[Prefatory Note: The post below is a modified text of an interview conversation with Khourosh Ziabari, initially published on the website of the Organization for Defending Victims of Violence on February 4, 2018, <info@odvv.org>] </info@odvv.org>
Peace and Justice for the Palestinian People: a conversation
Khourosh Ziabari: Humanitarian crisis in Gaza has entered its 11th year as the crippling siege by Israel is making the living conditions of Palestinians more complicated with time. The blockade in what is popularly referred to as the world’s “largest open-air prison” means growing unemployment, people having intermittent access to pure water, the economy is almost dysfunctional and poor infrastructure and lack of funding make the two-million population vulnerable to heavy rains and extreme weather. The former United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories believes Israel is not doing enough to make the living conditions of Gaza Palestinians better, and the United States is also failing to play a constructive role.
Richard Falk is a professor emeritus of international law at Princeton University, who has published and co-edited some 40 books on human rights, international humanitarian law and the Israeli-Palestinian conflict.
In an interview with the Organization for Defending Victims of Violence, Prof Falk shared his views on the recent controversy surrounding President Trump’s proposal to move the U.S. Embassy to Jerusalem and the ongoing humanitarian emergency in the Palestinian territories.
Q: In a piece recently published on Foreign Policy Journal, you talked of Palestine as being a hugely discriminated against nation, which in the recent decades has undergone major hardships due to the inability or reluctance of the United Nations to take steps to balance the needs of the Palestinian people against the political leverage of Israel and its allies. The improvement of the living conditions of the Palestinians depends on a logical and justifiable way out being found to end the conflict. Is the international community really unable to come up with a sustainable and all-encompassing solution?
A: The failure of the international community with respect to the Palestinian people and their legitimate grievances is due to several special circumstances; most importantly, the underlying determination of the Zionist movement to control most of Palestine as delimited by the British mandate. In this respect, assertions by Israeli leaders of their desire for a political compromise should never been accepted at face value, and are patently insincere, public relations gestures seeking to influence international public opinion, and convey the false impression that Israel is seeking a political compromise with Palestine.
Secondly, this Zionist ambition is now strongly supported by the United States despite not being clearly articulated by the government of Israel. This obscurity, essentially a deception, allows the international community to act as if a peace process is capable of producing a solution for the conflict even though Israel’s actions on the ground point ever more clearly toward an imposed unilateral outcome, which essentially is a unilateral insistence that the conflict has been resolved in favor of Israel.
Thirdly, the ‘special relationship’ between Israel and the U.S. translates into a geopolitical protection arrangement encompassing security issues and even extending to insulating Israel from censure at the UN, especially by the Security Council, and making sanctions impossible to impose. In such a setting, the Israelis are able to pursue their goals, while ignoring Palestinian grievances, which results in tragedy and suffering for the Palestinian people. Given the balance of forces, there is no end in sight that might end the conflict in a fair way.
Q: President Donald Trump’s recognition of Jerusalem as the capital of Israel and his plan to move the U.S. embassy to this city met a big resistance at the United Nations, both on the General Assembly and Security Council levels. Why do you think the international community and even the major U.S. allies didn’t say yes to this proposal?
A: Trump’s initiative on Jerusalem ruptured whatever fragile basis existed for seeking a diplomatic solution for relations between Israel and Palestine. There had been a clear understanding, respected by prior American leaders, that the disposition of Jerusalem was a matter that was to be settled only through negotiations between the parties. This understanding was broken by the Trump initiative for no apparent reasons beyond pleasing Netanyahu and some wealthy Zionist donors in the U.S. Beyond this, for Trump to side with Israel on such a sensitive issue, which deeply matters symbolically and substantively, not only for Palestinians, but for Muslims everywhere, and even for Christians, damaged beyond repair the credibility of the United States to act an acceptable intermediary in any future peace process.
American credibility was at a low level anyway, but this latest step relating to Jerusalem, removed, at least for the foreseeable future, any doubt about the American partisan approach, and more dramatically, made it evident that diplomacy based on the two-state solution had reached a point of no return.
In one respect, the Trump move on Jerusalem lifted the scales from the eyes of the world. It should have been clear for some years that the size of the settlement phenomenon and the influence of the settlers, now numbering about 800,000, had made it impractical to contemplate the establishment of a genuinely independent and viable Palestinian state. As well, the U.S. had long ceased to be an honest broker in the diplomatic settings that were described by reference to ‘the peace process,’ and probably never was partisan from the outset of the international search for an outcome that was a genuine political compromise. If there is to be an effective diplomacy with respect to the relations between the two peoples, it must, in any event, be preceded by dismantling the apartheid structures that were developed by Israel over the decades to subjugate the Palestinian people as a whole and the United States must be replaced by a credible third party intermediary. Israel feels no pressure to accept such changes, and so there is no current alternative to exerting pressure on this untenable status quo through support for militant nonviolent forms of Palestinian resistance and the global solidarity movement, with a special recognition of the contributions of the BDS campaign. It may be relevant to note that the BDS Campaign has been nominated to receive the Nobel Peace Prize in 2018.
Q: In the recent years, many resolutions and statements have been issued in condemnation of the expansion of Israel’s settlements in the Palestinian territories occupied following the Six-Day War in 1967 by the UN General Assembly and its affiliated human rights bodies. Even the UNSC Resolution 2334 (2016) declares Israel’s settlement activity a “flagrant violation” of international law. Is the publication of statements and condemning a state, while the state itself doesn’t recognize the demands and considers them invalid, a viable solution? If the international community is convinced that Israel should stop the illegal settlements, then how is it possible to make it happen?
A: The continued expansion of the settlements despite their flagrant violation of Article 49(6) of the Fourth Geneva Convention is both an expression of Israel’s contempt for international law and for world public opinion. It also reveals the impotence of the UN to do anything effective to impose its will that is any more consequential than the issuance of complaints. When geopolitical realities shield the behavior of a state from international pressures, the UN is helpless to implement its resolutions, and international law is put to one side. The UN is an organization of states, and limited in its capacity to shape behavior, especially by the veto power of the five permanent members of the Security Council. As such, the UN was never expected to have the constitutional capacity to overcome the strongly held views and commitments of the five states given permanent membership and the right of veto in the Security Council in the UN Charter. The Security Council is the only organ of the UN System with clear authority to reach and implement decisions, as distinct from advisory opinions and recommendations. The Israel/Palestine conflict is an extreme version of the Faustian Bargain struck between the geopolitical power structure and global justice, which was written into the UN Charter and the constitutional framework of the UN, as well as exhibited in UN practice over the years.
Q: News reports and figures show that the living standards and the economic conditions in the Gaza Strip are getting worse as time goes by. The unemployment rate has climbed to 46%. Research organizations and local media say 65% of the population is grappling with poverty and the food insecurity rate is roughly 50%. How do you think the perturbing humanitarian crisis in Gaza can be alleviated?
A: It is difficult to comprehend accurately the Israeli approach to Gaza as its motivations are very different from its stated justifications. Israeli policy often appears cruel and vindictive, with security rationales sounding more like pretexts than explanations. Excessive force has been repeatedly used by Israel in Gaza, and little effort to achieve some kind of tolerable stability has been made.
Israel has rejected a series of proposals for long-term ceasefires put forward by Hamas during the past decade. Israel has periodically attacked Gaza, inflicting heavy damage on a helpless and impoverished civilian society in 2008-09, 2012, and 2014 while the international community condemned these excessive uses of force. Now that the economic squeeze is pushing Gaza once again toward the brink of a humanitarian disaster the ordeal of the nearly two million Palestinians entrapped and utterly vulnerable. The situation in Gaza is once again a matter of grave concern, with humanitarian alarms being sounded by those with knowledge of the precarious health and subsistence crisis facing the population.
It is unclear what Israel actually wants to have happen in Gaza. Unlike the West Bank and Jerusalem, Gaza is not part of the Zionist territorial game plan, and is not considered part of biblical Israel. To the extent that Israel is pursuing a one-state solution imposed on the Palestinians, Gaza would be likely excluded as adding its population to that of Israel would risk exploding ‘the demographic bomb’ that has for so long worried Israelis because of endangering the artificially generated Jewish majority population, and supposed ‘democratic’ control of this ethnocratic polity.
The Zionist project has long resorted to extreme measures to achieve and then sustain the democratic pretension of its governing process, initially dispossessing as many as 700,000 Palestinians from the territory that became Israel in 1948. This coerced dispossession during combat was combined with a post-conflict refusal to allow those who left their homes and villages during wartime any right of return. Such ethnic cleansing was reinforce by completely destroying hundreds of Palestinian villages with bulldozers. This pattern of controlling the population ratio between Jews and non-Jews has been a persistent issue ever since the Balfour Declaration was issued in 1917 when the Jewish population of Palestine was about 5%. In the early period, the Zionist effort was focused on overcoming the Jewish demographic minority status by stimulating and subsidizing Jewish immigration. Yet even after the surge in immigration prompted by the rise of Nazism and European anti-Semitism, the Jewish population of Palestine was only about 30% at the start of the 1947-48 War.
Israel would probably like to have Gaza disappear. If that is not going to happen, then the second best solution is to entrust Jordan or Egypt with administrative control, security responsibility, and sovereign authority. So far neither Arab government wants to assume control over Gaza. With these considerations in mind, Israel seems determined to maintain instense pressure on Gaza, allowing the population to hover around the subsistence threshold, and to signal Israeli aggressiveness to the rest of the region, asserting a military presence from time to time that seems both punitive and designed to remind Gazans that resistance on their part would be met with overwhelming lethal force causing devastation and heavy casualties, including imposing a condition of enduring despair on the civilian population.
The future of statehood: Israel & Palestine
3 Feb[Prefatory Note: Interview Questions of a Brazilian journalist Rodrigo Craveiro on behalf of Correio Braziliense: (Jan. 30, 2019) on current prospects of Palestinian national movement.]
Fatah, Hamas, the Future of Statehood and Peace Prospects
1. With the dissolution of government do you see any risk for unity among all Palestinian factions? Why?
It is difficult at this stage to interpret the significance of the recent dissolution of the Palestinian Legislative Council (PLC), which serves as the Parliament of the Palestinian Authority that governs the West Bank and enjoys formal recognition as the representive of the Palestinian people internationally. The PLO continues to exist as an umbrella framework to facilitate coordination among Palestinian political factions aside from Hamas and Islamic Jihad, which have never been associated with the PLO. It seems that dissolution of the PLC is related to the prospect of new leadership of the Palestinian Authority, especially the speculation that the Palestinian president, Mahmoud Abbas will soon retire, and be replaced. It is also possible that this move is an attempt by the PA to create a stronger basis for creating an actual Palestinian state in an atmosphere in which the Oslo diplomatic framework has been superseded.
Without the prospect of a diplomatic resolution of the conflict by negotiation between the parties, the Abbas leadership is trying to establish for Palestine the status of an international state by way of its own unilateral moves. Israel on its side it trying by its unilateral initiatives to create its own expanded state that extends Israeli sovereignty over all or most of the West Bank, which remains legally ‘occupied’ despite a variety of fundamental encroachments on Palestinian autonomy. In other words we are witnessing contradictory moves by both Israel and Palestine to achieve their goals by unilateral political moves rather than through international diplomacy under U.S. auspices based on a negotiated agreement reflecting compromise. In the process both the PA and Israel are in the process abandoning earlier pretensions of democratic governance. This move by Abbas to dissolve the PLC is most accurately interpreted as the further de-democratization of Palestine, and the establishment of a more robust autocratic governing structure that does not inspire trust among many Palestinians and their supporters throughout the world. The failure, for instance, of the PA to back BDS is indicative of the gap between global solidarity initiatives and the timid leaders provided the Palestinian national movements by Abbas leadership in Ramallah.
2. How do you analyze the role of Hamas inside the political life of Palestinian people?
It is again difficult to be too definite about the role of Hamas at this time. This is partly because Hamas is likely affected by the changes in the tactics and leadership of the Palestinian Authority, which continues to be internationally regarded as the sole representative of Palestinian interests while being subject to criticism and rejection by large segments of the Palestinian people, especially those spread about the world by being refugees, exiles, and displaced persons., For some time, Hamas has indicated its willingness to agree to a long-term truce (or hudna)with Israel lasting up to 50 years, but only on condition that Israel withdraws from the West Bank and East Jerusalem as well as Gaza, and ends the blockade that has been used to deny the entry and exit of goods and people to Gaza ever since 2007. It is possible that a different leadership in Israel as a result of the April elections will produce a new Israeli approach to Gaza, which could include some kind of grant of autonomy or even independence as one type of alternative policy or intensified coercion that sought to destroy Hamas and its military capabilities as another.
What remains clear is that Hamas, as opposed to the PA, has been a consistent source of resistance to Israeli occupation and expansionism, although evidently willing to pursue its goals by political tactics rather than armed struggle. It is Israel that has insisted that Hamas is a terrorist organization, refusing even to consider establishing a ceasefire regime of indefinite length. It is also the case that Hamas is rooted in Islamic beliefs and practices, which are resented by secularized Muslims and non-Muslim Palestinians. This tension has erupted at various times in the course of the decade of Hamas governance in Gaza. Nevertheless, Hamas has popular support throughout occupied Palestine, and one explanation for the failure of the PA to hold elections is the anticipation that Hamas would likely be the winner, or at least make a strong showing.
3. Do you consider Hamas a danger for peace efforts building by Palestinian factions with Israel in future? Why?
There is no doubt that if the Palestinian Authority persists in excluding Hamas from participation in shaping the future of the national movement that the friction of recent years will continue, if not intensify. It is also possible that any new, post-Abbas PA leadership will try with increased motivation to find an embracing political framework that brings together the secular factions with those of religious persuasion, and especially Hamas. If the Trump ‘deal of the century’ is made public in coming months, and is treated as a serious proposal that is accepted as a basis of negotiation by the Palestinian Authority, then it would test whether the Palestinian people will be represented in a manner that joins in a single political actor secular and religious forces. The people of Gaza have suffered for many years, the conditions of poverty and environmental hazards are becoming more severe, with shortages of medical supplies, health hazards from polluted drinking water, astronomical levels of unemployment, and the absence of nutritious food creating emergency conditions for the entire civilian population of Gaza of about two million. Given these realities it is almost certain that Hamas will seek to pursue a more viable future for Gaza, but as the Great March of Return has demonstrated in recent months, the population, despite years of demoralization, retains a strong will to resist oppressive conditions of Israel domination.
4-Until now all efforts to overcome the division between Hamas and Fatah didn’t work. Why? Why is it difficult to achieve a common sense?
I believe the principal reasons that all attempts to achieve a sustainable accommodation tween Hamas and Fatah have failed relate to both ideology and questions of trust. This failure has also been a consequence of Israel’s overt and covert feverish efforts to promote Palestinian disunity and fragmentation. Israel’s emphasis on a politics of fragmentation in addressing the Palestinian challenge is expressed in many ways, including establishing separate governance regimes for the West Bank, Gaza, and Jerusalem, as well as for the Palestinian minority living in Israel and the refugees in neighboring countries.
On ideology there are two main sources of division between Fatah and Hamas—the secular/religious divide, and the greater readiness of Fatah to accept and legitimate the permanence of the Israeli state than is Hamas. For Hamas Israel remains a usurper of Palestine, and such a illegitimate state that can never be formally accommodated, although as suggested, Hamas is prepared to accept a truce of long duration without altering its underlying claims to exercise sovereignty over the whole of historic Palestine. If such a truce was to be agreed upon by Israel it would amount to a de facto acceptance of Israel, and vice versa. If the truce held, it could lead to some kind of indefinite extension that would allow both governing leaderships to feel that they achieved their primary goals, in other words, a win/win outcome.
Fatah, at least since 1988, as well as the PLO, has been willing to normalize relations with Israel and to agree to a territorial division of Palestine along the 1967 boundaries, provided that the arrangement provided for the retention of East Jerusalem as the capital of a Palestinian state. As matters now stand, it is almost unimaginable that Israel would accept the Hamas approach to a future relationship, and given the continuing expansion of the settlements it seems unlikely that Israel would agree to the emergence of a sovereign Palestinian state under any conditions, that is, even if Hamas did not exist.
It is quite likely that Israel would seek to impose a one-state solution by annexing the West Bank in a manner similar to their annexation of the city of Jerusalem. The unresolved tensions between Fatah and Hamas are in my judgment less fundamental than is Israel’s increasing clarity about rejecting any negotiated compromise on such core issues as territory, refugees, and Jerusalem. Israel seems to regard the present situation as one in which it feels almost no pressure to compromise, and instead that it is possible for Tel Aviv to push forward toward an end of the conflict by claiming victory, a view endorsed by Zionist extremists and seemingly supported by the Trump diplomacy to date. I find these perspectives to be shortsighted and unsustainable. Even should the Palestinian leadership is forced given present realities to accept a political surrender, such an induced outcome will produce a ceasefire not a lasting peace. In this post-colonial age denying the Palestinian people their fundamental right of self-determination is almost certain to be unable to withstand the tests of time.
5- In your opinion what is the recipe or formula to make all Palestinians join together in pursuing common goal, which is the establishment of Palestine State?
I have partially given my answer to this question in earlier responses to your questions. In essence, I am arguing that given the present outlook in Israel, as well as regional and global considerations,
It is not possible to envision the establishment of a Palestinian state even if Palestinians were able to achieve unity and went on to accept the 1967 boundaries excluding the Israeli settlement blocs along the border. Israel no longer hides its intention to expand its state boundaries to encompass the whole of ‘the promised land,’ considered a biblical entitlement within the dominant view of the Zionist project.
As earlier suggested, Israel will do its best to disrupt Palestinian efforts to overcome the cleavages in their movement so as to keep the Palestinian movement as fragmented as possible. As long as the United States continues its unconditional support Israel seems able to ignore the adverse character of international public opinion, as exhibited at the UN and elsewhere. Israel makes little secret of the absence of any pressure to seek a political compromise. Ever since the 1990s a political compromised has been assumed to mean an independent Palestinian state. Only recently, as Israel’s expansionism has made a Palestinian state a diplomatic non-starter and even a political impossibility has the idea of a single state embracing both peoples gained traction.
This shift to a one-state approach has taken to two forms: a single democratic secular state in which the expansionist goals of Zionism are renounced, and no longer would a Jewish state as such exist. Jews would have to accept equality of treatment within such a non-ethnic state, although the establishment of a Jewish homeland might be possible. The alternative single statehood model would be to absorb all Palestinians into a single Jewish state of Israel, perhaps conferring full or more likely partial citizenship rights to Palestinians. Both of these statehood models are post-diplomatic, as is the PA effort to establish a state of its own while enduring a prolonged occupation.
The Israeli version of a single state outcome of the struggle is more in keeping with present realities than is the Palestinian version. Such as assessment also gains strength by noting that the main Arab neighbors of Israel, in particular Egypt and Saudi Arabia, have withdrawn support for Palestinian national aspirations, and are actively cooperating with Israel, giving an Arab priority to the containment of extremist threats to their governments and to their sectarian rivalry with Iran. All in all, the regional and global geopolitical trends of late remove almost all incentives on the Israeli side to do anything other than to manage the favorable status quo until the moment arrives when it seems right to declare and claim that the boundaries of New Israel encompass of the entire territory managed between the two world wars as the British Mandate of Palestine.
As matters now stand it is utopian to anticipate a Palestinian state or a single secular democratic state, but these conditions that seem currently so favorable to Israel are unstable and deceptive, and unlikely to last. There are signs that a position of balanced support as between Israel and Palestine is gaining strength in the West, especially among the American public. Account should also be taken of a growing global solidarity movement that has become more militant, and exerts greater pressure on Israel, especially by way of the Boycott, Divestment, and Sanctions Campaign (BDS). In this respect, conditions could change rapidly as happened in South Africa in the early 1990s against all expectations and expert opinion at the time. Israel is increasing regarded as an apartheid state, which the Knesset itself virtually acknowledged by enacting in 2018 the Basic Law of the Nation-State of the Jewish People. Finally, it should be appreciated that by virtue of Article 7 of the Rome Statute of the International Criminal Court, apartheid is classified as a crime against humanity. The experience of South Africa, although very different in its particular, is instructive with respect to the untenability over time of apartheid structures of control over a resisting ethnicity. Whatever the governance arrangement, Palestinian resistance will produce a cycle of insurgent and repressive violence, and this can provide stability for Israel only so long as its apartheid regime remains in place. If the apartheid regime is dismantled it would be accompanied by the end of any claim to impose a Jewish state on the Palestinian people.
Tags: apartheid, BDS, Democracy, diplomacy, Fatah, Hamas, PA, post-diplomatic alternatives