Seeing Light: The Blogger’s Delight

7 Jan

 

 

            While reflecting on my prior blog lamenting the challenges of sustaining civility amid tumult and controversy, I came to appreciate my own partial captivity in realms of darkness. The negativities I tried to discuss are the shadow land of my blog experience, which is more essentially lived in the sunshine of new and renewed friendship, solidarity, mutuality, and the new emotional and spiritual resonances of our era, what I would call, in the absence of greater precision, the emergence of ‘digital love.’

 

            What becomes possible, although there is no doubt that it produces its share of blood, sweat, and tears, are invisible communities of commitment to a better future for humanity, all of it. Such communities keep candles of hope flickering during an historical period of thickening darkness when even the will to species survival seems to be in doubt. Why else would the world choose to live with nuclear weapons? Why else would political leaders turn their backs on the alarming scientific consensus as to the growing hazards and harms associated with climate change? Why else would the 1% be allowed to indulge super-luxuries while more than a billion struggle daily with the ordeals of poverty?

 

            It is in this spirit that I write from an aspiring identity as ‘citizen pilgrim,’ not content with the way the world is organized or the way rewards and punishments are distributed, seeking of a better world as a bequest to the future. It is not sufficient to be a ‘world citizen,’ which to be sure takes an step away from the privileging of identities of nation, race, religion, and gender, an implied acknowledgements of the primacy of ‘the global interest’ and ‘the human interest,’ but still tied either to present security structures built around territorial claims or tied to some project of political unification that succumbs to the seductively misleading promises of  ‘world government.’

In contrast, the citizen pilgrim is more concerned with time than space, favoring the profound readjustments that would be needed if the human species is ever in the future to fulfill its spiritual potential as well as satisfy its material needs and take the sort of prudential steps necessary to stave off civilizational catastrophe.

 

            It is a grand thing to be dedicated to such a vision of impossible possibilities, the sole foundation of hope in our time that is not built on illusion. Yet such grandiosity is irresponsible unless coupled with a willingness to take present suffering seriously. It is this ethical imperative of the immediate and existential that has led me to do what I can to challenge oppression and side with the weak, marginal, and most vulnerable in their struggles for emancipation, rights, and justice. While all of us are entrapped in the downward spiral of world order, many are denied the minimal decencies of life on earth, while others are allowed to flourish, either benevolently through their works and prayers, or dishonorably by stealth and by making the most of systemic corruption.

 

            I have strayed from my original intention, which was to make amends for my lack of graciousness so evident in my tiresome complaints about the torments of blogging. I wanted mostly to thank all those whose warm words of encouragement and support have given me the confidence and stamina to persist during these two years, and more than confidence, feelings of gratification that in some small way enclaves of truth telling are being constructed in cyberspace while the rulers are sleeping, building sanctuaries for those of us who seek refuge from a corporatized media that plays with our minds to induce the wrong fears while stimulating our most destructive consumerist appetites.  Without doubt it is this experience of digital love, new to this century, that is allowing the light to get through even on the darkest of days!

 

            It is my belief that there are many flickering candles throughout the world that partake of the special energies of place, culture, and memory, expressive of an array of distinctive identities unconsciously conjoined by mainly unrealized and unappreciated affinities. I would like to believe that we are participants in the founding of a new world religion that dispenses with institutions, dogma, and metaphysics, affirming a semi-conscious network of spiritually resonant citizen pilgrims aroused to action by urgent end-time challenges.  Perhaps, just perhaps, ‘hope against hope’ (Nadezhda Mandelstam) is not yet an outmoded indulgence!    

Losing Control: A Blogger’s Nightmare

6 Jan

 

            When I started this blog a couple of years ago, the thought never entered my mind that I would need to defend the terrain. Although I knew my views were controversial on some issues, I assumed that those who disagreed strongly would stay away, losing interest, or express their disagreements in a spirit of civility. To a large extent this has been true, with the glaring exception of Israel/Palestine. Here my problems are two-fold: (1) very nasty personal attacks that challenge the integrity, balance, judgment, and overall demeanor of myself and those that agree with me; (2) very insistent and determined requests to engage my views from highly divergent standpoints, so divergent that I can find no useful meeting ground or value in such exchanges. By and large, I have excluded defamatory comments from the first group to the extent I have taken the time to monitor the comments section of the blog. I neither feel any obligation to give space on the blog to those who wish me ill, nor do I wish to respond to such allegations unless it seems absolutely necessary to do so. My recent Open Letter to CRIF was an illustration of such a necessity. I have refrained from responding to the UN Watch campaign despite a strong temptation to explain their distortions and deny their falsehoods, which are clearly intended to bring me harm.

 

            The second cluster of responses has been more troublesome for me: as someone who has enjoyed classroom teaching for almost 60 years I have always welcomed the challenge of divergent viewpoints that differ dramatically from my own, and the valuable sort of dialogic conversations that have so often enlivened my academic career.  At the same time, I do not think that by posting interpretations of events and issues, I am committing myself to debate with those who disagree to an extent that ensures that the interaction of our viewpoints will result in an argument incapable of resolution, and essentially going nowhere. I have always found debate between those with sharply antagonistic views to be, at best, a species of performance art or a theater of ideas that may be useful in some instances to clarify disagreements or to entertain an audience. In my experience debates almost never succeed in finding common ground or even in leading one side or the other to modify their position in significant ways. I raise this issue because some of those who defend Israel most passionately seem to feel that I have a responsibility to enter detailed and frequent discussion with them to consider our points of difference.

 

            I am sympathetic with the view that because I have this position as UN Special Rapporteur on human rights violation in the Palestinian territories occupied since 1967 that I have a duty to engage with those who are concerned with these issues. In some ways I wish that my schedule was less crowded and my energies were more extensive, but I have to make choices. It should be remembered that my UN appointment is not a UN staff position. I am in effect an unpaid volunteer, and accept the burden of considerable added work because I believe that the Palestinian people deserve an independent and honest voice to express their grievances on the global stage, and I do this in a manner that tries to take account of Israeli claims relating to its occupation policies. I would also insist that due to my independent position within the UN System, it is entirely appropriate to maintain a blog of this sort that expresses my views as a citizen of a democratic society, which I regard as falling within the sphere of conscience and reflection. I do make an effort to avoid public partisan stands in activist contexts that could create ambiguities as to my commitment to speak the truth as best I can.

 

            I draw a distinction between those who share some core commitments, for instance, respect for rights under international law or commitments to seek peaceful resolution of disputes, and those that seem to be taunts rather than serious efforts to gain mutual understanding of difficult and complicated issues. Interpretations of the issues that are so completely tilted toward legitimizing the positions and claims of Israel, which occupies the dominant position in the conflict, fall outside the boundaries of useful discussion so far as I am concerned. My sense of fairness is always conditioned by the structure of the underlying relationships, placing me on the side of those social and political forces that are struggling for emancipation from situations of oppression and rightlessness. Given this perspective, siding with the Palestinians is partly a matter of identifying with the party that has for decades been victimized by the cruel play of hard power reinforced by geopolitics. Let me be clear: my underlying commitment is to a sustainable and just peace for both peoples, but I believe this can only happen if ‘facts on the ground’ give way to a full-fledged diplomatic appreciation of ‘Palestinian rights under international law.’

 

            Even if I was inclined to devote more time to responding to hostile and divergent comments on Israel/Palestine I would disappoint other readers of the blog, who are already offended by the degree to which this one conflict sucks up all the oxygen. I have received many emails, that is, a cyber path that avoids direct comments the blog, which have strongly recommended that I not respond to comments at all and that I take steps to avoid this disproportionate concentration of energy on this one conflict. There is, I have discovered, an analogue in the blogosphere to the crude version of Gresham’s Law (‘bad money drives out good money’) so beloved by economists: It is ‘bad comments drive out good comments.’ Some of my correspondents have even gently suggested in response to the uncivil tone of many comments that I abandon the blog altogether and instead create a mailing list that serves as an alternative outlet for my views, which would have the advantage of limiting posts to a community of likeminded persons. Supposedly, this would protect my bruised ego. But I remain foolish enough to sustain the blog a bit longer, and see what happens. I will continue to struggle with balance on a tightrope that keeps the blog open to strangers, including those who disagree and disapprove, while working on behalf of an identity and level of discourse that accords with my values, and is faithful to my initial motivation to engage in the hard work of writing posts on a variety of topics to address some public issues in a manner that seems at variance with mainstream media interpretations. I do this partly because self-expression has always been a satisfying form of self-discovery, somewhat similar in this manner to teaching and scholarly writing. And partly because there might be a few others on the planet that share my worries about the present and future, and seek a community brave enough to hope when there is no hope!

 

            It is strange that I should also receive complaints as to why I do not discuss wrongdoing in the world other than that of Israel. One of the sharpest criticisms that I receive is that I must be an ‘Israel-hater,’ or worse, ‘a Jew hater,’ because I do not denounce instances of human suffering other than that of the Palestinians with the same vehemence that I accord to Israel’s wrongdoing. It is a strange line of attack for two reasons: firstly, to my knowledge, those who make such an allegation are themselves single-minded defenders of Israel, and exhibit no interest in other issues beyond the rhetorical point that there are other humanitarian ordeals that from their standpoint are far worse than what the Palestinians have endured; and secondly, I have devoted my research and teaching skills to many other international concerns other than those associated with the Israel/Palestine conflict. Even a superficial glance at my CV would show a career emphasis on general international law and world order issues, and far more criticism devoted over the years to American foreign policy than to Israel’s behavior.

 

                        I am prepared to entertain other ideas about my claim to have a right to control the tone and substance of the comments section of my blog. In effect, I have been reflecting on the presumed basis that I have a proprietary right to exercise control according to my discretion. There are a huge variety of other sites enabling those who wish to denounce me or my views, so why must I make this space available for uncongenial ventures? And why should I have to depend on friends and allies coming to my rescue when the going gets too tough. Hilary Clinton in the 2008 presidential campaign taunted Obama by saying “if you can’t stand the heat, stay out of the kitchen.” But I ask myself, ‘what is the point of such discomfort if the heat sheds no light,’ mixing metaphors inexcusably.

 

            Another response to this kind of squabble is to adopt the ethos of my younger son, who likes to say ‘chill!’  whenever emotions rise above his comfort level. His intention is to encourage ‘letting go,’ ‘backing off’’, ‘allowing a hundred flowers to bloom,’ and the like.  But there are deep feelings at stake when these blog issues are being discussed, and little willingness to grant respect to those who defend positions that seem abhorrent. I include myself in this indictment, often feeling too engaged with the abuse of Palestinian rights to treat controversy as mere differences of opinion, but this is a reflection of my understanding of the relevant facts and law, and not a matter of blind passion or blinkered vision. 

An Open Letter of Response to CRIF (Conseil Représentif des Institutions Juives de France)

30 Dec

An Open Letter of Response to CRIF (Conseil Représentif des Institutions Juives de France)

I am shocked and saddened that your organization would label me as an anti-Semite and self-hating Jew. It is utterly defamatory, and such allegations are entirely based on distortions of what I believe and what I have done. To confuse my criticisms of Israel with self-hatred of myself as a Jew or with hatred of Jews is a calumny. I have long been a critic of American foreign policy but that does not make me anti-American; it is freedom of conscience and its integral link with freedom of expression that is the core defining reality of a genuinely democratic society, and the robust exercise of these rights are crucial to the quality of political life in a particular country, especially here in the United States where its size and influence often has such a large impact on the lives and destiny of many peoples excluded from participating in its policy debates or elections.

It is always difficult to negate irresponsible accusations of this kind. What follows is an attempt to clarify my honestly held positions in relation to a litany of charges that have been given currency by a defamatory campaign conducted by UN Watch ever since I was appointed by the UN Human Rights Council to be Special Rapporteur for the human rights situation in the Occupied Palestinian Territories in 2008. What follows are brief attempts at clarification in response to the main charges:

–the attacks on me by such high profile individuals as Ban ki-Moon, Susan Rice, David Cameron were made in response to vilifying letters about me sent to them by UN Watch, and signed by its Executive Director, Hillel Neuer. The contention that Navi Pillay, UN High Commissioner for Human Rights, also attacked me is misleading. She regretted the posting of a cartoon on my blog that had an anti-Semitic cartoon, but she took note of my contention that it was a complete accident and that the cartoon was immediately removed when brought to my attention;

–it was the cartoon that has served UN Watch as the basis of their insistence that I am an anti-Semite. Their bad faith is demonstrated by their repeated magnification of the cartoon far beyond what I had posted on the basis of its size on the Google image page for the International Criminal Court. As I have explained many times, I was unaware when I posted the cartoon of its anti-Semitic character, and pointed out that the post in which was inserted was dealing with my argument that the ICC was biased in its use of its authority, in this instance by issuing arrest warrants against the Qaddafi leadership in Libya. Israel was not mentioned in the post the content of which had nothing whatsoever to do with Judaism or Jews. To ignore such an explanation is to my way of thinking and to reprint the cartoon in an enlarged form is a sign of malicious intent; any fair reading of the 182 posts on my blog, including one devoted to Jewish identity would make it very clear to any objective reader that I have not expressed a single sentiment that can be fairly described as an anti-Semite. It is a grave disservice to both Israel and Jews to confuse criticism of Israel’s behavior toward the Palestinians with anti-Semitism.

–the claim that I am a 9/11 conspiracy theorist, actually a leading one, is false, as well. I have consistently maintained that I have insufficient knowledge to reach any conclusions about whether there is an alternative narrative of the 9/11 events that is more convincing than the official version. What I have said, and stand behind, is that David Griffin and many others have raised questions that have not been adequately answered, and constitute serious gaps in the official version that were not closed by the 9/11 Commission report. I would reaffirm that David Griffin is a cherished friend, and that we have professionally collaborated on several projects long before 9/11. It should be pointed out that Griffin is a philosopher of religion of worldwide reputation that has written on a wide range of issues, including a series on inquiries into the post-modern world and the desirability of an ecological civilization.

–The recent UN Watch letter that led me to be removed from the Human Rights Watch SB city Committee also claims I am a partisan of Hamas, which is a polemic charge and is untrue. What I have encouraged is a balanced view of Hamas based on the full context of their statements and behavior, and not fixing on language in the Hamas Charter or a particular speech. When the broader context is considered of Hamas statements and recent behavior is considered, then I believe there exists a potential opportunity to work with Hamas leaders to end the violence, to release the people of Gaza from captivity, and to generate a diplomatic process that leads to a period of prolonged peaceful co-existence with Israel. I have never insisted that this hopeful interpretation is necessarily correct, but I do maintain that it is worth exploring, and a preferred alternative to the current rigid insistence on refusing to deal with Hamas as a political actor because it is ‘a terrorist organization.’ It was evident in the recent violence preceding the November ceasefire in Gaza that leaders throughout the Middle East were treating Hamas as the governmental authority in Gaza and as a normal political entity, and this helped bring the violence to an end.

–Finally, UN Watch charges that I am biased and one-sided in my treatment of Israeli behavior, and cites Susan Rice and others for support, as well as noting my failure to report on violations by Hamas, Fatah, and the Palestinian Authority. I can only say once more that I am trying my best to be objective and truthful, although unwilling to give in to pressure. I did make an effort in my initial appearance before the Human Rights Council to broaden my mandate to take account of Palestinian violations, but was rebuffed by most of the 49 governmental members of the Council for seeking to make such a change, and reasonable grounds were advanced for not changing my mandate. I have noted Palestinian violations of international law wherever relevant to the assessment of Israeli behavior, as for instance in relation to the launch of indiscriminate rockets. Palestinian abuses of human rights of Palestinians under their control while administering portions of Occupied Palestine is outside my mandate, and I have no discretion to comment on such behavior in discharging my responsibilities as Special Rapporteur.

It is my view that Israel is in control of the occupied Palestinian territories of the West Bank, East Jerusalem, and the Gaza Strip, and is primarily responsible for the situation and the persistence of the conflict, especially by their insistence on undertaking provocative actions such as targeted assassinations and accelerated settlement expansions.

I would grateful if this account of my actual views and beliefs can be circulated widely in response to the CRIF repetition of the UN Watch attacks.

Richard Falk

29 December 2012

In Further Memory of Edward Said

27 Dec

In Further Memory of Edward Said

 

Always, always

 

That voice

remains

is gone

needed

 

What he gave

we miss

we need

we want

 

Our loss

his loss

remains

an echo

 

Sunsets bright

that shine

yet soon

depart

 

Unlike waves

that beat

on shore

remains

 

Relentless

is loss

his gift

our hope

 

Remembering

our loss

our tears

his hopes

 

Honor such a loss

clear eyes

brave words

courage

 

XII..27…2012

Responding to the Unspeakable Killings at Newtown, Connecticut

15 Dec

 

 

Once again, perhaps in the most anguishing manner ever, the deadly shooting of 20 children (and 8 adults) between the ages of 5 and 10 at the Newton, Connecticut Sandy Hook Elementary School, has left America in a stunned posture of tragic bemusement. Why should such incidents be happening here, especially in such a peaceful and affluent town? The shock is accompanied by spontaneous outpourings of grief, bewilderment, empathy, communal espirit, and a sense of national tragedy. Such an unavoidably dark mood is officially confirmed by the well-crafted emotional message of the president, Barack Obama.

 

The template of response has become a national liturgy in light of the dismal pattern of public response: media sensationalism of a totalizing kind, at once enveloping, sentimental, and tasteless (endless interviewing of surviving children and teachers, and even family members of victims), but dutifully avoiding deeper questions relating to guns, violence, and cultural stimulants and conditioning. What are called ‘difficult issues’ in the media reduce to what some refer to as ‘reasonable gun control’ (that is, a ban on assault weapons, large magazine clips, and somewhat stiffer gun registration rules) and to improved procedures for identifying those suffering the kind of mental disorders that could erupt in violent sociopathic behavior. These are sensible steps to take, but so far below the level of credible diagnosis as to promote collective denial rather than constituting a responsible effort to restore a semblance of security to our most cherished institutions (schools, churches, family dwellings). It is ironically relevant that almost simultaneous with the massacre at Newtown there occurred an attack on children in an elementary school in the Chinese city of Xinyang in the province of Henan, approximately 300 miles south of Beijing. The attacker slashed 22 children with a knife, and significantly there were no fatalities, suggesting the important differences in outcome that reflect the weapons deployed by an assailant. Although this is an anecdotal bit of evidence, it is suggestive that strict gun control is the least that should be done in light of recent experience, with seven instances of mass violence reported in the United States during 2012. It should be noted that Connecticut was one of the few states in the country that had enacted ‘reasonable’ gun control laws, but clearly without a sufficient impact.

 

If what is being proposed by politicians and pundits is so far below what seems prudent there is fostered a societal illusion of problem-solving while sidestepping the deeper causes, and the truly ‘difficult issues.’ It would be a mistake to attribute the overall concerns entirely to the violent texture of the American public imagination, but surely inquiry must address this atrocity-inducing cultural environment. America leads the world in per capita gun possession, violent crime, and prison population, and is among the few developed countries that continues to impose capital punishment. Beyond this, America vindicates torture and glamorizes violence in films, video games, and popular culture. Political leaders support ‘enhanced interrogation’ of terror suspects, and claim an authority to order the execution of alleged terrorist advocates in foreign countries by drone strikes oblivious to the sovereign rights of foreign states, a practice that if attempted against American targets would produce a massive retaliatory response preceded by an outburst of self-righteous outrage. At work, here, is American exceptionalism when it comes to lethal violence, with a claimed right to do unto others what others are forbidden to do unto us, a defiance of that most fundamental norm of civilized peoples an inversion of ‘the golden rule’ and basic biblical commandments.

 

There are other features of American political culture that are disturbing, including the uncritical celebration of American soldiers as ‘the finest young Americans,’ ‘true heroes,’ and the like. Or of America as the greatest country that ever existed, such a claim especially in light of recent history, is a rather pure form of hubris long understood as the fallibility that comes with excessive individual or collective inability to recognize and correct one’s own faults. It is certainly true that the government is asking American servicemen to risk their lives and mental health in ambiguous circumstances that produce aberrant behavior. To undertake counterinsurgency missions in distant countries at a lesser stage of development and much different cultural standards invites deep confusion, incites national resistance and hatred in the combat zones, and prompts responses driven by fear and rage. Recall such incidents in Afghanistan as American servicemen urinating on dead Afghan corpses, burning the Koran, and random shootings of Afghan unarmed villagers. In effect, this ethos of violence against others, constrained by the most minimal standards of accountability has to be part of the violence inducing behavior that is these days haunting civic life here in America.

 

In effect, until we as Americans look in the mirror with a critical eye we will not begin to comprehend the violence of Newtown, Portland, Aurora, Oak Creek, Tucson, Columbine, Virginia Tech. No amount of tears, however genuine, can make our children and citizens safer in the future, and even gestures of gun control seem likely, if treated as solutions rather than palliatives, are likely to be no more than a spit in a national ocean of sanctioned violence. What may be most depressing is that it seems ‘utopian,’ that is, beyond the horizon of possibility, to advocate the repeal of the Second Amendment on the right to bear arms or to renounce the kill doctrines associated with drone warfare or counterinsurgency rules of engagement.  Only moves of such magnitude would exhibit the political will to take measures commensurate with this disruptive and horrifying pattern of violence that has been an increasing source of national torment.

 

President Obama has called, as he has on prior occasions, for “meaningful action,” which is too vague to be of much encouragement. Almost certainly the main effort in American public space will be to explore the individuality of this shocking crime by way of mental disorder or tensions at home rather than to address its systemic character, which remains a taboo inquiry.

 

Hamas, Khaled Mashaal and Prospects for a Sustainable Israel/Palestine Peace

12 Dec

 

 

            In the aftermath of Khaled Mashaal’s emotional visit to Gaza in celebration of Hamas’ 25th anniversary, commentary in Israel and the West has focused on his remarks at a rally as ‘defiant’ and disclosing ‘the true face’ of Hamas. Emphasis was particularly placed on his dramatic pledge to recover the whole of historic Palestine, from the Mediterranean to Jordan, “inch by inch,” no matter how long such a process might take. Mashaal also challenged the legitimacy of the Zionist project, and justified Palestinian resistance in whatever form it might assume, although disavowing the intention to attack civilians as such, and denying any complicity by Hamas in the November 21, 2012 incident in Israel when a bomb exploded in a Jerusalem bus.

 

            These remarks certainly raise concerns for moderate Israelis who continue to advocate a two-state solution in accordance with UN Security Council Resolution 242, but at the same time, it is important to listen to Hamas fully before reaching any firm conclusions. What Mashaal said in Gaza was at a rally dedicated to reaffirming its fundamental struggle in the immediate aftermath of the recent 8 day Israeli attack (code-named Pillar of Defense), and by a leader who for the first time in 45 years had openly dared to set foot in his occupied and oppressed homeland. Mashaal is a leader who has lived in exile in several countries of the region since he was 11 years old, having been born in the Selwad neighborhood of Ramallah, then under Jordanian control. He is someone who in 1997 Israel had tried to murder in a notorious incident in Jordan in which only the capture of the Mossad perpetrators induced Israel to supply a life-saving antidote for the poison that had been sprayed into Mashaal’s ear in exchange for their release from Jordanian captivity. In Mashaal’s imagery, this return to Gaza was his ‘third birth,’ the first being in 1956 when he was born, the second when he survived the Israeli assassination attempt, and the third when he was able to kiss the ground upon entering Gaza. These biographical details seem relevant for an assessment of his public remarks.

 

            The context was also given a heightened reality by the Hamas/Gaza success in enduring the latest Israeli military onslaught that produced a ceasefire that contained some conditions favoring Gaza, including an Israeli commitment to refrain from targeted assassinations in the future. It also was a context shaped by recent and more distant painful memories that was the main trigger of the upsurge of violence, especially the assassination of the Hamas military leader and diplomat, Ahmed al-Jabari, and the May 22, 2003 killing of the disabled spiritual founder of Hamas, Sheikh Ahmed Yassin. It was after Sheikh Yassin’s death that Mashaal was declared ‘world leader’ of Hamas.

 

            The most important element of context that needs to be taken into account is the seeming inconsistency between the fiery language used by Mashaal in Gaza and his far more moderate tone in the course of several interviews with Western journalists in recent weeks. In those interviews Mashaal had clearly indicated a readiness for a long-term hudna or truce, provided that Israel ended its occupation of the West Bank, East Jerusalem, and Gaza, and agreed to uphold Palestinian rights under international law. He made clear that these rights included the right of return belonging to the 4-5 million Palestinians living in refugee camps or exile, and contended that such a right was more deserving of recognition than is the Israeli grant of such a right of return to every Jew even to those completely without a prior connection to historic Palestine. Of course, this claimed right is in its potentiality a threatening claim to Israel, and to Zionism, as it could, at least in theory, threaten the Jewish majority presence in Israel. Whether many Palestinians if given the choice would return to live in Israel so as to reinhabit their ancestral homes seems highly questionable, but the right to do so  unquestionably belongs to Palestinians, at least to those who had previously resided in present Israel.

 

            In these interviews, Mashaal was consistent about the readiness of Hamas to pursue these national goals nonviolently, without “weapons and blood” if Israel were to accept such a framework for peace. His words to CNN in a November 22nd interview are notable in this respect: “We are ready to resort to a peaceful way, purely peaceful way without blood and weapons, as long as we obtain our Palestinian demands.” The extent of “Palestinian  demands” was left unspecified, which does create an ambiguity as to whether this meant accommodation or some kind of rearticulation of a unified Palestinian entity. Also unclear as to whether the peaceful path could precede the end of occupation, or must be a sequel to the existence of a state. In the other direction, Mashaal indicated that once Palestinian statehood was fully realized, then the issue of the acceptance of Israeli legitimacy could be placed on the political agenda. His deputy, Mousa Abu Marzook, in a conversation in Cairo told me in a similar vein that the Hamas Charter pledge to destroy the Zionist state had become “a false issue.” This PhD from Louisiana Tech, an intelligent exponent of Hamas thinking, echoed Mashaal’s moderate approach, and indicated that as with the U.S. Constitution’s treatment of slavery, the Hamas Charter has evolved with changing circumstance, and its clauses subject to modification by interpretation.   

 

            Along similar lines, Mashaal has spoken about Hamas as ‘realistic’ with respect to an appreciation of the balance of forces relative to the conflict, and referred to Arafat’s response to those who insisted that Israel would be at mortal risk if a Palestinian state were to be established on the West Bank. The former PLO leader had pointed out that any Palestinian move to threaten Israel militarily in such circumstances was unthinkable. It would be sure to produce a devastating attack that would crush Palestinian hopes forever.

 

            There is posed a fundamental question: what is the true voice of Hamas? There seems to be a sharp contrast between the fiery language of Mashaal’s words spoken at the anniversary demonstration in Gaza and his far calmer and accommodating tone in interviews and other statements in recent years.  The more hopeful understanding would suggest a gap between the emotional occasion of the speech and the more rational views consistently expressed elsewhere. Such an explanation is the opposite of the Western insistence that only the rally speech gave expression to the authentic outlook of Hama. In contrast, I would accord greater weight given to the moderate formulations, at least for exploratory purposes. Put differently, in Gaza Mashaal was likely expressing a maximalist version of the Palestinian narrative relating to its sense of legitimacy while in more reflective arenas, ever since the entry of Hamas into electoral politics back in 2006, its dominant emphasis has been on pursuing a political track that envisioned long-term peaceful co-existence with Israel, a sidestepping of the legitimacy issues, at least once the occupation was definitively ended and the rights of Palestinian refugees was recognized in accordance with international law.

 

            It can be asked, ‘How can Hamas dare to put forward such a claim in view of the steady rain of rockets that has made life treacherous and miserable for the more than a million Israelis living in the southern part of Israel ever since Israel ‘disengaged’ in 2005?’ Such a rhetorical question repeated over and over again without reference to the siege or Israeli violence has distorted the Western image of the interaction, suggesting that when Israel massively attacks helpless Gaza it is only exercising its defensive rights, which is the most fundamental entitlement of every sovereign state. Again the more accurate interpretation depends on a fuller appreciation of the wider context, which would include the American plot to reverse the outcome of the 2006 electoral victory of Hamas by arming Fatah with heavy weapons, the Israeli punitive blockade since mid-2007, [Vanity Fair, 2008] and many instances of provocative Israeli violence, including a steady stream of targeted assassinations and lethal over-reactions at the Gaza border. Although not the whole story, the one-sided ratio of deaths as between Israel and Palestine is a good first approximation of comparative responsibility over the period of Hamas ascendancy in Gaza, and it is striking. For instance, between the ceasefire in 2009 and the Israeli attack in November 2012, 271 Palestinians were killed and not a single Israeli. [B’Teselm report] The respected Haaretz columnist, Gideon Levy, has pointed out that since the first rockets were launched against Israeli in 2001 59 Israeli have died as compared to 4,717 Palestinians.

 

            The Western media is stunningly oblivious to these complications of perception, almost never disclosing Israeli provocations in reporting on the timelines of the violence of the parties, and fails to acknowledge that it has been the Israelis, not the Palestinians, that have been mostly responsible for ending periods of prolonged truce. There are further confusing elements in the picture, including the presence of some extremist Palestinian militias that launch rockets in defiance of Hamas policy, which in recent years generally limits rockets to retaliatory roles. Among the ironies of the al-Jabari assassination was that it was evidently his role to restrain these militias on  behalf of Hamas, including disciplining those extremists who refused to abide by policies of restricting rocket attacks to retaliatory situations.

 

            There is no doubt that Hamas’ reliance on rockets fired in the direction of Israeli civilian population centers are violations of international humanitarian law, and should be condemned as such, but even this condemnation is not without its problematic aspects. The Goldstone Report did condemn the reliance of these rockets in a typically decontextualized manner, that is, without reference to the unlawfulness of the occupation, including its pronounced reliance on collective punishment in the form of the blockade as well as arbitrary violent incursions, frequent military overflights, and a terrifying regime of subjugation that imparts on Palestinians a sense of total vulnerability and helplessness. The Goldstone Report also was silent as to the nature and extent of a Palestinian right of resistance. Such unconditional condemnations of Hamas as ‘a terrorist organization’ are unreasonably one-sided to the extent that Palestinian moral, political, and legal rights of resistance are ignored and Israel’s unlawful policies are not considered. This issue also reveals a serious deficiency in international humanitarian law, especially, as here, in the context of a prolonged occupation that includes many violations of the most fundamental and inalienable rights of an occupied people. The prerogatives of states are upheld, while those of peoples are overlooked or treated as non-existent.

 

            It is also relevant to take note of the absence of alternative means available to the Palestinians to uphold their rights under international law and to challenge the abuses embedded in Israeli occupation policies. Israel with its drones, Apache helicopters, F-16 fighter aircraft, Iron Dome, and so forth enjoys the luxury of choosing its targets at will, but Palestinians have no such option. For them it is either using the primitive and indiscriminate weaponry at their disposal or essentially giving in to an intolerable status quo. To repeat, this does not make Hamas rockets lawful, but does it make such reliance wrong, given the overall context of violence that includes absolute impunity for Israeli violations of international criminal law? What are we to do with international law when it is invoked only to control the behavior of the weaker party?

 

            It gives perspective to imagine the situation being reversed as it was during the Nazi occupation of France or the Netherlands during World War II. Resistance fighters were uniformly perceived in the liberal West as unconditional heroes, and no critical attention was given as to whether the tactics used unduly imperiled innocent civilian lives. Those who lost their lives in such a resistance were honored as martyrs. Mashaal and other Hamas leaders have made similar arguments on several occasions, in effect asking what are Palestinians supposed to do in the exercise of resistance given their circumstances, which have persisted for so long, given the failures of traditional diplomacy and the UN to secure their rights under international law.

 

            In effect, a sensitive appreciation of context is crucial for a proper understanding, which makes self-satisfied condemnations of the views and tactics of Hamas and Khaled Mashaal misleading and, if heeded, condemns the parties to a destiny of perpetual conflict. The Western mainstream media doesn’t help by presenting the rocket attacks as if taking place in a vacuum, and without relevant Israeli provocations. Of course, Israeli supporters will retort that it is easy to make such assessments from a safe distance, but what is a safe distance? “The risks are ours alone,” they will say with a somewhat understandable hostility. But what about the horrible Palestinian circumstances, are they not also entitled to redress?

 

            Is there a way out of such tragic dilemmas? In my view, only when the stronger side militarily treats ‘the other’ as having grievances and rights, and recognizes that the security of ‘the self’ must be based on mutuality, will sustainable peace have a chance. In this conflict, the Israelis missed a huge opportunity to move in this direction when the weaker Palestinian side made a historic concession by limiting its political ambition to Occupied Palestine (22% of historic Palestine, less than half of what the UN partition plan proposed in 1947) in accord with the consensus image of a solution embodied in Security Council Resolution 242. Instead Israel has sought to encroach further and further on that Palestinian remnant by way of its settlements, separation wall, apartheid roads, and annexationist moves, offering the Palestinians no alternative to oppression than resistance.  It is no wonder that even the accommodationist Palestinian Authority supported the recent Hamas anniversary celebrations, and joined in proclaiming an intention to reconcile, reuniting Hamas and Fatah under the umbrella of the Palestine Liberation Organization.

 

            It is possible to react to the Gaza speech of Khaled Mashaal as the definitive expression of the Hamas creed, but it seems premature and unwise to do so. Instead, it is time to give a balanced diplomacy a chance if indeed there is any political space left for the implementation of the two-state consensus, and if there isn’t, then it is time to explore alternatives, including a return to a unified Palestine that is governed in accordance with human rights standards and international law. If this diplomatic dead end is the stark reality as of 2012, then it must be concluded that the overreaching by the Zionist leadership in Israel, especially its insistence on viewing the West Bank and East Jerusalem as integral to biblical Israel, referencing the former as ‘Judea and Samaria’ and the latter as the eternal Jewish capital, has itself undermined the political, moral, and legal viability of the Zionist Project. These alternative options should long ago have been clarified, and now, by taking to heart ‘the peaceful alternative’ depicted by Mashaal, especially in the aftermath of the General Assembly endorsement of Palestinian statehood and signs of an incipient Palestinian unity, there is one last opportunity to do so, should peace-oriented perspectives on the conflict be given a chance, however remote, to guide our thinking, feelings, and actions. 

Egypt: Between a Rock and a Hard Place

10 Dec

          

 

            I have had the opportunity to be in Cairo three times for brief visits in the last 20 months, the first a few weeks after the departure of Hosni Mubarak on February 11, 2011, the second in February of 2012 when the revolutionary process was treading water, and this third one over the course of the previous ten days. What is striking is how drastically the prevailing mood and expectations have changed from visit to visit, how fears, hopes, and perceptions have altered over time, and why they are likely to continue to do so.

 

I. The Overthrow of Mubarak

 

            On the first visit, shortly after the extraordinary exploits in Tahrir Square that started on January 18, 2011, there was a spirit of stunned amazement that made it seem as though the ‘Arab Spring’ was a genuine historical phenomenon of epic proportions and that Egypt had become the core site of a new post-Marxist radical politics that relied on militant nonviolence and a radical ethos of transformation, but avoided ideology and hard power tactics. Gandhi and Gene Sharp were most often invoked as the inspirational influences, not Lenin, Mao, Castro. It was being widely celebrated as a remarkable expression of democratic populism, especially the empowerment of youth, women, with social networking via the Internet being accorded a special prominence during the popular mobilization process. The sentiment could be summarized in different ways: ‘the impossible happened,’ ‘I never expected to experience this rising up of the people of Egypt,’ ‘We have our country back,’ ‘I have never been so proud to be an Egyptian.’ It was an upheaval with transformative potential, magnified and catalyzed by the immediately prior Tunisian rising, which exhibited what seemed to be an innovative form of largely nonviolent radical politics that almost miraculously wrote the script on the set of its unfolding while occupying Tahrir Square along with other less media exposed arenas of protest and opposition. (And not so incidentally, inspired the occupy movements that  spread around the world in the following months, with Occupy Wall Street being the appropriate epicenter.) It was treated as an amazing instance of ‘spontaneous empowerment’ at the time, although more knowledgeable observers and participants tended to stress a cumulative process with distinct roots in reactions to prior abuses by the Mubarak police apparatus and in important labor protest strikes.

 

            Of course, even during this period of afterglow, there were deep concerns in Egypt just below this surface of enthusiasm. There were a wide variety of cautionary reactions relating to the lasting significance of what had taken place, and skeptical viewpoints as to whether the deeper challenges of Egyptian poverty and class inequalities could be effectively addressed without a more ambitious political process that challenged and dismantled the institutional infrastructure of the old regime. On the one side were a variety of sentiments that expressed doubts about whether it was enough to be rid of Mubarak, and gave a range of opinions about what was not done and still needed to be done if Egypt would be able to find a path to sustainable and equitable social, economic, and political progress. This outlook was reinforced by the understanding that if forward momentum of this sort was not achieved post-Mubarak, the likely sequel would be regression. There was also widespread skepticism as to whether Egypt could both solve the problems of democratic transition and at the same time address the inequities and failures of the inherited neoliberal economy. Such a challenge could only be met through constituting a new economic order that was far more responsive to the needs of the Egyptian people and less hospitable to capitalist style investment, a process that would certainly undermine investor confidence, at least in the short-run.

 

            Egyptian friends expressed other concerns to me, as well, including worries about what the United States, and Israel, might be doing or plotting behind the scenes to embolden the armed forces to move in counter-revolutionary directions and reverse an emancipatory process that might threaten the regional status quo. There was an anxiety that these outside forces that had exerted such a strong influence in the former configurations of state power in Egypt would not give up their former leverage without trying to restore the substance, if not the form, of the old reliable order. It did seem at the time that democratizing forces were almost certain to become hostile in the future to the geopolitical arrangements favored for the region by Washington and Tel Aviv, and that the political self-determination of Egypt was threatened by the likely machinations of these external forces. At this stage, there was broad agreement that American support was one of the props of the discarded Mubarak leadership, and that Egyptian democracy depended on curbing Washington’s future influence.

 

            There was also debate in early 2011 about three elements of the domestic political scene: (1) whether the armed forces would facilitate or obstruct the establishment of a constitutional democracy in the country; (2) how to allow the Muslim Brotherhood to participate in political life while retaining the belief that it would be disastrous if it end up dominating the democratizing process; and (3) intense speculation about who would carry the presidential torch across the finish line.

 

            With respect to the MB there was uncertainty and controversy as to the orientation of its leadership, some suggestions of inter-generational conflict between the traditionally conservative older generation and a more modernity oriented and moderate younger generation. There was also disagreement as to whether its Islamic orientation was rather insignificant because its real goals were to promote private business interests and to gain access to the commanding heights of governmental authority. There were estimates at the time of MB strength as being somewhere between 25-30%, almost no mention of the Salafis as a political force to be reckoned with, and a liberal secular consensus that it was fine for the MB to take part in the political process, assuming that MB strength did not turn out to exceed those estimates. Some anti-Mubarak secularists did say that if it turned out that the true strength of the MB was 40% or more then Egypt would be in deep trouble of a not clearly specified nature. In effect, the secular consensus implicitly believed a year and a half ago that a political process dominated by the MB, even if it came about by democratic procedures, was unacceptable. But such a prospect was widely dismissed as so unlikely as not to be worth discussing. Implicitly, there were some prophetic fears even before the MB grassroots nationwide strength was disclosed in a series of electoral moments, that majoritarian democracy was not a legitimate outcome for Egypt. In a way, the MB seemed, at first, to acquiesce in this understanding, signaling their agreement by pledging not to compete for the presidency, presumably to avoid threatening the kind of ecumenical unity that was so powerfully displayed at Tahrir Square a few weeks earlier.

 

            The balance of opinion that I encountered in late February 2011 seemed to feel that an active role for the armed forces was a necessary feature for any successful transition to constitutional democracy. The alternative was assumed to be a descent into societal chaos, followed by economic collapse. On the role of the armed forces in the upheaval, there were differing assessments, some thinking that the military leadership had itself been eager to avoid a Mubarak dynasty, abhorring the prospect of power shifting to his younger son, and thus initially allowed, even welcomed the popular rising, so as to let the movement get rid the country of the Mubarak factor rather than to stage a coup on its own. Yet, the armed forces were certainly not willing to loosen their grip on the reins of power and privilege that included a major stake in the private sector economy, and thus favored a rapid return to societal normalcy. The surviving military leadership remained tied to an authoritarian style of politics, which was in effect, meant business as usual from the perspective of Tahrir activists. Others in Egyptian civilian society were more hopeful about the intentions of the armed forces believing that the upper echelons of the military, while not revolutionary, shared the reformist goals of the uprising, favored constitutional reforms, and sought to withdraw as quickly as possible from the political arena, limiting its role to facilitating order during a transition to a law-based political democracy.

 

            There were opposite worries, as well, in the afterglow of the Tahrir Square victories. Above all, a sense among those who understood politics in a conventional Western liberal manner that this movement that was so exciting during the days of struggle that culminated on January 25th lacked leadership, cohesion, program, and vision. As such, it would not be able to the challenges of the next phases–managing the practical procedures of governance or competing effectively in electoral arenas for a major role in policymaking circles. This innovative political revolutionary process had the short-term effect of allowing the battle for the future of the country to be waged by two essentially anti-democratic forces with hierarchical structures of organization that were at odds with kind of disorganized unity exhibited during the days of struggle in Tahrir Square: the MB and assorted remnants of the old order, an unholy alliance between the Mubarak beneficiaries, the old bureaucracy that had not been deconstructed, big business interests, economic sectors such as tourism and small shopkeepers, and Copts deeply worried about moves toward Islamism. This eventuality culminated in the presidential runoff between Mohamed Morsi and Ahmed Shafik.

 

            Many of those that had flooded the streets a year earlier never cohered sufficiently to envision ‘next steps,’ and seemed either to retreat from political arenas altogether or leave the field to those who were more traditionally organized to compete for power. On a more radical side were those who were outside the mainstream of the earlier uprising, but remained engaged on the basis of believing that the movement that took shape in Tahrir Square could only reach its necessary transformative goals if it persisted in a populist mode that kept the poor masses in Egyptian society fully mobilized. Among such activists there existed a shared conviction that the revolutionary process needed to be deepened in a spirit of urgency or else the system would quickly slip back to its old ways. This radical element while affirming the originality of the Tahrir style and outcomes rejected all efforts to achieve revolutionary goals by means of party politics and elections, including traditional leftist approaches. At the same time, without being willing to endorse a blueprint for transformation, radicals identified their preferred movement with the realization of a just and independent future for the country, especially for those Egyptians so long disempowered and barely subsisting. This Egyptian radicalism remained committed to the Tahrir politics based on maintaining popular unity across the typical divisions of class, religion, and ethnicity, without advocating its own program or promoting particular leader, affirming the continuing need for confrontational tactics, and comfortable with the idea that chaos might ensue and persist for some years. Chaos was accepted as the price that must be paid if the movement that overthrew Mubarak was to grow into a genuine ‘revolution,’ and not degenerate into either a ‘counter-revolution’ or a species of ‘liberal reform’ that left the majority of Egyptians in as miserable a shape as during the Mubarak era.  In the end this radical vision was based on beliefs in local empowerment and emancipation, the creativity of people, a robust labor movement, and a bottom up view of political reconstruction, rejecting both MB and liberal secular views of top down political order. This radicalism drew its inspiration from a sense that a new kind of transformative politics had been revealed in Tahrir Square, but that it was a flowering that would wilt if not nurtured by an uncompromising insistence that the wellbeing and dignity of the Egyptian masses was the core challenge, and could not be achieved by elections, parties, and government.

 

            As for the impending electoral process, there was an emphasis on speculation about the presidency. Who? When? Among Cairo liberals who had been uncomfortable with the Mubarak past, but had long coexisted with it, there was a widespread sense that Amr Moussa would prevail. Moussa was not fully trusted even among secular liberals to advance the democratic values that were affirmed by all who had gathered in Tahrir Square and other city public spaces throughout the country. Although long prominent in the Mubarak regime, Moussa had jumped ship early enough to have mainstream credibility, and was thought to be on good terms with the military, moderate in relation to the MB, and widely known inside and outside of Egypt having serverd both as Foreign Minister and Secretary General of the Arab League. There was also some enthusiasm for the candidacy of Mohamed ElBoradai, former head of the International Atomic Energy Agency and Nobel Peace Prize laureate. More than Moussa, ElBoradei had clean hands, having been outspoken in his rejection of the Mubarak past and appearing along side the Egyptian activists in the square. At the same time, his prospects were discounted because he lacked a national political base, was not an effective speaker or experienced as a politician, and was perceived as an outsider who had lived too long in foreign countries. The more radical voices were dismissive of this preoccupation with who would emerge as the leading candidate or how political parties would fare, believing that their kind of politics would need to discover how to govern without a government of central institutions, an inchoate vision of the need for a ‘new politics’ and a distinct lack of confidence, even interest, in the vagaries of ‘old politics’ (parties, elections, bureaucratic institutions, governmental leadership), in effect, what was being sought was a ‘human security regime’ that had never been established anywhere, ever. At the time, such dedication was at once moving and troublesome, an embrace of what Derrida called ‘democracy to come’ with a kind of trust that the modalities of enactment would be discovered in the process of struggle.

 

II. Treading Water

 

            A year later in early 2012 these divisions persisted but hardened, and anxieties seemed far more intense, and the aura of excitement that followed  the victory of the January 25th Movement had definitely receded. There was, first of all, a new sense of impatience, especially among those who needed economic normalcy if their livelihoods were to be sustained. I met tourist guides at the pyramids and storekeepers in Cairo who expressed disappointment about the results of the upheaval of a year ago, acknowledging that while they had originally been glad to see the end of the Mubarak regime, they had fared personally better back then, and seemed ready to support whatever leadership that could restore stability. Even a

 

            On a different level of perception, the far greater than expected strength of the MB in the intervening parliamentary elections, as well as the abandonment of the early MB pledge not to field a presidential candidate and the surprisingly strong showing of the Salafis, changed the electoral landscape considerably. It was evident that the folks in Cairo were out of touch with the grassroots sentiments of a conservative society imbued with an Islamic identity. This assessment was discounted by liberal critics who explained MB dominance as misleading, representing an underestimation of its organizational strength. The Salafi emergence was similarly discounted by secularists as being mainly a product of Qatari and Saudi Arabian massive infusion of funds, but also as a consequence of the fact that in the past Salafi groups had shunned conventional party politics. All in all there were widespread and growing worries about the Islamization of Egyptian political life, with threats to civic freedoms, constitutional democracy, and the labor movement.

 

            The biggest development was the definite undertaking of the Supreme Council of the Armed Forces (SCAF) to undertake the task of establishing order in Egypt, and assuring a measure of continuity with the past. Although the SCAF leadership insisted that it was only managing the transition, its autocratic style, the recurrence of state violence and torture, and its reluctance to hold Mubarak operative accountable for past crimes intensified suspicions that SCAF ambition was to control the political future of the country. The SCAF also seemed to constrain democratic choice by disqualifying on highly technical grounds several presidential candidates.

The process had gone so far that ElBoradai withdrew as a candidate, and Moussa no longer seemed a favorite to win.  Among the negative scenarios that were being discussed during this period in various forms was the idea that the MB and the armed forces had struck a deal that doomed the future of the country to an unacceptable political future.

 

III. Late November, Early December 2012

 

            Of course, lots had happened. The presidential race had run its course in two rounds. The runoff was between Mohammed Morsi of the MB and Ahmed Shafik a former air force commanding general and outspoken advocate of a ‘law and order’ presidency, the two leading Egyptian institutions with least in common with the spirit of Tahrir Square. The SCAF seemed to hesitate before finally declaring Morsi the winner in a closely contested final vote, and even then appeared determined to constrain presidential power, but Morsi struck back, retiring the top generals, and effectively asserting presidential authority. Morsi also moved to entrust the drafting of the constitution to a commission of the Parliament dominated by Islamists, and now subject to a national referendum scheduled for December 15th. Then came Morsi’s November 22nd bombshell that claimed presidential authority to issue decrees that could not be judicially reviewed, but in response to the protests, has been substantially rescinded, although sweeping powers have been asserted by Morsi to control future demonstrations and protect the polling process relating to the referendum on the draft constitution. As matters now stand, the opposition is not pacified, and repudiates the process by which the draft constitution was prepared and the substance of several provisions that give the text an Islamic slant, as well as the failure to affirm the equality of women, labor rights, and the Universal Declaration of Human Rights and other international human rights treaties.

 

 

            The anti-Morsi forces have returned en masse to Tahrir Square with an agenda that seems to demand a reversal of these recent developments, which would plunge the country into a deep crisis or an insistence on following through with the adoption of a constitution that was seen as flawed in its endorsement of Sharia law as the basis of state/society relations and by its deference to the anti-democratic demands of the armed forces (including a non-reviewable defense budget, the right to try civilians in military courts, protection of vested interests in the economy).

 

            So far there have been almost daily clashes, some deadly, in Tahrir Square and throughout the city of Cairo, and in other cities around the country. There are several lines of response to these developments: the dominant one applauds the return to the streets to renew the struggle for democracy and economic equity based on its claim that the MB has an undisclosed plan to impose an authoritarian form of Sharia on Egypt with backroom alliance with the armed forces and neoliberal business and finance interests; the opposition claims to be fighting for an inclusive and pluralistic form of democratic political order, which recognizes as stakeholders in constitution-making, the several distinct communities that together make up Egyptian society, including seculars, Copts, and liberals. Another more radical assessment is that the fundamental issue involves the utter bankruptcy of conventional state-centered politics coupled with the complaint that ‘nothing has changed, absolutely nothing.’ What seems to be happening, expressed in the fighting and the mass protests, is a new subjectivity associated with local empowerment in specific communities and among societal sectors, especially women and labor. It is striking that pictures of the confrontation give prominence to women as a major presence among opposition forces, while those that seem to be all male are taken from visual representations of the ranks of MB militants.

 

IV. A Few Tentative Conclusions

 

            In the end, there are several issues, which have come to the surface in this unfolding Egyptian drama:

 

            –a deep division as to the nature of political legitimacy in the Egyptian context, with Islamists resting their claims on the will of the majority, what in

the American 18th century context was derided as ‘the tyranny of the majority’,  while the opposition insists on stakeholder democracy that is protective of distinct constituencies that are fearful of each other and of a Sharia Egypt; in this light, both sides seem uncompromising, and resting their encounter on contradictory views of democratic legitimacy;

            –a new fear that the rise of the MB is leading to the hijacking of the Egyptian Revolution by the forces of Islam in a manner that took place in Iran in 1979; in effect, that it is unacceptable to have Egypt governed by the MB no matter what the outcome of a series of elections. This unacceptability is accentuated by accusations that the MB has made deals with the armed forces and neoliberalism, the two most resented features of the Mubarak past. In this regard, no compromise is possible so long as Morsi remains president, and the unrest will continue. This rejectionist position has been expressed by the announced boycott of the December 15th referendum, which has been interpreted as a recognition that it would in any event prevail. In this respect, the opposition is staking its future on resistance rather than democratic procedures, although a less extreme reading would stress the refusal of Morsi to delay the referendum as demanded. The opposition believes that Egyptians have lost their fear of state power, learned to say ‘no,’ and that while repression may turn to harsh measures, it will not be able to achieve legitimacy or even stability;

 

            –a few brave souls in Egypt are sharply critical of and disturbed by this polarization, insisting that common ground exists among the contending forces, and must be found to avoid national disaster. The claim is that Morsi is far more sensitive to the pluralist claims than the opposition contends, although he has made serious ‘mistakes’ by pushing the panic button that have alarmed opposition elements. In practical terms, the draft constitution is not as flawed as claimed, and that the Morsi leadership has indicated a willingness to be receptive to accommodating amendment in the likely event that the referendum is approved. Similarly, that the opposition has over-reacted, rejected the democratic mandate of the electoral process, and risks pushing the country into a civil war.

 

            

Visit to Gaza: UN Press Release

6 Dec

(I recently completed a mission to the Gaza Strip, entering by way of Egypt at the Rafah Crossing; as I am now in Doha attending the final days of the UN Climate Change negotiations, I have had no chance to write a post describing the moving and difficult circumstances that confront the people of Gaza, and the hopes and disappointments that followed the ceasefire that followed the Israeli onslaught; there are concerns about whether it will be fully implemented in accordance with expectations, and if not, whether events will move toward renewed cross-border violence. There are new hopes and complexities on two further fronts: the aftermath of Palestinian success in being confirmed as a non-member state by the General Assembly on November 29, and the new priority being accorded to reconciliation between the Palestinian Authority and Hamas. More than ever since Hamas assumed governing authority in June 2007, foreign leaders have been visiting Gaza, according Hamas an upgraded diplomatic status)

 

 

Israel must abide by cease-fire agreement in the Gaza Strip       

 

CAIRO (5 December 2012) – Concluding his week-long mission to the region, Mr. Richard Falk, Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967, called on Israel to abide by and fully implement the cease fire agreement that ended the recent crisis with Gaza.

 

“The initial purpose of my visit was to assess the overall impact of Israel’s prolonged occupation and blockade against the Gaza Strip, which is an integral part of Palestine,” Mr. Falk explained, “however there arose an urgent need to investigate Israel’s seemingly deliberate attacks against seemingly civilian targets during recent hostilities. We visited the sites of attacks and spoke with surviving family members. It is clear that some attacks killed and harmed civilians in a grossly disproportionate manner and thus clearly appear to violate international law.”

 

The Special Rapporteur continued, “There is a widespread feeling among Palestinians that Israel is above the law, and that Israel is likely to continue to have the benefits of impunity even when it flagrantly violates international humanitarian law.  Experience has shown that Israel fails to meet its international obligation to promptly and impartially investigate its own actions. Experience has also shown that Israel is not likely to carry out its obligations under the cease fire agreement; indeed during our visit we heard Israeli warplanes flying directly overhead and received reports of Israeli military incursions into the Gaza Strip.”

 

For the Special Rapporteur, “Sustained pressure from the international community, including both Governments and civil society, is essential to secure Israel’s the full implementation of the cease fire agreement, without which it is extremely unlikely to hold. Worldwide support for the recent General Assembly resolution that made Palestine a non-Member observer State should serve as a starting point for the more concerted international protection of Palestinian rights.”

 

The Special Rapporteur stressed that talks to clarify how certain aspects of the cease fire agreement will be implemented, in particular with regard to access to maritime and agricultural resources, must be swiftly concluded.  “Every day Palestinian fishermen and farmers risk being shot at or detained by Israeli forces. Already since the agreement was reached, Israel has detained 13 fishermen, confiscated 4 fishing boats and sank another fishing boat.  Such actions signal an Israeli intention to maintain the continuity of its coercive style of occupation rather than explore whether implementing the ceasefire, agreement might not lead toward a more relaxed atmosphere and a more hopeful future.”

 

“At the same time, Palestinians and the international community are confronted with huge challenges to address underlying problems that have been severely aggravated by Israel’s occupation and blockade.” The Special Rapporteur pointed to the urgent need for access to clean water and sanitation, productive agricultural land, and new infrastructure. “We received extensive briefs on what could be done if sufficient resources and political will are made available. One example is the construction of a desalinization plant to meet urgent water and agricultural needs, but in many such cases funding is not forthcoming as donors are reluctant to invest in infrastructure projects that Israel is likely to bomb in one of its periodic large-scale attacks against Gaza.”

 

According to Mr. Falk, “Unless these underlying problems are addressed soon, it appears that Gaza will be uninhabitable by 2020, as predicted by a recent United Nations report. Some of the experts with whom we spoke actually believe that 2016 is a more reasonable assessment.  This indicates the gravity of the human rights crisis in the Gaza Strip.”

 

The Special Rapporteur noted that his visit to the region consisted of meetings in Cairo and the Gaza Strip, with Governmental, inter-governmental and civil society representatives, as well as victims and witnesses.  He received helpful briefings from UNRWA and other United Nations agencies, which provided an in-depth picture of the magnitude of the challenges in Gaza and the difficulties of addressing such challenges in a situation of occupation and blockade.  He expressed his special appreciation to the people of Gaza and those international civil servants with whom he spoke for their support and engagement.

 

Mr. Falk’s next report to the Human Rights Council, which he intends to present in June 2013, will fully address the many concerns that were raised during the mission.

 

ENDS

 

In 2008, the UN Human Rights Council designated Richard Falk (United States of America) as the fifth Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967. The mandate was originally established in 1993 by the UN Commission on Human Rights. Learn more, log on to: http://www2.ohchr.org/english/countries/ps/mandate/index.htm

OHCHR Country Page – Occupied Palestinian Territory: http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx
OHCHR Country Page – Israel: http://www.ohchr.org/EN/Countries/MENARegion/Pages/ILIndex.aspx

 

Special Procedures of the Human Rights Council:

http://www2.ohchr.org/english/bodies/chr/special/index.htm

 

Thematic mandates: http://www2.ohchr.org/english/bodies/chr/special/themes.htm

 

Country mandates: http://www2.ohchr.org/english/bodies/chr/special/countries.htm

 

For further information and media requests, please contact Kevin Turner (+41 79 201 0122 kturner@ohchr.org)

 

For media inquiries related to other UN independent experts:

Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

 

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Observing the International Day of Solidarity with the Palestinian People in Cairo

29 Nov

(text of my remarks delivered in Cairo at joint UN/Arab League ceremony marking the observance of the 2012 International Day of Solidarity with the Palestinian People, 29 Nov 2012, some 10 hours prior to the historic vote in the UN General Assembly)

 

 

 

Your Excellency, Dr. Nabil Elaraby, Secretary General of the League of Arab States

H.E. Barakat Al Fara

H.E. Amre Dou Al Atta

Dr. Mohammad Gimi’a

Bishop Macos

Excellencies, Distinguished Guests, Ladies and Gentlemen:

 

It is an exceptional honor and challenge to speak on such an occasion. We meet at a tense historical moment with heavy potential consequences for the Palestinian people and for the peoples and governments of the region. I along with many others throughout the world share Nelson Mandela’s view that the denial of Palestinian rights remains the “the greatest moral issue of our time.” This 2012 International Day of Solidarity with the People of Palestine possesses a special significance. A ceasefire ending the latest orgy of violence afflicting the two societies, but especially affecting the people of Gaza, has been agreed upon just over a week ago, and appears to be holding.  And in a few hours the Chairman of the Palestinian Liberation Organization and President of the Palestinian Authority, Mahmoud Abbas, is scheduled to ask the UN General Assembly to recognize Palestine as a non-member observer State within the UN, a status similar to that of the Vatican. When this initiative is approved later today it means an upgraded status for Palestine within the UN System, including probable access to other organs of the UN.

 

Meeting here in Cairo on this occasion has an added resonance. It was the Egyptian government that played such an instrumental role in producing the ceasefire in Gaza, and it is the democratization of Egypt that has done more to improve Palestinian prospects than any other recent regional or international development. It also raises expectations that Egypt will in the future exert its influence to bring this conflict that has lingered far too long to a just end by working toward a peaceful solution based on the recognition of Palestinian rights under international law. Nothing would better convey to the world that the Arab Spring represents a regional declaration of independence from the dominion of external influence. In doing so it would enlarge upon the earlier historic achievement of unexpectedly bringing about the downfall of a series of dictatorial regimes reigning throughout the Middle East.

 

Those innocent Palestinians who lost their lives and were injured during the latest Israeli military attack upon Gaza should be remembered and mourned on this day as martyred victims of Israel’s latest onslaught. This attack was carried out with ferocity and using the most modern weaponry against an essentially entrapped and acutely vulnerable people. We should be thankful that this latest violent interlude has come to an end, and all of us should resolve to work toward the good faith implementation of the ceasefire agreement not only with respect to the violence, but in its entirety. Such an implementation would uphold what was achieved through the energetic and flexible diplomacy of Egypt, and other regional forces.

 

There are already disquieting signs that Israel is downplaying the conditions set forth in the ceasefire text, especially those pertaining to a prohibition on future targeted assassinations and on establishing the mechanisms mandating the opening of the Gaza crossings. The blockade of Gaza imposed by Israel in mid-2007 is nothing other than the collective punishment of the entire Gazan population, and hence a flagrant violation of Article 33 of the 4th Geneva Convention. If the ceasefire agreement is faithfully carried out the blockade will finally be brought to an end, after more than five years of punitive closure. Goods and persons will be able to flow in both directions across the borders between Israel and Gaza. This is unlikely to happen without concerted pressure from Israel’s neighbors. Israeli officials are whispering behind the scenes that nothing more was agreed upon, despite the clear language of the brief ceasefire text, beyond the cessation of the violence. The Israeli claim is that everything else was a mere pledge to discuss, without any obligation to act. Such a disappointing of the Palestinian expectations must not be allowed to happen. Without implementation of the full agreement, this ceasefire will evaporate in a cloud of smoke, the rockets soon will again fall on Israel, and Gaza will again become a killing field while the world once more looks on helplessly at this awful spectacle of an ultra-modern war machine killing and maiming at will, and once more terrifying with unforgiveable impunity the entire civilian population of Gaza.

 

Such a situation presents the regional and world community with both a responsibility and an opportunity. As I have suggested, without pressure brought to bear Israel is unlikely to implement the ceasefire. There are levers of influence that can be pulled, and if they are, it will convey a new seriousness on the part of Arab governments, to take concrete measures to enforce the international legal rights of the Palestinian people. States such as Egypt and Jordan have peace treaties with Israel that can be suspended due to fundamentally changed circumstances or diplomatic relations downgraded or even drawn into question. The more affluent Arab governments could commit to supplying UN agencies with funds to offset any refusals to pay the normal assessed financial contributions of Israel and its friends. There are many concrete steps that can be taken if the political will to do so is present.

 

Shockingly, Michael Oren, Israel’s ambassador at the United States, declared a few days ago that in this recent attack, ‘Israel was not confronting Gaza, but Iran.” He added that the attack on Gaza should be understood as ‘a rehearsal’ for militarily engaging Tehran. Such an acknowledgement is tantamount to a public confession by a high Israeli official to commit crimes against humanity, spilling Palestine blood so as to play what amounts to a war game to test how effective the Iron Dome would likely be in dealing with Iranian rockets expected to be released in the aftermath of an Israeli attack, if in fact Israel actually goes ahead with such a military venture at odds with the UN Charter.  

 

This assertion by someone of Ambassador Oren’s stature reinforces the call to the UN Human Rights Council to form a high level fact-finding mission to Gaza that evaluates allegations of war crimes on all sides of the struggle as was done with mixed results after the Gaza War of 2008-09. Such a step has been proposed in a letter of 22 November 2012 to Navi Pillay, the High Commissioner for Human Rights, from the highly respected director of the Palestine Centre for Human Rights, Raji Sourani. I believe firmly that it is our responsibility as citizens of the world, and especially those of us associated with the UN, to do whatever necessary to avoid having flagrant violations of international humanitarian law being swept under the diplomatic rug. Further, it my hope that this time, unlike the unfortunate experience with the Goldstone Report four years ago, that whatever recommendations are made to the UN do not get buried beneath the weight of geopolitical influence, but are carried out in a timely and diligent manner. The UN to be credible and relevant to the aspirations of the Palestinian people must at this time move beyond its authoritative and oft repeated affirmation of inalienable Palestinian rights under international law to the undertaking of concrete steps designed to implement those rights.

 

Ambassador Oren’s comments are revealing in another way. They are an extreme example of Israel’s frequent reliance on ‘a politics of deflection’ to divert attention from their highest priority concerns. Such deflection takes various forms. On a simple level it means attacking the messenger to avoid the message, or claiming that the UN is biased so as to avoid discussing the abuses alleged. Such a pattern was epitomized by the recent unlawful and criminal attack on journalists in Gaza, in effect eliminating the messenger to prevent delivery of the message. On a more complex level it means shifting attention away from the real drama of the occupation. Periodic attacks on Gaza totally redirects the attention of the world away from Israel’s expansionist projects. It should be clear to all by now that Israel’s highest priorities in Occupied Palestine are associated with their controversial and unlawful settlement activity in the West Bank and East Jerusalem. Israel builds an unlawful security wall on occupied Palestinian territory, in the course of which it seizes additional Palestinian land, and when the World Court declares this unlawful wall should be torn down and Palestinians compensated for the harm done, Israel callously attacks the highest judicial body of the UN and carries on with its construction efforts without suffering any adverse effects.

 

Similarly, Israel continuously expands its settlements and has made a recent major move to legalize its approximately 100 ‘outposts,’ smaller settlements that had been previously illegal even under Israeli law. The attention of the world is guided toward Gaza, while settlement building gets a free pass. The passage of time is not neutral. For Israel is allows expansionist policies to move forward uninterrupted, for the Palestinians it diminishes ever further their prospects for realizing their primary goal of sovereign territorial statehood. It is part of the Palestinian tragedy that the international community and the media are so easily manipulated. Responsible action requires vigilance, and it is a positive step in this regard that the HRC authorized a fact-finding mission to assess the settlement phenomenon from the perspective of international law and human rights standards. This is a concrete step that represents an effort to refocus world attention where it belongs. Make no mistake. Every additional settler, every new settlement outpost, is one more nail in the coffin of the two state consensus.

 

In considering the Palestinian situation, it is misleading to become preoccupied, as is the case with the Western media, with pinning the blame on one side or the other for a particular breakdown of the precarious armed truce that exists. More relevant is an appreciation of the broader context. As Sara Roy, a Harvard specialist on Gaza, reminds us, “The current crisis is framed in terms devoid of any real context. The issue goes far beyond which side precipitated the terrible violence that has killed innocents on both sides. The issue—largely forgotten—is one of continued occupation and blockade, a grossly asymmetrical conflict that has deliberately disabled Gaza’s economy and people.” (Boston Globe, Nov. 23, 2012). This defining reality of the occupation applies, of course, to all of occupied Palestine, but the asymmetry of human loss is particularly evident in relation to Gaza, and is partly conveyed by a comparison of the grisly statistics of death: more than 160 Palestinians, and 5 Israelis. According to figures compiled by the Israeli human rights NGO, B’Tselem between the ceasefire established in January 2009 and the outbreak of this recent cycle of violence not a single Israeli had been killed, while Israeli violence was responsible for 271 Gazan deaths.

 

Looking at the overall casualty ratios, the Israeli journalist, Gideon Levy, writing in Ha’aretz (25 Nov 2012), observes the following: “sometimes numbers do reflect reality, and this reality can no longer be ignored. Since the first Qassam rocket fell on Israel in April 2001, 59 Israelis have been killed –and 4,717 Palestinians. The numbers don’t lie, as they say in less lethal fields, and this proportion is horrifying.” It should help us realize that Israel had an alternative to this turn once more toward mass mechanized violence directed against an occupied people enduring a siege that is crippling its society materially and bringing the mental and physical health of the Gazan population to a point of near collapse.

 

 

In my role as UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories, I have tried to move in this proposed direction, that is, from rhetoric to action, in my most recent report to the General Assembly. I have recommended a boycott of those corporations that do business with unlawful Israeli settlements, naming several of the prominent corporations making profits in this unacceptable manner. We also voiced support for the ongoing international civil society campaigns of boycott originated by a coalition of Palestinian NGOs in a call that dates back to 2004. These are practical steps taken only after efforts by way of confidential communications with these corporations had failed to persuade them to live up to their legal and moral responsibilities to respect for human rights. This encouragement of civil society also recognizes that other political actors have failed to live up to their responsibility as members of the organized international community. When Israel a member state of the UN fails to cooperate and is guilty of persistent gross violations of international law, then something should be done in reaction. It is notable, and regrettable, that the most direct challenges to the unlawful blockade of Gaza have come, not from the UN or from member states in the region and beyond, but from civil society in the form of the Free Gaza Movement and the Freedom Flotilla. It is equally notable that the most serious challenges to Israel’s archipelago of expanding settlements has been mounted by the BDS Campaign of solidarity with the Palestinian people and not by states or international institutions.

 

We should also remember Rachel Corrie, in this connection, an American peace activist who was brazenly killed by an Israel bulldozer almost ten years ago while trying to stop the demolition of a Palestinian home in Rafah. Rachel was an idealistic young woman who pierced the dehumanizing myths surrounding the plight of the Palestinian people. In a letter to her mother back in Olympia, Washington Rachel just days before her death she wrote, “I have bad nightmares about tanks and bulldozers outside our house and you and me inside.” It is such brave persons who bear witness to the daily ordeal being experienced by Palestinians, not just for days or months, or even years, but for decades and generations. It should not have been necessary for Rachel Corrie to sacrifice her life in this manner if the world system had done its job of enforcing the rights of the long oppressed Palestinian people. We who have witnessed and documented these realities of oppression must do our best to honor Rachel Corrie’s legacy.

 

 

The time has come for practical measures that back up UN assessments of Israeli unlawfulness.  This unlawfulness is sustaining a cruel and prolonged occupation of Palestine that has over time assumed the character of territorial expansionism coupled with an apartheid structure of control. As many as 600,000 Israeli settlers are fully protected by the Israeli rule of law while Palestinian residents of the West Bank and East Jerusalem are held captive decade after decade without rights and without the protection of law. Such conditions are often worsened by prison detentions and lifelong confinement in refugee camps, either within Palestine or in neighboring countries. It is an intolerable status quo, and has been for a period spanning several generations of Palestinians. The international community recently, with much fanfare, avowed ‘the responsibility to protect’ as a new international norm intended to guide the UN in responding to situations of humanitarian catastrophe. Only the maliciousness of geopolitics can explain why the people of Palestine, and especially the residents of Gaza, have not been given the protection that they so desperately need, and deserve. It seems time to challenge this maliciousness in the name of peace and justice, and the

dignity of a people whose inalienable right of self-determination has been too long denied. A starting point might be the deployment of UN peacekeepers to monitor adherence to the ceasefire. The Palestinians are the most glaring example in this post-colonial era of a people who have not managed to gain their independence and national sovereignty despite almost 65 years of struggle, strife, and humiliation.

 

Prolonged occupation is a special condition that deserves a special recognition that it has not yet received. The occupation of the West Bank, East Jerusalem, and Gaza since 1967 exacts a terrible cost from the captive population. The framework provided by international humanitarian law, while helpful in situations of short term occupation, falls far short of its claims to offer the protection needed when an occupation extends beyond ten years. One aspect of occupation is to silence those who represent the people of such a society. The UN General Assembly is being given an opportunity to take belated account of this situation on this very day by recognizing and acknowledging Palestinian statehood, something 132 governments have already done by establishing diplomatic relations with Palestine. The very least that a people living for more than 45 years under occupation deserve is this right of access to the institutions of the world to present their grievances on a global stage, to have a voice, and if not a full-fledged seat at the tables of decision, at least a stool. Let us hope that the UN General Assembly will give us all something positive to celebrate on this International Day of Solidarity.

 

Let me bring these remarks to a close with several observations:

–I think the most important lesson that can be learned by all sides is that political violence is not the answer. It brings neither security nor liberation. Such learning is particularly important for the militarily superior side that often wrongly associates its future security with a willingness to make use of its military dominance. What recent history has shown, and not only in relation to Israel/Palestine, is that political outcomes are at sharp odds with military outcomes. The United States essentially won every battle in Vietnam yet lost the war. An Afghan saying makes the same point: “you have the watches, we have the time.”

 

What follows from this is obvious: if political violence begets more political violence, then it is time for the stronger side to turn to diplomacy, compromise, respect for law and rights. Until Israel appreciates that its security can only be achieved by turning to peaceful means, there will be insecurity for both Israelis and Palestinians, the dance of death will go on. It was only when the British made this switch that the conflict in Northern Ireland changed from being ‘irreconcilable’ to becoming ‘negotiable,’ and a substantial peace followed.

 

This is a time when the test of solidarity with the struggle of the Palestinian people needs to be expressed by deeds, by walking the walk, no longer being content with talking the talk. It is time for civil society actors throughout the world to lend robust support to the BDS Campaign. It is time for governments to consider the sort of economic sanctions so effectively imposed on the South African apartheid regime. It is time for the UN to accord recognition of statehood to any people that has been occupied for more than ten years starting with the people of Palestine. It is time for the members of the Quartet, which includes the UN, the EU, Russia, and the United States to explain to the world how it imagines a Palestinian state to be possible in light of Israel’s continued settlement expansion and the related determined attempt to give East Jerusalem a distinctly Jewish character. Without such an explanation it is bad faith, and a trap for the Palestinians, to urge a return to another diversionary round of negotiations, a roadmap to nowhere!

 

In other words, it is time for us finally, wherever and whoever we are, to act responsibly toward the Palestinian people. The great Jewish religious teacher, Abraham Heschel, expressed this sentiment with memorable words: “Few are guilty, all are responsible.”

 

I want to give the last words to the extraordinary Palestinian poet, Mahmoud Darwish, some lines from his long prophetic poem, “Silence for Gaza,”

written in 2007, but more relevant today than when written. These lines refer to the plight of Gaza, but they apply as well to all Palestinians, whether living under the yoke of occupation, in refugee camps, or consigned to an involuntary diaspora throughout the world:

 

            Enemies might triumph over Gaza (the storming sea might triumph

            Over an island…they might chop down all its trees)

 

            They might break its bones.

            They might implant tanks on the insides of its children and women.

            They might throw it into the sea, sand, or blood

            But it will not repeat the lies and say ‘Yes’ to invaders.

            It will continue to explode

            It is neither death, nor suicide. It is Gaza’s way of declaring that it

            deserves to live. It will continue to explode.

            It is neither death, nor suicide. It is Gaza’s way of declaring that it

            deserves to live.

 

                        [translated by Sinan Antoon from Hayrat al-‘A’id (“The Returnees  Perplexity, Riyad al-Rayyis, 2007]

The Gaza Ceasefire: An Early Assessment

24 Nov

 

The Gaza Ceasefire, unlike a similar ceasefire achieved after Operation Cast Lead four years ago, is an event that has a likely significance far beyond ending the violence after eight days of murderous attacks. It is just possible that it will be looked back upon as a turning point in the long struggle between Israel and Palestine. Many have talked about ‘the fog of war,’ but it pales besides the ‘the fog of truce making,’ and in our media-infected air, the outcomes along with conjectures about the future are already being spun in all possible directions. Supporters of every position give their own spin, and then proclaim ‘victory.’ But as with the violent phases of the conflict, it is clarifying to distinguish the more persuasive contentions and interpretations from those that are less persuasive. What follows is one such attempt at such clarification.

It remains too soon to tell whether the ceasefire will hold for very long, and if it does, whether its central provisions will be implemented in good faith. At this early moment, the prospects are not promising. Israel has already used excessive violence to disperse Palestinian civilians who gathered on the Gaza side of the border, with a few straying across into Israel, to celebrate what they thought was their new freedom now to venture close to the border. This so-called ‘no-go-area’ was decreed by Israel after its 2005 ‘disengagement’ has been a killing field where 213, including 17 children and 154 uninvolved, had lost their lives according to Israeli human rights organizations. Israeli security forces, after firing warning shots, killed one Palestinian civilian and wounded another 20 others with live ammunition. The Israeli explanation was that it had given warnings, and since there had been no agreement on new ground rules implementing the ceasefire, the old regime of control was still in place. It is notable that Hamas protested, but at this point has made no moves to cancel the ceasefire or to retaliate violently, but the situation remains tense, fragile, and subject to change.

Putting aside the precariousness of the current situation and the accompanying uncertainties, it remains useful to look at the process by which the ceasefire was brought about, how this sheds light on the changing dynamics of the conflict itself, as well as discloses some underlying shifts in the regional and global balances of forces.

First of all, the role and outlook of the Arab governments was far more pro-active than in past interludes of intensified Israel/Palestine violence. During attacks several leading foreign ministers from the region visited Gaza and were received by the Hamas governing authorities, thus undermining the Israeli policy of isolating Hamas and excluding it from participation in diplomacy affecting the Palestinian people. Egypt played the critical role in brokering the agreement, and despite the Muslim Brotherhood affiliation of its leaders. Mohammed Morsi, the Egyptian President, emerged as the key diplomatic figure in the process and widely praised by the West for his ‘pragmatism.’ This can be understood as recognition of Morsi’s capability as a statesman to address the concerns of both sides without intruding his own pro-Palestinian outlook. Indeed, the auspices of this brokered agreement inverted what Americans have brought to the table in past negotiations, a pretension of balance, a reality of partisanship.

Secondly, the text of the agreement implicitly acknowledged Hamas as the governing authority of Gaza, and thereby gives it, at least temporarily, a greatly enhanced status among Palestinians, regionally, and internationally. Its claim to be a (not the) legitimate representative of the Palestinian people has now become plausible, making Hamas a political actor that has for the moment been brought in from the terrorist cold. While Hamas is almost certain to remain formally ‘a terrorist organization’ in the eyes of Israel, the United States, and Europe, throughout this just concluded feverish effort to establish a ceasefire, Hamas was treated as if ‘a political actor’ with sovereign authority to speak on behalf of the people living in Gaza. Such a move represents a potential sea change, depending on whether there is an effort to build on the momentum achieved or a return to the futile and embittering Israeli/U.S. policy of excluding Hamas from diplomatic channels by insisting that no contact with a terrorist organization is permissible or politically acceptable. Correspondingly, the Palestinian Authority, and its leader, Mahmoud Abbas, have been for the moment awkwardly sidelined, overshadowed, and made to appear irrelevant in the midst of this latest terrible ordeal affecting the Palestinian people. It is puzzling why such an impression was fostered by the approach taken by all the diplomatic players.

Thirdly, Israel accepted as integral conditions of the ceasefire two sets of obligations toward the people of Gaza that it would never have agreed to before it launched its Pillar of Defense Operation: (1) agreeing not to engage in “incursions and targeting of individuals” and (2) agreeing to meet so as to arrange for the “opening the crossings and facilitating the movements of people and the transfer of goods, and refraining from restricting residents free movement, and targeting residents in border areas.” If implemented in good faith by Israel, this means the end of targeted assassinations and it requires the lifting of the blockade that has tormented Gaza for more than five years. These are major setbacks for the Israeli policy, although Hamas is obligated to stop sending rockets from its territory. The political acceptance by Tel Aviv of a prohibition on targeted assassinations, if respected, renounces a favorite tactic of Israeli governments for many years, which although generally regarded as illegal was still frequently relied upon by Israel with impunity. Indeed, the most dramatic precipitating event in the recent controversial unfolding crisis timeline was the killing of Ahmed al-Jabari on 14 November, a military/political leader of Hamas, who at the very time was negotiating a truce relating to cross-border violence. Unraveling the competing claims of acting defensively should at least acknowledge this complexity that makes polemical the contention that only one side is responsible. The Obama administration, with its usual deference to Tel Aviv, misleading told the story of the sustained violence as if only Israel was entitled to claim a defensive prerogative.

Fourthly, the role of the United States, while still significant, was considerably downsized by these other factors, especially by the need to allow Egypt to play the main role as arbiter. Such a need was partly, no doubt, a consequence of Washington’s dysfunctional insistence of continuing to avoid any direct contact with Hamas officials. This Egyptian prominence suggests a trend toward the regionalization of Middle East diplomacy that diminishes the importance and seriously erodes the legitimacy of extra-regional interference. This is bad news for the Israelis and for the United States. Turkey, a state with bad relations with Israel, also played a significant role in defusing the escalating crisis.

There exists a revealing gap between the U.S. insistence all along that Israel’s use of force was fully justified because every country has the right to defend itself and the ceasefire text that placed restrictions on future violence as being applicable to both sides. After the ceasefire, the United States needs to make a defining choice: either continue its role as Israel’s unconditional enabler or itself adopt a more ‘pragmatic’ approach to the conflict in the manner of Morsi. If the United States remains primarily an enabler, its diplomatic role is likely to diminish rapidly, but if it decides to adopt a balanced approach, even if quietly, it might still be able to take the lead in establishing a real peace process that is sensitive to the rights of both sides under international law. To make such a shift credible, President Obama would have to make a major speech to the American people at some point explaining why it is necessary to choose between partisanship and diplomacy in reshaping its future relationship to the conflict. However sensible such a shift would be both for American foreign policy and the stability of the Middle East, it is highly unlikely to happen. There is nothing in Obama’s resume that suggests a willingness to go to the people to circumvent the dysfunctional outlook of special interest groups that have dominated the way the U.S. Congress and the media present the conflict.

Fifthly, the United Nations was made to appear almost irrelevant, despite the presence of the Secretary General in the region during the diplomatic endgame. Ban Ki Moon did not help matters by seeming to echo the sentiments coming from Washington, calling attention almost exclusively to Israeli defensive rights. The UN could provide more neutral auspices for future negotiations if it were to disentangle itself from Western geopolitics. To do this would probably require withdrawing from participation in the Quartet, and pledging a commitment to a sustaining and just peace for both peoples. As with United States, it is highly unlikely that the UN will make such a move, at least not without prior authorization from Washington. As with Obama, there is nothing in the performance to date of Ban Ki Moon as Secretary General that suggests either the willingness or the capacity to act independently when the geopolitical stakes are high.

Sixthly, the immediate aftermath of the ceasefire was a call from the Gaza streets for Palestinian unity, symbolized by the presence of Palestinian Authority, Hamas, Islamic Jihad, and Popular Front for the Liberation of Palestine flags all flying in harmonious co-existence. As the New York Times commented, “a rainbow not visible here in years.” If Palestinian unity holds, and becomes a practical reality by being implemented at governmental levels, it could alter the political landscape in a fundamental manner. To take hold it would require open and free elections throughout Occupied Palestine. If this narrative were to unfold, it might make the ceasefire to be perceived as much more than a temporary tense truce, but as a new beginning in the long march toward Palestinian justice.

All in all, the outcome of Operation Pillar of Defense was a resounding defeat for Israel in at least three respects: despite the incessant pounding of Gaza for eight days and the threat of a ground invasion, Hamas did not give in to Israeli demands for a unilateral ceasefire; the military capabilities of Gaza rockets exhibited a far greater capacity than in the past to inflict damage throughout the whole of Israel including Tel Aviv and Jerusalem, which suggests that in any future recurrence of major violence the military capabilities at the disposal of Gaza will become even greater; and the Israeli politics of promoting the Palestinian Authority as the only legitimate representative of the Palestinian people while refusing to deal with Hamas was dealt a heavy, possibly fatal, blow.

There is one chilling slant being given by Israeli officials to this attack on Gaza. It is brazenly being described as ‘a war game’ designed to rehearse for an impending attack on Iran. In the words of Israel’s ambassador to the United States, Michael Oren, “Israel was not confronting Gaza, but Iran.” Considering that at least 160 Gazans were killed, 1000 wounded, and many more traumatized, this is, or should be, a shocking admission of a declared intent to commit crimes against humanity. It should at least prompt the UN Human Rights Council to appoint a fact-finding mission to assess the allegations of criminal conduct during the military attack. In effect, the situation demands a Goldstone 2 report, but this time with the political will to follow through, assuming that incriminating findings are reported.If the HRC does not initiate such a process, as seems a near certainty at this point, the responsibility and the opportunity is a challenge to civil society organizations committed to peace and justice. Given the tactics and disproportionate levels of violence, it would be a fresh abuse of those who died and were injured, to fail to assess this behavior from the perspective of international criminal law.

These developments will themselves be affected by the pervasive uncertainties that make it likely that the ceasefire will be a short truce rather than a dramatic turn from violence to diplomacy. Will the parties respect the ceasefire? Israel has often in the past made international commitments that are later completely abandoned, as has been the case with dismantling the numerous ‘outposts’ (that is, ‘settlements’ unlawful even under Israeli law) or in relation to the commitment to settle the ‘final status’ issues associated with the Oslo Framework within five years. It is not encouraging that Israeli officials are already cynically whispering to the media that they agreed to nothing “beyond the immediate cessation of hostilities.” The undertakings of the text are thus being minimized as ‘talking points’ rather than agreed commitments that lack only specific mechanisms for their implementation. If Israel refuses to give effect to the agreed stoppage of targeted assassinations and does not move to end the blockade in good faith, it will not be surprising to see the rockets flying again.

The Palestinian Authority is poised to regain some of its lost ground by seeking recognition by the UN General Assembly of its status as ‘a non-member state’ on November 29, 2013, a move being fiercely resisted by Tel Aviv and Washington. It is probably too much to expect a softening of this diplomacy. Any claim of Palestinian statehood, even if only of symbolic significance, seems to threaten deeply Israel’s hypocritical posture of agreeing to the creation of a Palestinian state in the abstract while doing everything in its power to oppose any Palestinian efforts to claim statehood.

Such speculations must be conditioned by the realization that as the clock ticks the international consensus solution to the conflict, an independent sovereign Palestine, is fast slipping out of the realm of the feasible, if it has not already done so. The situation of prolonged occupation has altered the demography of Occupied Palestinian and raised the expectations of most Israelis. With as many 600,000 unlawful settlers in the West Bank and Jerusalem no foreseeable Israeli government would survive if it agreed to any conflict-resolving arrangement that required even a small percentage of those settlers to leave. In contrast, on the Palestinian side no arrangement would be sustainable without the substantial reversal of the settlement phenomenon. So long as this 1000 pound gorilla strides freely along the corridors of diplomacy, attaining a genuine peace based on the international consensus of two states for two peoples seems an exercise in wishful thinking.

At the same time, history has shown us over and over again that ‘the impossible’ happens, impossible in the sense that it is an outcome that informed observers rejected as ‘possible’ before it surprised them by happening. It happened when European colonialism was defeated, and again when the Soviet internal and external empire suddenly disintegrated, and then when the apartheid regime was voluntarily dissolved. Sadly, the Palestinian destiny continues to be entrapped in such a foreclosed imaginary, and yet as we have learned from history the struggles of oppressed peoples can on occasion achieve the unforeseeable. It is just barely possible that this latest display of Palestinian sumud (steadfastness) in the face of Pillar of Defense, together with the post-2011 increased responsiveness of the governments of Israel’s neighbors to the wishes of its their own citizenry, will give rise to a sequence of events that alters the equations of regional and global power enough  finally to give a just peace a chance.