Global Justice in the 21st Century

Overdosing on ‘Breaking Bad’ (modified and revised)

(A Message to Readers: under the influence of further viewing, some conversation, comments, and reflections, I am re-posting a post devoted to the TV drama series, ‘Breaking Bad‘; this line of interpretation is based on viewing the first three (of five) seasons of the show. As it changes course frequently, it is likely that the two final years might alter my understanding of the series and its overall cultural and political significance. Is it a mirror of who we mostly are or a warning of who we are becoming or one more look at the dark side, and how it casts its shadows over the bright side of the American reality? I find that the debate on gun control in which the most assumptions of the NRA true believers are unquestioned gives a disturbing clue as to how these questions might be honestly answered. How many suggestions have you heard that suggest that ‘the right to bear arms’ is wildly out of date, and that if we love our children, grandchildren, and country we would propose some radical measures to restore ‘homeland security.’ Since 9/11 how many more citizens and innocent persons around the world have been killed by legally acquired guns in America than by Al Qaeda operatives? We are victimizing our own society by acquiescing in what can only be understood as a ultra-toxic form of auto-terrorism. If this is overheated rhetoric on my part, I would like to know why.)

It could be a telling sign of being out of touch with popular culture to admit that until two weeks ago when our children showed up for the holidays, I had never heard of the cable TV drama series ‘Breaking Bad.’ Of course, this sort of admission damaged my already fragile credibility with those under 30. And when I discovered that ‘Breaking Bad’ was in its fifth season, and had received numerous awards, earning praise by leading media critics as ‘the greatest television drama of all time’ (according to the Megacritic website, ‘Breaking Bad’ is the highest rated cable show ever, gaining a rating of 99/100 on the basis of 22 reviews) my self-esteem took a big hit for being so out of the loop. Having overdosed on the series during the recent past I may be about to fall from one trap to another, now putting myself forward as an ‘instant expert,’ a role not more tasteful than instant coffee. Intimidated by such a prospect, I will myself to several random impressions with a goal of stimulating others to set me straight.

At this time I admit to being in danger of becoming a ‘Breaking Bad’ junkie with serious addiction issues, having watched more than 25 of the early episodes with family members during what has become an almost obsessive nightly ritual. I am left wondering, ‘what is the source of this fascination?’ ‘is ‘Breaking Bad’ tell us some dark things about ourselves, our inner reality as a nation and globe-girdling capitalist powerhouse state?’ Whatever else, ‘Breaking Bad’ as a tale of crime, violence, and personal adventure is quintessentially American, it could not be set elsewhere. On the most superficial level, the writing, acting, and cinematography are of a high caliber, holding one’s attention week after week due to an engagement with the lives of the characters and the subtle and innovative movements of the plot. It is obvious, as well, that both the technical and dramatic direction is impressive if measured by the industry metrics of craftsmanship and captivating storytelling. The form of episodic presentation, 47 minutes each week, imposes its own constraints. Each episode needs to combine a self-contained mini-drama with continuities of plot and character that create enough links to earlier segments to sustain a flow from week to week and create at the end of each episode sufficient suspense and curiosity about what will happen next to tune in on the following weak. This TV series in many ways incorporates the dramatic strengths of both the most spellbinding soap operas as well as the sweep of successful panoramic moviemaking. Each episode has its own director and is written by one or more of the team of nine writers. Somehow despite this shared responsibility ‘Breaking Bad’ comes across as a coherent, unified work that rarely disappoints. There is only one episode that seems negatively memorable in which the whole dramatic action consists of the pursuit of a hapless house fly that eludes capture, and is viewed by the expert on such matters as a dire threat to the purity of the crystal meth being produced in an underground elaborate lab.

There is no doubt that the series creator, writer and director of some of the most riveting episodes in the series, Vince Gilligan, knows what he is doing (and came to ‘Breaking Bad’ with past credentials as a producer of another killer TV series, ‘The X-Files’), which is to interweave in compelling ways the complex inter-ethnic world of drug dealing in the American southwest with the humdrum nature of suburban living in Albuquerque, New Mexico: throughout, the ordinary is repeatedly trumped and undermined by extraordinary happenings in episode after episode as the perils, pleasures, and temper tantrums of Walter (Walt) White, the hero-villain’s life accumulate. In the process Walt’s struggle for survival is turned upside down, being transformed from an underachieving, overqualified high school chemistry teacher having trouble making ends meet to becoming all of a sudden a cash rich overachieving, under qualified supplier (in the harsh business of allocating and safeguarding drug markets) of crystal meth to local gangs linked to bigger drug cartels.

Actually, Walt doesn’t exactly switch careers. He embarks on an elaborate double life, continuing to teach chemistry as his daytime job, a vocational calling, as well as employment, which he never abandons, and although distracted by the challenges of his drug life maintains an abiding concern for his students and exhibits talents as a teacher who knows his subject and how to convey it to young students. Eventually the strains of his secret life finally do take their toll, and Walt is forced by school administrators to take an extended leave of absence during the third season of the show. There is a certain ironic tension between his teaching routine in a high school setting and his use of sophisticated chemistry to produce the highest quality crystal meth available in the Albuquerque market, with an outreach that extends to the cutthroat operators south of the border. Although recourse to violence is characteristic of every major male character in ‘Breaking Bad’, the violence associated with the roles of the Hispanic characters in the series are by far the most sadistic, sustained, and extreme, and they are all given rather one-dimensional identities that leaves no room for sympathy or emotional complexity. A partial exception is the Aftican-American looking, but apparently Latino master dealer, Gustavo (‘Gus’) Fring, who is presented as the most sinister of all drug operatives, but possessing social skills that enable his to have a respectable public persona that embraces the material satisfaction of success in the market. We can only critically wonder why the darkest evil is reserved exclusively for ‘outsiders’ in America, the targets of a resurgent racism that is gospel for the rapidly expanding survivalist, anti-government militias active around the country and allied with such unsavory groups as the National Rifle Association (NRA) and extremist religious cults.

There is no doubt that Walt White (brilliantly played by Bryan Cranston) is as intriguing a character as has ever flitted across my TV screen. Some critics have treated White merely as an acute casualty of a mid-life crisis, where the comforts of the bourgeois life are exchanged for the excitement of the drug underworld, with its violence, risk, double life, secrecy, and big payoffs, but this seems facile and almost willfully misleading. What gives White his fascinating edge is the fact that his ardent embrace of crime coincided with receiving a diagnosis of terminal lung cancer, giving rise, among other things to a desperate need for large sums of money to pay the huge bills for medicines and treatment, as well as to the realization that his family will be destitute after his death. Beyond this there is exhibited a rare dramatic tension between the loveable and hateful sides of his character, which is further heightened by unpredictable mood swings and sudden eruptions of repressed violence. Walt conveys by brilliantly expressive facial expressions and adept mastery of body language a sense of deep torment that is at odds with his endearing qualities normalcy when he displays the other side of his personality that allows him to be a tender and sensitive father, husband, and friend. The storyline also offers a bit of caviar to tease those who fancy themselves gourmets of high culture. White, as drug dealer, is known on the local meth scene by the moniker, ‘Heisenberg,’ a cute play on the idea of ‘indeterminacy,’ (just who is White is tantalizingly elusive; and trope that is literalized when a lookalike is actually hired to confuse the police). As well, there are various bonding lines and visual sequences tat draw connections between Walt White and Walt Whitman, especially invoking Whitman’s celebrated poem, ‘Song of Myself.’ Names are clearly given some forethought by the series creator: it cannot be accidental that Walt is ‘White’ while Gus looks ‘black,’ possibly a color coded grading system for degrees of evil, mildly reminiscent of the circles of Hell in Dante’s ‘Inferno.’

To my way of thinking, one of the great achievements of the series is the interplay between Walt and Jesse Pinkman (convincingly played by Aaron Paul). Jesse is an almost likeable young punk who takes many hard knocks, and has a kind of magnetic purity displayed as a result of his commitments to romantic love, kindness to animals, genuine empathy with young children victimized by their innocent involvement in the drug trade or their proximity to maelstroms of pure violence, and by his own childhood victimization at the hands of hatefully insensitive parents. There is left the impression that Jesse manages to survive, but barely, periodically wants a cleaner, safe life, but can’t quite muster the will to escape one and for all. He is at once too tender a person to flourish in the cutthroat world of hard-core drug business and yet too dependent and addicted to overcome his the interrelated entrapments of use and dealing. Jess is unlike Walt in many ways, more consistently emotional and romantic, less calculating, as much an addict as a supplier, a cultural casualty rather than a good citizen who goes awry by succumbing to the lure of the gigantic drug profit margins. Despite these differences, Walt and Jesse need one another, save each other’s lives, and are one of those memorable examples of ‘an odd couple’ that is forever inscribed in our consciousness.

The lies at the heart of Saul law practice is multiply signaled: a huge balloon version of the Statue of Liberty is attached to the roof above his office, the room where he meets and greets clients uses the text of the U.S. Constitution as wallpaper, and his professional interest in lawyering is to make use of law and lawyers for the sake of promoting crime and safeguarding criminals, and all for the sake of making some extra bucks. There is in the series a second more ‘honorable’ lawyer who is no more loveable, using his knowledge of the intricacies of law to further the cruelties of capitalism. Actually, doctors fare only slightly better than lawyers, offering treatments motivated more by their professional ambitions than a patient’s likelihood of cure, and in the spirit of Michael Moore’s ‘Sicko,’ making even the most urgent health care a slave of one’s bank balance. Implicit in ‘Breaking Bad’ is an indictment of the cultural ethos of capitalism, and its tendencies to commodify every aspect of life except family relations and intimate love, and even then there is tautness between doing well and doing good. There is an ironic note added here in the sub-text in which Hank Schrader, a kind of loser character who works as a middle level enforcer for the Drug Enforcement Agency (DEA), loses his cool, brutally beats Jesse, is demoted and discredited, but helped to pay his medical bills by drug money given to his wife, Marie, and eventually rehabilitated. There is an important coded message here: everything interacts. There is no true separation between criminality and legality, and perhaps, never has been. Are we learning about human nature, the specifics of America, the degeneracy of 21^st century modernity?

“Breaking Bad’ also making a damning commentary on the failures of urban development in America. The city scenes amount to a sequence of snapshots of the ugliness and tastelessness of the society, the wasteland that developers and city planners have inflicted on society, signposts directing the citizenry toward alienation and escape. This aesthetic indictment also extends to the middle class home furnishings and decorations that are ever-present in the series as exhibits of cultural decline. Only the natural splendor of the desert and the museum housing the masterpieces of Georgia O’Keefe are put before us as contrasts to this general condition of ugliness and banality.

The TV series also takes a hard look taken at the hypocrisies that commingle with family values and community camaraderie. Walt is the main focus of attention, but is not alone, being portrayed as someone driven to crime, allegedly by a true and abiding love for his wife and children, and in return receives the unconditional love of his disabled son. He says over and over again that all that he cares about is his family, and this provides him with a mask of decency no matter how pervasively he falsifies his life. Walt faced with the prospect of his own assured death within a couple of years due to cancer and lacking the capacity to provide a decent future on the basis of legitimate work as a gifted high school chemistry teacher or as a helper in an auto repair shop turns to the lucrative work of ‘cooking’ high quality meth in large quantities. In effect, we are informed only a turn to crime can achieve what hard, honest work of a constructive nature cannot provide for most people living in 21^st century America.

The message within the message is that there is the scantest difference between Princeton graduates embarking on Wall Street careers with a clear conscience and those making their living from the drug trade, although the former is far less obviously violent and dangerous, but also contains fewer illusions about normalcy, decency, honesty, and morally and socially acceptable life styles. Another note of irony is that those most driven to success on the Wall Streets of the country often use coke to calm down. Of course, ‘Breaking Bad’ portrays those on the top of the drug trade as mimicking in dress and life style the paragons of business and societal virtue, further blurring the boundaries between criminality and legitimacy. Indeed, ‘Breaking Bad’ has a vivid relevance to the entire social space in Gilligan’s America as there seems to be no available option that encourages breaking good!

Part of what makes Walt such a memorable character is his mercurial personality that contain unpredictable, yet plausible swerves and shifts, and is dramatically expressed by completely irrational and frightening out-of-control moments that he often apologizes for on the next day, and are counterpoised against ultra-rational mini-lectures on what line of action is wisest to take. For instance, at a silly poolside party (epitomizing what goes on in polite middle class Albuquerque) when for no apparent reason, Walt diabolically pressures his disabled teenage son, Walt Jr., to get disastrously drunk on tequila. He then gets furious when Hank, his DEA brother in law, Hank Schrader, in a good natured way interferes to prevent this patently improper father-son interaction from doing further self-inflicted damage to Walt. This disturbing incident is out of character for Walt as he normally treats his son with loving kindness.

In another episode, Walt is stopped by a highway patrol officer while driving at a normal speed in the desert countryside. The policeman explains that Walt’s car was stopped because its windshield was shattered, making it unsafe and unlawful to drive. When the officer starts writing out a ticket for driving such a vehicle, Walt goes ballistic. He had earlier told the policeman that the damage to the windshield was caused by debris that fell from a fatal plane crash that had occurred in the city a few days earlier. The policeman responded by saying that it does not matter how the damage was done, that driving a car in this condition is against the law and deserves a ticket. Walt becomes wildly defiant, disobeys orders to stay in his car, yelling insults and obscenities at the officer, uncontrollably shouting he has ‘rights’ that are being denied. After being warned more than once, Walt is bloodied and taken into custody. The police like the drug enforcers seem to have no instruments of control other than when obedience to the norms fails, to have recourse to the excesses of violence. Hank, his DEA brother in law, comes to his rescue, intercedes to obtain Walt’s immediate release from prison. Once again the law, such as it is, takes a back seat to the corrupting play of personal relations. In both of these incidents Walt after the fact apologizes in a tone of solemnity, insisting that he was acting out of character, including vague intimations that his medical condition may have been indirectly responsible.

There is an unusual structural feature throughout the series. There are several dyads or pairings of character. Walt and Skyler (his wife), Walt and Jesse, Walt and Gus, Walt and Hank (DEA), Skyler and her sister, Marie (also Hank’s wife), two lawyers, two drug enforcers, two child foot soldiers for neighborhood drug dealing. In various episodes either Walt and his wife or Walt and Jesse are placed at the center of the action. Skyler is the seemingly good woman and loyal wife, but also dipping her toes deeper and deeper into dirty water by covering up the crimes of her boss as well as indulging in a workplace romance with this sleazy character, and soon shifting from abhorrence about Walt’s meth money to a pragmatic use of such funds for the sake of family values, paying the medical bills of Hank. Nothing is as it seems, especially nothing that purports to be good is really good, except perhaps the sincerity of the biologically damaged Walt, Jr., who also at least flirts with indeterminacy by adopting the name ‘Flynn’ to alter his identity until he reverts to Walt, Jr., when his cherished father is banished from home by Skyler after she finally discovers that he has been lying to her for many months, maintaining a secret double life, and obtaining funds far beyond his salary by dealing in drugs, and not as he has insisted, through the generosity of (hated) rich friends who had actually made a fortune by stealing his ideas.

As with any imagined fiction, from Shakespeare to Gilligan (and his team of nine writers) what engages an audience is the vividness of the characters and the suspense, illuminations, and hypnotic strangeness of the narrative. The message and cultural critique are secondary to these dramatic qualities, and definitely, ‘Breaking Bad’ holds our attention mainly by taking us on a wild roller coaster ride with its principal characters that envelops the viewers in the unfolding drama. The series brilliantly holds our attention, and doesn’t really need the scenes of extreme violence that are present in almost every episode– bloody beatings and killings with gory details, almost unwatchable brutality, but these are made to seem thematically integral, and punctuate with exclamation points the crude justice of both the underworld of drugs and the socially proper world of law, police, and business. There is even one grisly murder in which a stolen ATM machine is used as a weapon to crush a totally unsympathetic victim’s head. A symbolic eloquence is present in such a crime: the complex interplay of money, violence, and criminality is epitomized. Why? In some ways I believe that ‘Breaking Bad’ is itself a symptom of what it decries. It ‘entertains’ us by its exhibitions of extreme violence and criminality because anything less seems assumed not to engage sufficiently the modern public imagination, especially here in America where even the idea of minimal gun control proposed after a series of horrific domestic massacres is met with collective rage and derision. The gun lobby’s incredibly influential NGO, the NRA, tells us that there will be no ban on even assault weaponry while gun enthusiasts stock up such killing machines because they are fearful that a ban may be imposed, and this would be intolerable, for gun extremists by itself grounds to take up arms against the already hated government in Washington. Also, of course, AMC network and Sony Pictures Television are both providers of the ATM used for making ‘Breaking Bad’ at $3 million per episode, and reap the monetary benefits and prestige of the show’s deserved critical success.

I find myself now for the first time contemplating the adoption of an ‘expatriate consciousness.’ I interpret this temptation as an expression of political despair on my part, a giving up on the future of the country after eight decades of hope and struggle. It is not only discouragement with the failures of substantive democracy that leaves the 99% in a permanent condition of precarious limbo, while the supposedly ‘liberal’ leadership and citizenry seems to sleep well despite terrorizing distant foreign communities with drone violence inflicted for the supposed sake of our ‘security.’ It is also the increasing failures of procedural democracy, the chances offered to the public by elections and political parties, that makes me feel that the most I can hope for during my lifetime is ‘the lesser of evils,’ allowing me recently the pleasure of a sigh of relief that it was Obama not Romney who was elected in 2012. Yet this was an electoral campaign in which both sides refused to confront any of the deeper challenges confronting the country. Each side refused to take the presumed political risks of raising such issues as the predatory nature of neoliberal globalization, the ecological death trip of climate change, and the idiocy of ‘the long war’ with its global battlefield unleashed after the 9/11 attacks. I fully realize that I am transforming ‘Breaking Bad’ into a metaphor for my own malaise, and I am unsure how Vince Gilligan would react if confronted with such reactions. But does that matter? The autonomy of the viewer is as valid as the intentions of the creator!

Whatever may be the intention of those who put the series together, I do think ‘Breaking Bad,’ whether deliberately or not, raises disturbing political and cultural questions, somewhat analogous to issues powerfully posed a generation ago by David Lynch in ‘Blue Velvet.’ This Lynch movie remains one of the great filmic chronicles of the underside of America that has become almost indistinguishable from the self-congratulatory America of patriotic parades and holiday speeches by politicians. This dark criminality that lurks just below the surface of polite society is air brushed out of our collective consciousness by the mega-escapism of spectacles, sports, celebrations of militarism, and a pacifying mainstream media. What I am saying, in effect, is that ‘Breaking Bad’ works fantastically well as entertainment, but that it is also a reliable journalistic source confirming the bad news about several uncontrolled wild fires burning up the country, and the world.

Tags: al Qaeda, Albuquerque New Mexico, Breaking Bad, Bryan Cranston, National Rifle Association, Television program, United States, Vince Gilligan

Comments 11 Comments
Categories America, Commentary

Overdosing on ‘Breaking Bad’

14 Jan

It could be a telling sign of being out of touch with popular culture to admit that until two weeks ago when our children showed up for the holidays, I had never heard of the cable TV drama series ‘Breaking Bad.’ Of course, this sort of admission damaged my already fragile credibility with those under 30. And when I discovered that ‘Breaking Bad’ was in its fifth season, and had received numerous awards, receiving praised by leading media critics as ‘the greatest television drama of all time’ (according to the Megacritic website, ‘Breaking Bad’ is the highest rated cable show ever, earning a rating of 99/100 on the basis of 22 reviews) my self-esteem took a big hit for being so out of the loop. Having overdosed on the series during the recent past I may be about to fall from one trap to another, now putting myself forward as an ‘instant expert,’ a role not less tasteless than instant coffee. Intimidated by such a prospect, I will limit myself to a few random impressions with the goal of stimulating others to set me straight.

There is no doubt that the series creator, producer, and director, Vince Gilligan, knows what he is doing (and came to ‘Breaking Bad’ with past credentials as a producer of another killer TV series, ‘The X-Files’), which is to interweave in compelling ways the complex inter-ethnic world of drug dealing in the American southwest with the humdrum nature of suburban living in Albuquerque, New Mexico: throughout, the ordinary is repeatedly trumped and undermined by extraordinary happenings in episode after episode as the perils and pleasures of Walter (Walt) White, hero-villian’s life accumulate. In the process Walt’s struggle for survival is turned upside down, being transformed from an underachieving, overqualified high school chemistry teacher having trouble making ends meet to becoming a cash rich overachieving, under qualified supplier (in the harsh business of allocating drug markets) of crystal meth to local gangs linked to some big drug cartels. Actually, a layering takes place as Walt continues to teach chemistry as his daytime job, a vocational calling, as well as a job, that he never gives up on, showing an abiding concern for his students and exhibiting his talents as a teacher, although the strains of his secret life finally take its toll, and he is forced to take an extended leave of absence during the third season of the show. There is a certain ironic tension between his teaching routine in a high school setting and his use of sophisticated chemistry to produce the highest quality meth available in the Albuquerque market, with an outreach that extends to the cutthroat cartels south of the border .

To my way of thinking, one of the great achievements of the series is the interplay between Walt and Jesse Pinkman (brilliantly played by Aaron Paul), an almost likeable young punk who takes some hard knocks, and has a kind of innocence that is displayed by kindness to animals, empathy with a young child caught up in a violent family situation, and by his own victimization resulting from hatefully insensitive parents. There is left the impression that Jesse manages to survive, but barely, wants a cleaner, safe life, but can’t quite muster the will to escape one and for all. He is at once too tender a person to flourish in the cutthroat world of hard-core drug business and yet too dependent to avoid the maelstrom of use and dealing. Jess is unlike Walt in all ways, more consistently emotional and romantic, less calculating, as much an addict as a supplier, a cultural casualty rather than a good citizen who goes awry by succumbing to the lure of the gigantic drug profit margins.

Throughout ‘Breaking Bad’ there are numerous implicit and explicit commentaries on the tawdry character of American life, replete with contradictions and complex filmic and cultural juxtapositions that link benign pretentious hypocrisies with lethal, violent realities that lie just beneath the surface. The relationship between law and crime is examined from many different angles, and it can be no accident, that the lead lawyer puts himself forward falsely as a Jew, Saul Goodman, when in fact he is a shabby abettor of criminality whose ethnicity in Irish. The lie at the heart of his law practice is multiply signaled: a huge balloon version of the Statue of Liberty is attached to the roof above his office, the room where he meets and greets clients uses the text of the U.S. Constitution as wallpaper, and his professional interest in lawyering is to make use of law and lawyers for the sake of promoting crime and safeguarding criminals, and all for the sake of making some extra bucks. There is in the series a second more ‘honorable’ lawyer who is no more loveable, using his knowledge of the intricacies of law to further the cruelties of capitalism. Actually, doctors fare only slightly better than lawyers, offering treatments motivated more by their professional ambitions than a patient’s likelihood of cure, and in the spirit of Michael Moore’s ‘Sicko,’ making even the most urgent health care a slave of one’s bank balance.

The series also a hard look taken at the fakery surrounding family values and community camaraderie. Walt is the main focus of attention, but is not alone, being portrayed as someone driven to crime by a true and abiding love for his wife and children, and in return receives the unconditional love of his disabled son. He says over and over again that all that he cares about is his family, and this gives him a mask of decency no matter how pervasively he falsifies his life. Walt faced with the prospect of his own assured death within a couple of years due to cancer and lacking the capacity to provide a decent future on the basis of legitimate work as a gifted high school chemistry teacher or as a helper in an auto repair shop turns to the lucrative work of ‘cooking’ high quality meth in large quantities. In effect, we are informed only a turn to crime can achieve what hard, honest work of a constructive nature cannot provide. The message within the message is that there is the scantest difference between Princeton graduates embarking on Wall Street careers with a clear conscience and those making their living from the drug trade, although the latter is far less obviously violent and dangerous, but also contains fewer illusions about normalcy, decency, honesty, and morally and socially acceptable life styles. Of course, ‘Breaking Bad’ portrays those on the top of the drug trade as mimicking in dress and life style the paragons of business and societal virtue, further blurring the boundaries between criminality and legitimacy. Indeed, ‘Breaking Bad’ occupies the whole social space in Gilligan’s America as there seems to be no available option to encourage breaking good!

Part of what makes Walt such a memorable character is his mercurial personality that contains unpredictable, yet plausible swerves and shifts, and is dramatically punctuated with completely irrational outbursts that he laments after the fact, as well as by highly rational discourses on what line of action to take. For instance, at a silly poolside party (epitomizing what goes on in polite middle class Albuquerque) Walt pressures his disabled teenage son, Walt Jr., to get disastrously drunk on tequila for no obvious reason, and gets furious when his Drug Enforcement Agency (DEA) brother in law, Hank Schrader, interferes in an effort to prevent this patently improper father-son interaction from doing any further damage. This disturbing incident is out of character for Walt as he normally treats with loving kindness. In another episode, Walt is stopped by a highway patrol officer while driving at a normal speed in the desert countryside. The police man steps from his car and explain that the car was stopped because its windshield was shattered, making it unsafe and unlawful to drive. When the officer starts writing out a ticket for driving such a vehicle, Walt goes ballistic. He had earlier told the policeman that the damage to the windshield was caused by debris that fell from a fatal plane crash that had occurred in the city a few days earlier. The policeman responded by saying that it does not matter how the damage was done, that driving a car in this condition is against the law and deserves a ticket. Walt remains defiant, disobeys orders to stay in the car, yelling insults at the officer shouting he has ‘rights.’ After being warned, Walt is bloodied and taken into custody. He is soon released when Hank, his DEA relative, intercedes, and again law, such as it is, takes a back seat to the play of personal relations. In both of these incidents Walt after the fact apologizes, insisting that he was acting out of character, and makes vague intimations that his medical condition may have been the explanation.

There is an unusual structural feature throughout the series. There are several dyads or pairings of character. Walt and Skyler (his wife), Walt and Jesse, Walt and Hank (DEA), Skyler and her sister, Marie (also Hank’s wife), two lawyers, two drug enforcers. Walt and his wife are the primary pair, with Skyler the seemingly good woman and loyal wife, but also dipping her toes into dirty water by covering up the crimes of her boss as well as indulging in a workplace romance with this sleazy character. Nothing is as it seems, especially nothing that purports to be good is really good, except perhaps the sincerity of the biologically damaged Walt, Jr., who also at least flirts with indeterminacy by adopting the name ‘Flynn’ to alter his identity until he reverts to Walt, Jr., when his cherished father is banished from home by Skyler after she finally discovers that he has been lying to her for many months, maintaining a secret double life, and obtaining funds far beyond his salary by dealing in drugs, and not as he has insisted, through the generosity of (hated) rich friends who had actually made a fortune by stealing his ideas.

As with any imagined fiction, from Shakespeare to Gilligan (and his team of nine writers) what engages an audience is the vividness of the characters and the suspense, illuminations, and hypnotic strangeness of the narrative. The message and cultural critique are secondary to these dramatic qualities, and definitely, ‘Breaking Bad’ holds our attention mainly by sharing a wild roller coaster ride with its principal characters. The series doesn’t really need the scenes of extreme violence that are present in almost every episode, bloody beatings and killings with gory details, almost unwatchable brutality, but they seem thematically integral, and punctuate with exclamation points the crude justice of both the underworld of drugs and the proper world of law and police. There is even one grisly murder in which a stolen ATM machine is used as a weapon to crush a totally unsympathetic victim’s head. A symbolic eloquence is present in such a crime: the complex interplay of money, violence, and criminality is epitomized. Why? In some ways I believe that ‘Breaking Bad’ is itself a symptom of what it decries. It ‘entertains’ us by its exhibitions of extreme violence and criminality because anything less is assumed not to engage the modern public imagination, especially here in America where even the idea of minimal gun control proposed after a series of horrific domestic massacres is met with collective rage and derision. The gun lobby’s incredibly influential NGO, the NRA, tells us that there will be no ban on even assault weaponry while gun enthusiasts stock up such killing machines because they are fearful that a ban may be imposed, and this would be intolerable, itself grounds to take up arms against the already hated government in Washington. Also, of course, AMC network and Sony Pictures Television are both providers of the ATM used for making ‘Breaking Bad’ at $3 million per episode, and reap the monetary benefits of the show’s great success.

In the end, the question posed for me by ‘Breaking Bad’ is whether moral, political, and societal authenticity is any longer possible given the overall present nature of American popular culture. The government is far from exempt from such criticism if account is taken of the heavy militarist and carbon American footprint throughout much of the world, and the damage done to young Americans sent off to die in wars of no meaningful consequences for the protection of the homeland. I am someone who has spent his entire life in this country, appreciating its freedoms and supportive of its moments of moral progress (for instance, the selection of an African-American to be its president), although long critical of the gap between its proclaimed values and behavior, especially in relations with the non-Western world. I find myself now for the first time tempted to adopt an ‘expatriate consciousness.’ I interpret this temptation as an expression of political despair, a giving up on the future of the country. It is not only discouragement with the failures of substantive democracy that leaves the 99% in a permanent condition of precarious limbo, while the supposedly ‘liberal’ leadership and citizenry seems to sleep well despite terrorizing distant foreign communities with drone violence inflicted for the supposed sake of our ‘security.’ It is also the increasing failures of procedural democracy, the chances offered to the public by elections and political parties, that makes me feel that the most I can hope for during my lifetime is ‘the lesser of evils,’ allowing me recently the pleasure of a sigh of relief that it was Obama not Romney who was elected in 2012. Yet this was an electoral campaign in which both sides refused to act responsibly. Each side refused to take the risk of raising such issues as the predatory nature of neoliberal globalization, the ecological death trip of climate change, and the idiocy of ‘the long war’ with its global battlefield that was unleashed after the 9/11 attacks. I fully realize that I am transforming ‘Breaking Bad’ into a metaphor for my own malaise, and I am unsure how Vince Gilligan would react if confronted with such reactions. But does that matter?

Whatever may be the intention of those who put the series together, I do think ‘Breaking Bad,’ whether deliberately or not, raises disturbing political and cultural questions, somewhat analogous to issues powerfully posed a generation ago by David Lynch in ‘Blue Velvet.’ This movie remains one of the great filmic chronicles of the underside of America that has become almost indistinguishable from the self-congratulatory America of patriotic parades and holiday speeches by politicians. This dark criminality that lurks just below the surface of polite society is air brushed out of our collective consciousness by the mega-escapism of spectacles, sports, and a pacifying mainstream media. What I am saying, in effect, is that ‘Breaking Bad’ works fantastically as entertainment, but that it is also a reliable journalistic source confirming the bad news about several uncontrolled wild fires burning up the country, and the world.

Tags: Aaron Paul, Breaking Bad, Bryan Cranston, Jesse Pinkman, Television program, Walt, Walt Whitman, Walter White

Comments 13 Comments
Categories Uncategorized

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!

Tags: Activism, Climate change, Environment, Major religious groups, Nadezhda Mandelstam, Spirituality, United State, Warfare and Conflict

Comments 37 Comments
Categories Uncategorized

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.

Tags: Antisemitism, CRIF, Israel, Middle East, Palestinian people, Palestinian territories, UN Watch, United Nations

Comments 37 Comments
Categories Commentary, Israel/Palestine, Personal Background, world order

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

Tags: Antisemitism, Gaza, Gaza Strip, Hamas, Israel, Palestinian people, Palestinian territories, UN Watch

Comments 162 Comments
Categories Commentary, Israel/Palestine, Personal Background

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

Tags: Edward Said, Hair Loss, Health, Historians, History, Shopping, Sunset, Weight loss

Comments 12 Comments
Categories Poetry

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.

Tags: Barack Obama, Connecticut, Elementary school, Mental disorder, Newtown, Obama, United States, Xinyang

Comments 54 Comments
Categories Commentary

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’ 25^th 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 22^nd 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.

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Categories International & Global Law, Israel/Palestine

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 25^th 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 25^th 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 18^th 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 15^th 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.

Tags: Cairo, Egypt, Hosni Mubarak, Mubarak, Muslim Brotherhood, Occupy Wall Street, Tahrir Square, United States

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Categories Commentary

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

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