RUSSELL TRIBUNAL SESSION ON PALESTINE

5 Sep

[Prefatory Note: On September 24 a special session of the Russell Tribunal will examine war crimes allegations against Israel arising from the 50-day military operation that commence on July 8th. The RT has developed a record of examining the criminality of state actors that enjoy impunity internationally because they are insulated from accountability by what I have called a ‘geopolitical veto’ in this case exercised by the United States and several major European countries. Where governments and the UN fail to implement international law, there exists a right of peoples to play a residual lawmaking function. It is somewhat analogous to the residual role that the General Assembly is empowered to play when the Security Council is unable or unwilling to perform its primary role in relation to international peace and security. To fill this normative vacuum the RT has long played made an honorable contribution to what might be called ‘the empowerment of legal populism.’ I encourage attentiveness to this event, including publicizing its occurrence and disseminating the results of its deliberations. As the announcement below indicates, I am proud to be a member of the jury for the session along with a series of truly distinguished and qualified high profile international personalities known both for their professional achievement and for their principled stands as ‘citizen pilgrims’ dedicated to a humane future shaped by global justice.]

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

RT Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal th

 

 

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24-25 September – Brussels – Albert Hall, Brussel

 

A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

Looking forward to seeing you all in Brussels.

 

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

24-25 September – Brussels – Albert Hall, Brussel
A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

 

 

 

 

 

 

 

 

 

 

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Two Types of Anti-Semitism

1 Sep

 

Contrary to much conventional thinking that treats ‘anti-Semitism’ as exclusively a form of ethnic hatred, there is a second kind of attitude that is alleged to be ‘anti-Semitism’ because it is critical, often justifiably so, of Zionism and Israel’s policies and practices. This second type of supposed anti-Semitism is a tactic deployed to discredit critics of Israel by insisting that criticism of Israel and hatred of the Jewish people should not be distinguished. These two distinct types of anti-Semitism actually work at cross purposes, and although there may be situations of overlap, it is a dangerous confusion to lump them together.

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It is rather unusual for even the harshest critics of the behavior of the U.S. Government to be castigated as anti-American except sometimes in the midst of international security crises, but even then such accusations usually reflect the outlook of red neck patriots or extremists who identify with the right wing of American politics. Also, such accusations, although unpleasant, lack the sting of anti-Semitism, which carries with it an implicit secondary allegation of indifference to the Holocaust, to the Nazi genocide, and to the long history of persecution directed at the Jewish people. In my view this labeling of Israel’s critics as ‘anti-Semites’ is a short-sighted form of unsavory state propaganda, generally implemented overseas by hard core Zionist groups, and partly responsible for an emergent backlash that is being expressed by hatred and hostility toward Jews. This is a highly sensitive subject matter that is almost certain to be treated emotionally in a manner shaped by strong ideological alignments for or against the way in which Israel has behaved since its contested establishment in 1948 and in relation to attitudes toward close connections between the Zionist movement and the Jewish people.

 

Type I anti-Semitism is a form of virulent racism, which is characterized by hatred and envy, and leads to manifold forms of hostility toward Jews. It has been often accompanied by strong governmental and societal support for a punitive response to Jews so as to safeguard the dominant religion and ethnicity, and to uphold the values and traditions of the non-Jewish political community that are supposedly under threat as a result of Jewish activities; historically, Type I anti-Semitism traces its historic roots back to the origins and rise of Christianity, reinforced in later centuries by European restrictions on Jewish ownership of land and permissible habitats that led Jews to focus on money and banking, creating a close relationship between Jews and the rise of capitalism, especially finance capital.

 

Extreme cases of Type I anti-Semitism involve the capture of state power by an anti-Semitic outlook as exemplified by Hitler’s Germany. It is also relevant to observe that anti-Semitism was relatively rare in the Islamic world, which upheld freedom of worship by religious minorities although claiming a hegemonic role for Islam, especially in the era of the Ottoman caliphate. Until the problems generated by Zionism, anti-Semitism was not a serious issue in the Middle East where Jews in most Arab countries were mostly treated as an authentic religion and a respected minority. Throughout modern history Jews suffered mostly from European anti-Semitism with Russia considered part of Europe.

 

In Germany the Nazi seizure and abuse of state power led by stages to death camps, genocide on a massive scale, given its distinctive historical status by becoming known as the Holocaust. This genocidal implementation of anti-Semitism was prepared by Nazi ideology and its ruthless and overtly discriminatory practices, which demonized Jews along with the Roma people and others deemed unfit to propagate Aryans, put forward as the master race. Type I anti-Semitism in post-Nazi Christian societies has generally disappeared beneath a thick cloud of guilt and denial related to the past, although mild patterns of societal prejudice persist. These patterns involve a variety of exclusions and discriminations, ranging from informal and unspoken patterns of discrimination in employment and social life to ethnic profiling that calls public attention to unfavorable aspects of physical appearance or behavior attributed to Jews, and includes jokes that perpetuate stereotypic views of ‘the Jew.’ Such societal attitudes are to some extent offset by the widespread recognition of Jewish achievements and influence disproportionate to their small numbers, and the remarkable resilience of the Jewish people over the centuries despite facing many daunting challenges.

 

Christian Zionism, so-called, is best viewed as an indirect endorsement of Type I anti-Semitism that hides beneath the veil of ardent support for Israel as a state and Zionism as a movement. Its anti-Semitic animus is directed against Diaspora Jewry, deriving from a reading of the Book of Revelations that anticipates that the Second Coming of Jesus will only occur once all Jews have returned to the Jewish state of Israel. To foster this prophetic claim, Christian Zionist favor taking steps to encourage Jews to emigrate to Israel, and in this respect are in accord with the most influential tendency in Zionist thinking. The further anti-Semitic character of Christian Zionism is directed at a subsequent stage of the Last Judgment, a time of reckoning at which all those who have not embraced the Christian faith would be consigned to permanent damnation. Despite these anti-Semitic underpinnings, Israel has officially and existentially bonded with Christian Zionism, giving its organization a diplomatic status and welcoming its unconditional support within the American political scene. This connection between Israel and Christian Zionism typifies a Faustian Bargain, and functions to tip the political balance within the United States even further in an Israeli direction than might otherwise have been the case.

Type II anti-Semitism comes in two very diverse variants. The first variant is what might be called ‘an Arab branding of anti-Semitism,’ taking the form of condemning Jews and the Jewish people for the implanting of a Jewish state in Israel. Anger is also directed at Israel for granting a right of return to all Jews throughout the world while denying every Palestinian any right of return, withholding such a right even from those Palestinians and their descendants who either fled or were expelled from their homes in 1948. This kind of conflation of a state project with the ethnicity of the people involved is unacceptable, and is a form of anti-state propaganda that assumes a hateful form by targeting an ethnicity in addition to a political entity. Most Arabs do not subscribe to such an outlook are careful to draw the distinction between Israel as an illegitimate political phenomenon and Jews as a distinct and geographically dispersed ethnicity. It is important, as well, not to brand Arabs as ‘anti-Semitic’ because some do cross this line of ethnic hatred.

 

The second expression of Type !! anti-Semitism oddly enough indirectly endorses Arab anti-Semitism by saying that hostility to the state of Israel cannot be distinguished from hostility to the Jewish people. The central contention is that strong criticisms of Israel as a Jewish state or directed at the Zionist Project or expressing sharp disapproval of the policies and practices of Israel are thinly disguised expressions of hatred toward Jews as a people and Judaism as a religion. Proponents of what might be called ‘the Zionist branding of anti-Semitism’ do their best to make people believe that the two types of concern are not properly distinguishable. In this way critics of Israel are denigrated as ‘anti-Semites’ in its authentic sense of hatred of Jews. If Jews themselves become strong and visible critics of Israel they are branded as ‘self-hating Jews’ or simply lumped together with Type I anti-Semites. This is not to deny that some Jews may actually as a matter of deep psychological outlook hate their Jewish identity, and try hard to escape from it, but criticizing Israel and rejecting Zionism should not be used as evidence of such self-hatred. In fact, some anti-Zionists rest their views on strong convictions that Zionism is a betrayal of Jewish values and tradition, and exhibit great pride in their Jewish heritage.

 

I recall an encounter in Cyprus more than a decade ago with hasbara specialist, Professor Gerald Steinberg of UN Monitor and the Israeli ambassador to Greek Cyprus at a meeting of the Inter-Action Council devoted to conflict resolution in the Middle East. The Inter-Action Council is composed of former heads of state, and I was invited as ‘a resource person.’ This session was on Israel-Palestine was chaired by Helmut Schmidt, the former German Chancellor. In the discussion, the Israeli participants argued strongly that Israel, Zionism, and Jewish identity were a unity, and any criticism directed at one of three perspectives was an attack on the other two. I intervened to say that I strongly dissented from such a view, and felt as a Jew a critical attitude toward both Israel’s behavior and Zionist claims. Afterwards, several participants, including Mr. Schmidt, thanked me for saying what they believed, but told me they were unable to say because they feared that it would be treated as proof of their anti-Semitism. In contrast, Mr. Steinberg was quite hostile after the meeting, informing me in a peremptory manner that my comments were ‘most unhelpful.’

 

In my view it is most unfortunate to consider criticism of Israel, even if strongly worded unless amounting to hate speech, as tantamount to anti-Semitism. Type II anti-Semitism has several serious undesirable consequences: it conflates a valid repudiation of ethnic hatred with invalid efforts to ethnicize or discredit criticism of Israel and Zionism; It makes many non-Jews believe that if they are critical of Israel they will be unfairly discredited as anti-Semites and Jews are made to fear that they will be regarded as self-hating, thereby inhibiting criticism of Israel and Zionism. For this reason it allows Israel to hide its criminal policies and practices toward the Palestinian people by invoking the memory of the Holocaust and the long history of Jewish victimization, and thereby inhibit criticism. Also, it leads many people to believe that there is no difference between Jewish identity and Zionist solidarity. This fosters a tendency by some non-Jews to regard Jews as an ethno-religious-political category, even if they have no connection with the state of Israel, and hence responsible as a people for the victimization of the Palestinian people. This insistence that Type II anti-Semitism is a genuine form of anti-Semitism actually encourages Type I anti-Semitic behavior. When Arab youth in the banlieux of Paris throw stones at any Jew they can find on the streets of the city the hateful act is based in most instances on their bitter hostility to Israel. It is clear in such behavior that a symbiotic relationship exists between the equally invalid Arab and Zionist efforts to link Israel/Zionism with hatred of Jews.

 

American popular culture inscribes this confusion. For instance in an early episode of the TV series House of Cards a U.S. senator is completely discredited as a viable candidate for elected office because his opposition found that he was the author of an unsigned editorial in a student newspaper while an undergraduate that criticized building of settlements in the West Bank. Once his authorship was publicized, it was treated as ‘a no brainer’ that his political career was over without any consideration of his age, of the reasonableness of what he had written, and of the supposed openness in a constitutional democracy of diverse views. During the recent Israeli attacks on Gaza this same atmosphere in Washington produced a resolution with 100% backing expressing unreserved support for Israel’s right to defend itself. In polarized America to find such unanimity confirms above all the undeniable success of pro-Israel forces to treat Type II anti-Semitism as synonymous with hatred of Jews. As John Mearsheimer and Stephen Walt have convincingly argued, with ample documentation, this skewing of the political atmosphere has interfered with the rational pursuit of American national interests in the Middle East.

 

A recent example of such the manipulation of such anti-Semitic allegations has been raised by the case of Steven Salaita recently denied a tenure track appointment at the University of Illinois because he sent several ‘uncivil’ tweets during the July/August military onslaughts on Gaza. The university chancellor, Phyllis Wise, wrongly treated these tweets as evidence of Type I anti-Semitism, although she slyly claims to have acted to protect an atmosphere of civility on the campus, and not because Salaita exhibited anti-Israeli views. Chancellor Wise used this (mis)perception, strongly encouraged by off-campus Zionist pressures and threats relating to funding, to justify denying Salaita an academic appointment that he had accepted and relied upon in good faith. He had rented a house near what he reasonably thought would be his new campus in Urbana-Champlain, and had already resigned his position on the faculty at Virginia Tech University. Salaita had outstanding teaching evaluations at Virginia Tech that included student appreciations of a classroom environment that welcomed all points of view. His scholarship in American Indian Studies had been thoroughly vetted by a lengthy recruiting process at Illinois. The lame justification given by Chancellor Wise and her supporters is that Salaita’s tweets were evidence of a lack of civility in relation to sensitive issues that might make his Jewish students uncomfortable or inhibited. The evidence suggests, on the contrary that Steven Saiaita personally rejected and intensely disapproved of Type I anti-Semitism, although as a Palestinian-American, he was understandably deeply disturbed by Israel’s behavior toward the Palestinian people, and responded emotionally in the midst of the crisis.

 

I do not claim neutrality on these issues. During the past six years, while serving as UN Special Rapporteur for Occupied Palestine on behalf of the Human Rights Council, I have been the continuous target of a sustained defamation campaign spearheaded by a Zionist-oriented NGO, UN Watch, based in Geneva. I was repeatedly accused of anti-Semitism, and my views on other issues were likewise distorted to create an impression of bizarre judgment. I was called a supporter of terrorism, a 9/11 conspiracy theorist, and the like. The Simon Wiesenthal Center in Los Angeles listed me in 2013 as the third most dangerous anti-Semite in the world, ranking just below the Supreme Leader of Iran and the Turkish Prime Minister. Also on their top ten list were such notable authors as Max Blumenthal and Alice Walker. Interestingly, Wiesenthal made no effort to distinguish criticisms of Israel from hatred of Jews by entitling their list “Anti-Semitic, Anti-Israel Slurs,’ mixing the two types of orientation on their list.

 

Because of the atmosphere in North America where demonstrating 100%+ support for Israel has become an indispensable ingredient of political credibility, these defamatory attacks were accepted as valid by several public officials who never bothered to check with me or examine my actual views on such controversial topics. As a result I was attacked by such luminaries as the UN Secretary General, two U.S. ambassadors to the UN (Susan Rice, Samantha Powers), Foreign Minister of Canada, among others, and a favorite target for Fox TV and the Murdock media empire. Additionally, efforts were made to have my lectures cancelled at universities in various places around the world (including McGill and McMaster in Canada, AUB in Beirut, ANU, Melbourne, and Sydney in Australia, Norfolk in the UK, and Princeton, University of Texas, University of Iowa and others in the USA) These universities were warned that unless my campus appearance was cancelled, funding would suffer. On at least one occasion I was informed that a previous offer of a visiting appointment at an overseas university, Kings College London, was reduced from year-to-year to a single year due to my alleged anti-Semitism. Even my wife was defamed by such Zionist zealots who tried to defeat her candidacy in the UN Human Rights Council in 2014 to become Special Rapporteur for the Right to Food. She was accused of writing inflammatory anti-Israeli tracts in collaboration with me, a complete lie as we had never collaborated on this subject-matter, and it was further alleged that she shared my anti-Semitic views, which is a double lie.

 

            This use of anti-Semitism as an ideological weapon, what is being called here Type II anti-Semitism, is having paradoxical effects, including contributing to new outbreaks of Type I anit-Semitism, the real thing. The logic of this development goes like this—if Jews are expected to be supportive of what Israel is doing to the Palestinians to avoid the label of anti-Semitism, then it becomes reasonable to believe that Jews, and not just the government of Israel, are responsible for the crimes being perpetrated against the Palestinian people. If opponents of anti-Semitism are not allowed to be critical of Israel, despite its drastic departures from morality and law, then there is created a deep confusion between the rejection of ethnic hatred and stereotyping that is an unconditional wrong and the repudiation of immoral and unlawful behavior by a government that is subject to challenge as to the facts and its interpretation of law and morality. More pointedly, if Israel invokes the Holocaust to validate its historic claims of victimhood, and then turns around and victimizes another people in an extreme form first by expelling most of them from their homeland and then coercively occupying the land that remains in Palestinian hands and gradually confiscating the territorial remnant, it does seem to implicate the people as well as the state if opposition is silenced or marginalized. To overlook Israel’s crimes against humanity and genocidal conduct or else stand accused of being an anti-Semite compounds the confusion. It is further compounded by Arab and Islamic extremism that insists that Israel’s wrongdoing is a direct result of its claim to be a Jewish state, and not a normal state.

 

In conclusion, I believe it is in the interest of both Jews and Palestinians that Type II anti-Semitism be unmasked as a toxic propaganda tool that should be repudiated by people of good will regardless of their ethnicity and political persuasion. Speaking from experience, it is hurtful personally, and generates anger among all those who insist that criticism of Israel’s treatment of the Palestinian people must be opposed in a vigorous manner. Israel has long devoted major funding and great effort to deflecting blame for its policies and practices by raising the black flag of anti-Semitism to discredit responsible and deserved criticism. As the Palestinian solidarity movement grows across the world, it is obvious that this form of hasbara is failing.

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Ahmet Davutoğlu as Turkish Foreign Minister, and Now Prime Minister

30 Aug

[Prefatory Note: The post below is written as a congratulatory message to Ahmet Davutoğlu. ‎ Prior to his entry into government Davutoğlu built a strong following among intellectuals around the world for his scholarly breadth and depth that involved an unusual command over both social science and the humanities, with a special focus on philosophies of history, and their application to the Turkish past and present realities and future prospects. I publish here also a significantly modified article originally written a week ago at the request of AlJazeera Turka, and heretofore only available in Turkish.]

 

The Ascent of Ahmet Davutoğlu

 

Richard Falk

 

So far most commentary on Ahmet Davutoğlu’s selection as Turkey’s new Prime Minister has been focused on what will be his relationship with the country’s new president, Recip Teyyip Erdoğan. Especially opponents of the Justice and Development Party (AKP) tend to portray Davutoğlu as certain to play second fiddle to Erdoğan who is both fiercely resented and feared, and regarded as a ‘Turkish Putin.’ The fact that Erdoğan seems to have handpicked Davutoğlu to succeed him at party leader and prime minister, and acted deliberately to sideline the popular prior president, Abdullah Gul, adds to the concern about what to expect from a government led by Davutoğlu. I believe that such speculation is profoundly wrong, that Davutoğlu is an admirable person of strong beliefs and an adherent of a political vision that has evolved over the years on the basis of study and experience. In my view Davutoğlu will turn out to be a historically significant Turkish leader by virtue of his thoughtful style of governance and through the assertion of his own priorities and programs. Few countries can claim leadership of the quality provided and record achieved by Erdoğan, Davutoğlu, and Gul over the last twelve years.

 

For Davutoğlu to reach the peak of political power is the latest stage in his remarkable ascent within governing circles in Ankara. Coming to government after a deep immersion in the scholarly life of a university professor is unusual enough, but to rise to such a level of prominence and influence without casting aside his academic demeanor is unprecedented, not only in Turkey but anywhere.

Searching for recent comparisons, I can think only of Henry Kissinger, and he never rose above the level of Secretary of State, although he did serve as architect of American foreign policy during Richard Nixon’s presidency, a period of undoubted global leadership. Unlike Davutoglu, Kissinger treated the moral and legal dimensions of foreign policy as instruments of propaganda rather than as matters of principle. Kissinger as a scholar never achieved the distinction nor the national impact that resulted from Davutoğlu’s Strategic Depth, which incidentally, was planned to be the first of three monumental studies, the other two being devoted to historical depth and cultural depth. One of the costs of entering government has been the deferral of this project, which if completed, is almost certain to be a work of exceptional significance.

 

Starting out in 2003 as Chief Advisor to the Foreign Minister, and later to the Prime Minister, Davutolğu’s role as a highly influential and respected expert was quickly recognized. Long before Davutoğlu became Foreign Minister in 2009, he was widely respected in Turkey as the architect of its energetic and effective foreign policy, which was causing a stir in the region and around the world.

 

Davutoğlu’s contributions were particularly notable in three domains of foreign policy. First, he understood and clearly articulated the importance for Turkey to adapt to the new regional setting created by the end of the Cold War, appreciating that it was now possible and desirable for Turkey to be an independent actor in the Middle East and beyond without awaiting clearance from Washington.

 

Secondly, Davutoğlu from almost the beginning of his role in government became Ankara’s chief emissary in trying to clear the path to Turkish membership in the European Union, working out the important ‘Copenhagen Criteria’ that turned out to be also useful as a roadmap for desired domestic reform. This functioned as an important mandate that was linked to a domestic program of reform, which included protecting human rights and featured the containment of the deep state in Turkey during the early years of AKP leadership when relations with the armed forces were tense, and rumors of an impending coup were in the air. Satisfying the EU requirements gave Erdoğan the justification he needed for impressively strengthening the civilian control of government in Turkey. Because of its private sector interests, the Turkish military turned out to be as eager for EU membership as was the AKP, and even the harsh Kemalist opposition went along with this part of the AKP program.

 

Thirdly, these moves to civilianize the Turkish government removed altogether the earlier role played by the Turkish armed forces as custodian of the republic through the medium of coups against elected political leaders. In retrospect, substantially removing the armed forces from the political life was a great step forward in democratizing Turkey even if this momentous development was not acknowledged in Brussels, and elsewhere in Europe. For quite independently Islamophobic reasons Europe was becoming adamantly opposed to accepting Turkey as a member of the EU, no matter how successful the Turkish government might be in satisfying the standards laid down for accession. It might also be noted that the secular opposition in Turkey also has never credited Erdoğan with this achievement, which might turn out to have be his greatest contribution to Turkey’s political development as a vibrant constitutional democracy. While praising this central achievement it needs to be noted that the overall record of the AKP on human rights is mixed, with particularly regrettable encroachments on political freedoms via the imprisonment of journalists, pro-Kurdish activists, and others.

 

From the outset of his time in government, Davutoğlu was also extremely active in doing everything possible to resolve the Israel/Palestinian/Syrian conflicts, and led a comprehensive Turkish effort to bring peace to the region. Davutoğlu’s attempt to have Hamas treated as a normal and legitimate political player after its 2006 electoral victory in Gaza would have saved much grief in the Middle East had it been accepted in Washington and Tel Aviv. After these conflict-resolving initiatives collapsed, Turkey has almost alone in the region played a principled and constructive role by challenging the Israeli blockade of Gaza and seeking to end the collective punishment and humanitarian ordeal of the Palestinian population. This role was resented in the centers of Western power and even in most Arab capitals, but it has endeared Turkey and its leaders to the peoples of the region and beyond. It also gave expression to Davutoğlu’s insistence that a successful Turkish foreign policy should be as principled as possible while at the same time being creatively opportunistic, promoting national interests and values, and in all possible situations seeking engagement rather than confrontation.

 

More famously, and controversially, Davutoğlu saw the opportunities for Turkish outreach in the Arab world, and beyond. Unlike the failed efforts in the 1990s to incorporate the newly independent Central Asian republics in a Turkish sphere of influence, the AKP effectively approached the expansion of trade, investment, and cultural exchanges throughout the region, an approach given the now notorious doctrinal label by Davutoğlu of ‘zero problems with neighbors’ after he became Foreign Minister in 2009. At first ZPN seemed like a brilliant diplomatic stroke, a dramatic effort to rest Turkey’s ambitions on the dynamics of ‘soft power geopolitics,’ that is, providing benefits, attracting others, and not depending for influence on military prowess or coercive diplomacy. Given what appeared to be the frozen authoritarian political realities in the region, constructive engagement with mutual benefits seemed superior to postures of hostility, tension, and non-involvement that had for so long been characteristic of Turkish foreign policy, and descriptive of the sterile political atmosphere throughout the Middle East.

 

Then in early 2011 came the Arab Spring that surprised everyone, including Turkey. It created excitement and turbulence throughout the region, but also the promise of far greater democratic and more patterns of governance. Davutoğlu as much as any statesman in the world welcomed these Arab anti-authoritarian upheavals as benevolent happenings, pointing especially to the extraordinary events in Tunisia and Egypt in early 2011 that overthrew two long serving authoritarian and corrupt leaders by relying on largely nonviolent mass mobilization. Davutoğlu was especially impressed by Arab youth as a revolutionary force that he believed was well attuned to the changing tides of history.

 

This optimism did not last long. Events in Libya, Syria, Bahrain, and Yemen made it clear that there was not going to take place the smooth and quick transitions that deceptively seemed to be taking place in Egypt and Tunisia. It was soon clear that it would become necessary for Turkey to choose sides as between the authoritarian elites seeking to hold onto or restore their power and the earlier Ankara approach of accommodating the governing authorities of Arab states without passing judgment on how these governments treated their own citizenry.

 

Syria posed the most severe challenge in this respect. The Assad regime in Damascus had earlier been the poster child of ZPN, and now dramatized the non-viability of such a posture as the Damascus regime became responsible for committing one atrocity after another against its own people. Turkey abruptly switched sides, losing trust in Assad, and aligning itself with rebel forces. Both the pro and anti-Assad postures proved controversial in Turkey. The main secular opposition party, CHP, accusing Erdoğan of playing sectarian politics by supporting in Syria an insurgency that was increasingly dominated by Sunni militants associated with a Syrian version of the Muslim Brotherhood.

 

Davutoğlu skillfully and reasonably reformulated his ZPN by saying that when a government shoots its own citizens in large numbers, Turkey will side with the people, not the governmental leadership, which lost its legitimacy through its actions. From now on the doctrine associated with his outlook could be more accurately understood as ‘zero problems with people,’ of ZPP. The same logic guided Turkey in its eventual support of the NATO intervention in Libya as the Qaddafi regime seemed poised to engage in genocidal onslaught against the entrapped population of Benghazi to quell a popular uprising. The mass mobilization against the elected Morsi government in Egypt illustrated another kind of difficulty, leading Turkey to stand out in the region, joined only by Qatar, in its refusal to give its blessings to the military coup that brought General Sisi come to power in July 2013.

 

The touchstone of Davutoğlu’s approach to foreign policy is the effort to blend principle and pragmatism in relation to shifting policy contects, doing what is right ethically while at the same time exploring every opportunity to promote Turkish national interests, including enhancing its international reputation as a responsible and strategic player. This blend of goals was well-illustrated by the seemingly frantic Davutoğlu diplomacy in many settings, including the Balkans, Crimea, Armenia, Myanmar, and Latin America, seeking wherever possible to resolve regional conflicts while lending support to humanitarian goals, and in the process establishing Turkey’s claims to be both a constructive international actor and a valuable partner for trade and investment.

 

The most impressive example of such an approach was undoubtedly the major initiative starting in mid-2011 to help out a crisis-ridden Somalia when the rest of the world abandoned the country as a ‘failed state.’ Erdoğan and his wife, together with Davutoğlu, visited Mogadishu at time when it was viewed as dangerously insecure and then put together a serious financial aid package to highlight the continuing Turkish commitment. From this bold and imaginative gesture of solidarity came a major opening to Africa for Turkey, which produced an immediate rise in Turkish prestige that brought with it major opportunities throughout the continent.

 

In reflecting on the Erdoğan/Davutoğlu approach to foreign policy, this Somalia initiative helps explain, as well, how and why Turkey after an absence of 50 years was elected to term membership for 2009-2010 in the UN Security Council with strong African backing. Turkey is again investing an enormous effort to being elected to the Security Council for a 2015-2016 term. It also explains why Istanbul has become a favorite site for major international meetings, often displacing the earlier tendency to choose Western European cities for such gatherings. Both of these involvements at the global level are expressive of Turkey’s ambition to be a global political actor, as well as a strong state and regional influence.

 

Despite an extraordinary record of achievements, the Davutoğlu foreign policy experience also has its share of blemishes, even taking into account the difficulties that all governments faced in adapting to the abrupt sequence of unexpected changes in the Middle East during the last several years. Perhaps because his plate was so full with an array of diverse undertakings, Davutoğlu didn’t sufficiently focus on the daunting complexities of the aftermath of the Arab Spring, leading him to make on behalf of Turkey several costly miscalculations.

 

Undoubtedly the most serious of these blunders concerned Syria, not the underlying impulses, but the lack of nuance. In my view, Turkey’s mistakes can be understood in two phases: first, the excessive enthusiasm attached to the initial effort to dissolve the tensions that had dominated Turkish-Syrian relations for many years, affirming the Assad regime well beyond what was necessary for the normalization of relations thereby creating unrealistic expectations; and secondly, not only repudiating the government in Damascus that had been so recently befriended, but giving all measure of aid and comfort to an ill-defined insurgency without any seeming appreciation of the internal balance of forces in Syria. Ankara acted as if the Assad regime would soon collapse if pushed even slightly by the uprising. Turkey seemed continuously surprised by the resilience of the Assad regime and by the internal, regional, and international support it was receiving. Turkish policy was wrong for several reasons, and embroiled Turkey in a prolonged civil conflict with no end in sight, as well as damaged its image as a prudent and calming diplomatic influence throughout the region.

 

A similar line of criticism can be applied to Davutoğlu’s overall response to the Arab Spring and its aftermath. While it was consistent with the principled side of the foreign policy approach he was pioneering to welcome the events of 2011 in Tunisia and Egypt as transformative, it was premature to pronounce these developments as irreversible, and to anticipate their continuous deepening and regional spread. It soon became evident that Davutoğlu did not adequately appreciate the political will or capabilities of counter-revolutionary forces in the region, and did not seem to take account of the impact of an anti-democratic preoccupation that pervaded the dynastic politics of the well-endowed monarchies in the region. The role of Saudi Arabia and the UAE, for instance, in using their petroleum wealth and political leverage to promote a military takeover and bloody crackdown of the Muslim Brotherhood in Egypt altered the political balance in several countries, and took an unquestionable precedence over even the sectarian impulses of these political actors in their opposition to Shiite Iran. Shocking in this regard is the tacit strategic compact of these Arab governments with Israel that even went so far as to endorse the 50 day criminal onslaught directed at Hamas in the West Bank and Gaza that commenced on July 8th.

 

More difficult to analyze, but at least somewhat questionable, was the degree to which Turkey, despite trying to pursue its own distinctive brand of diplomacy in this Davutoğlu era also seemed to be going along with some dubious policies of the United States. In this regard, I would mention a limited collaboration with the failed military interventions in Afghanistan, Libya, and of course, Syria. It is also debatable as to whether Turkey should have consented to NATO’s deployment of defensive missile systems on its territory, which Moscow understandably viewed as provocative. What seems called for in the future is greater selectivity in maintaining Turkey’s strong alignments with the United States and NATO.

 

All in all, Ahmet Davutoğlu has had a remarkable run as Foreign Minister, and as Turkey’s new Prime Minister, is almost certain to embellish further his many notable contributions to the success of post-Kemalist Turkey. His thoughtfulness about policymaking combined with his personal integrity and decency combined with the highest levels of professional competence make him a rarity among politicians. I have long been impressed by Davutoğlu’s clear understanding of how Turkey’s effectiveness internationally is an outcome of the confidence generated by domestic success. This requires achieving political stability, economic development, protecting human rights and the environment, as well as creating and the further strengthening of the procedures and substance of an inclusive democracy that is fair and beneficial for all citizens regardless of their ethnic and religious identities. With such leaders committed to this progressive worldview, Turkey can look forward to a bright future. Turkey is poised to play a crucial role as a force for peace and justice in the roiled waters of the Middle East, in surrounding regions and sub-regions, and even in the world.

 

 

 

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Israel as An Outlaw State and U.S. Complicity

26 Aug

[Prefatory Note: The following post, was previously published as a co-authored two-part article by Akbar Ganji and myself  in AlJazeera English on August 20-21, 2014; its basic premise is that the persistent defiance of international law by a sovereign state should carry delegitimizing consequences; the geopolitical grant of impunity to Israel evident throughout the aggressive military operation being carried out against an essentially helpless civilian population in Gaza suggests that neither the UN, nor governments in the region, nor leading governments in the world possess the political will to challenge such a frontal assault upon the authority of international law. We write from two very distinct backgrounds as members of civil society devoted to human rights and the global rule of law, and invite others to join in reflecting upon how civil society can bring law to bear more effectively on the behavior of the Israeli government, and in the process, help empower the people of Palestine in their quest for national self-determination and the fulfillment of their rights under international law so long denied. We try to make this central argument by positing the idea of ‘Outlaw State’ as a descriptive designation that might have some influence in civil society mobilizations of the sort associated with the global solidarity movement backing the Palestinian struggle and supporting such militant nonviolence as animating the BDS Campaign.]

 

 

 

The United State and the Outlaw State of Israel

Richard Falk and Akbar Ganji

Israel has become an outlaw state. In his book, The Law of Peoples, John Rawls defines (pp. 5 and 90) an outlaw state as one that systematically violates the universal principles of human rights, and commits aggression against other nations. Israel is guilty of repeated such violations as well as several massive acts of aggression, making it reasonable and responsible to identify it as an outlaw state. Such a pattern of behavior also contradicts the most basic principles of international law as embodied in the UN Charter pertaining to the use of international force, and obstructs the fundamental promise in the Preamble of the Charter “to save succeeding generations from the scourge of war.

It has become appropriate for the international community and global civil society to act accordingly

Israel’s military aggressions against other countries

Israel was born in 1948. Resolution 181 of the United Nations General Assembly is widely regarded as the most convincing legal basis for founding the State of Israel. We should recall that the Palestinians were awarded 45% of the historic Palestine, while 54% was allocated to Israel, and 1% was set aside as a special zone to be used for the internationalized city of Jerusalem. After the 1948 War with the neighboring Arab nations, Israel’s territorial gains reduced the Palestinian share to only 22%. In the 1967 War Israel proceeded to occupy the Palestinian territorial remnant that had been temporarily administered since 1948 by Jordan and Egypt, and since that time has encroached on Occupied Palestine in several unlawful ways—by establishing and expanding large and numerous Israeli settlements, constructing a network of settlers-only roads, building a separation wall deep in Occupied Palestine declared illegal by a 14-1 majority of the International Court of Justice in 2004, keeping the 1.8 million people of Gaza under siege since mid-2007 in ways that constitute collective punishment, and annexing and enlarging the metropolitan area of Jerusalem. These actions called ‘facts on the ground’ have been accepted as new “realities” by the U.S. Government and by several European governments, making the establishment of a viable Palestinian State virtually impossibility. Present trends in Israel make permanent the denial of fundamental Palestinian rights, above all, the right of self-determination, and accompany this with a unilateral “validation” of Israeli expansionism. Furthermore, Israel has attacked Gaza three times in the last six years (2008-09, 2012, 2014) in a manner that constitutes aggression under international law and the UN Charter and involves numerous violations of the law of war

This denial of Palestinian rights and deviation from the rules of international law and norms of global justice should not be interpreted in isolation from a wider pattern of unacceptable Israeli behavior. In this regard, it is highly relevant to take note of various acts of aggressions committed by Israel against several other sovereign states as well:

Military attacks on Iraq in June 1981 that destroyed Osirak nuclear reactor that was under construction, with the apparent purpose of disrupting an Iraqi program to develop nuclear weapons and to preserve Israel’s undeclared, yet clearly existent, regional monopoly over nuclear weaponry

Invasions of Lebanon in 1978, and 1982, coupled with the Israeli occupation of southern Lebanon until 2000. In September 1982 Israel was charged with complicity in the Sabra and Shatila massacre carried out by Maronite Phalangist militia units in which between 1500 and 3000 Palestinian civilians were murdered in cold blood. The Kahan commission, established by the government of Israel to investigate allegations involving Israeli complicity associated with the 1982 Lebanon War, found that then Defense Minister Ariel Sharon “bears personal responsibility” as the military commander on the scene who facilitated Phalangist entry into the camps and watched the massacres unfold.

Military attack on the PLO Headquarters in Hamman, Tunisia in October 1985, killing 60, which was condemned by the UN Security Council.

Invasion of southern Lebanon in 2006 that resulted in the 33 days warfare directed at Hezbollah, the destruction of residential sections in the southern Beirut associated with the formulation of the ‘Dahiya Doctrine’ rationalizing and justifying Israeli reliance on disproportionate uses of military power.

Attacks on October 2, 2007 on Syria destroyed its nuclear reactor in Deir ez-Zor region.

The attack of May 2010 in international waters on the Turkish passenger ship Mavi Marmara that was part of the Freedom Flotilla bringing humanitarian assistance to the people of Gaza in defiance of the international blockade, killing nine Turkish nonviolent peace activists.

At least three additional military attacks on Syria during 2013 and 2014 that involved bombing of targets to stop weapons from going through the country to reach Hezbollah in Lebanon, targets associated with location of Syrian Army units to lend assistance to the anti-Assad insurgent forces, and in retaliation for causing the death of an Israeli Arab in the Golan Heights.

Repeated military attacks in Sudan in 2009, 2011, and 2012, supposedly to disrupt the supply of weapons to Hamas in Gaza, causing many deaths.

In addition, Israel has occupied Syria’s Golan Heights since 1967, built unlawful settlements, and established a permanent presence. Israel has refused to withdraw from the West Bank and East Jerusalem, as called for by unanimous Security Council Resolution 242.

Add to these infringements on the sovereignty of Arab states the destabilizing fact that Israel secretly and illegitimately acquired and has continued to develop an arsenal of an estimated 300 nuclear warheads, the only state in the Middle East that has a nuclear arsenal, and the only country in the world that refuses to acknowledge its possession of nuclear weapons.

Systematic violations of human rights and the apartheid regime

Israel has always declared that it is the only democratic state in the Middle East. As pointed out by former U.S. President Jimmy Carter in his book, Palestine: Peace not Apartheid, Israel’s occupation regime in the West Bank has systematic discriminatory features of an apartheid regime. Further, the Palestinian minority resident in Israel is subject to as many fifty discriminatory laws that greatly restrict their individual and collective rights.

Recall that the South African regime also had a nominally “democratic” government, but it served only the white minority. The African black majority population was governed by a different set of laws, a cruel and exploitative apartheid regime in which the majority’s human rights were violated systematically. Palestinians in the West Bank have been living without the protection of law or the possession of rights since 1967, being subject to military administration and the oppressive practices of the Palestinian Authority, while the unlawful settler population enjoys the full protection of Israel’s rule of law.

As Gideon Levy, the progressive Israeli journalist writes Israel is “really only a democracy for its Jewish citizens who are quick to fall in line with the mainstream every time Israeli tanks roll across the border,” because even Israeli citizens that are opposed to their country’s aggression are attacked and threatened. A large number of Israelis are relatively recent immigrants, particularly from the former Soviet Union and Easter Europe, who enjoy a far more protected status than the several millions of Palestinians live under an apartheid regime in which they cannot vote in Israeli elections, do not have passports, cannot own property in many parts of Israel, and do not enjoy the social mobility that every human being is entitled to possess. The Palestinian people are also denied the right of self-determination, do not have any prospect of having an independent sovereign state of their own, or to join with the Israelis in the shared existence of a bi-national state in which the two peoples seek to live together on the basis of balanced unity, equality, with distinct spheres of autonomous administration and governance that is organized within the framework of a single sovereign state.

Israel’s war crimes against Palestinians

Not only does UN Security Council 465 speak twice of “Palestinian or Arab territories occupied since 1967,” but also declare and affirm that the Jewish settlements in the Palestinian territories represent a violation of 4th Geneva Convention. Grave violations of this Convention – as for example the defiant refusal to dismantle the settlements as unlawful under Article 49(6), or to dismantle the separation wall as mandated by the International Court of Justice – appear to be war crimes of great severity.

Israel removed its military forces and settlers from the Gaza Strip in its ‘disengagement’ initiative in 2005, but in actuality kept effective control of Gaza, and remained bound by the obligations contained in international humanitarian law as applicable to an Occupying Power. In effect, Israel transformed the conditions of life in Gaza from direct military administration to life imprisonment of the population in the largest open-air jail on earth. Israel retained its total control of Gaza’s entrances and exits, of its airspace and offshore waters, disrupting life within the prison walls by lethal periodic violent incursions Most Palestinian people living in Gaza have effectively been locked in there ever since 1967, and more unconditionally since 2007. At the same time, Israel has periodically launched massive military operations against Gaza, imposed and maintained an illegal blockade, committed frequent acts of cross-border violence, and committed numerous grave war crimes there over a period of many years:

Israel attacked Gaza in 2008-2009, killing 1417 Palestinians, injuring 5303, creating 51,000 internal refugees, destroying 4000 homes, inflicting $2 billion economic damage, and disallowing the delivery of materials needed for reconstruction efforts.

Israel’s attacks on Gaza in 2012 killed 105 and injured 971, provoked by the Israeli targeted assassination of the Hamas military leader, Ahmed Jabari, as he was delivering a signed truce document.

Israel’s 2014 aggression against Gaza launched on July 8 has so far killed 2130 Palestinians , injured nearly 11,000, with 75-80% of the casualties being civilians. This massive Israeli military operation has caused more than 660,000 Gazans to be internally displaced, highlighting the denial of any right of Palestinians to leave the combat area throughout the military onslaught that has terrorized the entire population of Gaza. 577 Palestinian children are estimated to have been killed and as many as 3300 injured. In contrast, Israel’s losses in this attack have led to 68 Israeli deaths, of whom 65 were soldiers. The casualty disparity and the ration of both sides as between military and civilian deaths are both very significant indicators of relative moral responsibility of the carnage caused.

Israel has carried out 59,000 attacks on Gaza, dropping 15,000 tons of explosives on Gaza, which amounts to about 30% of the explosive power of the atomic bomb dropped on Hiroshima.

The United States as Israel’s servant

The United States has supported Israel without reservations since its founding in 1948. According to an agreement between the two countries, that has become a law in the U.S., The United States has committed itself to preserve Israel’s strategic and military superiority in relation to other countries in the Middle East. From 1949-2014 the U.S. has provided Israel with nearly $122 billion in aid, calculated by reference to fixed dollars. Counting the aid to Israel in 2003 dollars, from 1949 – 2003 the U.S. has provided Israel with $140 billion worth of military assistance, which has been increasing since 2003. The basic annual commitment to Israel is $3.1 billion, which is far more than military aid that has been given to any other country in the world, and this figure is an understatement, hiding a variety of supplemental appropriations and other benefits accorded uniquely to Israel. In effect, the United States has been subsidizing Israel’s aggressions, and ignoring American military assistance legislation that seeks to withhold such aid to countries that are not acting defensively and in accordance with international law.

 

The Obama administration has even increased the aid to Israel through its reliance on various special appropriations. Most recently Congress appropriated an additional $225 million for further development of the Iron Dome defensive weapons system.

The U.S. Senate has even approved a resolution according to which if Israel attacks Iran’s nuclear sites in the future defying international law, the U.S. is obligated to help Israel. It reads in part, “If the Government of Israel is compelled to take military action in legitimate self-defense against Iran’s nuclear weapons program, the United States Government should stand with Israel and provide, in accordance with United States law and the constitutional responsibility of Congress to authorize the use of military force, diplomatic, military, and economic support to the Government of Israel in its defense of its territory, people, and existence.” Of course, the language as written of ‘legitimate self-defense’ is understood to mean any action taken by Israel that is alleged to be ‘defensive,’ whether or not in conformity to international law, which limits such claims to situations of response to prior armed attacks. (See Article 51, UN Charter).

Among the many UNSC resolutions that seek to criticize or condemn Israel for its actions against the Palestinians, almost all have been vetoed by the United States. In fact, the U.S. government opposes virtually every resolution approved by any UN organ, including UN Human Rights Council (UNHRC), if it is deemed to be critical of Israel, and this includes even initiatives to establish fact-finding commissions of inquiry to determine whether charges of war crimes are well-founded. When Israel attacks the defenseless and completely vulnerable Palestinian people, the U.S. justifies such high-intensity and disproportionate violence as ”self-defense,” obstructs the issuance of a UN call for an immediate ceasefire, and gives diplomatic and material aid and comfort to Israeli aggression from start to finish.

After a fact-finding report on Israel war crimes in Gaza in 2008-2009 was approved by UNHRC, the U.S. and Israel successfully intervened with the Secretary General to prompt him to urge the non-implementation of the report in relation to Israeli accountability for war crimes. The US Government also used its leverage to prevent even the discussion of this important report, generally known as ‘the Goldstone Report,’ in the UNSC. When recently, the UN HRC approved a resolution to investigate Israel’s possible was crimes in Gaza, the U.S. cast the only negative vote.

Amnesty International has reported that the evidence of systematic attacks by Israel’s military forces on schools and hospitals in Gaza during the current warfare is overwhelming. It includes targeting those civilians seeking to escape the worst ravages of the Israeli attack by seeking shelter in United Nations schools and other buildings marked with the UN logo.

Human Rights Watch has reported on evidence of intentional shooting of Palestinians who were fleeing their homes, even after they had been ordered to do so by Israel’s military, and has declared such behavior to be a war crime.

We can only comprehend this partisan pattern of U.S. policy toward Israel by taking account of the leverage exerted on the government by the formidable lobby working on behalf of Israel known as AIPAC. Former President Jimmy Carter and the former President of Ireland and prior head of the UN HRC Mary Robinson have condemned this one-sidedness of American policy toward Israel and Hamas, insisting that as a first step Israel immediately ends without conditions the blockade of Gaza, allowing the long suffering people of Gaza to have finally some semblance of a normal life.

Consequences

The U.S. policy toward Israel has had dire consequences:

It has completely discredited the claim of United States to act as an impartial arbitrator between Israel and the Palestinians.

Hatred and resentment toward the United States has been increasing throughout the region, not only because of the blind support of Israel by the U.S., but also due to the military onslaughts directed against Iraq, Libya, and Afghanistan, and by drone attacks in Pakistan, Yemen, Somalia, and elsewhere.

According to a poll right before the current war, 85% of Egyptians and Jordanian, 73% of the Turks, and 66% of the Palestinians view the U.S. unfavorably, while 84% of Israelis have a positive view of the U.S.

What Israel has done in the region with the support of the U.S. has contributed greatly to the growth of extremism and discord throughout the Middle East. If such policies are not reversed even more chaos, extremist violence, bloodshed, and devastation are likely to emerge in the future.

The Middle East and North Africa have been unstable for decades, and the consequences of the intensifying instability are spreading to other regions and endangering world peace.

These policies of unconditional support for Israel have long been against the national interests of the United States. The Israel-Palestinian conflict is the mother of all problems in the Middle East. Israel has undermined all efforts to find a peaceful solution by way of diplomacy. It has rejected both the Arab Initiative of 2002 and ‘the roadmap proposed by the Quartet – the U.S., Russia, the European Union, and the UN – which require that Israel to withdraw to its pre-war green line borders of 1967 with the expectation that a sovereign and independent Palestinian state would emerge. This view of what is required of Israel as a precondition for peace have been consistently endorsed by the United Nations and enjoy wide support of world public opinion, already set forth in Security Council Resolution 242 that has been frequently reaffirmed since its unanimous adoption in 1967. It should be understood that ending the occupation of Palestinian territories is not by itself sufficient to achieve a sustainable peace. Of paramount relevance is also some arrangement that acknowledges the rights of several million Palestinian refugees who were forcibly expelled over the course of many years from Israel, most dramatically in 1948, as part of the catastrophe of national dispossession known to Palestinians as the nakba.

There are also serious questions at this time as to whether the two-state solution is any longer a viable and desirable goal, if it ever was. The question of Palestinian self-determination as the proper foundation for a sustained just peace is more open to debate and reflection in 2014 than ever before. Israel’s expansionism has put the international two-state consensus under a dark storm cloud, and the international community, along with representatives of the Palestinian people must now consider new ways to achieve a just peace for both peoples, which cannot be realized without upholding Palestinian rights.

We believe that a crucial step in this direction is the widespread acknowledgement by civil society, by governmments, and by the UN that Israel has become an outlaw state, and that appropriate adjustments to this reality must be made.

 

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Three Questions for Hamas

24 Aug

 

 

There is no doubt that Hamas has exhibited extraordinary resilience under the most difficult of conditions that have bedeviled its period of political leadership in the Gaza Strip that started in 2007. It also seems clear as persuasively argued by Sandy Tolan in a valuable Common Dreams article [Tolan, “Blown Chances in Gaza: Israel & U.S. Miss Many Chances to Avoid War, Aug. 13, 2014] that Hamas pursued multiple initiatives starting in 2006 designed to achieve calm and quiet in its relations with Israel, and that these initiatives, including back channel reassurance about peaceful intentions, were rebuffed without even being acknowledged by either Israel or the United States. It also seems the case that Israel acted to provoke the three most sustained military onslaughts directed at Gaza since 2008, and in each has relied on disproportionate force, inflicted numerous civilian casualties, and acted in a manner defiant of international humanitarian law. For these reasons Israel deserves to be treated as an ‘outlaw state’ for reasons set forth by Akbar Ganji and I argued in a two-part article appearing in the online pages of AlJazeera English [“The Outlaw State of Israel,” Aug. 20,21, 2014].

 

And yet Hamas also has some explaining to do if it wishes to be more widely accepted throughout the world as entitled to full respect as a legitimate political actor. This respect is crucial in the ongoing politics of enabling Hamas to play a major role in representing the national movement of the Palestinian people in all diplomatic settings. The announcement of a unity government between Fatah and Hamas was an important legitimating step in this direction. The following hard questions deserve convincing responses from those advocating the further legitimation of Hamas:

 

  • Why provide Israel with an argument for its massive military assaults by firing thousands of rockets that do minimal damage and give Israel a credible argument for recourse to defensive force applied disproportionately and causing intolerable levels of suffering for the people of Gaza? Are there not alternatives and better ways to sustain the spirit and substance of Palestinian resistance?

 

  • Is it not overdue to modify the language, tone, and substance of the Hamas Charter or Covenant of 1988 so as to reconcile such a foundational document with the more moderate diplomatic postures articulated by Hamas leaders in recent years? Why leave this gap that Israel can exploit to justify its refusal to deal with Hamas or respond to its frequently articulated political proposal of long-term peaceful co-existence? Either Hamas stands by this exterminist language or it must supersede it by a new formulation of goals and vision.

 

 

  • Can Hamas expect to be viewed favorably by public opinion and in diplomatic circles when it engages in grisly forms of revolutionary justice when dealing with Palestinians suspected of collaborating with Israel? As many as 21 Palestinians were reported to have been hung in prominent public places in Gaza on August 22nd on charges of collaborating with the enemy. Similar issues of summary execution arose in the context of the earlier Israeli aggressions in 2008-09 and 2012, and such behavior was then widely condemned by Palestinian human rights groups and many others in Gaza. Admittedly, the problems posed by collaborators is a great security threat given the realities of the blockade and vulnerability of Gaza, but Hamas jeopardizes its reputation and claim to be a legitimate political actor by so behaving, and to some extent nullifies the strong effort of its leaders in recent years to project a moderate ethically responsible image by word and deed. Putting the question differently, ‘why is it necessary?’ Many of us are aware that Israel uses all manner of ‘dirty tricks’ to induce collaboration when it recruits informers in Gaza, which should be the basis of empathy on the part of Hamas for compromised individuals or at the very least cause the wheels of justice to await the outcome of an evidence-based trial before imposing death sentences, and then not doing so in such dehumanizing and degrading manner?

 

I do not raise here the accusations associated with charges and counter-charges relating to the use of ‘human shields’ in the course of the fighting. The evidence is cloudy as to such behavior, and as to whether it occurrence reflects policy, or is a deviation therefrom. There are difficult issues of applying international criminal law in circumstances of asymmetric urban warfare, and an overall caveat about striking a self-righteous position with respect to the tactics used by either side is that military expediency has consistently prevailed over the constraints of law and morality throughout the history of warfare. A reading of Kurt Vonnegut’s Slaughterhouse-Five (1969) or a consideration of strategic bombing of German and Japanese cities during World War II, including the use of atomic bombs to incinerate Hiroshima and Nagasaki despite their irrelevance to the outcome of the war and the horrendous impact on the large civilian populations.

 

In the last several years I have received much criticism, and worse, for urging the adoption of a positive attitude toward the Hamas effort to be treated as a political actor with legitimate grievances, and by observing that the behavior of Hamas in relation to Israel has been of a generally defensive nature in the face of constant harassment, unacceptable abuse, and an extreme campaign of delegitimation, even criminalization. It remains my judgment on the basis of evidence available to me that Hamas has sought a quiet border with Israel, and that Israel has been principally responsible for the violence, and beyond this, for virtually all of the death and destruction on the Gaza side of the border that has occurred in this period. It is also encouraging to take note of Hamas agreement to seek recourse to the International Criminal Court in pressing Palestinian grievances against Israel even though if an investigation of allegations goes forward it will include looking into contested aspects of Hamas’ behavior from the perspective of international criminal law.

 

The efforts of the international community and the UN to impose solutions, up through the failed Kerry initiative that collapsed last April, have not contributed to peace and justice either between Israel and Palestine, or in the wider region. Whether wittingly or not, the international diplomacy of the West has produced dispossession, violence, and seemingly irreconcilable conflict with disastrous and tragic consequences for the indigenous population of Palestine ever since the end of World War I.

 

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Restoring Civil Discourse Relating to Palestine-Israel

22 Aug

To Blog visitors:

 

During the grim events of the past few weeks taking place in Gaza, and more generally in Israel/Palestine, I have not blocked comments even if they crossed the lines of personal insult and group vitriol that I feel justified in excluding from the discourse.

 

I have been particularly disturbed by the frequent long comments written by strong proponents of Israel’s behavior who constantly refer to me and otherswith such inflammatory and defamatory language as ‘Jew haters’ and the like.

Also expressions of ethnic hatred, or personal challenges that are written as it to demand me to denounce the behavior of Hamas are not acceptable, and will be blocked, although during travels I may not be a very efficient monitor. To point only to the alleged crimes of a political leadership that is bearing the brunt of a sustained attacks killing, and wounding thousands of innocent Gazans and terrorizing the rest is also not acceptable on this blog site. Go elsewhere if you wish to spew such incitement and hatred.

 

I hope most readers of the blog comments section are aware that I take these steps reluctantly as I think the subject-matter that elicits these comments deserves sensitive and diverse expressions of viewpoints, and I have strong bias toward free expression. I also appreciate that feelings and emotional commentary are an indispensable dimension of communication, and should not be excluded even from political discourse. At the same time, minimum standards of civility are needed to frame comments in a constructive spirit of dialogue, and thereby  avoid tendencies to hurl hurtful insults back and forth.

 

Perhaps, this recurring difficulty of maintaining civility is a symptom of an  irreconcilable conflict. I do not encounter anything comparable when addressing other issues.

 

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The Hidden Costs of War Crimes to the Criminal

20 Aug

[Prefatory Note: I am republishing on this blog site a letter and some documentation written by Fred Branfman, a friend and political comrade of more than 40 years. We met first in our shared opposition to the Vietnam War, and engaged in acts of civil disobedience in Washington to express our solidarity with younger Americans who were facing prison for their opposition or death and injury as conscripted soldiers, and our sense of identification with the millions of Vietnamese who were enduring the ravages of high technology war, many without ever having left their villages, much less their country. As he writes, Fred was moved and shocked by the so-called secret war being carried on in Laos by the United States through extensive covert operations, without even the slightest effort to show respect for the US Constitution’s requirements relating to war, and in cruel defiance of international law.  Fred is also very conscious and sensitive about the complexities of his middle class Jewish background, and how it bears on his outlook on Israel-Palestine relations. Throughout his life he has exhibited a primary identity that is preoccupied with what it means to be ‘human,’ taking his cues from religion, ethics, and empathetic experiences. As such, his reflections on the meaning of the events in Gaza in relation to our assessments of Israel’s behavior, whether as Jews or as human beings is relevant for all of us. Fred’s central point about the moral victimization of the perpetrator of crimes as well as the abuse of those being targeted is crucial.]

 

 

 

Dear Friends,

I hope you will consider sending this just-published piece (original version below) to supporters of Israel’s actions in Gaza you know. Most U.S. supporters of Israel that I know are decent people who reflexively support Israel without confronting the actual facts of the atrocities it is committing. But in so doing they must understand that what is at stake is not only Israel’s humanity but their own.

The most painful memories of my life have been triggered by the recent Israeli bombing and shelling of civilian targets in Gaza: the many months I spent interviewing Lao ricefarmers about their 5 years under U.S. bombing – the most significant unknown event of the 20th century. The World Can’t Wait website has just published “Laos: Birthplace of Modern U.S. Executive War and a New ‘Ahuman’ Age” – its lessons apply not only to Laos but to Israel, Gaza, Syria and the many other cases where civilians become the main victims of automated murder.

It is critical to human civilization itself that we make the issue of civilian murder in Gaza personal, by (1) having the personal integrity to look at the facts of, not rationalizations for, Israel-caused civilian destruction in Gaza (please see “The Civilian Impact of Israel’s 2014 Attack on Gaza” below); and (2) to acknowledge that what is at stake here is not only Israel’s humanity but our own. Those who are indifferent to the murder of civilians in Gaza today are also indifferent to the destruction of our own children and grandchildren through climate change tomorrow.

In retrospect it seems like an accident of fate that I so directly encountered the U.S. mass murder of the gentlest, kindest people on earth in Laos. But I regard it now as both the most agonizing and precious experience of my life. For imagining what it means to be on the ground “looking up” at the bombers, rather than “looking down” as we inevitably do in the West, adds a crucial dimension to human existence – and one which may well determine the fate of our species as we confront the growing horrors of the 21st century. ­ Fred

TO ISRAEL’S U.S. SUPPORTERS: PORTABLE GAS CHAMBERS, CHEMICAL WARFARE, BLINDINGS, MASS BOMBING AND SHELLING OF CIVILIANS – WHERE DO YOU DRAW THE LINE?

Note: This message is addressed to U.S. supporters of Israel both because only U.S. pressure can bring about the political settlement which alone can save Israel and Palestine, and because it appears that most Israelis – consumed by fear, hatred and the dehumanization of even Palestinian children – are presently impervious to either reason or human decency.

Dear U.S. Supporters of Israel in Gaza,

If you believed that the IDF could destroy Hamas by employing portable gas chambers or chemical weapons to publicly gas over 1,400 Gazan civilians, including 400 children, chosen at random – or deliberately blinding them – would you favor doing so? I guess not, perhaps you even feel insulted at the suggestion that you might.

But this raises a basic question: if you would not favor gassing Palestinan civilians, how do you justify your support for blowing them to bits? The controversial issue is not Israel trying to destroy Hamas tunnels. Nor is it the attempt to destroy rockets, as if the Israelis can claim that they reasonably suspected the 46-48,000 U.N.-estimated buildings they either partially or totally destroyed of containing rockets. Nor is it rightfully condemning Hamas for rocketing civilian targets as well. As even long-term apologists for Israeli violence like the New Republic’s Leon Wieseltier acknowledge, the issue is massive Israeli bombing and shelling of he civilian infrastructure in Gaza, which is wholly disproportionate to combatting tunnels and/or rockets.

It is the actual massive bombing and shelling of Gaza’s civilian infrastructure that raises the basic question: as a human being, where do you draw the line? How do you justify to yourself your support for mass misery inflicted on hundreds of thousands of innocent civilians through a bombing and shelling campaign that – whatever its stated intent – not only murdered 1400 civilians and maimed thousands more, but destroyed hospitals, schools, businesses, and Gaza’s only power station plunging all 1.8 million Gazans into darkness and depriving them even of drinking water, created over 400,000 refugees, and traumatized a U.N.-estimated 373,000 children? (Please see “The Civilian Impact of Israel’s 2014 Attack on Gaza” below. You own integrity requires that you at least acknowledge the facts rather than, as do so many of Israel’s supporters, accept at face-value Israeli claims that it sought to avoid civilian destruction.)

I answered such questions for myself 45 years ago, when I discovered that civilians were well over 90% of the victims of U.S. leaders’ mass bombing of northern Laos. I concluded then that there is never any moral or legal justification for mass bombing or shelling of civilians. Period. Full Stop.

The “World Can’t Wait” website has just posted a PowerPoint presentation on the years-long bombing of northern Laos, perhaps the worst unknown crime of the 20th century. It combines an analysis of automated war, the writings of the rice-farmers who suffered most and were heard from least, and my personal story in discovering and trying to expose it to the world. A Lao mother summed up the nature of mass bombing of civilians for all time: “There was danger as the sound of airplanes led me to be terribly, terribly afraid of dying. When looking at the faces of my children who were losing the so very precious happiness of childhood I would grow in­creasingly miserable. In reality, whatever happens, it is the innocent who suffer.”

The question of protecting civilians in wartime far transcends the Israeli-Palestinian conflict: it is a basic measurement of the progress of human civilization itself. What is at stake in your support for Israel’s recent attacks on Gaza is not only Israel’s humanity but your own.

There are two basic questions regarding warfare: (1) whether a given war is considered legitimate, e.g. whether it is “aggressive war”; and (2) how civilians are treated once a war is launched. These are two distinct questions – even if you consider a given war legitimate there is no moral or legal justification for waging it in a way that mainly murders and maims civilians.

The evolution of international law on this question, beginning with the 1907 Hague Convention, has been slow and painful. But it is today unequivocal: waging war in a way that results primarily in civilian deaths and damage is a punishable war crime. Article 85 of the 1949 Geneva Conventions states categorically that “the following acts shall be regarded as grave breaches of this Protocol … launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects” – a precise description of Israeli bombing and shelling in Gaza.

Israel claims that it is justified in maiming and murdering civilians because Hamas is using them as “human shields”. But it must be understood: there is always a military and political rationale for bombing civilians. In Laos, Deputy CIA Director James Lilley explained that though North Vietnamese soldiers were not in the villages they would hide there if the U.S. didn’t bomb civilians. Prime Minister Nethanyahu today offers a similar rationale for mass civilian murder.

Other rationales include hoping that mass murder of civilians will turn the population against their leaders, as when former Israeli General Amos Yadlin stated in the N.Y. Times that Israel must bomb partly so that “Gaza’s people (are) given the chance to elect new leaders”. And, as the U.S. Senate Refugee Subcommittee concluded after visiting Laos, the bombing’s purpose was to hurt the enemy by destroying its “social and economic infrastructure.” This was also General Curtis Lemay’s basic rationale for burning alive over 100,000 Japanese civilians in the firebombing of Tokyo on March 9, 1945, an act for which Lemay acknowledged at the time, and his assistant Robert McNamara later
also admitted, was a war crime – for which they should have been executed. (PIease see Note 1 below.)

And it is precisely because there is always a rationale for bombing civilians that the progress of human civilization is largely measured by the extent to which civilians are protected in times of war from indiscriminate bombing and shelling, and that those who violate these rules are prosecuted for crimes of war. Protecting civilians against indiscriminate murder, in short, is not only a question of war. It is a measure of your own humanity.

The Civilian Impact of Israel’s 2014 Attack on Gaza

n CIVILIAN DEAD AND WOUNDED: A U.N.-estimated 1396 Palestinian civilians killed including 222 women and 418 children, thousands more wounded. (Source: Information Management Unit in the United Nations Office for the Coordination of Humanitarian Affairs in the Occupied Palestinian Territories, from “Month-long War in Gaza Has Left a Humanitarian and Environmental Crisis”, Washington Post. August 6, 2014)

n CHILDREN: “Pernille Ironside, who runs the UNICEF field office in Gaza, said the agency estimates that roughly 373,000 Palestinian children have had some kind of direct traumatic experience as a result of the attack and will require immediate psycho-social support … (She) added that she’s seen ‘children coming out of these shelters with scabies, lice, all kinds of communicable diseases.’” (Source: “Amid Gaza’s Ruins, Impact on Children Most ‘Severe’: UN Official”, Common Dreams, August 6, 2014)

n ECONOMIC INFRASTRUCTURE: “175 of Gaza’s most successful industrial plants had also taken devastating hits, plunging an already despairing economy into a deeper abyss” (Source: “Conflict Leaves Industry in Ashes and Gaza Reeling From Economic Toll”, NY Times, August 6, 2014)

n MOSQUES, FARMING, INDUSTRY: “As many as 80 mosques have been damaged or destroyed. Many farming areas and industrial zones, filled with the small manufacturing plants and factories that anchored Gaza’s economy, are now wastelands.” (Source: “Month-long War in Gaza Has Left a Humanitarian and Environmental Crisis”, Washington Post. August 6, 2014)

n THE WATER INFRASTRUCTURE: Oxfam said: “We’re working in an environment with a completely destroyed water infrastructure that prevents people in Gaza from cooking, flushing toilets or washing [their] hands.”(Source: “Gaza’s Survivors Now Face A Battle For Water, Shelter And Power”, The Independent, August 5, 2014)

n 400,000 REFUGEES, 46-48,000 HOMES: “Frode Mauring, the UN Development Programme’s special representative said that with 16-18,000 homes totally destroyed and another 30,000 partially damaged, and 400,000 internally displaced people, ‘the current situation for Gaza is devastating’.” (Source: “Gaza’s Survivors Now Face A Battle For Water, Shelter And Power”, The Independent, August 5, 2014)

n ELECTRICITY: “Mr Mauring said that the bombing of Gaza’s only power station and the collapse at least six of the 10 power lines from Israel, had ‘huge development and humanitarian consequences’ (Source: “Gaza’s Survivors Now Face A Battle For Water, Shelter And Power”, The Independent, August 5, 2014)

n SCHOOLS, REFUGEE CENTERS: “United Nations officials accused Israel of violating international law after artillery shells slammed into a school overflowing with evacuees Wednesday … The building was the sixth U.N. school in the Gaza Strip to be rocked by explosions during the conflict. (Source: “U.N. Says Israel Violated International Law, After Shells Hit School In Gaza”, Washington Post, July 30, 2014)

n HOSPITALS: “Israeli forces fired a tank shell at a hospital in Gaza on Monday … It was the third hospital Israel’s military has struck since launching a ground offensive in Gaza last week.” (Source: “Another Gaza Hospital Hit by Israeli Strike”, NBC News, July 21, 2014)

n HOSPITALS, HEALTH WORKERS: “There has been mounting evidence that the Israel Defense Forces launched apparently deliberate attacks against hospitals and health professionals in Gaza … Philip Luther, Middle East and North Africa Director at Amnesty International (said) ‘the Israeli army has targeted health facilities or professionals. Such attacks are absolutely prohibited by international law and would amount to war crimes.’” (Source: “Mounting Evidence Of Deliberate Attacks On Gaza Health Workers By Israeli Army”, Amnesty International, August 7, 2014)

NOTES

1- Robert McNamara, from the Errol Morris film Fog of War:
“LeMay said, ‘If we’d lost the war, we’d all have been prosecuted as war criminals.’ And I think he’s right. He, and I’d say I, were behaving as war criminals. LeMay recognized that what he was doing would be thought immoral if his side had lost. But what makes it immoral if you lose and not immoral if you win?”

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Gaza Interview

20 Aug

(Prefatory Note: I have had several requests to post an interview published in CounterPunch on the Gaza crisis; it covers a wide range of issues, but is not up to date in relation to a rapidly changing situation in which adversaries are engaged in a misleading blame game while the bodies and rubble continue to pile up on the Gaza side of the border)

 

An Interview with Richard Falk on the Crisis in Gaza

by KEN KLIPPENSTEIN

 

Richard Falk is an American professor Emeritus of International Law at Princeton University. He just completed a six-year term as United Nations Special Rapporteur on Palestinian human rights. He was appointed to this role by the UN Human Rights Council, in 2008.

Ken Klippenstein: Could you describe Sisi’s [Egypt’s new leader] relationship with Hamas?

Richard Falk: The [Sisi] government is determined to destroy the Muslim Brotherhood and they view Hamas as an extension of the Brotherhood. So they’re, in a certain way, on the same side as Israel on this particular confrontation.

KK: Has the aerial bombardment campaign adopted by Israel done anything to decrease the rocket fire coming from Gaza?

RF: There’s no evidence that it has. It certainly has caused some damage and some deaths to those involved in either making or deploying and firing the rockets. But there’s no discernable effect in stopping Hamas’ and other militias’—it’s not only Hamas, there are other militias, some of which Hamas doesn’t control—that have engaged in this kind of rocket fire. The only alternative to using these rockets for defenseless people like those living in Gaza is to absolutely do nothing—to be completely passive. They have no military capability to resist Israel on the ground or in the air or from the sea. So it’s a very one-sided war; and one-sided wars are, in my view, by their very nature unlawful and constitute crimes against humanity.

KK: Since Palestine lacks statehood, does that deny them recourse to the protections afforded by international law?

RF: The UN General Assembly on Nov. 29, 2012 passed a resolution recognizing the statehood of Palestine as a non-member observer state of the UN. That has been interpreted as giving Palestine the status of being a state in international society for most purposes. They have joined UNESCO, for instance, as a member state, and they’ve adhered to more than 15 international treaties open only to states. They’re recognized by, I think, 130 governments as a state. They could at this point seek redress at the International Criminal Court, a step that Israel and the United States have declared would be very provocative from their point of view and would lead to adverse consequences.

In effect, the United States and Israel are saying it’s not acceptable to use international criminal law to uphold your legal rights.

KK: What is the US role in the aerial bombardment campaign?

RF: The US is definitely complicit and legally accountable, at least in theory, in that this weaponry is not supposed to be used except in accordance with international law; and if the whole undertaking is a violation of international law, then the United States is responsible, and should diplomatically have been seeking to restrain and censure Israel, rather than to lend its support.

Beyond that, there is the sense that Congress itself—again at least theoretically—restricts military assistance to foreign countries in a way that is supposed to be compatible with international law and the UN Charter. So by the guidelines that are embedded in American law itself, this is an unlawful and unacceptable policy that the US government has been pursuing.

KK: Could you talk about the legality of the siege of Gaza?

RF: The siege of Gaza is clearly a form of collective punishment that is prohibited by Article 33 of the 4th Geneva Convention, which unconditionally prohibits any recourse to collective punishment. A blockade that has been maintained since the middle of 2007 is directed at the entire civilian population of Gaza. It includes many items that are needed for health, subsistence, and minimum requirements of a decent life. So in my view, Israel—as the occupying power (under international law) of Gaza—is supposed to protect the civilian population, rather than subject it to a punitive blockade of the sort that’s been in existence these past 7 years.

KK: Israel sometimes phones warnings ahead of time before bombing buildings. Do you believe that this constitutes a serious effort to minimize civilian deaths?

RF: One would have to look carefully at each context. My impression is that Gaza is a place where there’s no real opportunity to escape from impending attacks. There may have been some lives saved as a result of these warnings. My impression is they’re not given consistently and comprehensively; and furthermore, that in the wider context of Gaza, there’s no opportunity for people to become refugees or to even move from points of danger to points of relative safety. It’s unusual in a wartime situation where almost always there is an option of crossing borders during a period of combat and finding some sort of sanctuary. Israel again, as the occupying power, has an obligation to see to it that the civilian population [of Gaza] is protected. They deny any kind of exit right to Palestinians living in Gaza, except those holding foreign passports (there are about 800 Palestinians with dual passports who have been allowed to cross the border into Israel). 150 of those have American citizenship and the US consulate has been facilitating their departure if those people want to.

But in general, for the 1,700,000 Gazans, they are denied the option of becoming refugees or even of becoming internally displaced persons. And therefore they cannot escape from the fire zone that Israel has created. And even if they’re not direct casualties being killed or injured, they are living under the cloud of state terrorism maintained day and night over this period, in a way that psychiatrists and psychologists and mental health experts say is inducing mass trauma on the part of the Palestinian people, particularly among the children.

Even before this attack there exists a highly anxious atmosphere because there are Israeli planes flying over all the time; and it’s never clear when they will do something that is hostile. People of Gaza, as I’ve been saying, are completely vulnerable. They have no way of fighting back. They are at the mercy of the Israelis. And the Israelis show very little mercy.

KK: What is Israel’s legal rationale for denying Gazans the displaced persons status that you mentioned before?

RF: As far as I know, they haven’t articulated any justification for this policy. They just close the borders and the international community has by and large been scandalously silent; and has remained so up to this time.

KK: What is the US role in blocking a UN resolution condemning Israeli violence in Gaza?

RF: As I understand it, the US did indicate its readiness to veto any resolution that blamed Israel, and there was support for such a resolution on the part of the majority of the members of the Security Council. What the UN ended up doing was issuing a statement that called for a ceasefire but it is a statement that has no binding legal effect and did not in any way censure Israel for its role.

KK: Do you believe the Security Council should be reformed in any way, given the US’ propensity for vetoing otherwise unanimous Security Council resolutions?

RF: I think it would be a helpful move from the perspective of global justice and the implementation of international law; but as matters now stand, it’s a very impractical step because no amendment to the UN charter can be made without the consensus of the 5 permanent members of the Security Council, each of whom has a veto. The United States and probably Russia and maybe China would veto any effort to deprive them of their veto rights. So it’s more or less gridlocked with respect to reform.

KK: Would you support a call for an arms embargo on Israel?

RF: Yes I would. I think it would be an appropriate move at this point. Israel has consistently defied international law in many different ways. It shows no sign of respecting the wishes of the international community, at this time, for an immediate ceasefire. So I think that the only way the world can show that it’s at all serious about protecting vulnerable peoples—in this case the Palestinians—would be to impose an arms embargo.

Of course Israel has a very robust arms industry itself. It’s one of the ten leading exporters of arms. And it’s of course inconceivable that, at this stage, the US and several of the West European countries would respect such an embargo. Nevertheless, it would be an important symbolic step in the direction of delegitimizing the kind of behavior that Israel has been engaged in.

KK: In the case of Israeli kidnappings and murder of Palestinians in Palestinian territory, can the perpetrators be brought before a Palestinian court or must Palestinians simply accept an Israeli court? 

RF: At this point they would have to accept the formal authority of the Israeli courts because the crime was committed in an area under Israeli legal administration. And the accused are in the possession of the Israelis and therefore they have the authority under international law to prosecute.

If there’s not a serious assessment of the crime, it could be questioned as an evasion of the obligation to prosecute; and if found guilty, punish those that engage in this kind of behavior. Remembering that, as far as we know, this was purely private criminal activity. It was not something that the government can be shown to have authorized—although the background of incitement after the kidnapping of the 3 Israeli teenagers on Jun 12th is part of the broader context in which this crime occurred.

KK: Are allegations of Hamas using human shields credible?

RF: There hasn’t been, as far as I know, serious evidence that this has taken place. In fact there is evidence that the Israelis used Palestinians as human shields when they mounted the ground offensive back in 2008-2009. And even if the Palestinians did do this, it would still not vindicate Israelis shooting directly at civilians, unless there was some kind of argument of absolute military necessity, which is pretty remote from this situation.

KK: Do you believe that Israel has been committing war crimes in Gaza?

RF: Yeah. I think certainly there’s the basis for alleging war crimes. It requires a formal legal judgment to reach the conclusion that there have been war crimes committed. There is a presumption of innocence until proven guilty—that’s important to maintain. But certainly the evidence that I’m aware of suggests the commission of serious crimes against humanity and war crimes in the course of this operation.

KK: Could you discuss the background of the crisis? Western media’s accounts usually begin with the kidnapping and murder of the three Israeli boys, omitting important contexts: the siege of Gaza, for instance.

RF: The timeline for these justifications that are made by Israel is very self-serving and not very convincing. Of course, you have a complex pattern of interaction. On the other hand, Israel is the occupying power, and has the international responsibility to protect the civilian population [of Gaza]. And in the case of the kidnapping on Jun 12, they had the opportunity to limit the response to an enforcement action that was done in a reasonable way. Instead they used it as a pretext for seeking to destroy Hamas as a political actor present in the West Bank; and then extending that anti-Hamas policy to the attack on Gaza. So it was clearly a way of using this initial criminal act as a means to pursue a much wider political agenda that focuses on Israel’s national ambition to control the West Bank—at least most of the West Bank, where the settlements are—and to eliminate from that reality the only viable Palestinian opposition force (because the Palestinian Authority that is nominally in control on behalf of the Palestinians of the West Bank, is in a semi-collaborationist relationship with Israel). So the attempt to get rid of Hamas as a political influence on the West Bank particularly, and to punish it severely in Gaza where it’s in control of the governing process, is a crime.

KK: Why did Netanyahu not take Abbas up on his offer to cooperate with the investigation into the kidnapping and killing of the three Israeli boys?

RF: I think it’s part of Netanyahu’s political escalation of the Israeli approach at this point. They repudiated the direct negotiations—which didn’t make much sense in the first place—but they repudiated them as a way of stating that they would no longer seriously engage in diplomacy but would impose their own solution on the conflict. And that solution involves consolidating control over the whole of Jerusalem and taking all or the most valuable parts of the West Bank and in effect annexing them to Israel.

KK: Under the Arms Control Act of 1976, governments that receive weapons from the US are required to use them for legitimate self-defense. Does the US’ arms aid to Israel violate that law?

RF: Yes, definitely. From everything I’ve been saying, there’s no legal, political or moral argument that would uphold the claim that Israel is acting in legitimate self-defense. There’s been no armed attack by Hamas or Gaza; in any event, Gaza from an international law point of view, is not a foreign state but an occupied territory. It’s not clear that you can exercise self-defense in relation to a territory that you are responsible for administering in accordance with international humanitarian law.

Ken Klippenstein is a journalist based in Madison, Wisconsin, USA. He can be reached via twitter @kenklippenstein or email: kenneth.klippenstein@gmail.com

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Strange Regional Alignments in the Gaza Massacre

11 Aug

Neighborly Crimes of Complicity in Gaza

 

[Prefatory Note: my post below, an earlier version of which was published in AlJazeera English as an opinion piece. It was written before I had the opportunity to read an illuminating assessment of the regional and global turmoil that culminated for now in the massacre carried out by Israeli armed forces in Gaza. I highly recommend “The Tragedy of Great Power: The Massacre of Gaza and the Inevitable Failure of the Arab Spring” written by the learned Islamic jurist and scholar, Khaled Abou El Fadl, a distinguished professor at UCLA School of Law, with the link to the article below:

http://www.abc.net.au/religion/articles/2014/08/08/4064106.htm

 What makes Professor El Fadl profound essay particularly valuable is his ability to fit the regional pieces together in a convincing manner, showing how and why governments that rule in Saudi Arabia and the UAE, encouraged the overthrow of Egypt’s elected government headed by Mohamed Morsi in mid-2013 and more recently encouraged Israel to destroy Hamas. He also shows that Hamas is not accurately perceived as a byproduct of the Egyptian Muslim Brotherhood, but has its own “very distinct pedagogies, objectives and methodologies.” In depicting the forces of resistance and transformation as opposed to the geopolitics of counterrevolution as constituting the core struggle taking place throughout the region it becomes clear why the alignments in the Middle East are assuming their current configurations.

 It is telling and provocative for Professor El Fadl to situate the Palestinian Liberation Organization (and by implication, the Palestinian Authority) as de facto allies of Sisi’s Egypt, Saudi Arabia, and the UAE as well as being existential partners of the United States and Israel in subjugating the region to Western goals. What has developed further since the end of the Cold War rivalry that long dominated the region should be considered a geopolitical protection racket that gained political salience in the aftermath of the Arab Spring. The upheavals of 2011 shook the foundations of the old order, and led to renewals throughout the region of Faustian Bargains by which various authoritarian regimes receive protection, including help with the destruction of any political actor, whether Islamic or not, that dares to challenge this established order composed of ultra-rich native elites claiming dynastic privileges conferred by colonial powers then seeking native collaborators to manage exploited and oppressed populations. While these elites appease Israel, the masses in the same political space remain passionately and symbolically dedicated to the Palestinian struggle as became evident in the September 9, 2011 attack by several thousand Egyptians on the Israeli Embassy shortly while the heroic memories of the overthrow of Hosni Mubarak were still fresh.]

 

Of all the complexities surrounding the reaction of the world to the horrifying spectacle of Israel’s severe criminality in Gaza none is more perplexing than the complicity of most governments throughout the Arab world. What makes their political posture particularly bewildering is the degree of ethnic, religious, cultural, and historical commonality that creates such close ties of identity among the peoples of the region. And no single issue has been as unifying over the decades for these people than has their long intensely felt opposition to the injustice, suffering, and exploitation that the Palestinian people have endured for the past century as a result of the encroachments of the Zionist movement on their lands. It should be recalled that at earlier stages of the Palestinian ordeal, the governments of the neighboring Arab countries did exhibit strong, if ineffectual, solidarity with the Palestinian struggle. Several Arab states jointly attacked Israel, initially in 1948 to prevent the establishment of Israel, and later in the failed wars of 1967 and 1973 that challenged Israel’s existence. These defeats together with Egypt’s accommodation via the peace treaty of 1979 was a defining moment at which the Arab neighbors of Israel abandoned the Palestinians politically, but not yet diplomatically or economically. At this time any tangible form solidarity at the level of Arab governments is now a distant and ironic memory, and has been supplanted in the main by active hostility to Palestinian aspirations and implicit sympathy with, or at least acquiescence in Israel’s regional ambitions in conjunction with U.S. grand strategy in the region .

 

Some official formal hostility to Israel and sympathy for the Palestinian struggle persists at rhetorical levels, but rings hollow. It is true that many Arab countries to this day refuse entry to anyone with an Israeli entry or exit stamp in their passport. Anwar Sadat’s assassination in 1981 was widely interpreted at the time as a populist response in Egypt to his willingness to sign a peace treaty with Israel without simultaneously securing justice for the Palestinians, thereby crossing what was then a red line of betrayal. It was observed by the Western media that few Egyptians bothered to leave their apartments as a show of respect as Sadat’s funeral procession as it passed through the streets of Cairo because the slain leader was so reviled for shamelessly appeasing the enemy of the Palestinian people.

 

Above all, the ongoing struggle for Palestinian self-determination is understood by the peoples of the Middle East, and indeed the world over, as a struggle for the empowerment and liberation of the Palestinian people in the face of severe injustices done unto them over a long period of time, and involving such crimes against humanity as apartheid and massacre, verging on genocide. Increasingly, and never more than in reaction to this recent Gaza horror show, the Palestinian struggle will have to be waged not only against Israel, and its American and European allies, but also against the Arab collaborationist governments in the region that have betrayed their own larger religious and cultural identities, and more revealingly, the most fundamental ideas of justice and compassion associated with ideals of humanity and the ethical underpinnings of Islamic unity.

 

It is notable that only non-Arab Turkey and Qatar have acted responsibly in response to the Israeli attacks that commenced on July under the IDF code name of Protective Edge. The Turkish Prime Minister, Recep Tayyip Erdoğan, has spoken movingly, without hiding his condemnation of Israeli behavior behind the euphemisms of diplomacy, in characterizing Israel’s behavior in Gaza as criminal. Even a group of distant Latin American countries, including Brazil and Chile, have at least shown the depth of their disapproval of Israel’s conduct by withdrawing their ambassadors from Israel. This symbolic expression of disapproval is something that not one government in Europe or North America, the self-proclaimed centers of world civilization, has yet done. The countries of the South have by and large also turned their backs to the Palestinians and the confrontation in Gaza, with the exception of South Africa.

 

Taken together these considerations make it morally distressing and politically mystifying to observe that almost every Arab governments has seemed either to be flashing a green light in Israel’s direction or pointedly looking away. Given the criminality of the Israeli attack and the tragic suffering inflicted on the Palestinian people, complicity by way of such diplomatic endorsements, or even stony silent acquiescence, is at the very least a breach in Arab and Islamic identity, and worse, seems to be an unimaginable case of aiding and abetting genocidal political violence directed at the Palestinian people. Such a diplomacy of indifference is especially notable as expressed toward Gaza, which is governed by a Moslem-oriented leadership. Israel’s persistence in a massacre mode despite the near universal calls for a responsibly negotiated ceasefire was widely attributed to the fact that the Netanyahu government was being encouraged behind the scenes by Egypt and Saudi Arabia ‘to finish the job,’ not of the tunnels and rockets that served as the security pretext, but of Hamas itself as ‘the head of the snake,’ the one Palestinian actor that continued to believe in a politics of resistance. For these Arab governments to act so opportunistically, particularly given the frequency and magnitude of Israeli atrocities is shocking to all but the most numbed of political imaginations.

 

To be sure, the behavior of these Arab governments as mystifying, legally and morally unacceptable, and politically self-destructive warrants condemnation, but it also needs to be understood and explained as clearly as possible. What quirks of political realism led these Arab regimes to so calculate their future?

           

The Enemy of my Enemy

 

The core explanation of Arab complicity (excepting Qatar) has to do with the Arab governments hating and fearing the Muslim Brotherhood (MB) far more than they resent Israel. This logic is then extended to Hamas, which is misleadingly treated as nothing other than a branch of this supposedly poisonous tree. This hostility to an Islamic movement authenticated from below overshadows Israel’s encroachment on their region, and even its appropriation and control of Muslim sacred places in Jerusalem. In effect what is going on in these top heavy monarchies is a passionate search for protection from possible uprisings by their own populations, which are feared as potential adversaries. Such an initial assessment pushes the question one step further but it does not give us any insight into why this should be so.

 

What are the sources of this hatred of the MB? The MB is perceived as the essential expression in the Arab world of bottom up political Islam that is viewed as toxic by the established order because of its grassroots legitimacy. This reality has induced panic among these Arab regimes that goes back at least as far as the explosive regional reverberations unleashed by the revolution that overthrew the Shah’s supposedly secure imperial rule in Iran (1979). This revolutionary process caused high intensity tremors, especially throughout the Arab world, and especially among the monarchies nurturing privileged and unscrupulous elites that have long kept their populations cruelly repressed and in backward conditions of mass misery. These regimes, generally aligned with the United States, remain obsessed with the maintaining stability of their own rule, and seem to feel that stifling all voices calling for change is a vital ingredient of their own survival.

 

Hamas as an active resistance movement is in this sense perceived as an acute threat to the kind of future that these Arab governments are intent of achieving no matter what the costs in lives and societal wellbeing. First of all, Has has historical ties to the Egyptian MB, the older organization of Muslim activists that has kept the flame of political Islam burning despite enduring harsh suppression dating back to decades before Israel came into existence. Secondly, Hamas demonstrated its legitimacy, and credibility as a voice of the Palestinians living in Gaza by its electoral victory in 2006, and more recently by its resilience (sumud) and resistance to Israeli tactics of aggression and massacre. Thirdly, Sunni Hamas crossed sectarian boundaries by having its closest political ties with Shiite Iran and Hezbollah, and the Alawite regime in Syria, and although these relationships have grown weaker as a result of recent regional developments, their very existence further alarms the Sunni supremacists in Riyadh whose second source of anxiety is associated with a sectarian/nationalist struggle that pits Saudi Arabia and its allies against Iran and its allies. The terrible carnage in Syria is one expression of this sectarian dimension of the regional struggle that complements efforts to crush any expression of political Islam with a strong societal base of support.

 

Egypt’s Betrayal

 

Of course, in the foreground is the experience of the Arab anti-authoritarian upheavals in 2011, especially the dislodging of Hosni Mubarak in Egypt, followed by expressions of far greater popular electoral support for the Muslim Brotherhood and Salafi candidates throughout Egypt than had been expected by the anti-Mubarak liberals and progressive youth who had earlier dominated the crowds in Tahrir Square. The Gulf countries made no secret of their disappointment with Washington’s refusal to do more to beat back this populist tide that swept over the Mubarak regime, who like the Shah in Iran 30 years earlier, had seemed to offer leaders of these Arab monarchies a model of invulnerability in relation to popular upheavals.

 

And so two years later in 2013 when the chance came, as it did during the faltering presidential term of Mohamed Morsi, it is no secret that the counterrevolutionary coup led by General Ahmed Fattah el-Sisi was most warmly welcomed by Israel and Saudi Arabia. The Sisi coup won immediate aid bestowed in huge quantities (at least $8 billion) from Saudi Arabia and the UAE, hoping that such a large infusion of cash would create a soft economic landing for the new regime, and set up a contrast with the economic failures of the Morsi government. It was hoped that a rapid economic recovery would reassure the majority of Egyptians that they were experiencing a change for the better even if there was little effort by the new leaders to hide the return to the methods and style of the previously despised Mubarak rule that had prompted the earlier upheaval. What is startling is that these Arab supporters never blinked in the face of the crimes of Sisi’s military leadership in Cairo, which featured a bloody crackdowns of anti-government demonstrations in Cario, including even the killing of many MB members while they were at prayer. Sisi proceeded to move against the MB as an organization, having it criminalized and defined legally as ‘a terrorist organization,’ encouraging judicial action that included imposing mass death sentences on many of its members, and generally engaging in state crime on a scale that far exceeded the abuses of the Mubarak period. Even Washington was embarrassed by these excesses, although it maintained a pragmatic silence that overlooked the tensions between its calls for democracy and its actual strategic goal of restoring the regionalstability of the pre-Arab Spring status quo.

 

 

 

Iran Explodes the Myth of Regional Stability

 

Until this pattern became evident I didn’t appreciate the relevance of some remarks made to me by Ayatollah Khomeini while in Paris just as he was about to return to Iran from exile to lead the new Islamic Republic in January 1979. This austere religious leader was very clear about rejecting the then prevailing idea that a national revolution was taking place in Iran. He said again and again during the meeting, “This is an Islamic revolution, not an Iranian revolution.” He went on to observe that the dynastic regime in Saudi Arabia was decadent and oriented toward the West. In his view it was as illegitimate a source of governance as was the Shah’s regime that had just been overthrown in Iran, and a justifiable target for further political initiatives by those societal forces that were infused with Islamic values.

 

The revolution in Iran, whether understood as a national or ideological phenomenon, was deeply threatening to political stability of the region. It was a political movement from below that shattered a monarchic power structure in Iran that was viewed in the region and by the West as invulnerable to internal challenge, once described by Kissinger “as that rarest of things, an unconditional ally.” In other words, it was not just that the foundations of the status quo gave way in Iran, but that their crumbling was brought about by populist tremors that enjoyed widespread cultural legitimacy. It was this cultural legitimacy that again surfaced in the immediate aftermath of the Arab upheavals in 2011, and sent tremors of fear throughout the region, and could not be dismissed on sectarian grounds.

 

The explosive emergence of the Islamic State of Iraq and Levant (ISIS) reinforces Ayatollah Khomeini’s central message. Its proclamation of a new caliphate is precisely in line with this type of thinking. The whole carving up of the Arab world into a series of sovereign states is seen from these perspectives as an imposition of European civilization, destroying and destabilizing the only true political community, that of the Islamic uma.

 

Israel’s Parallel Universe

 

Israeli strategists over the years have been divided about their regional priorities, but agreed on the general contour of principal goals. Israel’s preferred Middle East would consist of governments that were both friendly and stable, which made Iran a favorite until it unexpectedly fell apart in 1978-79. Next best, were governments that were formally cool, or even hostile, but remained mostly on the sidelines in relation to the conflict of with the Palestinians, such as King Hussein’s Jordan, Mubarak’s Egypt, and the Gulf states, especially Saudi Arabia. If such stability was not attainable, then strife in a country that was politically hostile was viewed as next best, which is the story of Syria, and to a degree Iraq, in recent years. In other words, Israel could live with regional actors that were rhetorically hostile, as with passport exclusions or UN speeches, but not with states that were politically hostile, and perceived as allies of Palestinian resistance struggle. In that sense, Israel pushed behind the scenes for the American attack on Iraq after 2001 and has done its best to push the United States into a belligerent encounter with Iran in recent years.

 

When it comes to Gaza, and Hamas, the convergence of the Israeli approach and the Arab governmental consensus is an invaluable political blessing for Tel Aviv. It gives Israel unlimited space to push its militarist agenda, however great the carnage and devastation, and even if much the rest of the world may lament the assault upon international law and morality. Even the United States, and its ‘subaltern’ UN Secretary General, have felt the pressure to use their influence to establish a ceasefire, although without daring to lift a critical finger in Israel’s direction and following an Egyptian-oriented peremptory diplomacy that seems more concerned about PR dimensions than achieving an end to the violence. This skeptical reflection was confirmed by the initial ceasefire proposal that was presented to Hamas on a take it or leave it basis, and quite incredibly, that its leaders were informed about only through its media publication. The newer ceasefire approach, based on a sequence of 72 hour truces, follows the same pattern with Israeli and American negotiators refusing to sit at the same table as the representative of Hamas, and yet claiming to seek an agreement that would end the violence.

 

While Israel talks about rockets and tunnels, its massive military operation is being increasingly interpreted by knowledgeable commentators as punitive, and directed not only at Hamas but at Palestinians generally. Some Israeli leaders and their prominent supporters seem to believe that Gazans deserve to die because they voted for Hamas back in 2006, although many Gazans who are dying didn’t back Hamas then or now, and certainly not the Palestinian children who were not even born when Hamas won the elections. A second punitive motivation, and more explicitly endorsed, is a punishment directed at Palestinians in general for daring to form a unity government back in early June, thus challenging ever so slightly the illusion that Israelis had successfully crushed Palestinian political ambition to pursue self-determination by any means other than the futile charade of periodic spurts of diplomacy. Crushing Hamas is seen as a way to make Palestinians submit to the permanence of occupation, the annexation of most of the West Bank, the realities of apartheid administrative and detention policies, and the burial of any prospect of an independent Palestinian state. The Palestinian Authority had been awkwardly docile until it timidly went forward with the unity government, and now must be disciplined by Israel for getting out of line, being taught a lesson once and for all that if it has any future it is to collaborate with Israel, as it had done in the past, with the suppression of Palestinian resistance, above all Hamas, as a telltale sign of its political outlook.

 

A Concluding Word

 

More than anything else, these terrible happenings in Gaza should lead to a realization that the future of the Palestinian people and of the region as a whole depends on finding a just solution of the conflict. The abysmal failure of the Kerry induced talks showed definitively that Israel has lost all interest in a diplomacy that promises the Palestinians a viable and independent sovereign state at the end of the road. With a show of self-confidence the Knesset made clear its own rejection of the two-state diversion by choosing an ardent Likud one-stater, Reuven Rivlin, to replace Shimon Peres, as President of Israel. It is past time for the peoples of the world to wake up to the real nature of the challenge and support a more militant international campaign of solidarity with the Palestinian struggle, and insist on boycott and divestment in all venues, working to support arms embargoes and sanctions on the part of as many governments as possible.

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Palestinian Open Letter to UNSG Ban Ki-moon on Gaza

7 Aug

[Prefatory Note: Below is the text of an Open Letter to the UN Secretary General Ban Ki-moon alleging his inappropriate responses to the carnage and massacres taking place in Gaza, and by his behavior undermining respect for and the authority of the United Nations and international law. Given such a performance, the challenge posed to the highest ranking UN official is to revise his past comments on the Israeli attack or to resign his office. The peoples of the world, and not just the Palestinians, have a paramount interest in holding morally, legally, and politically accountable the UN and those who lead and represent the organization in response to such breaches of the peace and acts of aggression in accordance with law and justice, and never more so than when such unlawful behavior is directly responsible for a grave humanitarian catastrophe of the kind that has befallen the civilian population of Gaza since July 8. Instead of supporting Israel spurious claim of acting in self-defense, Mr. Ban Ki-moon should have been using his office to insist on an immediate ceasefire accompanied by the unconditional lifting of the blockade imposed on Gaza since mid-2007 that has constituted the essence of the collective punishment of the 1.8 million people encaged in the Gaza Strip without even a sanctuary for children, women, the disabled, the elderly, non-militants to escape from the combat zone by crossing the border or finding safety within Gaza itself. The shelling of UN facilities being used to shelter those desperately seeking safety exemplifies Israeli criminal conduct during this savage military operation. Please read the text below, prepared by Badil (an NGO devoted to Palestinian refugee rights that enjoys a world reputation for the quality of its work and the dedication of its staff) and endorsed by a large number of Palestinian civil society actors; please disseminate this text as widely as possible, and call independently for a response by the Secretary General, as well as further action if a response is not forthcoming.]

 

Open letter to Mr. Secretary-General, Ban Ki-moon: stand for law and Justice or resign!

 

5 August 2014

For humanity and the little remained credibility of international law:

Un Secretary-General, Ban Ki-moon, stand for law and Justice or resign!

  1. Secretary-General Ban Ki-moon,

We, the under signed Palestinian human rights and community-based organizations are extremely disappointed by your performance, notably by your biased statements, your failure to act, and the inappropriate justification of Israel’s violations of IHL, which amount to war crimes. Until today, you have taken no explicit and tangible measures to address the recent Israeli attacks in the occupied Palestinian territory (oPt) since 13 June. Moreover, your statements have been either misleading, because they endorse and further Israeli false versions of facts, or contrary to the provisions established by international law and to the interests of its defenders, or because your words justify Israel’s violations and crimes.

You have undeniably assumed a biased position toward the current attack on Gaza and Israeli violations in the West Bank by failing to clearly condemn Israeli unlawful actions in the OPT, while, on the other hand, not hesitating to accuse – sometimes mistakenly – Palestinian combatant in Gaza of violations of international law. This bias can be noted in the following excerpts:

The Secretary-General strongly condemns the killing today of at least 10 Palestinian civilians in shelling outside of an UNRWA school in Rafah providing shelter to thousands of civilians.  The attack is yet another gross violation of international humanitarian law, which clearly requires protection by both parties of Palestinian civilians, UN staff and UN premises, among other civilian facilities.

Such statement, by failing to name the perpetrator (Israel), is not only biased, but also offensive to UNRWA, itself a UN agency, as well as to other UN agencies and international organizations the struggle to provide relief and protection to Palestinians in Gaza. UNRWA, which has lost nine staff in Gaza since the beginning of Israel’s Operation Protective Edge, hosts around 270,000 internally displaced (25% of Gaza’s population) in its shelters. UNRWA’s preliminary analysis on a previous attack against one of its schools has indicated that it had been hit by Israeli artillery, constituting an indiscriminate attack and likely a war crime.

Moreover, by condemning the storage of weapons in UNRWA schools without offering a complete details and a proper account on international law, your statements endorse Israeli excuses to unlawfully, indiscriminately target such civilian objects.

In addition, by condemning

the reported violation by Hamas of the mutually agreed humanitarian ceasefire which commenced this morning. He is shocked and profoundly disappointed by these developments,

the Secretary-General reveals a reckless endorsement of Israeli version of facts, blaming Hamas for violating the cease-fire, even though admitting that “[t]he Secretary-General notes that the UN has no independent means to verify exactly what happened”, and, still, demanding “the immediate and unconditional release of the [falsely allegedly] captured soldier”.

The following statement further illustrates the Secretary-General’s ignorance of facts on the ground:

The Secretary-General has learned with concern that leaflets are reportedly being dropped by the Israeli Defence Forces in the northern Gaza Strip this evening, warning tens of thousands of residents to leave their homes and evacuate to Gaza City.

If true [our emphasis], this would have a further devastating humanitarian impact on the beleaguered civilians of those areas of the Gaza strip, who have already undergone immense suffering in recent days.

The drop of leaflets had been a known practice since the beginning of the Israeli operation in Gaza, contributing to a scenario of more than 480,000 internally displaced.

In the same statement,

The Secretary-General strongly urge[d] all sides to avoid any further escalation at this time[, noting] that all sides must meet all obligations under international humanitarian law, both towards civilians ahead of impending attacks, as well as maintaining proportionality in any kind of military response,

Revealing an undue equalization of the two sides of the conflict and failing to address the greater impact of violations committed by Israel,  which has killed at least 1,814 the vast majority of whom are civilians, during its operation in Gaza.

  1. Secretary-General,

When you make no distinction between oppressors and victims, in all your statements,

When you name Palestinian combatants as perpetrators of violations and war crimes while you ignore naming Israel, as you used to do in referring to specific actions,

When you avoid codifying Israeli actions amount to war crimes, while you insist on prescribing Palestinian reactions as grave breaches of IHL,

When you always advocate unlawfully the Israel right to self-defense, while having not pointed out the Palestinians legitimate and legal right to resist occupation, colonization and institutionalized discrimination,

When you adopt and advocate Israeli false stories, while not mentioning Palestinians’ narrative,

When you disregard facts on grounds clearly resulting from Israeli attacks, while you seek the immediate and unconditional release of a falsely captured soldier who was in the battle field,

You do not maintain peace and security; nor do you ensure human rights.

By reviewing yours statements, it becomes evident you have not been fulfilling your mandate. In contrary, your statements have not only allowed the continuance of Israel’s killing our people, but also, encouraged States to continue providing Israel with impunity. As you cannot say the truth,we advise you to either drastically change your positioning – not only in words, but also in your efforts to, through the UN, effectively end the current conflict – or to resign. For us, if you continue playing this role, you prove what our people feel, that you are a partner in, or at least an enabler of, the ongoing violations of international humanitarian law committed by Israel against our, families, children, women, elders – against our people.

—————-
Signatures
—————-

Individuals:
 • Richard Falk Former United Nations Special Rapporteur on human rights in the Palestinian territories occupied since 1967
 • Luisa Morgantini Former Vice President of the European Parliament
 • Ahmad Muhaisen – President of The association for twining French cities and Palestinian refugee camps
 • Breyten Breytenbach Poet, writer, painter and activist
 • John Pilger is a journalist, film-maker and author

Palestinian and international human rights and civil society organizations:
 • BADIL Resource Center for Palestinian Residency and Refugee Rights – Bethlehem
 • Occupied Palestine and Syrian Golan Heights Advocacy Initiative (OPGAI) – Biet Sahour
• The Alternative Information Centre (AIC) – Biet Sahour
• ADDAMEER Prisoner Support and Human Rights Association – Ramallah
• Palestinian Non-Governmental Network (Umbrella for 133 organizations)
• Palestinian General Federation of Trade Unions
• General Union of Palestine Workers
• General Union for Health Services Workers
• General Union for Public Services Workers
• General Union for Petrochemical and Gas Workers
• General Union for Agricultural Workers
• Union of Women’s Work Committees
• Palestinian Boycott, Divestment, Sanctions National Committee (BNC). The Committee includes the following organizations: Council of National and Islamic Forces in Palestine, Palestinian NGO Network (PNGO), Palestinian National Institute for NGOs, Global Palestine Right of Return Coalition, Palestinian Trade Union Coalition for BDS (PTUC-BDS), Federation of Independent Trade Unions, General Union of Palestinian Workers, Palestinian General Federation of Trade Unions, General Union of Palestinian Women, Union of Palestinian Farmers, General Union of Palestinian Teachers, General Union of Palestinian Writers, Palestinian Federation of Unions of University Professors and Employees (PFUUPE), Union of Professional Associations, General Union of Palestinian Peasants, Union of Public Employees in Palestine-Civil Sector, Grassroots Palestinian Anti-Apartheid Wall Campaign (STW), National Committee for Grassroots Resistance, Palestinian Campaign for the Academic and Cultural Boycott of Israel (PACBI), National Committee to Commemorate the Nakba, Civic Coalition for the Defense of Palestinian Rights in Jerusalem, Coalition for Jerusalem, Union of Palestinian Charitable Organizations, Palestinian Economic Monitor, Union of Youth Activity Centers-Palestine Refugee Camps, Occupied Palestine and Syrian Golan Heights Initiative.
• The Joint Advocacy Initiative of the East Jerusalem YMCA and the YWCA of Palestine (JAI) – Biet Sahour
• Baladna- association for Arab Youth – Haifa
• Hamleh – Arab center for media development – Haifa
• Al Zahra’ Society for Women Empowerment – Sakhnin
• Assiwar- The Feminist Arab Movement in Support of Victims of Sexual Assault – Haifa
• Association for the defense for the Rights of the Internally Displaced in Israel – Nazareth
• Alsebat association for heritage Preservation – Nazareth 
• The Alternative Tourism Group (ATG) – Beit Sahour
• Yabous Cultural Center – Jerusalem
• The Edward Said National Conservatory of Music – Jerusalem
• Palestinian Students’ Campaign for the Academic Boycott of Israel
• Gaza BDS Working Group
• University Teachers’ Association in Palestine
• Medical Democratic Assembly
• Pal-Cinema (Palestine Cinema Forum)
• Youth Herak Movement
• Union of Women’s Struggle Committees
• Union of Synergies—Women Unit
• Union of Palestinian Women Committees
• Women’s Studies Society
• Working Woman’s Society
• One Democratic State Group
• Youth Against Israeli Settlements – Hebron
• Health Work Committees – Biet Sahour
• Land Research Center (LCR) – Hebron
• Ramallah Center for Human Rights Studies – Ramallah
• Popular Struggling Coordination Committee (PSCC) – Ramallah
• Lajee Center, Aida Refugee Camp – Bethlehem
• The EJ-YMCA Rehabilitation Program and the Beit Sahour YMCA – Beit Sahour
• Ibrahim Al Khalil Society – Hebron
• The Palestinian Prisoners Society – Bethlehem
• The Palestinian Center of Youth Action for Community Development (LAYLAC) – Dhiesheh Refugee Camp – Bethlehem
• Palestinian Grassroots Anti-apartheid Wall Campaign (Stop the Wall) – Ramallah
• Palestinian Center for Rapprochement Between People – Biet Sahour
• Amaan Center for social health, Counseling and Development – Hebron
• Popular Committee for Refugees, Qalqeliah
• Popular Committee for Refugees, Salfit
• Social Youth Center, Aqbat Jaber Refugee Camp – Jericho
• Social Youth Center, Aida Refugee Camp – Bethlehem
• Social Youth Center, Al Arroub Refugee Camp – Hebron
• Al Arroub Popular committee – Al Arroub Refugee Camp – Hebron
• Progressive Youth Union – Al Arroub Refugee Center – Hebron
• The Phoenix Center – Al Arroub Refugee Camp – Hebron
• Al Fawwar Social Center – Al Fawwar Refugee camp – Hebron
• Social Youth Center, Far’a Refugee Camp – Nablus
• Shu’fat Child Center – Shu’fat Refugees Camp – Jerusalem
• Shoruq Association, Dhiesheh Refugee Camp – Bethlehem
• Al Awda Center for Youth and children Rehabilitation – Tulkarem
• Ansar Center, Al Walajeh – Bethlehem
• Center for Defense of Liberties and Civil Rights “Hurryyat”
• The Palestinian Agricultural Relief Committee – Bethlehem
• Bethlehem Farmers Society – Bethlehem
• Ibda’a for the Development of Children Capacity, Dhiesheh Refugee Camp – Bethlehem
• The popular committee – Dhiesheh Refugee Camp – Bethlehem
• The women Centre – Dhiesheh Refugee Camp – Bethlehem
• The popular committee – Al Azza Refugee Camp – Bethlehem
• Al Phoenix Center – Dhiesheh Refugee Camp – Bethlehem
• Al Walaja Women Center – Al Walaja – – Bethlehem
• Not to Forget – Jenin Refugees Camp – Jenin
• Environmental Education Center – Beit Jala
• The National Charitable Society – Al Khader
• The Right of Return Committees in Bethlehem – Bethlehem
• Al Walaja Popular Committee – – Bethlehem
• Al Walaja Sports Club – Al Walaja – – Bethlehem
• Al Walaja Agriculture society – Al Walaja – – Bethlehem
• The Palestinian anti-Wall and Settlements committees – Ramallah
• MA’AN Development Center – Ramallah
• The Association of Palestinian prisoners and x-prisoners – Bethlehem
• Susya Popular Committee – Hebron
• Dair Abu Misha’al Popular committee – Ramallah
• Al Tawasul Forum Society – Gaza Strip
• The International Solidarity Movement.
• The Refugees Rights Center –‘Aidoon – Lebanon
• Association Najdeh – Lebanon
• Ajyal Association – Lebanon
• The Refugees Rights Center –‘Aidoon – Syria
• Union of Arab Jurists – Jordan
• The National Institution of Social Care & Vocational Training – Jordan
• Australians for Palestine – Australia
• Women for Palestine – Australia
• Collective urgence Palestine – Switzerland
• Palestina Rossa – Italy
• Fronte Palestina – Italy
• The Association of Humanitarian Lawyers
• International Educational Development, Inc
• International Lawyers – Switzerland
• Tamkeen-Arab group – Switzerland
• The BDS campaign in France – France
• The association for twining French cities and Palestinian refugees camp – France
• The International Organization for the Elimination of All Forms of Racial Discrimination (EAFORD)
• International society for Human Rights
• Czech Friends of Palestine
• Initiative for a just peace in the Middle East – Czech Republic
• Nord-Sud XXI
• International Association Against Torture
• The Palestine Solidarity Allegiance South Africa
• Palestine Legal Action Network
• Russell Tribunal on Palestine
• Campaign BDS France,
• 14 Friends of Palestine (Marin, CA)
• Canada Palestine Association
• Voice of Palestine
• People for Peace, London, CA
• United States Palestinian Community Network
• Labor for Palestine NY
• Samidoun Palestinian Prisoner Solidarity Network
• US Campaign for the Academic and Cultural Boycott of Israel
• Palestine Human Rights Campaign Auckland
• Al-Awda NY
• Jews for Palestinian Right of Return
• Jews Against genocide
• Palestine Solidarity Alliance, South Africa
• Assopace
• Boycott! Boycott From Within
• Boycott Israeli Apartheid Campaign – Vancouver
• BDS Switzerland

 

Palestinian Refugees and IDPs: Background

Ongoing Nakba Education Center

Mobilization and Intervention

 

 

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