and improve upon the conceptual landscape that throughout history has surrounded this inherently controversial set of issues. Instead, she considers resistance from the perspective of human rights law as it currently functions in international law and constitutional law, while presenting a learned and relevant account of historical antecedents in the work of past celebrated jurists and other normative sources of reflection on the dual role of law in prohibiting and permitting resistance. A prominent feature of the human right to resist is that it functions as a right of exception to the normal duty to obey. It is a matter of varying circumstances that give rise to resistance in a variety of context because existing arrangements of governance are harming individuals, groups, and peoples in socially unacceptable ways, often reflecting changing or evolving societal values. Such a potential role for positive law affirms that the contested behavior in addition to being morally and politically deplorable, can be further stigmatized as sufficiently legally deplorable as to vindicate the existence and exercise of the human right of resist. Domestic law typically wrestles with such issues at the level of the individual or group. These issues may be features of governance (for instance, colonialism, apartheid) of characteristics of civil society (for instance, homophobia, racial and religious prejudice, patriarchy).

Such a human right to resist became prominent in the United States in the 1960s due to the refusal of individuals to comply with the legal obligation to serve for a limited period of time in the U.S. armed forces during the Vietnam War. Western democracies had previously wrestled with this issue during World War II, generally granting individuals and groups such a right if it derived from religious convictions and was directed against all wars, or warfare as such. During the Vietnam War an increasing number of secularly motivated young Americans developed a legal argument that became known as ‘selective conscientious objection’ in which justification for the refusal to join the armed forces was based on moral/legal/political objections to this particular war in Vietnam. Revealingly, as the Vietnam War became more unpopular with the citizenry over time, courts in the U.S. looked with greater favor on this once novel secular rationale for conscientious objection. To be more attuned to Murphy’s conceptual clarity, this set of issues of political propriety is addressed as a ‘cognate’ notion that influences but is distinct from the penumbra of the ‘human right of resistance.’ In such a spirit, Murphy subtly balances positivist concerns with achieving as much conceptual precision as possible against the importance of retaining enough flexibility to enable law to evolve as societal values and circumstances change. Her jurisprudential stance favors codification efforts that take sensitive account of changing conditions and societal values while recognizing the benefits of achieving maximum conceptual precision and stability with regard to prevailing expectations about the content of the human right to resist.

The originality of this learned discussion of the human right to resist, which should be of particular interest to common law countries such as the United States, is the decision of the author not to address specific cases of collective resistance such as the Irish or Palestinian struggle for human rights, including some form of self-rule or even the radical forms of opposition to Nazi genocide. In this sense, Murphy’s jurisprudentially impressive study can be fruitfully read as a complement to Noura Erakat’s fine Justice for Some: Law and the Question of Palestine (Stanford University Press, 2019). What Erakat gains by way of readability and context is somewhat offset by her fully acknowledged substantive sympathies that become part of the policy analysis that underpins her critique of the ways international law has failed the Palestinian people. In this same sense, what Murphy, despite the lucidity of her prose, loses by way of readability is fully redeemed by a fundamental rethinking, with partisan undertones, of what is at stake when a right of exception is given to individuals, groups, and peoples to violate the law legally, but within a secondary framework of authoritative legal limits.

I am a great admirer of both works, but for different, yet interlinked reasons. In Erakat’s case because I share her compelling concern for delegitimizing Palestinian victimization via lawfare, while in Murphy’s case because I am made far more aware of the complexity of the issues involved in legalizing resistance, taking account of its continuing evolution and persisting conceptual gaps, and explicating and exploring linkages to other kindred issues that bear centrally on limiting the power of the state. These linkages pertain both to incorporating the right to resist authority into domestic constitutional texts and by way of applicable international human rights standards that have evolved into moral aspirations to become legal obligations. In this latter instance, for instance, such crimes as apartheid and genocide are not conceptually insulated from legal accountability by invoking claims of unlimited sovereignty over territorial governance or by constitutional provisions that accord superiority to domestic sources of law whenever clashes with international law are present.

In one important respect, Murphy’s positivist presentation of issues associated with resistance legality takes our attention away from the political contexts of enforcement. We could end up with an admirably coherent conceptual framework but with a useless, or even regressively opportunistically legalistic approach to various categories of grievances emanating from those who are deemed as class adversaries or international rivals. The authority of law has radically uneven limits in its functioning within and among sovereign states. For instance, such ‘legal’ developments as the Nuremberg and Tokyo war crimes trials accepted the taint of ‘victors’ justice’ because of foreclosing inquiry, much less accountability, into the crimes of the victors. Even more consequential for evolving a humane global rule of law was the right of veto inserted into the UN Charter, thereby both hampering and tainting the operations of the United Nations. International law is weak when it comes to vital issues because its implementation tends to be disrupted by and subordinated to the primacy of geopolitics, which rests protection of rights on such unreliable restraints as imposed by deterrence threats and prudence, if at all. This results in major resistance claims being manipulated to reflect the interest and policy priorities of powerful states and domestic elites. What is evident is that the selective implementation of human rights law in general creates images of moral hypocrisy and double standards as diluting the authority of and respect for international legal discourse. True, some creative tension has emerged internationally due to the collapse of European colonialism, although Israel is a reminder of what colonialism meant for oppressed native peoples and is expressed by the establishment of counter-hegemonic legal arenas, including among jurists as exemplified by TWAIL (Third World Approaches to International Law) scholarship reflecting the Global South’s experience of the hegemonic uses of international law relied on by colonial Europe in exploiting the resources and dehumanizing non-Western peoples. Resistance to colonialism has in the post-colonial era of international relations inspired the determined effort to generate support for a counter-hegemonic approach to international and constitutional law, which is expressed by

the transnational bonding of Global South jurists in the TWAIL enterprise.

Shannonbrooke Murphy is fully aware of the incompleteness of a purely positivist focus on the human right to resist, while here setting for herself this already Herculean challenge of conceptual clarification. Her contributions to contemporary jurisprudence are profound, and rendered in ways that permit and encourage diverse inquiries into other bodies of human rights pertaining to a range of topics, including rights of self-defense, freedom of expression and freedom of religion in relation to such sensitive policy questions as recourse to war, rights of secession by ethnic or religious minorities, as well as the more sensitive personal issues of gender parity and identity. Let the legal architects produce responsive blueprints. Let the debates begin!

Fifty or so years ago a British graduate student at the Yale Law School, Rosalyn Higgins, who like me fell under the charismatic influence of Myres McDougal in studying international law, but was troubled by the subjectivity and seeming ideological bias of a jurisprudential approach that gave legal hegemony to the Cold War values prevalent in the West. I was also troubled, but on different grounds. I questioned the jurisprudential necessity for such an ideological bias and instead sought a contextually sensitive approach to law that was guided by the type of secular humanism that infuses the Universal Declaration of Human Rights and the Preamble to the UN Charter.

Professor Higgins, who later became a distinguished judge at the International Court of Justice, organized a conference in London to explore these rifts between the British and American approaches to law. Without the benefit of Murphy’s conceptual mapping, I found the conference most intriguing because of the gathering of fine legal scholars for such an unusual conversation, yet intellectually unrewarding as it merely reproduced the tensions between a British insistence that the subjectivity of the New Haven School of International Law undermined the authority of law and the American claim that law without a political and ethical context is artificially cut off from reality. If we were to arrange such a meeting in the future, I would insist that Shannonbrooke Murphy’s book be required background reading believing that both sides could valuably learn from it. Also, I cannot imagine a better beginning for an advanced course in either human rights, resistance claims, or the interplay of international and constitutional law than by assigning this demanding, yet remarkably imaginative, erudite, and rigorously conceptualized contribution to an improved understanding of the interactions between law, resistance, and human rights in a variety of substantive contexts.

Richard Falk

Yalikavak, Turkey

November 6, 2023

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What Future for US/Israel Relations? Justifying the Gaza Tribunal, Addressing US Complicity

7 Jun

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[Prefatory Note: the post below is the text of an interview published in Italian in Il Manifesto on 6/7/2025. The interview was conducted by a journalist friend, Patricia Lambroso. It appears here in somewhat modified form, and is devoted to questions about the Gaza Tribunal.]

1. The GAZA Tribunal (civilian tribunal) was launched in November of 2024 in London following the failure by ICJ and ICC, the international tribunals in the Hague, leaders and governments around the world to stop Israel’s crimes against humanity in Gaza. The anti-war movement that arose during the Vietnam War and the worldwide anti-apartheid campaign against the racist South African government were your examples of civic mobilization that exerted pressure on governments to change their unlawful, criminal policies. Is this possible today in the setting of Gaza and with respect to the Palestinian people regarding the fulfillment of their right of self-determination?

Response: It is not entirely fair to conclude that the ICJ and ICC ‘failed’ to stop the genocidal attack on Gaza or the crimes against humanity alleged to have been extensively committed by Israel and endorsed by its political leaders. The ICJ accepted its jurisdiction to resolve a submission by South Africa alleging violations of the International Convention on the Prevention and Punishment of the Crime of Genocide (1951), and issued near unanimous interim rulings in January and May 2024 to the momentous effect that it was ‘plausible’ to regard the ongoing Israeli violence in Gaza after October 7 as genocide, although a definitive ruling on violations of the Genocide Convention would not be available for some years in the future.

The ICJ in 2024 also ordered Israel to cease altogether interfering with the delivery to Gaza of humanitarian aid taking the forms of food, medical supplies, and fuel. Although Israel took part in the judicial proceedings, it refused to comply with these interim rulings and was supported in this non-compliant behavior by the main complicit governments, particularly the United States that blocked impulses toward UN enforcement by its right of veto and its dismissive attitude toward recourse to the ICJ, supporting Israel claim to be acting in self-defense.

It is more accurate  to speak of an ‘enforcement gap’ in this situation that seemed to nullify ICJ action after it was clear that Israel would not act in the spirit of membership in the UN by voluntarily complying with an adverse decision and that the UN was helpless in view of the clash between the judicial outcome and the geopolitical interests of the three NATO  Permanent Members of the Security Council each of which is vested with authority to nullify ICJ rulings in the event of a refusal of voluntary compliance by the losing party. The ICJ should not be blamed. Instead it should be given enforcement powers to ensure the enhanced effectiveness of its pronouncements on matters of international law. Until then the failure of judicial approaches to global security and the protection of human rights should be mainly associated with the design of the UN, and world order generally, controlled by the winners of World War II in 1945 that acted to safeguard the primacy of geopolitics. In part this design defect was a reaction to the perceived failure to recognize this primacy in the design and operation of the League of Nations, resulting in the non-participation or exclusion of several key countries in the organization, and its failure to avoid developments that culminated in the outbreak of World War II.

The ICJ issued an historically significant Advisory Opinion on July 19, 2024 that also  resulted in a near unanimous outcome in responding to a General Assembly Resolution seeking guidance as to objections to Israel’s role as Occupying Power in Gaza as supposedly regulated by the 4th Geneva Convention on Belligerent Occupation.[Advisory Opinion on Occupied Palestinian Territory Including East Jerusalem, responding to request of General Assembly for guidance as to “Legal Consequences arising from the Policies and Practices of Israel in the OPT”]  The Advisory Opinion addressed various allegations of Israeli violations in Gaza, West Bank, and East Jerusalem. The ICJ rendered an authoritative judgment, despite the misleading label of ‘Advisory,’ concluding that Israel’s pervasive pattern of unlawfulness in administering the Occupying Territories since the 1967 War required terminating Israel’s administrative presence as soon as practicable, including Gaza. Further that the UN and its member governments were put under legal obligation by the ICJ to implement this authoritative assessment. This legal evaluation of the Israeli obligation in the Occupied Palestinian territory did not extend specifically to the period of time elapsing since October 7 as the GA Resolution was adopted prior to the Hamas attack. Israel has given not the slightest sign that it would comply with this crucial Advisory Opinion main conclusion ordering the withdrawal of Israel’s presence from the Palestinian territories occupied in 1967, presumably relying on the supposedly ‘advisory’ nature of the ICJ authority in relation to UN requests for guidance on ‘legal disputes.’

Of secondary significance is the issuance by the ICC of ‘arrest warrants’ for the Israeli Prime Minister, Netanyahu, and the former Minister of Defense, Yoav Gallant, for a variety of alleged crimes of Israel, although not genocide. As neither Israel nor the US are members of the ICC, which is not part of the UN System, the prospects for enforcement are almost nil. This outcome gives attention to an ‘Accountability Gap’ as a supplemental weakness of international to the ‘Enforcement Gap.’ The US Government actually has imposed personal sanctions on the Chief Prosecutor and any officials that participated in the issuance of arrest warrans by the ICC allegedly for exceeding its lawful authority. The US also threatens to sanction anyone attached to the ICC who tries in the future to facilitate the detention of these Israeli leaders in accord with the arrest warrants.

Also relevant is a ‘Complicity Gap’ in the behavior of the ICJ and ICC that has so far refrained from directly examine allegations of aiding and abetting the commission of international crimes by third party actors, especially governments and corporations. The single effort to raise complicity issues was undertaken by Nicaragua that submitted a complaint that Germany was violating international law by supplying arms to Israel. A final decision has yet to be rendered, although the ICJ rebuffed the allegation Germany on the grounds that its supply of arms to Israel was too small to be capable of constituting a violation of the Genocide Convention. It seems to be left up to UN members and international law scholars to encourage increased ICJ attentiveness to the Complicity Gap, which as here, is now integral to insulating the wrongdoing actors from enforcement.

A final structural weakness of the judicial enforcement of international law by way of the UN System is what might be termed ‘a temporal lag,’ the long lapse of time between a submission and a final decision in situation where the victims of behavior need and deserve expedited relief. There must be an emergency procedure that allows the ICJ to reach a decision within days and weeks, even if later in the proceedings it is revised or even reversed.

It might seem that international law is indeed useless in view of these gaps and the inability to protect a people victimized by international criminal conduct but that is a misinterpretation. As here, even when the formal judicial outcomes of international institutions are neither complied with nor enforceable, international law is nevertheless important. Its outcomes exert influences on many governments, media coverage, and civil society activism. In some settings these informal implementations of international law help achieve some degree of justice even in the context of the prolonged commission of ‘the crime of crimes,’ genocide. The victimization of the Palestinian civilian population in Gaza for more than 19 months has severely delegitimized. It is now widely viewed throughout the world as a pariah state whose behavior in Gaza has created the ‘moral crisis of our time’ for all peoples and governments Israel. Many argue that Israel’s defiant refusal to abide by international law and to respect the authority of the UN should result in its suspension from UN participation until Palestinian self-determination is achieved. Israel has responded to these proposed initiative principally by way of weaponizing antisemitism claiming that its opponents are motivated by ‘Jew hatred’ rather than the motives that they claim. This line of Israel defense has grown ineffective even in countries with the most complicit governments. And yet Israel’s daily actions continue after all this time to be unimpeded, because of the absence of the political will needed to mount an ad hoc protective intervention to alleviate the humanitarian emergency and provide safety for the surviving Gazan population.

A public dismissal of international law because of these flaws in the global normative order would be a mistake. Even when not enforced, or its findings geopolitically nullified, the outcomes of legal controversy exert an influence on discursive perceptions of legitimacy, that is, on the shaping of the legal and moral high ground in relation to an underlying political conflict. Contrary to the beliefs of political realists who control the foreign policy processes of most governments, military capabilities no longer are the best predictors of which side will prevail to defeat settler colonial arrangements in political struggles for self-determination. This should have been the lesson learned by the United States from its involvement in the Vietnam War during which it militarily prevailed on the battlefield and yet lost the war. Thus pattern has been repeated in most colonial wars during the latter decades of the 20th century. The agency of military superiority has declined in relation to typical 21st century conflict situations, but the lesson remains unlearned. This is so because the defeats incurred are profitable for private sectors arms producers that wield great influence in the Global West, particularly in the United States.

 The Gaza Tribunal was formed against this background. It was conceived as a project of global civil society in the conduct of a Legitimacy War between Israel and the Palestinian people. Israel’s violent assault on Gaza that started shortly after October 7, resisted repeated UN calls for an Israeli ceasefire as well as defied the ICJ and ICC rulings, provoking a rising sense of moral outrage among the peoples of the world. The GT is gathering evidence and assessments from an assortment of qualified survivor witnesses, experts, as well as from three chambers each composed of about 10 specialists documenting the significance of international law in its several dimensions relevant to the situation in Gaza. The results will be presented in October of this yeard to a Jury of Conscience composed of persons with diverse experience reflecting prominence in law, political science, moral authority, and cultural expression who are made responsible for the preparation of oral and written responses. This result of the Gaza Tribunal is premised on the primacy of justice rather than the primacy of law or the primacy of geopolitics, and makes no pretense of being a normal court of law bound to give the accused state and non-state actors ample opportunities to mount a legal defense of their behavior. The GT does not mimic judicial tribunals that operate within strict technical limits and over long durations of time. It is openly partisan although objective with respect to evidence, and hopes to add leverage to those engaged in the Legitimacy War, proudly acknowledges itself as being responsive to the urgency of the Gaza humanitarian emergency, and seeks above all to prove itself relevant on the level of action. The GT relies on a variety of civil society solidarity initiatives to exert pressures on governments to close the enforcement, accountability, and complicity gaps. It also encourages nonviolent solidarity initiatives by civil society, including boycotts of sporting and cultural events that have Israeli participation; arms, trade, and  investment embargoes; and protest activity of all varieties.     

2 The silence and complicity of Europe on this massacre for extinction of Gaza population today and beside hypocritical condemnation and people demonstrations in Italy and France Why? How the Holocaust  is weaponized  by some like Germany to be accused of antisemitism, but France and Italy have a different history (Vichy and Mussolini and Nazi fascism)?

Response: As your question suggests, history helps us understand and explain the complicity of democratic governments in Europe with Israel’s recourse to genocide and crimes against humanity in Gaza. There exist two principal lines of explanation for this stance so contrary to the values proclaimed from the rooftops by liberal societies in the West . The first, and most obvious, is embedded sentiments of guilt about the long tradition of European antisemitism, culminating in the Holocaust. Especially, Germany is acutely sensitive to this allegation and politically has unfortunately opted for the view that to overcome its past it is better to stand with Israel than to side with the Palestinians who like the Jews of the Hitler period are enduring a horrific genocide. In other words, the renunciation of genocide in the pledge pertains exclusively to the past victimized people, here the Jews, rather than to a repudiated pattern of behavior, here genocide, regardless of the identity of the victim. The Srebrenica genocide of 1995 tested the pledge because the events in Bosnia tested whether ‘never again’ was ethnic or geographical, of relevance only if Europe was the scene.

The second strand of explanation, implicit on the right end of the political spectrum in Europe, insists that the Nazi genocide was also a matter of racial purification and religion, not just Jewish identity. In this sense, the Jews in relation to the Islamic world of the Middle East are bearing the torch of white supremacy, a reenactment of the Crusade under different flags in the context of modernity. In this post-Cold War period Israel is on the Islamic containment fault line of ‘a clash of civilizations,’ in effect ‘a second coming of Samuel Huntington’ fatalistic warning that the end of the Cold War was not a gateway to global peace, but rather a shift in conflict patterns from Communism to Islamism. In this sense, the emergent ‘enemy’ of these European countries is Iran, a non-Arab country that manifests hostility to the white and secular West, and which also happens to regard Israel as its principal enemy. In this sense, the opposition to the West from the Iranian perspective is anti-imperial and political, more than it is civilizational, although its deep roc ots are difficult to disentangle from the historical interaction, especially vivid memories of a CIA-engineered coup in 1953 that forcibly restored the autocratic modernizing monarchy to the Pahlavi throne.

 3. Trump touring the Gulf States could have political consequences for Gaza?

Response: There is no doubt that Trump’s May 2025 visit to the Gulf States will have consequences for Gaza, but their nature remains obscure at this time. On one side, it could be the first stage of a more transactional relationship with Israel than the kind of blind support given during the Biden presidency. In this sense an altered posture toward regional war prevention might result in a greater willingness to forego an attack on Iran, and more readiness to seek a negotiated solution with Tehran as to their nuclear program, a course of action disquieting to Israel, and shaking Tel Aviv’s confidence in unlimited support for their preferred endgame in Gaza. It might also encourage the US Government to seek to strengthen Trump’s patently absurd candidacy for a Nobel Peace Prize, reportedly high among his narcissistic phantasies. As strange as it seems, this image of Trump as a peacemaker concretely express incentives and exert real pressure on Israel to stop finally the genocidal assault on Gaza. It might even push the US to back a two-state endgame that subverts Israel’s obvious ambition to terminate the Zionist Project by annexing the West Bank on its way to establishing an Israeli one-state.

Even more radical would be a shift away from further tolerance of Israel’s secret acquisition on a nuclear weapons capability achieved with Western complicity to a position of backing regional denuclearization, but the long silence makes even this sensible contribution seem utopian as far as the prospects of its adoption is concerned. But which of the nine nuclear powers has shown less respect for international law and the constraints of the UN Charter than Israel when it comes to the use of force?

Contrariwise, May trip to the Gulf energy-rich monarchies may have convinced Trump that he could combine positive relations with these Gulf regimes and yet give Netanyahu what he wants in Gaza. There is reason to believe that the main Arab leaders want Hamas destroyed as much as do the Israeli leaders in Tel Aviv, and could be persuaded to join hands with the US, and even Israel, by adopting a shared counter-terrorism orientation that might prove compatible with the forced displacement of Palestinians living in Gaza and the West Bank, ideally to be dumped in a remote African country where it is falsely assumed by advocated that in time those displaced by the second Nakba event will stop dreaming of and disengage from struggles to liberate Palestine from the clutches of settler colonialism, no matter how long it takes. Israel has lost legitimacy by carrying their attack on the civilian population of Gaza beyond the outer limit of decency by recourse to deliberate tactics of prolonged starvation. Israel’s pariah identity will be hard to overcome with the peoples of the world, including the citizenries of the liberal democracies in the Europe and North America. Trump’s trip sidelining Israel diplomatically, at least for the moment, and Netanyahu’s arrogant launch of the Gideon’s Chariot, Israel’s new military operation, may signal a more problematic phase in Israel/US relations or turn on whether maintaining harmony with Israel strengthens or weakens the Trump agenda of the next few years. Given the singling out of Palestinian Support on American campuses as a target for the ultra-right agenda of Project 2025 I would still expect that US support for Israel to remain unaffected in the near future as the levers of Zionist influence (e.g. AIPAC, donor deference) are still strong in the United States

Trump v. Netanyahu: Transactional or Ideological?

2 Jun

Trump’s second term as US President has been mercurial, with lots of bobbing and weaving more bearing resemblance to a boxer’s opening round in which the point is to feel out the opponent rather than to land decisive punches. The pragmatism of the deal or the inflexibility of firm commitments premised on images of world order and national interest as reflective of hard power calculations in a world of states that political realists perceive as divided among friends, enemies, and those that don’t count.

In the case of Israel, this early rhythm of Trump’s second term is notable mainly for its uncertainty, contrasting with the tight brotherly embrace of Trump’s predecessor, Joe Biden, who tried from time to time to adjust this image ever so slightly by  gestures of humanitarian concern that Netanyahu seemed to misconstrue as serious US efforts to constrain Israel’s genocidal assault on Gaza. As the quickly faded red line in Gaza illustrated Biden’s gentle warnings to Israel were mainly for show in response to public relations concerns arising in the US in response to the American protest activity and liberal media criticisms of Israel’s behavior in Gaza that struck more and more observers as ‘genocide,’ although most influential media platforms shied away from calling a spade a spade, that is, naming Israel’s Gaza violence as genocide. This inhibition on any governmental naming of the crime persists under Trump and is combined with the intensification of the repressive campaign inherited from Biden to treat support for the Palestinian pursuit of their basic rights and criticisms of Israeli excesses as ‘antisemitism,’ as a ‘hate crime against the Jewish people.’ Siding with the victim of flagrant crime is transformed by the magic of language into itself being the crime. This turn of phrase also offers Trump a pretext for advancing his generalized attacks on knowledge-based policy making of experts and reflecting scientific research as typified by elite universities, which are themselves epitomized by Harvard. Trump’s moves against Harvard involving defunding of research and challenging the immigration status of foreign students amount to an pedagogical assault on the accepted modern learning paradigm flavored by appeals to xenophobia rampant among the MAGA base. This campaign is vintage Trump, who combines his trust in belief-based action as fused with professions of ultra-nationalism.

Trump, despite shifts against Israel in US and European civil society sentiments never wastes words by making even the slightest display of empathy for the extrem suffering of the Palestinian people. He seems almost pathologically dazzled by prospects of access to the extreme wealth and geopolitical grandeur of the Gulf monarchies, carried to absurd extremes by proposing a US takeover of Gaza with the surreal promise of establishing ‘the Riviera of the Middle East,’ which included a proviso undoubtedly comforting to Tel Aviv that the reconstruction plan would be preceded by the forced departure of its surviving Palestinian population. It remains unclear to this day whether Trump was seeking a deal in which the financial burden would be shifted to the Arab world while the political administration of post-genocide Gaza, purged of Palestinians, would be entrusted to US administrative supervision, which is a double gain for Israel (no Palestinians, no UN).  

As such, more than his predecessors Trump seemed at first to support unconditionally even Israel’s regional game plan of eliminating or weakening by military means potential threats to its future security by states and movements in its region. Despite likely swerves on the road ahead Trump seems at this stage determined to avoid Israeli distractions from the pursuit of his own separate primarily transactional goals in the Middle East that are of a primarily economistic character. Trump’s transactional mindset can be reduced to the  pursuit of national gains with respect to trade and investment as awkwardly combined with corrupt personal and family enrichment schemes.  

Above all such a course of action presupposes the US being not too overtly seen as aiding and abetting Netanyahu’s resolve to complete the Zionist Project of establishing an Israeli one-state solution that displaces Palestinians from the land and Palestine from maps of the Middle East. It should be noted that long before October 7 and years prior to Netanyahu extremist coalition that assumed governing authority at the start of 2023 the Israeli Knesset formally enacted into law the claim of exclusive Jewish supremacy without the slightest adverse reaction from Washington. [Israel’s Basic Law of 2018]. Netanyahu was Prime Minister at the time heading a less extreme governing leadership in Israel, yet committed to Israel sovereignty from the river to the sea, achieved by relying on a long tradition of patient reliance on salami tactics, taking small steps toward the fulfillment of the Zionist Project.

What the new 2023 Netanyahu team brought to the table was an acceleration of this consensus ‘solution’ to Palestinian resistance and resilience by disclosing its endgame agenda of violent dispossession and provocation.  Trump will face a foreign policy dilemma of either opposing the revival of the UN-backed two-state negotiated solution or siding with Israel, concluding that the time has come to legitimize Israel’s one-state genocidally engineered outcome that included permanent statelessness for the Palestinian people, which entailed repudiating their inalienable right of self-determination.

The most revealing near-term regional measure of geopolitical affinity with Israel is whether American foreign policy chooses to normalize relations with Iran by reaching agreement about its nuclear program or eventually goes along with, and possibly even joins, Israel’s strong push for a major miliary strike aimed at destroying Iran’s nuclear facilities and Iran’s large-scale long-range missile response, and possibly sparking regime change in Tehran. Iranian diplomacy seems flexible about accepting enrichment limits and international inspection, although a recent UN inspection concluded that Iran was heightening its enrichment output to near weapons’ grade uranium, presumably devising its own weak form of deterrence to the overt threats to its security constantly being made. Trump seems likely to be tempted, for regional and geopolitical reasons, to explore options for an agreement with Iran, especially if it looks like a win for Washington’s diplomacy. If this is only speculatively accurate Trump would come to resent Israel’s effort to discourage ending Iran’s isolation without first getting rid of its anti-Israeli government. If Israel is antagonized in its regional security plan of neutralizing hostile threats by weakening the unity and capabilities of all Middle East actors, movements as well as states, an open break could occur, however improbable that now seems.

There are many unknowns that will impact upon regional developments, not least of which is Trump’ susceptibility to embarking on drastic changes in policy maneuvers as he or his entourage of submissive advisors perceive and juggle their options. Nevertheless, there are reasons at this time to accord serious attention to contrasting normalization and warmaking scenarios. The world is experiencing the dawn of a new phase of international relations in a less unipolar world order marking a terminal phase of international history best understood as ‘the aftermath of the Cold War’ that followed the collapse of the Soviet Union. Among the transitional uncertainties are shifts in geopolitical alignments, alliance relationships, and financial hierarchies. The yet undefined yet ascendant roles and ambitions of China and Russia, and possibly India, are likely to challenge the prior era of undiluted US geopolitical primacy. A major uncertainty is whether the US will adapt to multipolarity or seek at great cost to perpetuate its post-Cold War dominance that it achieved from 1992 to 2022. To do the latter would mean focusing on nullifying the geopolitical challenges of not only Russia and China, but also a more activist and coherent Global South. It would also mean sacrificing the wellbeing of Americans, the ravages of climate change, allowing public indebtedness to reach untenable levels, and letting the national infrastructure to deteriorate even further.

A related uncertainty is whether this new phase of multipolarity would be more conflictual or more cooperative than the world order of the past three decades. Would the less unified West embark upon an all-out worldwide Cold War as was done in the years after 1945 in greatly altered global circumstances? Or would it seek some form of geopolitical collaboration that prepared the way toward problem-solving cooperative relations within reconfigured geopolitical spheres of interest that accorded primacy to political tradition and geographic proximity. The reinvention of viable 21st century spheres of influence and agreed fault lines should preoccupy ‘the best and the brightest’ among foreign policy gurus in the US, Russia, and China.

It is untested whether Trump’s leverage over Netanyahu is sufficient to induce Israel to accept a permanent ceasefire in exchange for the return of the hostages. It is partly a matter of how much Trump is prepared to weaken US domestic support in the US for his presidency in Zionist and Evangelical circles by putting visible pressure on Israel to discontinue its genocidal policies in Gaza, coupled with the Gazification of West Bank policy. Trump currently appears far more concerned about avoiding open war with Iran than stopping the violence in Occupied Palestine. Of course, Trump is the most quixotic leader on the present world scene, and so it may be that he is personally offended by Netanyahu’s refusal to do what he proposes on behalf of wider US strategic interests in the region, and would be prepared to accept an open break with Israel, which would have unpredictable impacts on the governability of the US.

At odds with such transformative prospects for world order are the concrete indications that even give Trump’s ambivalence toward Netanyahu’s approach he is complicit in its recent unfolding. It takes the form of insinuating an American presence in a politically motivated humanitarian aid plan that is managed by an American private security company (SRS) that provides mercenaries to oversea the distribution centers for the dispensing of aid. The whole scheme is disguised by deceptive language of humanitarianism. Even if it ran according to its announced plan, it would bypass the neutral auspices of UN-administered aid as bolstered by international civil society humanitarian aid as well as explicitly collect surveillance information designed to track Palestinian aid recipients. So far, this relief effort directed as alleviating a humanitarian emergency has made ‘starvation’ the lesser of evils when compared to the massacres of those lured to the distribution centers, and then killed and wounded in large numbers by drones, tank fire, and indiscriminate shooting of helpless Palestinians caught by the cruel lure of food. Although the Israeli Occupation Forces deny the allegations, they have confirmed by numerous eye witnesses and journalists on the ground. It seems a particularly grotesque extension of the genocide to kill randomly starving civilians who

Lost their lives while desperately seeking food and aid for their families.

Turning to Netanyahu, the question is how much pressure would be needed to produce a change in Israel’s approach to Gaza. Over the course of almost two years Netanyahu has been notably stubborn and unyielding in response to critics at home and internationally, including in the US. He might expect that Trump would give Israel a bright green light to complete the end game of the Zionist Project by depopulating and partially occupying

Gaza and annexing all or most of the West Bank. Also at issue is whether Netanyahu’s caving into Trump pressure on Gaza would result in the collapse of Israel’s fragile coalition government, and subject Netanyahu to resumed fraud prosecutions in Israel.

In the end I think the safest prediction is a compromise, whereby a long-term ceasefire, less than permanent, is agreed upon coupled with renewedsupport for Israel’s expansion of the settler presence in West Bank (22 new settlements have been approved by the Knesset at the end of May) and accompanying annexationist moves. The whole outcome in Gaza may depend on how seriously Israel is about launching a strike designed to destroy Iran’s nuclear program as balanced is the Trump quest for a more advantageous deal than was negotiated in 2015 while Obama was president.

In the background is the weakening support for Israel among the governments in western Europe partially reflecting the loss of Israeli support in civil societies around the world, including the US and Canada. Whether these countries and others will back up this recent wave of criticism with censure and sanctions is at this time unknown as is how this conjecture of a weakening of western support for Israel will impact US policy. Will it make Trump more or less insistent on backing Israel and move Netanyahu to become somewhat receptive to a ceasefire/hostages deal as a prelude to ending the Gaza ordeal. The weeks ahead will contain signs as to which way the wind is blowing both in the region and internationally. At present, the overall situation is in flux aggravated by these two leaders who are temperamentally autocratic, but one bends with the wind and the other is as rigid as brainless robot.

The Sarajevo Declaration of the Gaza Tribunal (29 May 2025)

30 May

[Prefatory Note: the post below is The Sarajevo Declaration of the Gaza Tribunal, a consensus document prepared in conjunction with participants in the first of two Public Sessions of the Gaza Tribunal, released on May 29, 2025. The second session of the tribunal is scheduled for late October. The proceedings in Sarajevo consisted of survivor testimony from Gaza, invited expert speakers, a roundtable on media complicity, and the reports of three chambers tasked with documenting evidence and consequences of alleged genocide and crimes associated with forcible application of the Settler Colonial Project to Gaza following October 7, as well as the failure of the UN, growing public protests, and of leading governments to bring the genocide to an end in accordance with international law and hold the perpetrators accountable. The Sarajevo Declaration is a comprehensive text intended to convey the orientation, broad scope of the goals of civil society solidarity activation and reflecting the diversity of concerns among members of the Gaza Tribunal community. Sarajevo was our chosen site to express symbolic solidarity with an earlier genocide at Srebrenica that occurred 30 years ago. Encourage wide sharing of the Sarajevo Declaration. It is my honor to serve as president of the GTP in concert with dedicated scholars, witnesses, and activists from around the world, including the inspiring participation of our Palestinian sisters and brothers.]

                                    The Sarajevo Declaration of the Gaza Tribunal

28 May We, the members of the Gaza Tribunal, having gathered in Sarajevo from 26 to 29 May 2025, declare our collective moral outrage at the continuing genocide in Palestine, our solidarity with the people of Palestine, and our commitment to working with partners across global civil society to end the genocide and to ensure accountability for perpetrators and enablers, redress for victims and survivors, the building of a more just international order, and a free Palestine.

We condemn the Israeli regime, its perpetration of genocide, and its decades-long policies and practices of settler colonialism, ethno-supremacism, apartheid, racial segregation, persecution, unlawful settlements, the denial of the right to return, collective punishment, mass detention, torture and cruel and inhuman treatment and punishment, extrajudicial executions, systematic sexual violence, demolitions, forced displacement and expulsions, ethnic purges and forced demographic change, forced starvation, the systematic denial of all economic and social rights, and extermination.

We are horrified by the Israeli regime’s systematic devastation of Palestinian lives, lands, and livelihoods, including its intentional destruction of all sources and systems for food, water, healthcare, education, housing, culture, as well as mosques, churches, aid facilities, and refugee shelters, and its targeting of medical personnel, journalists, aid workers, and United Nations staff, and its direct targeting of civilians, including children and older persons, women and men,  girls and boys, persons with disabilities and those with medical conditions.

We demand an immediate withdrawal of Israeli forces and an end to the genocide, to all Israeli military action, to forced displacement and expulsions, to settlement activities, to the siege of Gaza and restrictions on movement in the West Bank. We call for the immediate and unconditional release of all prisoners, including the thousands of Palestinian women, men and children held in abusive Israeli detention facilities. We insist on the immediate resumption of massive humanitarian aid to all of Gaza without restriction or interference, including food, water, shelter, medical supplies and equipment, sanitary equipment, rescue equipment, and construction materials and equipment. We call as well for a complete withdrawal of all Israeli forces from all Lebanese and Syrian territory.

We call for an end of the smearing of UNRWA and other humanitarian workers, for the free and unhindered access of UNRWA and all other United Nations and humanitarian organizations in all areas of Gaza and the West Bank, for full compensation by the Israeli regime for damage caused to UN and humanitarian facilities, alongside full compensation and reparations to the Palestinian people, and for full accountability for the harassment, abduction, torture, and murder of UNRWA and other humanitarian workers and their families.

We call on all governments and on regional and international organizations to end the historic scandal of inaction that has characterized the past nineteen months, to urgently respond with all means at their disposal to end the Israeli assault and siege, to uphold international law, to hold perpetrators to account, and to provide immediate relief and protection to the people of Palestine.

We denounce the continued complicity of governments in the perpetration of Israeli war crimes, crimes against humanity, and genocide in Palestine, and the shameful role of many media corporations in covering up the genocide, dehumanizing Palestinians, and in the dissemination of propaganda fueling anti-Palestinian racism, war crimes, and genocide.  

We equally denounce the wave of persecution and crackdowns on human rights defenders, peace activists, students, academics, workers, professionals, and others, perpetrated by Western governments, police agencies, the private sector, and educational institutions. We honor those who, despite this persecution, have had the courage and moral convictions to stand up and speak out against these historic horrors, and we insist on the full protection of the human rights of free expression, opinion, assembly, and association, as well as the right to defend human rights without harassment, retaliation, or persecution.

We reject the unjust tactic of smearing as “antisemites” or “supporters of terrorism” all those who dare to speak up and act to defend the rights of the Palestinian people and to condemn the injustices and atrocities of the Israeli regime and its perpetration of apartheid and genocide, or those who criticize the ideology of political Zionism. We stand in solidarity with all those who have been smeared or punished in this way.

We are convinced that the struggle against all forms of racism, bigotry, and discrimination necessarily includes the equal rejection of Islamophobia, anti-Arab and anti-Palestinian racism, and antisemitism. It also includes an acknowledgment of the horrific effects that Zionism, apartheid, and settler-colonialism have had and continue to have on the Palestinian people. We commit to fighting all such scourges.

We also reject the destructive ideology of political Zionism, as the official state ideology of the Israeli regime, of the forces that colonized Palestine and established the Israeli state on its ruins, and of pro-Israel organizations and proxies today. We insist, in the words of the Universal Declaration of Human Rights, that all human beings are born free and equal in dignity and rights, and that there are no exceptions to this rule. We call for decolonization across the land, an end to the ethno-supremacist order, and the replacement of political Zionism with a dispensation founded on equal human rights for Christians, Muslims, Jews, and others.

We are inspired by the courageous resistance and resilience of the Palestinian people in the face of over a century of persecution, and by the growing movement of millions standing in solidarity with them around the world, including the principled advocacy and nonviolent action of thousands of Jewish activists who have rejected the Israeli regime and its ethnonationalist ideology, and have declared that the Israeli regime neither represents them nor acts in their name.

We recognize the right of the Palestinian people to resist foreign occupation, colonial domination, apartheid, subjugation by a racist regime, and aggression, including through the use of armed struggle, in accordance with and as recognized in international law and as affirmed by the United Nations General Assembly.

We recall that the Palestinian right to self-determination is jus cogens and erga omnes (a universal rule not subject to exception and binding on all states) and is non-negotiable and axiomatic. We recognize that this right includes political, economic, social, and cultural self-determination, the right to return and full compensation for all harms suffered in a century of persecution, to permanent sovereignty over natural resources, and to non-aggression and non-intervention. We respect Palestinian aspirations and full Palestinian agency and leadership over all decisions affecting their lives, and we stand in solidarity with them.  

We are gravely concerned at the direction of international relations, international politics, and international institutions, and by attacks on those international institutions that have challenged genocide and apartheid in Palestine. We believe that the normative foundations of the global order, grounded in human rights, the self-determination of peoples, peace, and the international rule of law, are being sacrificed at the altar of ruthless political realism and obsequious deference to power, with the people of Palestine left undefended and vulnerable on the front lines. We insist that another world is possible and intend to fight to bring it about.

We fear that the nascent and flawed international normative order, built up since the Second World War, with human rights at its center, is at risk of collapse as a result of the sustained attack waged on the system by the Israeli regime’s Western allies in their quest to buttress Israeli impunity. We pledge to oppose this attack and to work to protect and advance the project of building a world in which human rights are governed by the rule of law, beginning with the struggle for Palestinian freedom. And we believe that the weaknesses and inequities hard-wired into the international system from the start, including the geopolitical right of exception codified in the United Nations Security Council veto, the disempowerment of the General Assembly, and the structural obstacles that mitigate against the enforceability of International Court of Justice (ICJ) decisions, must be reformed and rectified.

We demand immediate action to isolate, contain, and hold accountable the Israeli regime through universal boycott, divestment, sanctions, a military embargo, suspension from International organizations, and the prosecution of its perpetrators, and we commit ourselves to this cause. We equally demand individual criminal accountability for all Israeli political and military leaders, soldiers, and settlers implicated in war crimes, crimes against humanity, genocide, or gross violations of human rights, as well as accountability for all persons and organizational actors guilty of complicity in the regime’s crimes, including external proxies of the Israeli regime, government officials, corporations, arms manufacturers, energy companies, technology firms, and financial institutions.

We applaud the International Court of Justice (ICJ) for its ongoing historic genocide case against the Israeli regime and for its landmark advisory opinion findings on the illegality of the Israeli occupation, of the apartheid wall, and of the Israeli practice of apartheid and racial segregation, and its findings that the rights of the Palestinian people are not dependent upon or subject to negotiation with their oppressor and that all states are obliged to abstain from treaty, economic, trade, investment, or diplomatic relations with Israel’s occupation regime. We celebrate the principled action of South Africa in bringing to the ICJ the historic genocide case against the Israeli regime.

We call on all states to ensure the implementation of all provisional measures adopted by the ICJ in the genocide case against Israel, to fully respect the findings of the ICJ in its advisory opinion of July 2024, to comply with all elements of the United Nations General Assembly resolution of 13 September 2024 (A/ES-10/L.31/Rev.1), ending all arms trade with and implementing sanctions on the Israeli regime, and to support accountability for all Israeli perpetrators.  We urge civil society organizations and social movements around the world to initiate and strengthen campaigns to support the ICJ’s decisions and opinions on Palestine, and to press their own governments to abide by them.

We similarly applaud the International Criminal Court for (albeit belatedly) issuing arrest warrants for two senior Israeli regime leaders and call on the ICC to both expedite action on these cases and to issue further warrants for other Israeli perpetrators, both civilian and military.  We call on all ICC State Parties to urgently act on their obligations to arrest these perpetrators and hand them over for trial, and we demand that the United States lift all ICC sanctions and cease all obstruction of justice.

We express our gratitude and admiration to the independent special procedures of the United Nations Human Rights Council for their expert contributions and for their strong and principled voices in holding the Israeli regime to account and defending the human rights of the Palestinian people. They have shown themselves to be the conscience of the organization, and we call on the United Nations and all member states to defend and support these mandate holders without fail. We applaud, as well, the principled action of those United Nations agencies that have acted to defend the rights of the Palestinian people and to provide aid and relief to the survivors of genocide in Palestine in the face of unprecedented risks and obstacles, foremost among them, UNRWA.

We believe that the world is approaching a dangerous precipice, the front edge of which is in Palestine. Dangerous forces in both the public and private spheres are pushing us toward the abyss. The events of the past nineteen months, and our own deliberations, have convinced us that both key international organizations and most countries of the world, whether acting individually or collectively, have failed in defending the human rights of the Palestinian people and in responding to the Israeli regime’s genocide in Palestine. We are convinced that the challenge of justice now falls to people of conscience everywhere, to civil society and to social movements, to all of us. As such, our work in the coming months will be dedicated to meeting this challenge. Palestinian lives are at stake. The international moral and legal order is at stake. We must not fail. We will not relent.

* * * * * * * *

GAZA TRIBUNAL PROJECT: Opening Remarks and Sarajevo Program, May 26-29, 2025

27 May

Opening Remarks, Richard Falk, Sarajevo Public Session of Gaza Tribunal, 26 May 2025

Members of the Gaza Tribunal, Ladies and Gentlemen, Persons of Conscience Throughout the World, and Rector Ahmed Yildirim. It is my honor to welcome you to the opening day of the Sarajevo Public Session of the Gaza Tribunal. It is with great regret that I am not physically present in Sarajevo. I wish that I could be with you in person, but an unforeseen family accident disrupted my travel plans.

The purpose of the Gaza Tribunal is to add credibility to the torment and outrage of people throughout the world and do are part to bringing the Gaza ordeal of death and devastation to an end. Among our goals is to motivate nonviolent action performed with a goal of exerting pressure on Israel to desist from genocide. We commit ourselves to this goal in the name of our common humanity.

We are most grateful to the International University of Sarajevo, and particularly Rector Yildirim for hosting our presence on this historic campus. We are of course mindful of Sarajevo’s and Bosnia’s recent past and its symbolic relevance to the tragic fate that has befallen the Palestinian all of whom have are living as permanent refugees or as persecuted strangers in their own homeland. In the spirit of solemn acknowledgement, we should pay homage today 30 years after the willful massacre of 8,000 male Bosnians at Srebrenica for no reason other than their nationality and religion.

In the present period already lasting more than 19 months the eyes and ears of the world have been exposed to daily atrocities victimizing the besieged crowded, impoverished, and tiny Gaza Strip. Earlier genocides, including the Holocaust, were mostly known in retrospect by way of survivor stories and reconstructed images of the horrors experienced by the victims. This was a macabre contrast to the devastation of Gaza reported by the hour in words and images. Day after day the unspeakable suffering of Palestine’s remarkably resilient and resisting people disoriented persons of conscience by its transparent spectacles of evil. This impact was worsened by being brought to human awareness in real time.

Shamelessly, Israel made little attempt to hide its genocidal intentions or disguise its genocidal tactics. Its leaders and pro-government activists openly declared their goals as killing and maiming Palestinians, whether by bombs or by way of terrifying refusals to allow Gazans to obtain desperately needed food and medical supplies. Its leaders on some occasions sought to justify their behavior be referencing Biblical stories of genocide. Presumably, this was done to provide a hallowed religious precedent for their current operations in Gaza of mass extermination. Israel’s minimum goals were to induce large-scale departures from Occupied Palestine to places as distant as possible from their homeland that has been rendered virtually uninhabitable by repeated bombardment and artillery shelling. The genocidal cast of mind accompanying the military onslaught was manifest. Prominent Israeli citizens and government officials openly compared the mentality accompanying the killing Palestinians to that experienced while killing of cockroaches. Some high-profile Israelis even advocated dropping a nuclear bomb on the densely populated and totally vulnerable people of Gaza. Despite some pretensions to the contrary, the Israeli hostages held by Hamas did not restrain Israel’s violence or move the government toward accepting a permanent ceasefire even after the fury of its campaign went on month after month without achieving its purported original objective of destroying Hamas.

The pleas and warnings of the world’s leading moral authority figures went unheeded by Israel or its supporting governments. These including dedicated pleas from Pope Francis and Pope Leo XIV as well as from the UN Secretary General, Antonio Guterres, and several Nobel Peace Prize winners. These varied revered voices were defiantly scorned by Israel’s government and citizenry, and the massacres in Gaza continued unabated, and even spread to the West Bank.

The UN despite making a variety of responses has not been able to stop the killing, let alone protect the victimized people of Gaza, even its children, women, disabled, and elderly comprising an estimated 70% of Palestinian casualties. The UN has been blocked from taking decisive action by the diplomatic complicity of the North American and European liberal democracies. It has become obvious to all that the UN lacks the independent political will, authority, and capability to override the kind of geopolitical and material impunity given to Israel by the US. As the Israeli rogue behavior persisted the peoples of the world, including in the countries whose governments were openly aligned with Israel, mounted increasingly militant protests. However, the governments that could have made a difference watched the carnage of bodies and rubble pile up without making moves to stop it, and this sadly includes the governments of Israel’s Arab neighbors whose peoples ardently supported the Palestinian liberation struggle while their regimes remained passive. In many instances even maintained positive economic and political links with Israel belying their pretenses of neutrality or verbal opposition.

It is against this background that Gaza Tribunal was established some months ago, launched in London in November of 2024. Since then working with dedication to prepare as well as possible for this public session in Sarajevo. The undertaking can be grasped from the appended ambitious Program of the Tribunal that will unfold over the next four days.

The GT draws inspiration from prior peoples tribunals, most especially from the Russell Tribunal addressing the unlawfulness of US intervention in the Vietnam War, from the Iraq War Tribunal that was prompted by the 2003 regime-changing aggression that brought chaos and misery to the Iraqi people, and from the tireless work of the Permanent Peoples Tribunal of Rome that sponsored and organized comparable civil society inquiries into the leading injustices in the world. This legacy of earlier peoples tribunals had a common core rationale for coming into existence. This rationale also defines the mission of the Gaza Tribunal and can be explained concisely: It is the failure of organized international society to respond to severe injustices by enforcing international law and holding perpetrators and accomplices accountable. In short, these tribunals arise when the governments of leading states and inter-governmental institutions fail or neglect to address severe injustices, especially bearing on war and peace. In essence, people only act in response to international issues when the established order exhibits its moral and legal depravity from the perspective of justice.

It needs to be appreciated that the funding and organization of a people’s tribunal is a daunting challenge for ordinary citizen. Its inherent posture of radical opposition to governmental policy will be rejected harshly by establishment elites, including the corporate media, and often give rise to punitive reactions. That is to say, the reality of the Gaza Tribunal was a project not lightly undertaken by its principal organizers or by participating activists.

Gaza is the leading example, as well as a metaphor for the dying of settler colonialism, and is thus perceived as a dagger struck to the heart of anti-colonial national liberation. It prompted a few countries of the Global South to have recourse to the International Court of Justice and the International Criminal Court, hoping to find formal and authoritative judicial support for their well-documented allegations of genocide and crimes against humanity. Even this progressive reliance on a ‘law and order approach’ turned out to be of little practical benefit in stopping the genocide. The near unanimous rulings and decisions of the ICJ proved to be as unenforceable as were the prior General Assembly ceasefire resolutions. And thus the genocide continue, perpetrators retain de facto impunity, and the complicit governments have the audacity to seek control over day after negotiations.

Yet for opponents of Israel’s policies even these disappointing realities of judicial futility are helpful in this context because authoritative pronouncements of relevant law add symbolic force to the claim that Israel and its supporters have been driven from the high moral and legal ground despite their commanding influence over public discourse by virtue of hasbara manipulations and sympathetic major Western media outlets. Further, since 1945 the side in political conflicts that wins the main legality battles also wins the legitimacy war that informally adjudicates right and wrong. These symbolic victories have turned out to be historically relevant to shaping political outcomes. From the Vietnam War forward the side with military superiority has rarely controlled political outcomes in anti-colonial warfare, however much death and devastation it inflicts in trying for victory. Whether Palestinian resilience, extraordinary as it is,  has the capability to withstand the relentless pressure of Israeli genocide insulated from the enforcement of legal obligations by geopolitical protection, and prepared for by decades of apartheid governance and ethnic cleansing that encountered hardly any pushback from the UN aside from contributions to Palestinian victories in the battlefields of the legitimacy war.

In the coming days we will try to vindicate the establishment of the Gaza Tribunal by striving to add our efforts to rising global opposition to the brutal crimes of a continuing genocide. Can we do otherwise? Only two days ago Israel’s IDF reportedly knowingly targeted the home of two doctors married to one another. The IDF allegedly acted on the basis of surveillance technology that conveyed the knowledge that the house was full of children. While the mother, Alaa de-Najjar, a pediatrician was on duty at the nearby Nasser Hospital in Khan Younis, her home was bombed and nine of her ten children were killed by the fire caused by the explosion. The nine bodies of her children were brought to her at the hospital, while her husband critically wounded by the bomb and the singly surviving child, aptly named Adam, were struggling to stay alive. Can any of us rest while such barbarous behavior goes on and on?

Desperate for an end to this genocide I hope many will join me in calling for ‘the gravitas of awakened people’ to do what governments have failed to do, namely, to do all in our power to bring this Palestinian ordeal to an end

We are gathered here in Sarajevo to respond as effectively as we can to what is being increasingly identified as ‘the moral challenge’ of our time. The Gaza ordeal has cast its dark shadow across the entire planet. Our endeavor is to make the experience of the Gaza Tribunal a glimmer of light, an expression of hope against hope.

GAZA TRIBUNAL PROJECT, MAY 26-29, 2025, Sarajevo, Bosnia

 CHAMBER 1
 INTERNATIONAL LAW 
MONDAY, MAY 26
   
9:00-9:30Welcome
Rector of International University of SarajevoAhmet Yıldırım
President of the Islamic Cooperation Youth ForumTaha Ayhan
President of the Gaza TribunalRichard Falk
9:30-10:00Chamber 1 co-Chairs introduce proceedingsMichael Lynk
Susan Akram
10:00-11:45Panel 1: Nakba and Colonial Genocide
GenocideNimer Sultany
Apartheid and Self-DeterminationVictor Kattan (online)
Forced Population TransferTriestino Marinello (online)
Witness testimony: Al Haq Field ResearcherPre-recorded & translated from Arabic
Witness testimonyAhmed Abu Artema
 Witness testimonyKhaled Alhatoun (read by  )
 Witness testimonyAya Abusharakh (read by  )
 Witness testimonySherene Alsafi (read by )
   
11:45-12:15Coffee Break
12:15-14:00Panel 2: Patterns of Genocide
Political PrisonersLisa Hajjar
Right to foodFarah Al-Haddad
Reproductive systemsHeidi Matthews
 Witness testimony (prisoner – Addameer)Diala Ayash (pre-recorded, translated)
 Witness testimony (prisoner – Addameer)Ahmed Khreish (pre-recorded, translated)
 Witness testimony (prisoner – Addameer)Khader Al’ashi (pre-recorded, translated)
 Witness testimony (prisoner – Addameer)Khader Al’ashi (pre-recorded, translated)
 APN witness: Right to FoodWritten testimony read by:
14:00-15:00Lunch
15:00-16:45Panel 3: Specific Acts
Protection of CiviliansMaryam Jamshidi
 Attack on Health InfrastructureHana / read by Wesam Ahmad
Witness testimony: Gaza Soup Kitchen; UNRWA USAHani Almadhoun
Witness testimony: Volunteer physician in GazaDr. Thaer Ahmad
Witness testimony: Volunteer physician in GazaDr. Mimi Syed
16:45-17:15Closing by Co-ChairsMichael Lynk
Susan Akram
17:15-18:00Closing RemarksRaji Sourani
   
   
CHAMBER 2
 INTERNATIONAL RELATIONS & WORLD ORDER 
 TUESDAY, MAY 27 
9:00-9:30Chamber 2 co-Chairs introduce proceedingsRichard Falk (online)
Craig Mokhiber (online)
9:30-10:00Panel 1: Political Realism and Contemporary Geopolitics
Political Realism Revisited and the Law of PeoplesRichard Falk (online)
Paulina Chan
10:00-11:15Panel 2: Political Economy of Genocide and Obliteration of GazaModerator:
Wesam Ahmad
Nakba, Liberation, and Decolonization Through a Political Economic Lens: from 1948 to the Gaza GenocideLara Eborno
Enforcement and the Accountability Gap: The Crime of StarvationHilal Elver (online)
Ecocidal Violence in Gaza: Is it Part of Genocide or a Separate International Crime?David Whyte (online)
Pursuing Physically Disabling Combat TacticsPenny Green
11:15-11:30Coffee break
11:30-12:15Expert Testimony
Mazin Qumsiyeh 
Sami Al Arian 
Noura Erakat (pre-recorded) – Failures of the UN 
Asmer Safi – Criminalisation of student protests 
   
12:15-14:00Lunch
14:00-15:15Panel 3: Deficiencies of the formal international normative orderModerator: Lisa Hajjar
The International System in the Age of GenocideCraig Mokhiber (online)
Looking Ahead to EnforcementPhyllis Bennis (online)
International Tribunals: The ICJ and ICCMichelle Burgis-Kasthala (online)
15:15–16:00Panel 4: GTP conception of an alternative jurisprudential legal paradigmModerator: Penny Green
Civil Society Tribunals: Meeting the Challenge of Israeli Impunity for Gaza Genocide Michelle Burgis-Kasthala (online)
Permanent Peoples TribunalGianni Tognoni
16:00-17:15Panel 5:
Activism of civil society and social movements
Moderator: Wesam Ahmad
Sumud and Self-Determination: The Enduring Legacy Against ErasureRamzy Baroud
Jewish Voices for Peace and the Ceasefire CampaignPhyllis Bennis (online)
Learning from South Africa’s Anti-Apartheid StruggleHaidar Eid (online)
17:15-17:30Break
17:30-18:30Discussion
 CHAMBER 3 
HISTORY, ETHICS & PHILOSOPHY
WEDNESDAY, MAY 28
9:00-9:30Chamber 3 co-Chairs introduce proceedingsPenny Green Cemil Aydin
9:30-10:30Panel 1: Understanding GenocideModerator: Lara Elborno
Genocide as State Crime : the importance of understanding it as a processPenny Green
Ethical Implications of the Genocide in GazaAyhan Citil
History of Ethnic Cleansing/GenocideIllan Pappe (online)
10:30-11:30Panel 2: Ideological Underpinnings – Exposing DehumanizationModerator: Cemil Aydin
Challenging the Matrix of Control/House DemolitionsJeff Halper
An Ontological Abortion of the
Enfleshed Genocidal State: The Ongoing Genocidal Nakba in Gaza
Nadera Shalhoub-Kevorkian (read by Penny Green)
The Unmaking of the Palestinian HomeHenrietta Zeffert
11:30-11:45Break
11:45-12:45Panel 3: Resisting GenocideModerator: Thomas MacManus
The GT ArchiveAndy Simmons
Michelle Burgis -Kasthala
Palestinian ResistanceAbed Takriti
Archaeology and the Erasure of PalestineAkram Lilja
Expert testimony: The BDS CampaignOmar Bargouti (pre-recorded)
12:45-14:00Lunch
14:00-15:00Panel 4: Ideological Underpinnings – Civilization and Weaponizing the Holocaust and Anti-Semitism
Holocaust Exceptionalism and Israel’s GenocideRaz Segal (online)
Ethnic Cleansing Through Civilisational NarrativesCemil Aydin
 The Role of the Israeli Academy in Genocide ProductionMaya Wind (pre-recorded)
15:00-16:00Media Roundtable
Peter Oborne, Jonathan Cook, Victoria Brittain,
Ezgi Basaran, Kenize Mourad
16:00-16:15Break 
   
16:15-17:00Panel 5: Cultures of ErasureModerator: Wesam Ahmad
Politics of Palestine ExceptionUssama Makdisi (online)
Zionist Culture and Genocide DenialSaree Makdisi (online)
17:00-17:30Summary of Chamber 3 ReportPenny Green Cemil Aydan
17:30-18:30Discussion of the Sarajevo Declaration
   
 DAY 4 
 THURSDAY, MAY 29 
   
09:00-10:30Srebrenica/Gaza Roundtable
10:30-11:00Coffee Break
   
11:00 – 12:00Presentation of the Sarajevo Declaration + Press Conference 
12:00-12:30Closing Remarks

.

GAZA TRIBUNAL: Program for Sarajevo Public Sesssion, May 26-29, 2025

25 May

[Prefatory Note: The Gaza Tribunal will hold its first public session, starting Monday, 10:00 AM GMT; it presents extensive reports on various dimensions of the Gaza Ordeal endured for more than 19 months by the population of the Gaza Strip, killing more than 50,000, wounding more than 100,000, and traumazing the entire population estimated at 2.3 million on October 7, 2023. As this meeting gets underway the surviving Palestinian population is being subjected to tactics of deliberate denial of food and medical supplies, and Israel leaders and public opinion is calling for extermination tactics as supplemented by forced exclusion or ethnic cleansing, not only in Gaza, but also in the West Bank. The Gaza Tribunal was formed as a civil society initiative after it became clear that neither the UN nor its member states possessed the political will or operational capabilities to stop the killing and devastation. Its intention is lend legitimacy to nonviolent civil society solidarity initiatives in support of the Palestinian struggle for basic rights. Links are available to access the streaming of the Sarajevo proceedings. <youtube.com/@gazatribunal>]

GAZA TRIBUNAL

Sarajevo Meetings – May 26-29, 2025

International University of Sarajevo


09:00 – 09:30
Welcome Speeches


CHAMBER 1: INTERNATIONAL LAW

MONDAY, MAY 26

09:30 – 10:00
Chamber 1 Co-Chairs Introduce Proceedings
Michael Lynk, Susan Akram

10:00 – 12:00
Panel 1: Nakba and Colonial Genocide

  • Genocide – Nimer Sultany
  • Apartheid and Self-Determination – Victor Kattan
  • Pre-recorded witness testimony – Al Haq field researcher
  • Pre-recorded witness testimony – Ahmed Abu Artema
  • Written witness testimony – Badil / read (3 testimonies)
  • Q&A and Discussion

12:00 – 13:00
Lunch

13:00 – 14:45
Panel 2: Patterns of Genocide

  • Political Prisoners – Lisa Hajjar
  • Right to Food – Farah Imad
  • Reproductive Systems – Heidi Matthews
  • Pre-recorded prisoner witness testimonies – Addameer
  • Pre-recorded testimony – Focal point engineer from Gaza (Arab Group for the Protection of Nature)

14:45 – 15:00
Coffee Break

15:00 – 16:30
Panel 3: Specific Acts

  • Protection of Civilians – Maryam Jamshidi
  • Attacks on Healthcare Infrastructure – Wesam Ahmad on behalf of Al Haq
  • Witness testimony: Volunteer Physician in Gaza – Dr. Thaer Ahmad
  • Witness testimony: Volunteer Physician in Gaza – Dr. Mimi Syed
  • Q&A and Discussion

16:45 – 17:30
Expert Talk
Raji Sourani


CHAMBER 2: INTERNATIONAL RELATIONS & WORLD ORDER

TUESDAY, MAY 27

09:00 – 09:30
Chamber 2 Co-Chairs Introduce Proceedings
Richard Falk, Craig Mokhiber

09:30 – 10:00
Panel 1: Political Realism and Contemporary Geopolitics

  • Political Realism Revisited and the Law of Peoples
  • Past Global Response to Genocide: A Record of Failure – Richard Falk, Paulina Chan

10:00 – 11:15
Panel 2: Political Economy of Genocide and Obliteration of Gaza
Moderator: Wesam Ahmad

  • Nakba, Liberation, and Decolonization Through a Political Economic Lens: from 1948 to the Gaza Genocide – Lara Eborno
  • Enforcement and the Accountability Gap: The Crime of Starvation – Hilal Elver
  • Ecocidal Violence in Gaza: Is it Part of Genocide or a Separate International Crime? – David Whyte
  • Pursuing Physically Disabling Combat Tactics – Penny Green

11:15 – 11:30
Coffee Break

11:30 – 12:30
Expert Testimonies
Mazin Qumsiyeh, Sami Al Arian, Azzam Tamimi, Noura Erakat

12:30 – 14:00
Lunch

14:00 – 15:00
Panel 3: Deficiencies of the Formal International Normative Order
Moderator: Lisa Hajjar

  • The International System in the Age of Genocide – Craig Mokhiber
  • Looking Ahead to Enforcement – Phyllis Bennis
  • Working with and Beyond International Courts – Michelle Burgis-Kasthala

15:00 – 15:45
Panel 4: GTP Conception of an Alternative Jurisprudential Legal Paradigm
Moderator: Penny Green

  • Peoples’ Tribunals as Alternative Justice Sites: Assessing the Role of Civil Society – Michelle Burgis-Kasthala
  • Permanent Peoples’ Tribunal – Gianni Tognoni

15:45 – 16:00
Coffee Break

16:00 – 17:15
Panel 5: Activism of Civil Society and Social Movements
Moderator: Wesam Ahmad

  • Sumud and Self-Determination: The Enduring Legacy Against Erasure – Ramzy Baroud
  • Jewish Voices for Peace and the Ceasefire Campaign – Phyllis Bennis
  • Learning from South Africa’s Anti-Apartheid Struggle – Haidar Eid
  • Criminalization of Student Protests – Asmer Safi

17:15 – 18:00
Discussion


CHAMBER 3: HISTORY, SOCIOLOGY, ETHICS & PHILOSOPHY

WEDNESDAY, MAY 28

09:00 – 09:30
Chamber 3 Co-Chairs introduce proceedings
Penny Green, Cemil Aydin

09:30 – 10:30
Panel 1: Understanding Genocide
Moderator: Lara Elborno

  • Genocide as State Crime: Understanding It as a Process – Penny Green
  • Ethical Implications of the Genocide in Gaza – Ayhan Citil
  • History of Ethnic Cleansing/Genocide – Illan Pappe

10:30 – 11:30
Panel 2: Exposing Dehumanization
Moderator: Cemil Aydin

  • Challenging the Matrix of Control/House Demolitions – Jeff Halper
  • An Ontological Abortion of the Enfleshed Genocidal State: The Ongoing Genocidal Nakba in Gaza – Nadera Shalhoub-Kevorkian
  • The Unmaking of the Palestinian Home – Henrietta Zeffert

11:30 – 11:45
Coffee Break

11:45 – 13:00
Panel 3: Resisting Genocide
Moderator: Thomas MacManus

  • The GT Archive – Andy Simmons, Michelle Burgis-Kasthala
  • Palestinian Resistance – Abed Takriti
  • Archaeology and the Erasure of Palestine – Akram Lilja
  • Expert testimony: The BDS Campaign – Omar Bargouti

13:00 – 14:00
Lunch

14:00 – 15:00
Panel 4: Civilization and Weaponizing the Holocaust and Anti-Semitism
Moderator: Sami Al Arian

  • Holocaust Exceptionalism and Israel’s Genocide – Raz Segal
  • Ethnic Cleansing Through Civilisational Narratives – Cemil Aydin
  • The Role of the Israeli Academy in Genocide Production – Maya Wind

15:00 – 16:15
Media Roundtable
Moderator: Mehmet Karlı
Ezgi Basaran, Victoria Brittain, Lauren Booth, Lubna Masarwa, Kenize Mourad, Peter Oborne, Assal Rad

16:15 – 16:30
Coffee Break

16:30 – 17:15
Panel 5: Cultures of Erasure
Moderator: Wesam Ahmad

  • Politics of Palestine Exception – Ussama Makdisi
  • Zionist Culture and Genocide Denial – Saree Makdisi

17:15 – 17:30
Summary of Chamber 3 Report
Penny Green, Cemil Aydın

17:30 – 18:00
Final Discussion of the Sarajevo Declaration


DAY 4

THURSDAY, MAY 29

09:00 – 10:00
Srebrenica/Gaza Special Panel
Moderator: Ahmet Köroğlu
Panelists: Arnesa Buljušmić-Kustura, Harun Halilović, Mustafa Cerić

10:00 – 10:45
Expert Talk
Taha Abdurrahman

10:45 – 11:00
Break

11:00 – 12:00
Presentation of the Sarajevo Declaration of the Gaza Tribunal + Press Conference


PUBLIC ASSEMBLY

May 26-29, 2025

JOIN US LIVE ON YOUTUBE

youtube.com/@gazatribunal

SHAPE (Saving Humanity and Planet Earth: Statement on Gaza Ordeal

25 May

[Prefatory Note: SHAPE is an international network of persons sensitive to the imperatives of human unity and the guardianship of the natural habitat in accordance ecological wisdom that illuminates paths of resilience and adaptation. In this era of predatory capitalism, imperial geopolitics, and surging fascism we as a leaspecies need to think, feel, and act differently to avoid catastrophe, and do so in a spirit of urgency. Please distribute this statement and contact us if you wish to endorse and join our efforts.]

In the name of humanity, the barbarism in Gaza must stop

Over the last eighteen months the world has witnessed undiluted militarised cruelty targeting the entire population and the supportive natural habitat of Gaza – with not so much as an ounce of mercy or compassion, let alone justice, or sensitivity to issues of ecological viability.

No one has been spared in this onslaught: not civilians, not children, women or the elderly, not humanitarian workers or UN personnel overseeing the distribution of aid, not homes, schools, places of worship, or hospitals.

No logic can begin to explain or justify this genocidal policy of indiscriminate maiming and killing, or the calculated and systematic starvation of the already traumatized Palestinian population. These and other unspeakable atrocities leave us with just two words to describe the conduct of the cabal presently ruling the State of Israel: pure evil

Faced with such vicious behaviour, humanity has but one option: to call out the evil and take appropriate action to put an end to such outrageous conduct.

In the name of humanity we therefore call on all peoples and governments to:

  1. Terminate all transactions with the State of Israel that relate to military capabilities until a just and lasting peace settlement has been reached, which gives effect to the inalienable right of Palestinian self-determination. This embargo should include:
  2. A ban on the export of all weapons and dual-use equipment as well as ammunition, whether supplied directly or through a third party
  3. A ban on the import of all Israeli weapons and military technology
  4. A cessation of all other forms of military cooperation, including joint operations/exercises/logistics and communications initiatives, intelligence cooperation and sharing, and expert exchanges and visits
  5. A ban on all financing arrangements designed to facilitate the above activities.
  6. Break diplomatic relations with the State of Israel until a complete and durable ceasefire has been established across all the Occupied Palestinian Territories.
  7. Seek the exclusion of Israeli participation in international cultural and sporting events and call for national boycotts of foreign and domestic cultural and sporting happenings until a complete and durable ceasefire has been established across all the Occupied Palestinian Territories.
  8. Apply maximum pressure on those governments that have been Israel’s primary backers, notably the United States, Britain and Germany, to cease forthwith any support of Israel’s inhuman conduct in Gaza and Palestine as a whole.
  9. Support and financially contribute to the Arab plan for Gaza’s reconstruction formally adopted by the Organization of Islamic Cooperation in March 2025, and to this end call for an immediate UN-sponsored international summit, open to all supportive governments, relevant regional organisations and sympathetically disposed civil society, philanthropic and business organisations. The reconstruction process in Gaza and the proposed international summit should be mindful of Palestinian rights, especially the right of self-determination as applicable to all developments pertaining to Israeli Occupied Palestine.
  10. Encourage nonviolent solidarity initiatives by civil society, both individual and collective action of the sort that proved helpful in the struggle against apartheid in South Africa. A mobilized people can change history, and bring political evil to an abrupt end, especially where, as is the case in Gaza, a severe humanitarian emergency exists.

Such measures on the part of states need to be complemented and reinforced by resolute, collective action at the UN General Assembly. A special session of the General Assembly should be urgently called to denounce the heinous crimes being committed in Gaza and the West Bank and the constant threats to cleanse Palestine of its people by measures of forced displacement.

The General Assembly should consider and adopt a series of resolutions which demand:

  1. An immediate ceasefire in all parts of Palestine, Lebanon, Iraq, Syria and adjacent areas
  2. The establishment of  a UN peacekeeping contingent of sufficient strength to monitor and supervise the ceasefire and deter in timely fashion actions that would lead to a renewal of violence
  3. The unimpeded flow of water, food, fuel and medicines to Gaza
  4. Strong measures designed to protect humanitarian aid workers, health and medical personnel, and agencies and institutions engaged in the running of hospitals, clinics, kitchens and other essential services  
  5. Decisive measures to enable journalists and media personnel to carry out their duties in safe and secure environments.   

We also request the world’s religious organisations to issue a call addressing from a spiritual and ethical perspective the evil of genocide as it continues to unfold in Gaza. They are uniquely placed to set forth the ethical criteria that should govern an agreement on the cessation of all military hostilities in the Occupied Territories and the creation of just and durable peace in Palestine. 

Since October 2023, millions have exposed and protested against Israel’s conduct in Gaza. They have succeeded in raising the level of global public awareness even though their cries for humanity and justice have thus far gone unheeded. The complicity of the rich and the powerful have stood in the way.

People of good will everywhere must now redouble their efforts in solidarity with the Palestinian people. They must peacefully and resolutely unite their voices and work closely together for as long as it takes.

A powerful global dialogue for a just peace in Palestine that brings together people of diverse social, cultural and religious background is a primary ethical imperative of our time. So is accountability, which means punitive action against leaders of the State of Israel and the complicit enabler governments, including imposing obligations to pay reparations to the victimised population of Gaza and contributions to the funding of reconstruction.

Issued on behalf of SHAPE and its Coordinating Committee by

Professor Emeritus Richard Falk, Dr Chandra Muzaffar and Professor Emeritus Joseph Camilleri

SHAPE Co-Conveners

22 May 2025

Email: savinghumanityandplanetearth@gmail.com

Website www.theshapeproject.com/

Richard Falk, Foreword to Haidar Eid, Banging on the Walls of the Tank: Dispatches from Gaza

16 May

[Prefatory Note: The post below is the text of foreword to a very special book on the Palestinian Ordeal, written in the form of short pieces from 2009 to the present. Banging on the Walls of the Tank, is especially illuminating by its portrayal of the contrast between the Israeli oppressive occupation before October 7 and after. It underscores a contrast between the earlier Israeli approach as ‘incremental genocide’ as opposed to ‘accelerated’ genocide after the Hamas attack. Copies of this book may be ordered from Amazon, and other booksellers. Eid is in the best traditions of journalism, scholarship, and engaged citizenship].

The Political Is Inevitably Personal

I have read many discerning and moving books on Palestine over the last fifty years but none has spoken to me as forcefully and persuasively as this short volume of opinion pieces written by Haidar Eid from 2009 to the present. The prophetic insight of these dispatches and their cumulative impact offer readers a vivid Palestinian narrative of tragic suffering and the heroic resistance of the Gazan population to Israel’s occupation, settler colonialism, apartheid, and genocide, as well as a pervasive Israeli reliance on collective punishment of Palestinians. 

Banging on the Walls of the Tank, a reliable interpretation not filtered and distorted by Western mainstream media,should be read by all those in the West who seek to understand the bitter realities of the Israel/Palestine struggle. Almost every page is enlivened by the author’s uncannily memorable formulations of the true and awful nature of the Palestinian plight, which was desperate long before the horrifying real-time genocide that has unfolded in the form of daily atrocity spectacles ever since October 7. In his readable style and with the skill of a trustworthy storyteller, Eid offers insights rooted in his direct experiences as a Gaza refugee, expositor of Palestinian steadfastness, resistance activist, witness, and survivor.

Contextualizing October 7

These dispatches, written since 2009 in response to the evolving bloody tactics and criminality of the Israeli occupation, are both an anticipation of the October 7 attack and a condemnation of the Israeli genocidal response. An aspect of the originality and significance of Eid’s presentation is ti convincingly demonstrate that Israel has harbored an apartheid ideology and practice from the time of its birth. This is long before the most influential human rights organizations (including Human Rights Watch and Amnesty International) dared issue reports, as they did in 2021, that fully documented the allegations that Israel was systematically applying apartheid policies and practices to administer the occupation. Israel also relied upon discriminatory internal regulatory laws to subjugate all Palestinians who were directly subject to Israeli sovereignty, including those living in post-1948 Israel as citizens. These domestic laws were supplemented by exclusionary nationality laws and practices relied upon by Israel to deny Palestinian refugees a right of return as bestowed by international law and confirmed by the United Nations General Assembly (UNGA) Resolution 194 (11 Dec 1948) while at the same time granting birthright Jews an unlimited rights of return no matter whether they had any link to Israel or not.

Eid’s dissent from pro-Israeli orthodoxy in Europe and North America extends to his important assessment that Israel’s supposed “disengagement” from Gaza in 2005 was deceptively presented to the world as a move toward peace. What was not told was that this Israeli unilateral initiative was coupled with Israeli administered border control that effectively imprisoned 2.3 million Gazans in their own homeland. Such confinement was later cruelly reinforced by a punitive siege that converted Gaza into what became known as the world’s largest ever concentration camp. The impact over time of these oppressive conditions are characterized by Eid, borrowing from historian Ilan Pappe,[1] as “incremental genocide.” This importantly demarcates the “before” and “after” of October 7 as one of continuity rather than as totally discontinuous, coming out of the blue, as Israel, followed by the West, desperately wants us to believe up to this day. It is obvious that Israel devoted much attention to decontextualizing October 7 to avoid the implications of the pre-October 7 realities of apartheid and incremental genocide so persuasively delineated by Eid being taken into account when evaluating the Hamas attack.

Eid is writing as a victim/survivor/activist as well as a journalist/intellectual of the before and after of the Gaza ordeal. For him, the sixteen months of direct, undisguised genocide that has preoccupied the world to an unprecedented degree was nothing fundamentally new but rather an intensification of what Gazans had been experiencing ever since 1967 in more attenuated forms. There is no doubt that incremental genocide would be virtually impossible to establish in a court of law as a distinct crime because of the difficulty of proving genocidal intent as compared to criminalizing what followed after October 7 as a violation of the Genocide Convention. The numerous undisguised assertions by Israel’s top leaders easily met the rigorous legal standards of genocidal intent insisted upon by objective jurists. These words of genocidal incitement were combined with the crude, often sadistic, Israeli Defense Forces combat tactics relied upon to bring its helpless Palestinian adversary agonizingly close to the brink of extinction.

The Israeli discourse on October 7 also points its finger at Hamas, seeking its complete delegitimation by treating its attack as pure “terrorism,” justifying an exterminist response, and relieving Israel of pressure to obey the laws of war in its response. Eid challenges this Israeli rationalization by regarding the attack as both a justifiable and a legitimate form of resistance, especially in view of the context, which includes the Netanyahu performance at the UNGA a few weeks earlier during which he displayed a map with no Palestinian entity, an erasure of Palestine alongside the presumed establishment of Greater Israel. By taking these factors into account, Eid produces a revisionist view of October 7 that is more realistic and reflective of the values at stake.

There is a deeper significance to the way Eid establishes the context accounting for October 7. His approach is a necessary antidote to the Western hegemonic discourse, which denounced any assertion that the Palestinian attack was justifiable resistance to the provocative criminality of apartheid, several terrifying militarily inflicted massacres, and sixteen years of a cruelly punitive blockade whose constraints on imports could not be plausibly justified as a security measure while guaranteeing the misery of Palestinian lives in Gaza. Eid’s book should be read as a corrective to the disgraceful performance of a mainstream media in the West that excluded all considerations of context from its evaluation of the events of October 7 and declared justificatory acceptance of Israel’s claimed entitlement to act in self-defence, echoing its coverup of overt recourse to genocide as nothing other than a necessary “security operation.” This is a deliberate attempt to banish the word “genocide” from use in Western public discourse and mainstream media when reporting on Israel’s totally dominant military capabilities in executing its indiscriminate rampage against the completely helpless civilian population of Gaza. Despite this effort to restore the discipline of pro-Israeli discourse, describing the Israeli violence as “genocide” has been gradually normalized in many societal and media venues, but not yet all.

Failures of Implementation: International Law and Universal Moral Standards

This linkage between what daily occurs on the ground in Gaza and the broader issues of toxic dysfunction that have long poisoned the Palestinian experience exposes the willful impotence of what Eid generously terms the “international community,” as if there was one.  It is intolerable for Eid that outsiders, whether governments, international institutions, media, or even individuals, remain spectators, or worse, render aid and comfort to the perpetrators and their accomplices in carrying out this “crime of crimes.”  Along the way, Eid acknowledges that the Nazi Holocaust against Jews was similarly internationally tolerated, especially by the Western liberal democracies that have, since 1945, alleviated their guilt at the expense of the Palestinians, who pay for moral shortcomings for which they had no responsibility. Two massive wrongs never make things right; rather, as the poet Auden teaches, “those to whom evil is done / do evil in return.”[2]

Israel’s official occupation policy after 1967 stressed putting the people of Gaza “on a diet,” with just enough food to avoid death by starvation but not enough to enable nutritional health. Eid emphasizes the long denial of the right of return enjoyed by refugees after 1948 as affirmed in the UNGA Resolution 194. Any process of satisfying the requirements of international law would also necessitate the dismantling of the apartheid regime of control and ethno-religious claims of a Jewish supremist state.

Eid’s Vision and Its Enemies

As Eid articulates his vision of a benevolent future for the Palestinian people, he sets forth its simple but far-reaching governance implications: A single secular state for both peoples from the river to the sea with equal rights for all resident ethnicities. For Eid, this is the one and only solution, an indirect repudiation of the two-state delusion as well as his complete rejection of an Israeli one-state apartheid Greater Israel.

Eid does far more than relate the horrors of incremental genocide. He condemns not only the Israeli perpetrators but severely incriminates their complicit supporters who supplied weaponry and funding that sustains the mighty military capabilities of Israel and give diplomatic credence to it is flagrant defiance of international law. This is more than critique, it is also a rejection of the only pathway Eid envisions as leading to peace with justice for the Palestinians, and even Jews. Such a solution, which will strike many jaded souls as “utopian” or both unattainable and unacceptable, rests on the simple major premise of fulfilling Palestinian rights under international law. In the Palestinian case, this means, among other policy alterations, lifting the draconian blockade of Gaza that has made the daily existence of inhabitants of Gaza (two-thirds of whom are refugees) a life of misery, one deliberately “engineered” by Israeli tacticians who “mow the lawn,” a term officials in Tel Aviv use to refer to Israel’s massive military attacks that are properly undertaken whenever Gaza seems to pose security threats by the vitality of its resistance activism, regardless of whether by armed struggle or nonviolent civil action.

Eid’s dispatches are written with the passion and experience of someone who has lived as a refugee since 1964, when he was born in Gaza. His parents lived in the Nuseirat Refugee Camp after they were forced, in 1948, to leave their home in the Palestinian village of Zarnouga. As the decades passed, they never gave up their expectation on one day returning to Zarnouga, even knowing it had been demolished. As they faced death, Eid’s parents last wish was that at least their bodies could be returned to their village for burial; a wish that was denied; a wish that, even if granted, would be far from fulfilling the kind of return envisioned by international law.

That he grew up in a refugee household helps explain Eid’s preoccupation with the exercise of the right of return of the five or six million Palestinians living as refugees as a necessary feature of any sustainable and acceptable peace process. And as such, it undoubtedly informs why he shows such contempt for the Oslo diplomacy initiated in 1993, a diplomacy that totally ignored, and implicitly rejected, this basic right embodied in international law. On other grounds, as well, Oslo justifiably reinforced his rejection of a Palestinian leadership that failed to insist on affirming the Palestinian entitlement to the most fundamental of human rights in the post-colonial era, the inalienable right of self-determination possessed by all peoples and claimed on behalf of every nation on the planet. Eid adopts a cynical view of the Palestinian Liberation Organization, which, by accepting the Oslo framework, sacrificed the future of Palestine for a seat at the far end of the negotiating table and the dubious ‘reward’ of a photo op on the White House lawn; the photo was used by the West to show the world the much celebrated, but deeply misleading Arafat/Rabin handshake as a historic reconciliation that was never to be implenmented . What followed the publicized initiation of Oslo diplomacy was, at best, a charade that dragged on long enough for Israel to expand its settler population to a politically irreversible level. Throughout, Israel has benefited from a ‘peace process’ that was never about peace, and which while running its course seriously harmed the Palestinians. The supervision of the negotiations by the overtly partisan US government should never have been accepted by the designated representatives of the Palestinian people who defied reason by not insisting on neutral auspices. As Rashid Khalidi, among others, have shown, the United States never even pretended to be an honest broker of the Oslo Process, but made no secret of situating itself in Israel’s corner.[3]

Eid’s perspective is formed by a blend of his multiple identities as victim, witness, survivor, activist, humanist, writer and journalist, university teacher, and public intellectual. This rare combination of experience and commitment contributes to making Eid an exemplary interpreter of the ongoing Palestinian ordeal. He is decidedly not a neutral observer; he is an undisguised and fully engaged “honest partisan” who develops a compelling Palestinian account of why the Palestinian ordeal came about and was allowed to happen. While his observations are avowedly one-sided, this lack of balance, oddly, provides a more objective approach because it is congruent with the realities of Gaza if tested by the evidence, regulative norms of law and morality, and proclaimed values at stake. As such, it presents readers with a happy contrast to the brainwashing pretensions of such influential media platforms as the New York Times or The Economist, which claim balance but, when it comes to reporting on Israel/Palestine, are more accurately perceived as sophisticated instruments of state propaganda.

Even without the benefit of being confronted by the pre-October 7 historical, legal, and ethical context, public protest began to mount, including in the centers of Israeli support in North America and Western Europe, as Israel continued the genocide unabated, refusing to heed growing public calls for ceasefires and constraint. Pro-Palestinian protests erupted on many university campuses but were quickly countered by Israeli donor leverage and governmental pressures, especially in the US. With the advent of Trump in 2025, pro-Palestinian activism on campuses and elsewhere faced renewed challenges, and not only in the US but also throughout Europe, reflecting a political swing to the ultraright.

Valuing and Learning from the Eid Perspective

What also makes Eid’s commentary exceptional is the authenticity of his voice, shaped by his intense experiences since his birth in 1964. His work is further informed by channeling the wisdom of profound and enraged Palestinian cultural icons, referencing the insights of Ghassan Kanafani, Mahmoud Darwish, and Edward Said, as well as making good use of anti-colonial writings drawn from authors in the Global South. It should be instructive for all readers that Eid derives his inspirational political guidance from these cultural sources rather than from the Palestinian political leaders that he holds co-responsible for misleading their own people in various self-destructive ways. Eid is appalled by the willingness of the Palestinian leaders anointed by the West to accept what he calls “bread crumbs” rather than insisting on liberation and basic rights as conferred by international law; law that is never acknowledged by Israel or enforced by either the UN or responsible geopolitical statecraft as ineptly overseen by the United States since the end of the Cold War that tended to favor geopolitical and strategic interests to legal, moral, and even prudent restraint. The most tainted bread crumb, in Eid’s reflections, is the idea of the acceptance of a permanently demilitarized Palestinian statehood on 22 percent of historic Palestine, especially considering that, in 1947, Palestinians rejected the dubious UN partition resolution that split the country – but at least awarded Palestinian with 45 percent of the land.

Eid is deeply influenced by the successful, analogous struggle against the hegemonic racism and settler colonialism of apartheid South Africa. He believes that the lessons of this earlier struggle can be adapted and applied to Palestinian circumstances, embracing the famous dictum, often attributed to Italian philosopher Antonio Gramsci, “pessimism of the intellect, optimism of the will,” which distinguishes the rational understanding of political injustices from an emotional reassurance that a just outcome will emerge from the struggle of the Palestinian people. In addressing this tension from my outlook, my rational self is less confident than Eid about the sufficiency of the South African model of liberation. I believe that Palestinian liberation will remain impossible unless it overcomes the primacy of adverse geopolitics (shaped by strategic interests rather than by a willingness to respect the rule of law and universally affirmed moral notms). These currently unregulated forces empower the Islamophobic complicity of the white West and are currently aligned with the Zionist networks in the West that have exerted an unhealthy influence over policy formation at national, regional, and global levels.

Giving equal attention to matters of political will, I am also encouraged by anti-colonial success stories. This reading of the recent historical record echoes Eid’s interpretations and, before him, Said’s. Both thinkers deeply theorized a belief that the side that controls “the high moral ground” in the end prevails politically over the side that dominates the battlefield due to its military superiority. In my terminology, and in keeping with Eid’s assessments, Palestine is winning this Legitimacy War and is on its way to an emancipatory future, although with much suffering and devastation on the road to such a political outcome. This guardedly hopeful outlook assumes Palestinian perseverance for as long as it takes, which Israel is ceaselessly working to undermine and weaken by its recourse to the most extreme methods of violence in the combat zones and to dirty tricks overseas, including “weaponizing antisemitism” as a policy tool of combat.

In Conclusion

The title of Eid’s book, borrowed from a poignant line in Kanafani’s novel Men in the Sun, would strike most international readers as enigmatic and obscure. Eid informs us that these words have become a popular slogan of Palestinian resistance fighters, conveying the vital message, “If you want to live, make noise”; that is, resist, but if ready to die in body or spirit, stay quiet. Such is Eid’s fighting spirit. His noise is a challenge to all everywhere to act on behalf of the Palestinian struggle within our respective spaces before it is too late. And as a fitting indictment, Eid’s last words in the epilogue again echo those of Kanafani: “Gazans have been banging on the walls of the Gaza concentration camp since 1948,” and still nothing happens by way of rescue, much less liberation. Silence almost everywhere, especially shameful among Arab regimes neighbouring besieged Gaza is reinforced by the timidities of the Arab League.

For Eid, Arab silence is not broken by uttering words of condemnation unless accompanied by coercive actions. In this sense, Eid’s own journey has led him and his family to take refuge in South Africa in recent months, the country that has acted more substantively than any other against Israel since October 7E by submitting a graphic complaint to the International Court of Justice (ICJ) alleging Israeli violations of the Genocide Convention. Unsurprisingly, Eid in exile insists that Palestinian liberation must take the form of a single secular constitutional and democratic state with recognized borders encompassing the whole of mandate Palestine. This affirmation is coupled with a total rejection of the dangerous fiction of co-existence and accommodation that is based on the mutual acceptance of a neutered Palestinian mini state that would be permanently demilitarized and otherwise left at the mercy of a highly militarized and racist Israel. [AC1] 

Secondly for Eid, a present grounding of realistic hope in this particular liberation struggle must be predominantly based on the activation of people rather than the good will and energies of governments and their institutions. This leads Eid to stress the role of solidarity initiatives to be with a sense of urgency throughout the world as typified by the Boycott, Divestment, Sanctions campaign. He strongly endorses BDS as a principal modality of Palestinian prospects ever since its initiation in 2005, when it began as a collective action with the backing of 170 Palestinian civil society organizations. In effect, liberation from settler colonialism in the historical presence can move toward victory only when people in strategic countries around the world are sufficiently mobilized to exert transformative pressures on governments and the international community to undo the political and economic ties that bind them to the oppressor.

Eid is lucidly persuasive in his refusal to accept the common refrain that there are “two sides” in recent debates about Israeli tactics and goals. Zionist liberals especially would have us so believe, evading the central reality that this a classic struggle, with distinctive features of the oppressed against the oppressor and its complicit allies. Eid is seeking a crucial rectification of the asymmetrical nature of the struggle. Suc continues to be highly controversial in the West, but seems vital to act upon if non-Palestinians are to support a genuinely just and sustainable peace. This view expresses a radical challenge to the status quo as its realization requires the rejection of the Zionist Project of Jewish supremist prerogatives in a distinct state as the essential precondition could enable the two peoples to live together as equals. Eid’s vision of liberation does not include the forced departure (in effect, an ethnic cleansing) of Jews or the destruction of Israel as a state, but it does require major adhustments: a fundamental reconstruction of its internal race relations; an abandonment of Zionist ideology; ethnic equality of treatment in nationality and citizenship laws; and quite likely the naming of the emergent one-state entity to signify the rejection of an ethnic statehood for either people.   

Gruesome patterns of Israeli abuses over the years are further confirmed by Eid’s own existential encounters with Israel’s prolonged dehumanizing and sadistic treatment of the people of Gaza, especially its children. His prose is written not with ink but with the blood of the innocents, undoubtedly a tearful recounting of very concrete incidents involving family members, close friends, neighbours. Eid is unflinching in his determination to bring Israel’s brutalizing behaviour out into the open by bearing anguished witness to targeted killings of innocent children by Israeli snipers, as well high tech weapons of war that killed whole families trapped in their homes and devastated entire residential neighbourhoods during Israel’s massive incursions, characterized as “massacres,” in 2008–09, 2012, 2014, 2018, and frequently, on a smaller scale, in the leadup to the full-scale genocidal response to October 7. In a significant conceptual move, Eid follows Pappe in presenting these years preceding that pivotal day as “incremental genocide.” This reality posed for every Palestinian an ultimate choice between the dangers of resistance and the humiliations of submission to the harsh apartheid constraints of Israeli control.

What makes this book truly groundbreaking, aside from its chronicling of witnessing in ways that impressively counteract the propagandistic decontextualization of October 7, is its clarity when it comes to a critique of the mainstream diagnosis of the Palestinian struggle and accompanying positive prescriptions about the path to a Palestinian victory emerging from the piles of rubble signifying Gaza after enduring these months of genocide.

Even though the provisional rulings of the ICJ on January 26, 2024, did nothing to change the facts on the ground, it should be read as an authoritative affirmation of the legitimacy of the Palestinian struggle and a heartfelt juridical lament for the accompanying humanitarian catastrophe still befalling Gaza. It undoubtedly helped motivate Eid to express the optimism of his will by the dramatic assertion in the epilogue that “Israel is now on the verge of collapse.”

Richard Falk

Santa Barbara, California

30 January 2025


[1] Ilan Pappe, The Biggest Prison on Earth (Oneworld Publications, 2019). [the ‘e’ in Pappe is written with an accent over it)

[2] W. H. Auden, ‘September 1, 1939,’ published in Poetry of the Thirties , Penguin, 1964

[3] Rashid Khalidi, Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East,” Beacon Press, 2013, https://harpers.org/2013/03/brokers-of-deceit-how-the-u-s-has-undermined-peace-in-the-middle-east/.


 [AC1]Something missing here.