Prefatory Note: What follows is an interview published in Middle East Eye and conducted and edited by Hilary Wise, who is very proud that her ‘Hilary’ has only one ‘l’ unlike our current presidential candidate, who with help from several sources, most of all, from her opponent, seems on the road to victory on November 8th. I want above all that Palestine will not suffer the fate of other oppressed people, and be written off as ‘a forgotten struggle,’ or worse, ‘a lost cause.’]
“Apartheid, annexation, mass displacement and collective punishment have become core policies of the state of Israel.” Such a clear and uncompromising statement may be unusual for a high-flying academic and former top UN official, but it is typical of Richard Falk.
With his tall, spare frame, neatly trimmed white beard and quiet, scholarly demeanour, Falk appears the epitome of a retired professor. He is indeed an Emeritus Professor of International Law at Princeton University, but “retired’ is not a word in his vocabulary, even at the age of 85.
His pages-long bibliography on issues as diverse and complex as racism, the Iraq war and climate change bears witness to his intellectual energy and the breadth of his political commitment. Still travelling the world speaking on a wide range of topics, his latest book Palestine Horizon: Toward a Just Peace will be published in a few months’ time.
“Apartheid, annexation, mass displacement and collective punishment have become core policies of the state of Israel”Why Palestine?
As for many of his generation, including Noam Chomsky, the Vietnam war played a major role in Falk’s political education: “Two transformative visits to ‘the enemy,’ North Vietnam, led me to understand the war from the perspective of a low tech society utterly vulnerable to high tech warfare, and changed my commitment from opposition to an imprudent war to the rejection of an unjust and immoral war. It was this basic shift in political consciousness that underpins my approach to Israel/Palestine.”
Responding to the Zionist claim that Israel is unfairly singled out for criticism in a world full of brutally oppressive regimes, Falk points to two distinguishing features. One is the unprecedented role played by the UN, in endorsing the Balfour Declaration in 1917 and in partitioning Palestine.
The second is “the UN’s continuing inability to challenge Israel’s policies and practices that defy Security Council Resolution 242 and the international consensus proposing an independent sovereign state of Palestine”.
Known as an authoritative voice on Palestine from the late 1990s, it was as UN Special Rapporteur on Palestine from 2008–2014 that Falk came to prominence worldwide. It is an unpaid job that few would envy, as the path of opposition to Israel’s policies is strewn with wrecked careers and ruined reputations. But Falk picked up this hottest of political hot potatoes without hesitation.
Part of his commitment stems from the fact that he is both American and Jewish. The US clearly provides Israel with unparalleled political, economic and military support and, “as a Jew it concerns me that this state that claims to be a Jewish state – itself problematic given its ethnic composition – fails to live up to international legal and moral standards”.
For him, being Jewish means being “preoccupied with overcoming injustice and thirsting for justice in the world, and that means being respectful toward other peoples regardless of their nationality or religion, and empathetic in the face of human suffering, whoever and wherever victimisation is encountered.”
The cost of commitment
The vilification Falk has endured is inevitable, given his reputation for combining legal rigour with unflinching candour. From the outset, his appointment as special rapporteur was vehemently opposed by Israel and its supporters. When he arrived to assume his duties, he was put in jail near Ben Gurion airport and has since been excluded from Israel and the Occupied Palestinian Territories.
Like many others who speak out on this issue, he has come up against pro-Israel groups which have sought – generally unsuccessfully – to get events he participated in cancelled, or speaking invitations withdrawn.
On the special venom reserved for Jewish critics of Israel, he recalls: “My worst moment with respect to being Jewish occurred when the Wiesenthal Institute in Los Angeles listed me as the third most dangerous anti-Semite in the world in their annual identification of the ten most dangerous anti-Semites in 2013.” He adds wryly, “Although hurtful, such a designation did give me the sense that I must be doing something right in my UN reports to get such prominent attention.”
Even his Turkish-born wife Hilal Elver, herself a highly distinguished academic, found herself in the firing line when she was about to be appointed UN Special Rapporteur for the Right to Food.
“UN Watch mounted a vicious campaign accusing her falsely of being a front for my views and sharing my alleged bias toward Israel. She actually had never taken public positions of any kind on political issues and had never published anything critical of Israel except for a short piece that raised some questions about the political uses of Israel’s desalination technology.
In the end, her appointment was approved by the Human Rights Council, but the adverse publicity made it a painful experience, especially for her, but also for me.”
Despite the obstacles, as Special Rapporteur Falk was tireless in monitoring and cataloguing events in the region in scrupulous detail. The conclusions he has drawn, especially in relation to Israel’s multiple violations of international law, are couched in unambiguous language, with terms such as “apartheid,” or “state-sponsored terrorism” and “ethnic cleansing,” being carefully defined and justified. And he has met the voices of his critics from the unconditional supporters of Israel with calm rational rebuttals.
Children bear the brunt
Of all aspects of the occupation and dispossession of the Palestinian people, the plight of children – be they the thousands killed and maimed in Gaza, or the hundreds detained every year in Israeli jails – has commanded his special attention.
A very recent contribution to the field of Palestinian human rights is Falk’s preface to a heart-rending collection of testimonies: “Dreaming of Freedom; Palestinian Child Prisoners Speak.”
Of the extortion of confessions from children he writes: “In a manner that I encountered in apartheid South Africa, maintaining innocence is usually punished worse than confessions, whether true of false, and thus there is no incentive whatsoever to hold out. What is even more dehumanising is the demand of Israeli officials that these Palestinian teenagers implicate their friends and neighbours.”
“Maintaining innocence is usually punished worse than confessions, whether true of false”
To Israel’s claims that the killing and imprisonment of young Palestinians – largely for the crime of throwing stones at military vehicles – is justified, he counters that physical resistance to many years of oppression, however ineffective, is “a natural and entirely understandable response to the brutalities and indignities of military occupation, especially if carried on in violation of international humanitarian law”.
He calls for the International Committee of the Red Cross “first to study the subject of children under occupation, and then to prepare a draft convention and convene a meeting of governments and legal experts to consider this special challenge of child prisoners in circumstances of belligerent occupation”. Failing that, he proposes that the UN Human Rights Council or the secretary general appoint a commission to prepare such a convention.
On the related question of calling Israel to account for alleged war crimes in Gaza, he admits that the political obstacles to any prosecution are immense: “It seems unlikely that the ICC [the International Criminal Court] will embark on such a politically difficult journey, especially since Israel will not cooperate with any issuance of arrest warrants.” He doubts whether the International Court of Justice would be any more effective: ”Israel would have to agree, which is inconceivable, or at least allow Israeli defendants to be brought before the court in the Hague.“
Another legal route, that of seeking an advisory opinion from the UN General Assembly, such as that issued in 2004, strongly condemning the construction of the separation wall, carries immense moral authority. Admittedly, he says, the latter proved ineffective in reining in Israel’s appetite for settlement and annexation, but the symbolic value of such measures and the encouragement they provide to civil society movements should not be underestimated.
The road ahead
A realist as well as an idealist, Falk sees no likelihood of Israel modifying its policies in the near future: “I do think that Israel is likely to continue mounting periodic attacks on Gaza for a variety of reasons, including the competitive edge gained in the arms market from field testing weapons and tactics.”
“I do think that Israel is likely to continue mounting periodic attacks on Gaza for a variety of reasons, including the competitive edge gained in the arms market from field testing weapons and tactics.”
“Jeff Halper’s The War Against the People makes this argument in a detailed and persuasive way. Halper also shows that these arms connections with more than 100 countries also have diplomatic side benefits, by giving foreign governments incentives not to take strong positions against Israel at the UN or elsewhere.”
Nevertheless, he finds reason for hope. “There have been major shifts of attitudes here in the US, especially among younger people, including Jews. Israel has lost its early image of being an idealistic and dynamic society that is a successful political model in a region that is dominated by military and religious autocracies.”
He also speaks of Palestinian civil society activists and their leaders as “increasingly the most authentic representatives of the Palestinian people,” and strongly supports the campaign of Boycott, Divestment and Sanctions (BDS) launched in 2005, which has become the centre of a growing global solidarity movement.
“If the BDS campaign can continue to build support and mount pressure,“ he says, “it has some chance of inducing Israeli political elites to recalculate their interests, and seek compromise and accommodation based on the equality of the two peoples. This is essentially what happened in South Africa, which also seemed like an impossibility – until it happened.”
Against this campaign are ranged the forces of a powerful pro-Israel lobby fighting worldwide to equate any criticism of Israel with anti-Semitism. Falk finds this understandable: “Israeli think tanks in recent years have accurately concluded that what they call ‘the delegitimation project’ is a greater danger to Israeli security than is the prospect of revived Palestinian armed struggle.”
Clinton hostility to BDS
In relation to the upcoming elections, he is deeply disturbed by Hillary Clinton’s pledge to major Jewish donors that, if elected, she will oppose BDS. For Falk, this is a position that poses constitutional questions of repressing freedom of expression and nonviolent political advocacy. “Criticism of a political movement or of state policies and practices is treated as if it were hate speech – which totally contradicts the idea that citizens in a democratic society have the right and even the duty to follow their conscience with respect to public issues.”
Having witnessed many unforeseen political convulsions and transformations around the world, from the collapse of the Soviet Union to the Arab Spring, Falk does not despair of an eventual just solution in Palestine. He sees a “settler colonial society” like Israel as a complete anachronism in the 21st century and is certain that “the flow of history is on the side of the Palestinians”.
“The only humane and practical solution,” he says, “is to work out some kind of arrangement that shares Palestine on the basis of equality, whether as one state or two.”
But there is a prerequisite for peace: “To reach such a goal, the Israeli leadership would also have to acknowledge, in an open formal process, the wrongs inflicted on the Palestinians over the years since the establishment of Israel in 1948, starting with the Nakba (catastrophe).”
An impossible dream? Falk refers again to the sea-change wrought in South Africa, with its courageous Truth and Reconciliation Commission. “If the regional situation turns against Israel and if the US is not unconditionally supportive, then unexpected changes should not be ruled out.”
Was the Nobel Peace Prize in 2016 Wrongly Awarded?
15 Oct[Prefatory Note: The Nobel Prize for 2016 was given to the President of Colombia, Juan Manuel Santos, in recognition of his efforts to end internal civil strife that had continued in the country for over half a century. An agreement was achieved with the main rebel group, but depended for final adoption on approval by the citizens of Colombia through a referendum. This was unexpectedly defeated, leaving the future of the country in doubt. The NYT initiated a discussion of the merits of this award to Santos through its mechanism of ‘Room for Debate’ in which several individuals are invited to submit comments. My comment critical of the award is printed below, and is followed by an even more critical comment by Fredrik S. Heffermehl, a Norwegian jurist who has taken a special interest in the Nobel Peace Prize, especially making a great effort to call attention to the failure of the Norwegian committee that is responsible for deciding on recipients to adhere to the will and intentions of Alfred Nobel who established this most coveted of international awards at the end of the nineteenth century. The two other comments published in this debate on the opionion pages of the NY Times were contributed by Jeffrey Goldberg of the New School of Social Research in New York City and Michael Kazin of Georgetown University.]
NY Times–The Opinion Pages
What the Nobel Peace Prize Prizes
INTRODUCTION
President Juan Manuel Santos of Colombia.
John Vizcaino/Reuters
Five days after his nation voted down his effort to end a 52-year conflict with leftist rebels, President Juan Manuel Santos of Colombia was awarded the Nobel Peace Prize for negotiating a peace treaty. President Barack Obama won the prize only nine months into his presidency.
Should the Nobel Prize be awarded for concrete achievements, or is it important to recognize those who aspire to peace? What is lost or gained when awards are given for aspirations?
The New York Times
Should the Nobel Prize only be given for actual achievements, or is it important to recognize those who aspire to peace?
THE OPINION PAGES
The Nobel Peace Prize Committee Has Stretched the Understanding of the Prize
Richard Falk is Milbank Professor of International Law, Emeritus, at Princeton University, and author of “Power Shift: on the New Global Order.”
The Nobel Committee insisted that this year’s peace prize was given to President Juan Manuel Santos of Colombia because he tried so hard to achieve peace, even though he failed, and to encourage efforts to revive the process. It remains to be seen whether those efforts will succeed. Thorbjorn Jagland, former chairman of the Norwegian Nobel Committee, which awards the peace prize, observed that “since there is so little actual peace in the world, we have to award those who are trying.”
Without moral clarity with respect to the recipient, only the greatest achievement can overcome the taint of a compromised past.
But should the award be a way of encouraging efforts to achieve peace or to honor the achievement of peace? I think that both kinds of contributions to a peaceful world are consistent with the wishes of Alfred Nobel, although I think the selection committee stretched the understanding of peace beyond what Nobel had in mind by honoring human rights and environmental activists (for example, Shirin Ebadi in 2003, Lech Walesa in 1983 and Al Gore in 2007) whose activities however admirable are not easily linked to peace as understood by Nobel.
It’s even worse when the award is bestowed either prematurely, as with President Barack Obama in 2009, or against the background of a career that seemed disposed to war-making and complicity in human rights abuses, as in the case with the 1973 award to Henry Kissinger. There are occasions when an award can be given for a lifetime of struggle for peace as was the case when Joseph Rotblat and the Pugwash Conferences received the award in 1995 for “their efforts to diminish the part played by nuclear arms in international politics and, in the longer run, to eliminate such arms.†Such encouragement seems entirely appropriate.
Obama’s Prague speech, given prior to his Nobel Prize, inspired many by depicting his vision of a world without nuclear weapons. In retrospect, the Nobel Committee was indulging in wishful thinking. Obama, although internationally moderate in many respects, escalated the American military involvement in Afghanistan just weeks after receiving the award, and worse, never really used the eight years of his presidency to push forward the Prague vision.
Finally, the Santos award is questionable for several reasons. For one thing, Santos served as Defense Minister under Alvaro Uribe, who earlier pushed a vicious paramilitary campaign led by Santos against the guerillas. For another, unlike prior Nobel awards for peacemaking efforts (U.S./Vietnam, Israel/Egypt, Israel/P.L.O.), the counterpart in negotiations, the rebel leader Ronrigo Londono, was not a co-recipient or even mentioned in the citation.
What emerges from this commentary is the importance of moral clarity with respect to the recipient, without which only the greatest actual achievement can overcome the taint of a compromised past.
THE OPINION PAGES
Nobel’s Will Determines What the Peace Prize Should Recognize
Fredrik S. Heffermehl, a retired Norwegian lawyer, is the author of “The Nobel Peace Prize, What Nobel Really Wanted,” and director of Nobel Peace Prize Watch.
October 13, 2016
Since writing a book with a legal analysis of Aflred Nobel’s intention I have been reminding the world that the will Nobel wrote in 1895 is decisive in all questions about the prizes, even though its criticism has been frequently ignored. If the testament covers an issue, one may debate the wisdom of Nobel, but he is dead and the will is final. If it doesn’t cover an issue, the floor is open.
He said all five prizes should go to those who have conferred the greatest benefit on humanity.” Above all the will is important on the core question of who can win. Surprisingly many seem to think that to answer such questions they just need to go to the will and make sense of what the words mean to them. But legal interpretation is about what the testator intended and requires extensive study of evidence and circumstance. What counts in law is what the words must have meant to Nobel irrespective of the words he used, said the Swedish jurist Torgny Haystad.
So, does Nobel’s will require that the prize only recognize achievements? A mere linguistic analysis of the words is not conclusive. More helpful is to note that all his five prizes should go to those who have conferred the greatest benefit on humanity, and also consider the zeitgeist of boundless optimism and hopes of changing the plight of mankind through major inventions. As he signed the will he also took steps to buy a Swedish liberal paper, writing that he wished to end armaments and other remnants from Medieval times, this is also evidence of what went on in his head in 1895.
The will´s most helpful word to identify Nobel´s intention is that prizes were to benefit the champions of peace and the evidence, mainly letters, show that by this expression he meant the movement for ending armaments through co-operation and nations relying on courts of law instead of strength in the battlefield. These ideas for a specific new, peaceful world order were inspired by Nobel’s friend, the prominent peace advocate Baroness Bertha von Suttner.
As long as the Nobel committee is loyal to his vision of peace, I would allow it considerable leeway. But without even considering the question of achievement or aspiration, neither President Obama nor President Santos should be considered the champions of peace who Nobel had in mind. Nobel envisioned global disarmament, not mere resolution of national conflicts, as Santos tries to accomplish. And since receiving his prize, Obama has hardly pursued such a path.
The Nobel Prize Recognizes That Aspiring to Peace Makes Peace More Likely
Jeffrey C. Goldfarb is Michael E. Gellert Professor and chairman of the Department of Sociology at the New School for Social Research, editor in chief of Public Seminar and author of “Reinventing Political Culture: the Culture of Politics and the Politics of Culture in American Life.”
UPDATED OCTOBER 11, 2016, 1:43 PM
Given President Barack Obama’s stewardship of American foreign policy after winning his Nobel Peace prize, it would seem that the award this year to President Juan Manuel Santos of Colombia may have been a mistake. In both cases, the award was as much about aspiration as achievement, and sometimes aspiration is just not enough.
But then again, sometimes it is, and sometimes the recognition of the aspiration has a way to turn it into achievement.
Obama recognized the ideals of Gandhi and King, and knew he wouldn’t be able to adhere to their ideals absolutely.
Obama was awarded the prize for his “efforts to strengthen international diplomacy and cooperation between peoples.” Yet, he escalated the war in Afghanistan, and the war there and in Iraq continue. The U.S. drone program has been expanding during Obama’s watch. And under Obama’s leadership, the U.S. has continued to be engaged in further military actions in North Africa and the Middle East.
On the other hand, Obama has helped de-militarize American foreign policy, winding down two wars. He has publicly and clearly affirmed U.S. commitments to respect the Geneva Agreements and ended the American use of torture. And under Obama’s leadership, American military engagements have been multilateral and debated in and supported by the United Nations.
The prize is awarded in the tough zone that exists between ideal and reality.
Obama’s Nobel lecture was about this. He confronted the paradox of awarding the Peace Prize to the commander in chief of the world’s premiere superpower. He recognized the ideals of Gandhi and King, as he knew he wouldn’t be able to adhere to their ideals absolutely. But he has confronted the hard realities of a complex world mindful of the ideals, distinguishing himself on the world stage.
And this indeed is what President Santos has done. He has resolutely worked to “bring the country’s more than 50-year-long civil war to an end,” trying to convince all parties to the conflict that a just peace has been achieved, one that properly balances the ideals of peace, with the pursuit of justice and accountability. While because of the complex political situation in Colombia, he has not achieved his goal to date, in his aspirations, he has kept the ideal alive, which the Nobel Committee rightly recognized and honored.
And this may be politically significant: the very recognition of the aspiration makes more likely the achievement of peace.
The Nobel Can Reward Thankless Efforts for a Crucial Goal
Michael Kazin is a professor of history at Georgetown, editor of Dissent magazine and author of “War against War: The American Fight for Peace, 1914-1918,” to be published in January.
UPDATED OCTOBER 11, 2016, 3:21 AM
It is hardly novel to award the peace prize for a goal that has not yet been accomplished. President Woodrow Wilson won in 1919 for championing a League of Nations the United States did not join. A French and a German diplomat shared the prize in 1927 for “contributions to Franco-German reconciliation” – at the time, more a hope than an achievement. The lovely aspiration became a bad joke when Hitler’s armies rolled into Paris thirteen years later. The Norwegian committee had better foresight when it gave the prize to Lech Walesa in 1983 and Desmond Tutu a year later. Within a decade, both their causes had triumphed.
The prize sends a message about how societies should work, instead of how they actually do. It rewards service in the quest of a peaceful world.
Such prizes always send a message of how societies should work instead of how they actually do. And shouldn’t there be at least one universally celebrated form of recognition that rewards diligent service in the quest of a truly peaceful world?
If so, two of the most worthy recipients were American feminists – Jane Addams and Emily Green Balch. Addams won the award in 1931 for decades of pacifist organizing. As one of the leaders of the movement to stop World War I, she got condemned as a traitor and a coward. In the wake of that horrific conflict, however, she seemed more like a prophet. The Nobel committee saluted Addams for holding “fast to the ideal of peace even during the difficult hours when other considerations and interests obscured it from her compatriots and drove them into the conflict.” Balch received the honor in 1946. With Addams, she had created the Women’s International League for Peace and Freedom – an organization whose members devoted themselves to exposing the cruel U.S. occupation of Haiti as well as campaigning for international disarmament.
Pacifism has never been a sizeable movement, in any land or in the world at large. In his great 1910 essay, “The Moral Equivalent of War,” William James pointed out that men from every nation were willing, even eager, to fight—and most women supported them—because war seduced as well as horrified. It was, he wrote, a mark of “the strong life…of life in extremis.” In contrast, peace advocates appeared weak, soft, and ineffectual. But this is all the more reason to signal, with the world’s most prestigious medal, that stopping both current and future wars is one of the greatest and most urgent tasks of all.
Tags: Alfred Nobel, Barack Obama, Colombia, FARC, Juan Manuel Santos, Nobel Peace Prize, Nobel Prize Committee