Tag Archives: civil society

The Gaza Tribunal: Law, Conscience, and Compassion

5 Nov

[Prefatory Note: The Gaza Tribunsl of which I am President had a successful Launch meeting with many of its members of its Advisory Policy Council. As the article below  in the Palestine Chronicle notes, the aim of the Tribunal is or legitimize and encourage civil society solidarity initiatives around the world such as BDS. It does make the underlying argument that when the intergovernmental structures of world order fail to implement the UN Charter and international law, then the peoples of the world have the responsibility and opportunity to do so. This is an appeal for citizen engagement on behalf of humanity, and in this instance, in support of the Palestinian struggle for basic. We seek and need the support of persons of conscience and concern everywhere!]  

‘Court of Humanity and Conscience’ – Gaza Tribunal Launched in London 

November 5, 2024 News

A group of people sitting at a table Description automatically generatedThe Gaza Tribunal was launched in London. (Design: Palestine Chronicle)

By Palestine Chronicle Staff  

“Why establish a People’s Tribunal despite the International Court of Justice’s involvement? Because the international order has failed its duty—the ICJ, even after defining Israel’s actions as genocide, cannot enforce its rulings.”

A group of renowned intellectuals, jurists, artists, human rights advocates, and representatives from the media and civil society organizations gathered in London last week, to launch the Gaza Tribunal – an independent initiative serving as a “court of humanity and conscience.”

“Gaza represents a breaking point in the historical journey of humanity, where a global system based on power, not justice, prevails,” the Gaza Tribunal website states. “Based on this perspective, the need to address what is happening in Gaza through its historical, political, philosophical, and legal dimensions is becoming an urgent, necessary duty for humanity.”

Led by Richard Falk, a distinguished international law expert and former UN special rapporteur on the occupied Palestinian territories, the tribunal is taking an alternative route to international justice, aiming to spotlight voices from civil society in the examination of abuses following the conflict that escalated after the October 7 Resistance operation.

Why the Need?

Despite the genocide case against Israel currently underway at the International Court of Justice (ICJ), the initiative is seen as a People’s Tribunal.

“The international order’s failure in fulfilling its duty is exactly why a people’s tribunal is needed. The International Court of Justice, despite designating Israel’s current war as a genocide, is unable to enforce its rulings,” the website states.

The Gaza Tribunal, which convened for two days of initial preparatory meetings in London, brought together around 100 participants.

Who is Involved?

Some who attended the London meeting include Ilan Pappe, Jeff Halper, Ussama Makdisi, Ayhan Citil, Cornel West, Avi Shlaim, Naomi Klein, Aslı Bali, Mahmood Mamdani, Craig Mokhiber, Hatem Bazian, Mehmet Karlı, Sami Al-Arian, Frank Barat, Hassan Jabareen, Willy Mutunga, Victor Kattan, and Victoria Brittain.

Among the participating organizations were Law for Palestine, the Palestinian Environmental NGOs Network, the Arab Network for Food Sovereignty (APN), Adalah, the Legal Center for Arab Minority Rights in Israel, Palestinian human rights organization Al-Haq, BADIL, Al-Mezan Center for Human Rights, the prisoner support and human rights group Addameer, and the Palestinian Center for Human Rights (PCHR).

What are Its Objectives?

The Gaza Tribunal has two main objectives: one particular and one universal. The particular goal is to assist in bringing the tragic events to an end as soon as possible and to hold the perpetrators accountable in the public conscience.

The universal aim is to issue a decision grounded in humanity’s intellectual and moral values, one that can serve as a reference to prevent future atrocities worldwide.

Dwelling on the multi-dimensional underpinnings of the fact that such grave events can, have, and still occur at this point in human history, the Tribunal aims to explain why humanity has been unable to put a stop to such atrocities/how humanity can put a stop to such atrocities.

According to the website, the Tribunal’s “legitimacy comes from addressing the long-standing wounds of the Palestinian issue, with a focus on the ongoing tragedy in Gaza.”

The Outcome

The comprehensive document to be created by the Tribunal after all these investigations and evaluations will fill a critical gap that the nations have realized and will serve as a guiding document for all the world’s nations, states the website.

How Tribunal Operates

According to its website, the Gaza Tribunal mainly consists of the Presidential Committee, the Grand Chamber and 3 Specialized Chambers and six Administrative and Supportive Units.

Acting as a jury of conscience, the Grand Chamber of the Tribunal will consist of all committees’ members and around ten invited people as well. Additionally, jurists, academicians, artists, and intellectuals who have been recognized but have not served on these chambers may also be included in the Public Session Members. The Public Sessions make decisions by a majority rule. Having each member’s opinion be reflected in the decision is essential, and each member has the right to write positive, negative, or differing opinions to be appended to the decision.

Each chamber will consist of five to six members. These members will be among the renowned people in their respective fields. The chambers will discuss and arrive at decisions within their specific areas of discussion, including International Law Chamber, International Relations and World Order Chamber and  History, Ethics, and Philosophy Chamber.

Given the Tribunal’s purpose of drawing attention to the genocide happening in Gaza, the aim is to have the physical sessions of each chamber be broadcast live on such international media channels as TRT World, Associated Press and Al Jazeera.

It will also be comprised of Administrative and Supportive Units.

Administrative Units ensure the efficient and proper functioning of the Tribunal and provide the necessary conditions for fair decision-making. Supportive Units, created at the discretion of the Presidential Committee, facilitate steps that contribute to the achievement of the Tribunal’s objectives.

Inclusivity and Accessibility

In a statement, the tribunal emphasized its commitment to inclusivity and accessibility, inviting Palestinian civil society groups and individuals directly affected by the conflict to submit evidence and testimony, the Anadolu news agency reported.

This body, organizers said, aimed to fill a gap by focusing on the human impact of Israel’s policies and actions on Palestinian civilians.

Beyond addressing recent events, the tribunal’s legal framework will integrate themes of settler-colonialism and apartheid, contextualizing its findings within the decades-long Israeli-Palestinian conflict and historic events such as the 1948 Nakba and Israel’s occupation of Palestinian territories post-1967.

According to the organizers, the Gaza Tribunal “derives its power and authority not from governments but from the people in general and Palestinians in particular, that uses the intellectual and conscientious accumulation of humanity, with which anyone with common sense can agree and that can produce judgments and documents to which one can refer regarding future problems.”

Second Phase

According to organizers, the Gaza Tribunal’s second phase is scheduled for May 2025 in Sarajevo, Bosnia and Herzegovina, where prepared reports, witness statements, and draft declarations will be shared with the public.

Representatives of affected communities and expert witnesses are expected to speak at the Sarajevo session.

The tribunal’s main hearing, a crucial part of the initiative, is planned for October 2025 in Istanbul, Türkiye.

In Istanbul, an expert panel will present a draft of the tribunal’s findings and decisions, incorporating testimonies from witnesses and statements from Palestinian civilians and organizations affected by the crisis.

Ongoing Genocide

Flouting a UN Security Council resolution demanding an immediate ceasefire, Israel has faced international condemnation amid its continued brutal offensive on Gaza.

Currently on trial before the International Court of Justice for genocide against Palestinians, Israel has been waging a devastating war on Gaza since October 7.

According to Gaza’s Ministry of Health, 43,391 Palestinians have, to date, been killed, and 102,347 wounded.

Moreover, at least 11,000 people are unaccounted for, presumed dead under the rubble of their homes throughout the Strip.

Israel says that 1,200 soldiers and civilians were killed during the Al-Aqsa Flood Operation on October 7. Israeli media published reports suggesting that many Israelis were killed on that day by ‘friendly fire’.

Millions Displaced

Palestinian and international organizations say that the majority of those killed and wounded are women and children.

The Israeli war has resulted in an acute famine, mostly in northern Gaza, resulting in the death of many Palestinians, mostly children.

The Israeli aggression has also resulted in the forceful displacement of nearly two million people from all over the Gaza Strip, with the vast majority of the displaced forced into the densely crowded southern city of Rafah near the border with Egypt – in what has become Palestine’s largest mass exodus since the 1948 Nakba.

Later in the war, hundreds of thousands of Palestinians began moving from the south to central Gaza in a constant search for safety.

(PC, Anadolu)

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Palestine, Iran, and Populist Resistance: The Limits of Law, Morality, and the UN

3 May

[Prefatory Note: An interview with the Qods News Agency (Qodsna), the first specialized news agency in Iran, focusing on issues related to the Palestinian cause. The interview was published a week ago in Iran, and is reprinted in modified form that seeks to take account of the Palestinian struggle as connected with wider regional and global conflict patterns, and is giving rise to worldwidestudent protests against genocide and complicity with genocide, as well as a tidal wave of global consciousness sweeping away the cobwebs of political and moral complacency.]

  1. Given the fact that Israel has killed over 34,000 Palestinians in Gaza, mostly women and children, and prevented the entry of international humanitarian aid into the besieged strip, what is your opinion on nearly 200 days of onslaught in Gaza and its aftermath on Palestinians’ lives? How do you describe the genocidal onslaught and war crimes in Gaza?

What has taken place over the last 200 days in Gaza is the most transparent genocide in all of human history. It is the first time that the daily atrocities were broadcast and seen by the peoples of the world in real time. Past genocides have been known almost totally in retrospect through official reports, films and memoirs, which reconstruct horrifying events but after a passage of time. Those Palestinians who managed to survive physically such sustained violence of this extreme character are reported to be suffering from mental disabilities that could persist for their entire life. It is a tragic, dehumanizing ordeal, above all for children. It is further shocking that Israel should remain insulated from denunciation and accountability despite its continuing practice of such extreme criminality.

Genocide should be understood to exist from three quite distinct moral, political, and legal perspectives. The moral perspective is made clear in Gaza by the declared intentions, policies, and practices of Israel’s highest leaders, and carried out in a totally disproportionate, indiscriminate, and lawless manner, and aggravated by consistently sadistic and demeaning treatment of Palestinian civilians who fall under the control of the Israeli armed forces. The political perspective is established in Gaza by numerous trustworthy witnesses and victims, as well as by vivid visual evidence of genocide in line of justifications adopted by Israel and its supporters. Yet the political assurances about the commission of genocide is vulnerable, as here, to the be overridden by geopolitical considerations and strategic calculations. The legal perspective relies on the presentation of evidence and interpretations of international law, above all by the delineation of genocide in the Convention on the Prevention and Punishment of the Crime of Genocide (1948). Provisional conclusions as to international law can be derived from the opinions of legal experts holding important professional positions. For instance, the current UN Human Rights Council Special Rapporteur for Occupied Palestine, Francesca Albanese issued an excellent report in March 25, 2024 entitled ‘Anatomy of a Genocide’ [A/HRC/55/73]that carefully analyzed the elements of the crime and concluded that the facts and law supported the allegation of genocide. And yet until a qualified national or international tribunal with jurisdictional authority to assess the charge of genocide examines the evidence and hears the arguments of the defendant government or political actor it is impossible to say with technical propriety that the behavior in question is genocide from a legal perspective.

2-How can the world public put pressure on governments to force Israel to stop atrocities in Gaza?

It has proven difficult to challenge Israel effectively at the UN and elsewhere. Powerful countries in the Global West are complicit in supporting Israel’s policies and practices, including Israel’s misleading claim that it possesses an unlimited right to defend itself in response to the Hamas attack of October 7. The liberal democracies of Western Europe and North America are prominent among governments lending varieties of support to Israel that extends to endorsing Israel’s gross distortions of facts and law, which has had a detrimental effect on the authority of international law and the UN. The US above all has been guilty of double standards, using international law as a policy instrument to attack its adversaries such as Russia and China and disregarding its relevance with respect to the behavior of allies and friends such as Israel, Saudi Arabia, and India.

It is important to also understand the more passive complicity of Israel’s main Sunni Arab neighbors that fear challenges from Hamas-type Islamic movements more than intrusions on their autocratic stability associated with the establishment of Israel or post-colonial intrusions by Western powers. It was a surprise to many in the West that the governments of Jordan and Saudi Arabia cooperated in defending Israel on April 13 against the Iranian retaliation for Israel’s April 1st attack on its Syrian consular facility, killing two of its top military advisors. This pattern of regime politics in the Arab world does not reflect the outlook of the population in these countries, which shares a strong affinity with the Palestinian struggle and is often oriented with Islamic leadership of populist, protest Arab politics as was evident during and after the Arab Spring.

South Africa has been applauded widely for taking the initiative to bring allegations of genocide to the International Court of Justice under Article XI of the Genocide Convention that legally empowers any party to the treaty to bring a dispute with another party before the ICJ. Although the ICJ rose above politics by rendering an historically important, near unanimous interim decision granting several of South Africa’s requests for Provisional Measures on January 26, 2024. Unfortunately, this preliminary ICJ order had little behavioral effect as Israel defied the interim obligatory adjustments in Gaza pending a subsequent decision on whether the allegation of genocide has been legally established after fully weighing pro and con arguments.

Israeli defiance and US dismissive attitude toward the authority of the ICJ given its view of Israeli violence in Gaza fully exposed ‘a UN crisis of implementation’ of great significance. Given Israel’s refusal to comply meant that any effort to enforce the ICJ Interim Orders would depend on action by the Security Council, which would almost certainly be vetoed by the United States. Additionally, an ICJ decision on the merits with respect to genocide must await comprehensive oral arguments and written pleadings, as well as the time needed by the judges to do their own inquiries, a legal process that would not be completed for several years, which would likely be after present emergency conditions in Gaza had been resolved for better or worse.

Nevertheless, the ICJ Interim Order was an impressive vindication of international law and a legitimating demonstration of the legal professionalism and political independence of the Court. It has also had an authenticating impact on the governments of the Global South and even more worldwide in relation to civil society, including even in the United States and other complicit countries where the surge of student pro-Palestinian protest activism cannot be wholly disconnected from the authoritative findings of the ICJ disregard in policy by Washington almost as much as by Tel Aviv. Whether this pressure will remain robust enough to result in coercive actions by way of boycotts and sanctions, and pariah status, remains to be seen, but at minimum it suggests that even in this unfavorable political setting international law and populist activism offer some hope that genocide can be stopped and its perpetrators held accountable, if not formally, then by the action of peoples around the world.   

3-What do you think about Palestinian resistance fighters’ right to initiate the October 7 operation against Israel?

The right of resistance on the part of a people long occupied and abused is well established. Prior to October 7, Israel’s commission of the crime of apartheid in its manner of governing the Occupied Territories and the Palestinian minority in Israel had been documented in detailed reports by several of the most respected human rights NGOs including Human Rights Watch and Amnesty International, as well as by the Israeli NGO, B’tselem, and by UN’s ESCWA.

While the right to resist is certainly justified by the conditions imposed over the long period of occupation, which featured Israeli failure to uphold its duty as Occupying Power to protect Palestinian civilians under its control, it does not confer unlimited rights of resistance. Tactics of resistance, as for other armed groups including those operating under the authority of a sovereign state, are obliged to comply with international criminal law, and not abuse or target civilians, impose collective punishment, and commit atrocities. Yet unlike the apartheid and genocide allegations against Israel, there is as yet no authoritative account of what happened on October 7. There were, at first, luridly exaggerated claims of barbarous behavior reported to the world by Israel, but later modified by retractions and much skepticism about Israel’s depiction of events on that day. Until an international factfinding commission is established and given full cooperation there will be doubt about the extent to which the criminality of the Hamas attack tainted its resistance claims, and the degree to which Israel itself was negligent about heeding warnings and otherwise responsible for the lapse of border security.

4-How can the Palestinian people achieve their rights and overcome the ongoing occupation?

The Palestinian people are winning the struggle for public support in civil society and among many governments in the Global South. The rise of popular support for Palestinian rights even in complicit governments may erode somewhat their willingness to continue normal relations with Israel. Whether this political post-Gaza reappraisal is enough at this stage to make a difference with regard to ending Israeli occupation is not clear at present. Prior anti-settler colonial struggles have been eventually won by a colonized people if they manage to survive the almost inevitable genocidal assault by settlers to their existence. The breakaway British colonies in North America, Australia, and New Zealand managed through genocidal tactics to marginalize or eliminate the resistance of native and indigenous peoples and complete their settler colonial projects; South Africa failed, and the project collapsed. Israel is in that space where it will either join the settler colonial ‘success’ stories or it will succumb to national resistance, with Jews either giving up the Jewish supremacy claims of Zionism or finding a means to coexist with Palestinians on the basis of true equality and mutual respect, presupposing a honest accounting of the past as with some sort of truth and reconciliation process that has smoothed a transition from repressiveness to constitutionalism. The best example of managing such a transition was South Africa, benefitting from the leadership of Nelson Mandela and Archbishop Desmond Tutu, yet also experiencing bumps in the road along the way. Its pro-Palestinian ICJ initiative was a symbolically important way of honoring the enduring legacy of Mandela’s anti-apartheid struggle.

5-As you know, Israel attacked Iran’s consulate, killing its military advisors in Syria which is considered contrary to international conventions, which prompted a military response by the country. What is your take on Iran’s punitive response to Israel, especially in terms of international laws?

The Iranian retaliatory strike against Israel caused neither deaths nor damage, although had its array of missiles and large number of drones not been destroyed, it might have had a war-generating disproportionate effect. The interpretation of Iran’s retaliation remains ambiguous. Did it intend to display its military capabilities to attack Israel directly without inflicting major damage or was it an operational failure in the sense that the intention was to be as destructive as possible. Without clarity on this question, it is impossible to make an intelligent assessment of the relevance of international law to the events of April 13th.

The legal status of retaliatory violence is a gray area of conflicting opinions among law experts, often colored by political identities and jurisprudential orientations. On the one side are legalists who suggest that all retaliations violate the UN Charter and international law by validating uses of international force only in situations of a sustained armed attack across an international border. By this reading even a modest retaliation against the Damascus attack was not lawful.

As with other issues, this strict reading of international law is not descriptive of international practice with respect to acts of retaliation, which in practice over the years validate ‘reasonable’ retaliations so long as proportionate in relation to the provocation. Israel’s second attack on Iran, however, would seem to be unlawful as it ignored the reality that it initiating the cycle of violence on April 1st by its lethal attack on Iran’s consular facility in Damascus, and to regard it as entitled by any standard of law or reasonableness would tend to continue the cycle of interactive violence indefinitely.

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Emergency London Conference to Stop Genocide in Gaza

2 Feb

Richard Falk discusses ICJ ruling and implications for Israel – YouTube

An interview given on Jan 27 to Middle East Eye during the Emergency London Conference
to stop genocide in Gaza, held a day after the ICJ grant of Provisional Measures
requested by South Africa. The prospect of non-compliance by Israel and its
enablers, shifts responsibility to civil society to overcome the implementation crisis
through global solidarity activism. Together with praise and assessment for the South African initiative,
the role of civil society was a major theme of the conference.

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30 Nov
a Call by Palestinian Universities on Gaza and the future that is calm, clear, strong, persuasive, and sensible, but will not be heeded in Tel Aviv or Washington without an unrising by people representing civil society/

https://www.birzeit.edu/en/news/unified-call-justice-and-freedom-palestine

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A Response to Heikki Patomaki: Is the Time Right for a World Political Party? 

16 Feb

[Prefatory Note: The following post is my commentary on an essay by Heikki Patomiki, a leading Finnish scholar who has devoted his career to working on the normative frontiers of international relations: especially the struggle for global democracy. Here he explores and cautiously advocates a civil society global effort to establish a world political party in a form appropriate to global conditions and with the overriding goal of the enhancement of the individual and collective wellbeing of humanity. Professsor Patomaki’s essay and the range of comments, including mine, can be read by clicking this link  https://www.greattransition.org/publication/roundtable-world-party

This interaction was sponsored by the Great Transition Initiative of the Tellus Institute, which is notable for its emphasis on the crucial nexus between praxis and theory. My comment is below, but the others develop a variety of responses, pro and con, the proposed undertaking of establishing a world political party.]

 

 

A Response to Heikki Paomaki: Is the Time Right for a World Political Party? 

 

I have long admired the “visionary realism” that has been at the core of Heikki Patomäki’s scholarly contributions to the struggle for a peaceful, democratic, sustainable, and just world order. It is “visionary” because Patomäki depicts a future for humanity that exceeds the limits of the feasible, and seems guided by what is necessary(in responses to challenges) and what is desirable(with respect to values and opportunities). In addition, he writes with lucidity, considers impediments, and takes seriously skeptical objections to what he proposes. It is a form of “realism” because Patomäki takes account of what is real by way of threats to human wellbeing, and makes use of experience with other radical global reformist projects as a basis for assessing the plausibility of his own conjectures and proposals. All of these positive qualities are present in this essay putting forward the case for taking steps now to establish the first ever world political party.

As I read Patomäki, his point of departure is to affirm as a world order imperative the urgent need for “a fundamental shift from the dominant national mythos to a global worldview.” Without quibbling about choice of words, I think what he has in mind is less a “shift” than the emergence of a global worldview with the political traction needed to address the global-scale problems that he enunciates. The existential point of departure is the interconnectedness of every individual on the planet, no matter how diversely situated in relation to class, race, occupation, and political milieu in the face of such mounting global risks as are associated with “ecological crises and weapons of mass destruction.” Patomäki attributes the dysfunctional response patterns to these shared risks to the prevailing national mythos and its political manifestations in a world order system dominated by territorial sovereign states. A world political party, generated by activist initiatives of civil society, could in Patomäki’s view become the vehicle to facilitate a global transformation that would offer the peoples of the world a path toward risk reduction resulting from a more appropriate administration of planetary activity in all policy domains. Such a transformative process would become manifest in a more functionally and normatively appropriate institutionalization of political life than the present reliance on the zombie national mythos, that is, a system that persists long after its functionality has deteriorated. Patomäki believes that a world political party would become a vital force in giving credibility to a global mythos responsive to the challenges and opportunities of planetary interconnectedness.

Even taking account of the limits of coverage in a short essay, I have some problems with the way in which the world political party is situated in the historical present. I would have liked to see some greater diagnostic emphasis on geopolitics and neoliberal capitalism as obstacles to global transformation and as oppositional to the formation of a politically relevant world political party. Geopolitics is important because hierarchies of power and wealth embedded in the established order suppress any realist risk assessment process, as well as make inequalities of benefits and burdens override the commonalities of human interconnectedness. Similarly, neoliberal capitalism operates according to a transnational logic that accentuates many dimensions of inequality, and is oriented in ways at odds with both the national and global mythic landscapes that understandably preoccupy Patomäki.

A further question I have is a matter of resonance and receptivity. I have the sense that Patomäki’s version of visionary realism is at once too late and too early. It is too late in the sense that there existed greater fluidity with respect to world order arrangements either in 1945 at the end of World War II or in the early 1990s at the end of the Cold War. In 1945, there was a heightened sense of world risk due to the recent atomic attacks on Japanese cities and what that prefigured for future warfare. Civil society would have been receptive to bold initiatives by national governments, but it was dormant with respect to envisioning shaping the future by forming a world political party that embraced an agenda based on the survivability of the species and the benefits of a cooperative world order reflecting a global ethos. After the Cold War, there was a sigh of relief, but the absence of any relevant kind of transformative energy directed at dramatic risk reduction and globally oriented problem-solving. Political leaders missed this golden opportunity, and the multitudes were pacified by consumerism and materialist aspirations.

We are now experiencing a set of global realities that seems devoid of the missed opportunities of these two occasions in recent international history when the stars of destiny seemed more favorably aligned for the promotion of visionary realist undertakings, including the formation and rapid support for a grassroots type of world political party. What the present conjuncture of forces most offers to those who share, as I do, Patomäki’s insistence that we need a fundamental shift toward globality of consciousness and action is as yet difficult to grasp, let alone endow with transformative agency. I would emphasize two unheralded features of our global circumstance, perhaps in accord with “Big History” that Patomäki calls to our attention: First, the ease of communication and networking associated with the digital age where globally constituted projects of this sort can be interactively shaped without requiring physical face-to-face meetings; secondly, the very adversity of circumstances and the severity of global risks is giving rise to a radical populist consciousness, which while still at the margins, contains the ingredients of a political platform that does justice to the needs and values that should inform a world political party from its inception. This radical consciousness can be thought of as an acknowledgement of the first bioethical crisis in human history, which raises questions about whether the species has a collectivewill to survive.

I find these kinds of general considerations of our human circumstances more illuminating than the sort of encouragement that is derived from the successful movement for the establishment of the International Criminal Court or the ongoing efforts of the Democracy in Europe Movement. It is true that these projects show that transnational political undertakings can work to some extent even in the face of resurgent nationalism, but I do not find such undertaking as having relevant transformative agency or potential.

I would like to end with an aside associated with the failures of the Arab Spring in 2011. Having been in Cairo just after the extraordinary mass nonviolent uprising that led to the downfall of a cruel, autocratic regime in Egypt, I witnessed the excitement and hope of the people at the time. I also witnessed the consequences of not having a clear agreed-upon vision of what needs to be done, a political platform that sets forth a program. My fear associated with promoting a world political party at this time is that it is ideologically premature. This is not a call for a blueprint, as I agree with Patomäki that such specificity would be shaped as the party took form, and in response to inputs from participants around the world. Yet there is a need for more concreteness regarding capitalism, geopolitics, international law, human rights, climate change, nuclear disarmament, and the UN than is contained either in Patomäki’s fine essay or, more significantly, in the climate of progressive world opinion. Until that degree of clarification and consensus is present, I fear that disillusionment would be the likely outcome of any present effort to move forward with the formation of a world political party. Our time can be better spent otherwise to satisfy the urgent challenges of a transformative global agenda, although putting the ideaof a world political party in the progressive imaginary is a constructive contribution. What I find questionable at this point is any serious effort, given present realities around the world, to actualize the idea.

 

 

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Transcending World Order Regressions? 

30 Oct

 

 

[Prefatory Note: Initially published by Transcend Media Service, Oct. 29, 2018; the piece is dedicated to the memory of my cherished friend Marc Nerfin, whose creativity, social grace, progressive vision, and organizing talents are greatly missed, and most needed]

 

Transcending World Order Regressions? 

Not long ago I reread a wonderful essay written by my friend Marc Nerfin thirty-five years ago, and published with this enigmatic title, “Neither Prince nor Merchant–Citizen: An Introduction to the Third System, 1981.” The essential position taken by Nerfin is that neither the sovereign state nor the economic order is oriented toward a humane and sustainable future, although both nodes of power remain necessary for the organization of life on the planet.

For Nerfin what can alone produce an emancipatory politics is the further mobilization of what he labels as ‘the third system.’ Nerfin offered this definition: “Contrasting with governmental power and economic power —the power of the Prince and the Merchant—there is an immediate and autonomous power, sometimes evident, sometimes latent: people’s power. Some people develop an awareness of this, associate and act with others and thus become citizens. Citizens and their associations, when they do not seek either governmental or economic power, constitute the third system.”

It is suggestive that Nerfin defines a citizen by what someone does by way of action, either singly or collectively, rather than as a formal status conferred by the decree of the state. He also observes that to be part of the Third System is to forego any ambition to exercise state power or to participate in the global economic order. In other words, citizenship implies autonomy of action and aspiration, but it is not reduced to the ideology of liberal individualism that tilts international human rights in Western civilizational directions, which would weaken its universalist claims.

This orientation has definite ideational links to the commoner movement that has been conceptualized in the writings and activism of David Bollier [See e.g. Bollier, Think Like a Commoner: A Short Introduction to the life of the Commons (2014)] who envisions a positive human future on the basis of joint action by individuals, groups, and communities that seek lives and livelihoods independent of state or market, pointing to an upsurge of cooperative undertakings along these lines around the world. Similarly, my assessment of neoliberal globalization that is negative about what I identify as ‘globalization-from-above,’and rests hope upon the potential transnational mobilization of movements in the spirit of ’’’another globalization’or ‘globalization-from-below.’It is a perspective that also insists that it is the creativity of people acting within the confines of civil society, not the projects of state and market, that possess emancipatory potential given our historical circumstances. [See Predatory Globalization: A Critique(1999)] 

 

Nerfin also apologetically notes that citizenship is at its roots a distinctively Western experience of societal participation in the shaping of collective life, and other civilizations are fully expected to have their own ways of vindicating participation as the basis of an experience of positive belonging to a larger human collective. Aside from these nuances, the central claim is that only the peoples of the world, acting spontaneously, collectively, and purposively, can achieve the sorts of transformations that human survival and ecological sustainability depend upon. It is this clarification by Nerfin that establishes illuminating affinities with the work and ethical engagements of Bollier, Johan Galtung, Robert Cox, Stephen Gill and many other thinkers who have freed themselves from the blinkering perceptions of global issues and world order as set forth by the ‘realist’mainstream, that is, those out of touch with reality, accurately and humanely conceived.

In rather profound ways, what Nerfin wrote more than three and half decades ago is more relevant to our current situation than when it was written. At the time, although the world was certainly imperiled by the Cold War, featuring a menacing nuclear standoff, predatory forms of capitalist expansion that were unperturbed by the persistence of mass misery or by the bloody interventionism that accompanied the sunset wars of the colonial era. At that time, compared to the dismal present, there were sources of normative promise and widespread hope, not least of which were the collapse of European colonialism and the liberation of hundreds of millions formerly captive in the global South.

The United States provided a partially benevolent leadership in world affairs, which while uncomfortably militarist, was still alert to the shared need for multilateral diplomacy and global lawmaking, as well as supportive of the United Nations so long as its limits were understood as limited, that is, not designed or empowered to challenge Western geopolitical maneuvers. Similarly, capitalism, still wanting to gain moral advantages in its rivalry with socialism, created social protection systems for much of its population, which while far from adequate, did introduce some degree of empathy into the dog-eat-dog life of a market driven society generating ever wider gaps of wealth and income.

When we consider the present, the situation of prince and merchant seems dismal by comparison. The United States exhibits an authoritarian, demagogic, and plutocratic leadership style that repudiates multilateral diplomacy even on the most vital of global challenges. Without even attempting to offer reassurances, Trump champions a law free sovereignty that is unapologetically dedicated to maximizing its national wealth and influence on a purely self-interested basis. This insular conception is backed up with escalating government investments in military capabilities. The avowed intention is to achieve a new form of global military dominance that will last forever.

Such a dark vision was set forth unabashedly by Donald Trump in his recent speech to the UN General Assembly that  provoked far more derisive laughter than applause, although tears might have been more appropriate. Trump’s regressive geopolitics are coupled with the simultaneous launch of protectionist trade wars and private sector deregulation that encourages the continuing plundering of the planet, the further dismantling of domestic social protection structures, while being denialist or dismissive with respect to the grave multiple ongoing challenges of global warming, genocidal strife, massive human displacement and migration, expanding pockets of extreme poverty, and renewed threats of famine.

Yet it is not just a matter of this American populist embrace of what seems like a pre-fascist agenda at home and a disastrous retreat from engagement internationally, but structural trends along nationally distinctive yet globally convergent lines. Almost every large country is beset by right-wing ultra-nationalist leadership that mobilizes its base of support by finding scapegoats within its borders to account for mass frustration and anger, and favors walls to flaunt its exclusionary political will, epitomizing a callous rejection of  migrants fleeing combat, destitution, and despair. Such moral callousness is a sure sign of a fractured humanity and declining civilization. This global pattern signifies structural imbalances that have led to enraging levels of inequality, which results in stagnancy or worse for the multitude, while showering unprecedented wealth on tiny economic, often corrupt and criminalized elites.

Whereas Nerfin could invest his hopes in the creativity and visionary potential of people organized for fundamental change, we now have reasons to fear that the manipulation of democratic passions for the sake of order and vengeance will make a woefully inadequate system of world order even worse. The recent Brazilian elections are indicative of what we need to fear and oppose—an unqualified demagogic candidate, Jair Bolsonaro, known for his expressions of homophobia, hatred toward minorities, and harsh campaign promises to drain violently the swamps of government of its corrupt elements triumphs over traditional social democrats and even market oriented conservatives.

In this respect, we need to question whether and how the energies of the Third System, commoning, and globalization-from-below can be redirected toward emancipatory goals in ways that have mass appeal. If not, we must look elsewhere to meet the vital challenges of this bio-ethical emergency when organized global society seems distracted from such time-urgent policy priorities as climate change, genocide, and nuclearism.

To be fair, the Nerfin and Bollier perspectives do not expect media manipulated mainstream citizenries to provide the emancipatory energies needed. They are more reliant on accelerating detachment of persons and groups from these central organizing systems of state and market, finding free space to envision and enact alternatives in local settings that are indifferent, or even hostile toward conventional coding classifications of nationality, ethnicity, and religion. Perhaps, such exploratory communities are civil society’s incubators for civilizational transformations that will usher in a planetary civilization guided by human interests and planetary realism when it comes to the global agenda and by local governance with respect to the daily life of communities. Even if this is so, the world order crises that are threatening human and non-human futures with catastrophe pose immediate challenges that cannot depend on the long temporal rhythms of axial transformation, which may last for centuries. Humanity is now facing challenges that need restorative responses within decades if tragedy is to be avoided.

Nerfin recognized that while emancipation was a Third System undertaking, the organization of global complexities still required responsible action by prince and merchant. In this respect, there is no escaping the imperatives of turning the tables on right-wing populism and predatory capitalism if the human species is to find the time, space, and imaginative energies to fulfill the vision and potential of ecological humanism, the only ethos that can build credible hopes for the further unfolding of the twenty-first century, which future historians are likely to perceive as the threshold of a new phase of world history.    

 

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Escaping ‘Fortress Earth’

23 Nov

 

 [Prefatory Note: the essay below is a response to a stimulating visionary exploration of how the future might be reconstructed so avoid the current drift toward what Paul Raskin in Journey to Earthland dubs as ‘fortress earth.’ My response is one of many that can be found at the following link: http://greattransition.org/publication/reflections-on-journey-to-earthland. The link to the landing page of the initiative is http://www.greattransition.org/publication/journey-to-earthland. Raskin’s Journey to Earthland can be ordered from this Website or via Amazon. The essay itself, published here in its original text, can be properly cited as Richard Falk, “Reflections on Journey to Earthland: The Great Transition to Planetary Civilization,” The Great Transition Initiative (November 2016), http://www.greattransition.org/publication/jte-reflections-falk].

 

Escaping Fortress Earth

Reading Journey to Earthland is an extraordinary experience. Paul Raskin is not only a master navigator of the complexities of our world but someone who conveys a vision of the future that manages to surmount the unprecedented challenges facing humanity at several levels of social, cultural, and ecological being. His vision of a humane future for the peoples of the world is fully sensitive, as well, to the need for transforming the modernist relationship with nature based on domination, exploitation, and alienation that has resulted in an ecological backlash that threatens our well-being, and even raises doubts about the survival of the human species. And perhaps most remarkable of all, Raskin not only depicts a future that is convincingly portrayed as necessary and desirable, but also shows us that its attainment is within the domain of the attainable, although not presently politically feasible. Raskin is also realistic enough to acknowledge that his whole project is vulnerable to a counter scenario, Fortress World, which could with tragic results supersede his vision of a humane and sustainable future.

 

To make Raskin’s ideas about a desired and desirable future a viable political project is the underlying mission of JTE. To succeed with such a mission requires mobilizing sufficient support based on a credible conception of why we are not foolish to enlist in the civil society movement dedicated to take us from where we are to where he wants us to be

In an important sense, the book falls outside the typical genre of futurist writing because it is preoccupied with how to close this gap between the necessary and the feasible, and in the process situate a desirable future within the realm of the attainable. It is in this regard, with a certain exuberance of expectations, that Raskin pins his hopes on the emergence of a robust global citizens movement that will challenge the status quo by mobilizing people around the world sufficiently to reach a tipping point that allows a new political consciousness to take over enough venues of governmental, economic, cultural, and spiritual authority to facilitate transition to the humane future being advocated. There is no doubt in my mind that this book is a culminating expression of Raskin’s own journey, as well as an indispensable gift to the rest of us, providing the best available set of conceptual tools to engage interactively with human destiny and, especially, to see bright shafts of light beyond the darkness being produced by present trends. In what is essentially an extended essay, Raskin sets forth concisely, with flourishes of intellectual elegance, all we need to know and do to achieve this benevolent future.

 

JTE describes the contours of a desirable future, including the adjustments that must take place at the level of values and consciousness, essentially a turning away from consumerist and materialist conceptions of the good life without relinquishing the gains of modern science and technology. What Raskin envisions is a more spiritually enlivening sense of the meaning of life to be realized qualitatively through leisure, enjoyment of nature, inner serenity, and a satisfying lifestyle that is liberated from the tensions and anxieties of a typical capitalist life experience. The society thus envisioned would no longer be appraised by the quantitative criteria of growth and wealth, which have led to gross disparities of life circumstances—extremes of poverty for the many and wealth for a few—disparities that can only be sustained over time through reliance on manipulation and coercion.

 

Raskin imaginatively shapes a socially attractive future based on post-materialist core values and the accompanying need to gain political empowerment through reliance on the renewed energy of persons awakened to this challenge and inspired by the potentialities of the journey. He is clear about the need for people in civil society to be the main vehicle for realizing this transformative vision, and is convincingly skeptical about such a desirable future being achieved by existing economic and political elites whose consciousness is largely a captive of the modernist embrace of neoliberal structures, militarism, and a materialist understanding of the human condition. In a fundamental respect, Raskin’s call to action rests on an ethics of responsibility that asks each of us to join in this great work of composing a different future than what is being shaped by the dominant macro-trends of the world as now constituted.

 

We need to keep in mind that a desirable future remains possible despite present trends appearing to prefigure a disastrous future (that is, Raskin’s Fortress World). Under these circumstances, we who believe in the JTE vision need to be responsive to a double challenge—first, the strong responsibility to act, and second, the duty to learn to become trusted navigators throughout the long journey to Earthland. This burden of civic responsibility is the essential feature of what it means to feel, think, and act as a global citizen, inspiring a pilgrimage from the here-and-now to the there-and-then. Because this is a hazardous journey to be undertaken without the benefit of a map that charts the proper route, I have described the ideal global citizen as “a citizen pilgrim,” an image that Raskin also affirms, which disavows dogma and blueprints of the future, and is reliant on innovation, flexibility, and a readiness to make course corrections en route.

 

Let me turn to raise a few questions that might prompt further reflection and commentary. I have read JTE while on a lecture tour in Pakistan, and have been struck by the relevance of social location. I spent several days in Karachi, a security-obsessed, impoverished, yet vibrant city of over 22 million people, most of whom are struggling with the multiple urgencies of daily existence while the privileged elites seal themselves off from the masses in heavily guarded gated luxury housing. True, there are many young idealistic persons in Pakistan devoted to human rights and environmental protection who are active in an array of local communities, but these brave souls are often threatened by religious extremists who reject any solution for the torments of the present that are not centered on a prior embrace of fundamentalist versions of Islam. I found that social priorities in Pakistani society are overwhelmingly preoccupied with the immediate and the local: paying for the necessities of a bare life, opposing forced evictions from their homes in the city to make way for a shopping mall or a gentrified neighborhood, protesting the assassination of a social activist who was perceived as a threat to religious zealots, and lending emergency assistance to the victims of a natural disaster—flood or earthquake—by providing desperately needed medical supplies, food, and shelter. What I am asking myself, while hoping for guidance from Raskin, is whether Pakistanis can read JTE without dismissing it as the musing of a Westerner not faced with the intense existential pressures that dominate the lives of most residents of Karachi, and much of the Global South, as well as many inner cities in the North.

 

In effect, how relevant is social location and cultural ambience? Would Raskin write the same book if his consciousness had been shaped by a lifetime of struggle in Karachi-like circumstances? These questions raise others. Is there more than one journey to Earthland? Are there alternative Earthlands? Do we need a multi-civilizational articulation of desirable and possible, and hopefully convergent, futures written by ethically and spiritually sensitive individuals who see the world around them and a preferred future from within the imaginative spaces of their varied social locations and cultural milieus?

 

Are there practical ways to overcome or diminish this reality characteristically prevailing in the West with that in the Global South? What might deepen understanding, and even help reduce the obstacles, would be to convene a worldwide gathering, perhaps an online forum, of public intellectuals from around the world to engage in a continuing dialogue on the main theses of JTE. The objective would be to produce a collective response to JTE, or if that proved to be impossible, then to solicit alternative visions of desirable planetary futures, including the politics of transformation. Along the way, a global community of citizen pilgrims would form, and set its own agenda. Would it not be illuminating and potentially transformative to have such a gathering, either digitally or preferably in a face to face format, dedicated to planning “a journey [or journeys] to Earthland”?

 

On the basis of recent experience in various parts of the world, I believe that political and economic systems as now operating would do all in their power to break the will and organizational integrity of any global citizens movement that managed to get off the ground. I happened to be in Tahrir Square in Cairo two weeks after the Egyptian people made history in 2011 by suddenly rising to overthrow a corrupt and oppressive tyrant, Hosni Mubarak. There was much popular excitement in the aftermath of this historic occasion, the thrill of an empowering nonviolent populist movement giving rise to confidence that the future would bring to Egypt a democratic political order, a far more equitable economy, and respect for the dignity of individual Egyptians. And yet, two years later, the Egyptian people again exhibited their agency, but this time to support a bloody coup against the elected political leadership that has brought to power a more repressive military governing process in Egypt than had existed during the three decades of Mubarak’s dictatorial rule. This improbable political reversal reflected the strength of counterrevolutionary forces that will do whatever it takes to prolong the ascendancy of the old order that privileges dominant elites at the expense of the citizenry as a whole. Applying this understanding to the vision of Earthland, isn’t it important to envision the future from a less linear, and more dialectical standpoint, as the unfolding of an epic struggle between opposed worldviews and their civilizational embodiments? In historical periods of transition, contradictory responses reflect forces of deep discontent and alienation on one side while exhibiting the aspirations of the hopeful and compassionate on the other.

 

This leads to another concern. In the aftermath of the Cold War, there was a widespread belief that democratization was the inevitable wave of the future. After the collapse of the Soviet Union (and Russia’s subsequent eagerness to be part of the neoliberal world order) and the opportunistic participation of China in the capitalist structures of trade and investment, it seemed that there was an emergent planetary future premised on a victorious combination of market-oriented economics and constitutional democracy. Almost three decades later, it is evident that something has happened to that firm ground of political legitimacy on which we seemed to be standing after the fall of the Berlin Wall. We are now increasingly living in an era of the popular, and not just the populist, autocrat who, once elected, administers a strong state with an iron fist. That is, peoples in many countries are electing leaders by democratic means that are blatantly dismissive of human rights and political freedom, and oblivious to the mounting dangers of climate change.

 

In every corner of the world, right-wing ultra-nationalist, militarized governments that promise to bring order and security are being chosen by voters over those that offer the rewards of democratic pluralism and responsible attitudes toward climate change, nuclear weapons, and other challenges of global scope. Whether it is Putin in Russia, Abe in Japan, Modi in India, Duterte in the Philippines, Erdogan in Turkey, or Sisi in Egypt, the pattern of popular authoritarianism is evident even if explanations in the various national settings are quite diverse. This distressing pattern of regressive politics can also be seen in the resurgence of proto-fascist parties in Europe, arising in the wake of mass discontent with existing economic and social policies. Their anti-immigration and chauvinist priorities prefigure the character of a Fortress World. The Brexit vote in Britain and the Trump phenomenon in the United States are likewise illustrative.

 

In other words, in even the most benevolent transition from the modern to the planetary that Raskin so clearly depicts, it is important to appreciate that bad things are bound to happen along the way. Such awareness guards against disillusionment. This surge of populist passion for ultra-nationalism from below and securitization from above poses a serious challenge to the JTE project. Maybe it is necessary to begin asking ourselves whether under the pressure of the times we, the peoples of the world, can abide the uncertainties of substantive democracy (human rights, diverse political movements)? In effect, how should this global crisis of democracy be properly introduced into a discussion of the role of the global citizens movement that is integral to Raskin’s transformative hopes?

 

It is possible that this disturbing populist trend currently sweeping the globe will be short-lived, dying of its own deadening weight. There are definite steps that can be taken to restore public confidence in democracy and human rights, which seem indispensable features of a humane Earthland. It is important that the dynamics of economic globalization become committed to diminishing inequality within and among states. It is also necessary to balance a preoccupation with the efficiency of capital and the statistics of economic growth against the goals of ending poverty, addressing climate change, and creating conditions of work and human and ecological security that enhance the quality of life for rich and poor alike. Other kinds of constructive policy initiatives include reducing the waste of resources on militarization and ending reliance on forcible intervention in foreign societies without proper UN authorization.

 

A further relevant effort would be the recognition that some of the pressures being mounted against democracy in the West arise from the mass migration of desperate people seeking to escape from war torn conditions and the havoc caused by global warming. Until the root causes of these migrations, and the accompanying terrorism generated by extremist political reactions, are addressed, it will not be possible to reverse this right-wing populist trend. These migrations occur when conditions become intolerable, and the pressure to escape to safer places becomes so intense that desperate persons willingly take huge risks. When large numbers of such people in need arrive at the borders of prosperous countries in the West, especially given manipulated fears that terrorists are lurking in the midst of the migrants, right wing demagogues have a field day. The most constructive response patterns are to do all that can be done to remove the conditions that give rise to the intolerable conditions, that is, deter migration at its source.

 

I suppose, in the end, I am saying that there are some issues that need to be more fully addressed before people outside the still relatively liberal democratic West can be expected to sign up for the journey to Earthland. In effect, in places like Pakistan where the struggle to find out how to be a constructive national citizen seems such a current preoccupation for those who seek to be politically responsible, an essential challenge is how to present Raskin’s message of the responsible global citizen in forms sufficiently relevant that it is sensitive to the fears, hopes, and concerns of this part of the world.

 

In conclusion, it may appear captious to expect more when JTE already gives us so much. At the same time, when Raskin raises hopes this high, it becomes even more important to begin the journey with eyes wide open. Otherwise, the prospects of early disillusionment are high. Remembering that this is a planetary journey already underway in a variety of forms may be of some help, along with the realization that there exist multitude points of entry throughout the planet. The recognition of this multiplicity ensures that a truly global citizen acts inclusively toward the range of civilizational identities.

 

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Zionism, Anti-Semitism, BDS, and the United Nations

8 Jun

 

 

[Prefatory Note: An earlier abridged version of this post was published by Middle East Eye under a different title on June 5, 2016. The focus is upon the misuse of anti-Semitism by those defending Israel to deflect a rising tide of civil society activism and public criticism of Israeli policies and practices.]

 

Zionism as Racism? Zionism and the State of Israel

 

More than 40 years ago the UN General Assembly adopted controversial resolution 3379 by a vote of 72-35 (with 32 abstentions), determining “that Zionism is a form of racism and racial discrimination.” This resolution was bitterly opposed by Israel and its friends in 1975. According to Zionists and others this resolution was an unacceptable assault on the dignity of the Jewish people, a blatant expression of anti-Semitism, exhibiting hurtful insensitivity to the long dark shadow cast by horrific memories of the Holocaust.

 

The Israeli ambassador at the United Nations, Chaim Herzog, was unsparing in his denunciation: “For us, the Jewish people, this resolution based on hatred, falsehood and arrogance, is devoid of any moral or legal value.” The American Ambassador, with a deserved reputation as an outspoken diplomat, Daniel Patrick Moynihan, was hardly less severe. In the debate preceding the vote Moynihan used exaggerated language of denunciation: “The UN is about to make anti-Semitism international law..The [US] does not acknowledge, it will not abide by, it will never acquiesce in this infamous act..a great evil has been loosed upon the world.”

 

Such harsh language was an effective tactical maneuver by Israel and the United States to mislead as to the purpose of the anti-Zionist resolution by waving the red flag of anti-Semitism. With a few notable exceptions, the governmental supporters of the initiative at the UN were never motivated by hatred of Jews, although the resolution was an unwise way to exhibit anger toward Israel because it was so susceptible to being discredited as unacceptable due to its anti-Semitic overtones. The primary backers of the resolution were seeking to call attention to the fact that Israel as a state was proceeding in a racist manner by its treatment of the indigenous Palestinian population. In fact, the focus on Zionism rather than Israel reflected a continuing commitment by the main representatives of the Palestinian people and their allies to accept, however reluctantly, the reality of Israel as a state, while rejecting certain of its policies and practices that were being attributed to the Zionist ideology that did shape Israel’s governing process.

 

The context of the resolution is also important. It came after a decade of international frustration concerning the refusal of Israel to withdraw from the Palestinian (and Syrian) territory occupied in the 1967 War in the manner prescribed in the unanimously passed iconic UN Security Resolution 242. By 1975 it seemed that Israel had no serious intention of ever withdrawing fully or soon. True, there were interpretative ambiguities surrounding the exact conditions of withdrawal, yet Israel’s expansion of the metropolitan area of Jerusalem together with its annexation combeined with the establishment of settlements in occupied Palestine was generally perceived in UN circles as confirming this suspicion that Israeli ambitions far exceeded the scope of what had been agreed upon in 1967 at the Security Council. Subsequent developments have only hardened the perception the belief that Israel will defy international law and UN authority whenever it suits their purposes.

 

Inappropriately and ineffectively, the anti-Zionist resolution was seeking to mobilize the international community in 1975 around the idea that Palestinian suffering and humiliation resulted from illegitimate Israeli behavior that would not be overcome by statecraft or UN diplomacy, both of which had been tried and failed. Over time this interpretation of the situation has given rise to a growing skepticism about whether any inter-government effort, including even that undertaken by the Palestinians themselves, will secure the Palestinian right of self-determination, as long as the balance of forces is so strongly in Israel’s favor. Against this background it is not surprising that the Palestinian struggle increasingly relies upon civil society militancy currently epitomized by the BDS Campaign to correct this imbalance.

 

Asserting its geopolitical muscle over the years Israel finally managed to induce the General Assembly to reverse itself in 1991 by Res. 46/86. This single sentence text simply revokes the earlier resolution condemning Israel without offering any explanation for the new posture. Israel secured this vote by making conditional its participation at the Madrid Peace Conference that same year, insisting on a formal repudiation of the 1975 resolution.

 

In retrospect, the General Assembly had made a serious mistake by equating Israel with Zionism. It should been earlier realized that Zionism is a political project devised by Jews in Europe at the end of the nineteenth century, and while responsible for the world movement that successfully established Israel against great odds, it does not represent the Jewish people as whole, nor is it an authoritative expression of Judaism whether conceived as a religion or an ethno-historic tradition. From the inception of Zionism, Jews as individuals held wildly divergent, even contradictory, views about the wisdom of Zionism in theory and practice as well as about the validity of its relations with Judaism. Zionism was never institutionalized as the governing ideology of the Israeli state, and many Jewish critics of Israel emphasized the failure of the state to live up to Zionist ideals and Judaic traditions.

 

Among the most fundamental of these disagreements related to whether Jews should aspire to a state of their own in Palestine, or should limit themselves to the Balfour pledge of support for a homeland in historic Palestine. The whole idea of an ethnic state is problematic given the geographic intermingling of ethnicities, and can be reconciled with the ideal of protecting the human rights of every individual only by artifice. In practice, an ethnic state, even if its activities are constitutionally constrained, dominates the governing space and discriminates against those with other ethnic identities. And so has been the case with Israel despite Palestinian voting rights and participation in the Knesset. Again, Zionism championed Israeli statehood as the fulfillment of the vision of a Jewish homeland, but the state that emerged is a political actor whose behavior needs to be appraised by its policies and practices, and not by its founding ideology.

 

Such general speculation raises somewhat different issues than posed by the anti-Zionist resolution. Now the much more difficult issue is raised in the form of allegations that Israel as of 2016 has become a racist or apartheid state, most clearly with respect to its oppressive and discriminatory administration of the West Bank and Gaza. To be clear, it is not Zionism as an ideology that should be evaluated as racist or not, despite its ethnic exclusivity, but Israel as a state subject to international law, including the International Convention on the Elimination of Racial Discrimination(1966) and the International Convention on Suppression and Punishment of the Crime of Apartheid (1973).

 

BDS as Anti-Semitism?

 

At this time, complaints about anti-Semitism have taken an entirely different course, although emanating from a similar source. Instead of deflecting criticism at the UN by angry claims of institutional bias verging on anti-Semitism, Israel is now actually invoking the prestige of the UN to carry on its fight against the BDS Campaign and an alleged delegitimation project aimed at discrediting and isolating, if not destroying, the state of Israel. On May 31,, 2016 Israel convened a day-long conference under the willfully misleading title, “Ambassadors Against BDS—International Summit at the UN.” Invited speakers were limited to pro-Israeli extremists who took turns deploring BDS as a political initiative and denouncing its activist supporters as vicious anti-Semites. The Israeli ambassador, acting as convenor of the conference and known mainly as an inflammatory leader of the settlement movement, Dani Danon, set the tone of the event with these words: “BDS is the modern incarnation of anti-Semitism,” spreading an “..ideology of hate.”

 

The program was unabashedly one-sided. The conference sponsored by a series of leading Jewish organizations. The audience consisted of more than 1500 invited guests who possessed strong anti-BDS credentials and were encouraged to be militant in their opposition to BDS activities. The conference call relied on language that highlights the political significance of this extraordinary initiative: “The BDS movement continues to make strides in their campaign to delegitimize the State of Israel. They are gaining increased support on campuses around the world as they promote initiatives on local and national levels calling to divest and boycott the Jewish state.” Such a statement accurately recognizes that BDS has become the main vehicle of a rapidly strengthening global solidarity movement that aligns itself with the Palestinian national movement, is effectively mobilizing beneath the BDS banner, and has been shaped since its inception in 2005 when endorsed by 170 Palestinian NGOs and a wide spectrum of civil society activists.

 

It should be clarified that the so-called anti-BDS ‘summit,’ appearances not withstanding, was not a UN conference, nor did it have the blessings or participation of top UN officials. It was an event organized by the Israeli delegation at the UN that was allowed to make use of UN facilities. Calling itself ‘Ambassadors Against BDS” is deceptive, suggesting some kind of collective diplomatic undertaking by the international community or at least its Western segment.

 

Contrariwise, and more to the point, several European governments normally supportive of Israel, including Sweden, Ireland, and even the Netherlands have recently officially indicated that support for BDS is a legitimate political activity, entitled to the protection of law in a democratic state, and its supporters should be treated as exercising their right to freedom of expression in a lawful manner.

 

The BDS goals are set forth clearly in its founding document and do not include the delegitimation of Israel as a state: (1) withdrawal of Israel forces from Arab territories occupied in 19 67, including the Syrian Golan Heights as well as West Bank, Jerusalem, and Gaza; (2) respect for the right of return of Palestinian refugees in accordance with General Assembly Resolution 194; (3) protection of the human rights of Palestinians living in pre-1967 Israel on the basis of full equality. Without question the BDS movement endorses an ambitious program, but it does not question Israeli sovereignty over pre-1967 Israel, despite its territorial control of 78% of the Palestine mandate, which is far more than what the UN considered fair in 1947 that was about 45%, and was rejected by the Palestinians as being grossly unfair given the demographics at the time.

 

 

In a growing reaction to the growing influuence of BDS, Israel and pro-Israeli civil society actors have been pushing back in a variety of settings with tactics that violate the written and unwritten rules of democratic society. Among those most salient of these tactics have been the successful efforts of the organized Jewish community in Britain to have an academic conference at Southampton University canceled for two consecutive years, the frantic defamatory assault on Penny Green, the distinguished British criminalist who had been proposed as the first choice to be the next UN Special Rapporteur for Human Rights in Occupied Palestine, a travel ban imposed by Israel on Omar Barghouti, the widely admired worldwide leader of BDS, and sundry outrageous efforts throughout the United States to have as many state legislatures as possible pass laws that criminalize BDS by associating its advocacy and activity with anti-Semitism.

 

Above all, this ugly effort to stigmatize BDS represents a double shift in the essential battlefield of the Israel/Palestine struggle. The first shift is from armed struggle to a series of symbolic encounters concerning the legitimacy of Israel’s policies and practices. The second interrelated shift is away from inter-governmental diplomacy and toward civil society militancy. It is possible that the second shift is temporary or provisional, having as its objective the revival of normal diplomacy at a future time under conditions where both sides are treated equally, and the process facilitated by a genuinely neutral intermediary. In effect, an authentic peace process in the future must correct the flaws that doomed the diplomacy undertaken within the Oslo Framework of Principles to failure, and what is worse operated to enable a steady dynamic of Israeli expansionism at Palestinian expense. One way of thinking of BDS is as a corrective to this failed diplomacy of the past.

In the meantime, both Israel and its civil society adversaries will reflect their contradictory agendas with respect to a variety of struggles centering on what is legitimate.

 

In important respects the double shift should be welcomed. The BDS Campaign concentrates on university campuses, churches, and labor unions. To challenge the legality and propriety of its tactics is to attack the most fundamental values of constitutional democracy. BDS-bashing also lends indirect credibility to those who argue that only political violence can achieve justice for the Palestinian people that alone can end their unspeakable ordeal. It is reasonable, of course, to question whether BDS is effective, or to argue over its proper scope and tactics, but attacks on BDS as a valid political instrument should be rejected.

 

Comparing Anit-Zionism in 1975 and Anti-BDS in 2016

 

This deadly dance between Zionism and the UN has now come full circle. In the 1970s Zionism was condemned by the General Assemly at the UN, and the condemnation was sharply criticized by Israel as being so anti-Semitic as to contaminate the Organization as a whole. In 2016 Israel in a dramatic turnabout relies on the stature and access associated with its UN membership to empower Zionist forces throughout the world to engage in BDS-bashing. In the end, we should appreciate that neither Zionism nor BDS are racist as such, and any serious inquiry should be directed at the behavior of Israel as a member of the UN obliged to respect international law with respect to race and on the actual claims and initiatives of BDS as a transnational civil society initiative seeking the implementation of international law and fundamental human rights.

 

It was a mistake to play the anti-Zionist card in 1975 as the real grievances of Palestinians and the UN were obscured behind the smokescreen of a false debate about whether or not deep criticisms of Israel were anti-Semitic. It is an even bigger mistake to play the anti-Semitic card in the current global setting as a way of evading the demands set forth by BDS, which seem on their face in accord with international law and morality, and have as a principal virtue the clear commitment to pursue political ends by peaceful means.

 

The scale of this mistake is enlarged by blurring the boundaries between a proper concern with anti-Semitism as a virulent form of ethnic hatred that has given rise in the past to bloody persecutions and fascist extremism, and most abhorrently to the Holocaust. Opposing BDS on its pragmatic or normative merits is an entirely reasonable posture for those who disagree with its premises, methods, and goals. What is not acceptable is to engage in these provocative efforts to discredit and punish the proponents of BDS, and to threaten adherents with punitive pushback as happens when tenure is abrogated or steps are taken to brand activists by name as targets for vilification and intimidation.

 

 

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The Dead End of Post-Oslo Diplomacy: What Next?

15 Dec

(Prefatory Note: A much modified version of this post was published in AlJazeera America, Dec. 13, 2014)

The Latest Diplomatic Gambit

 

There are reports that the Palestinian Authority will seek a vote in the Security Council on a resolution mandating Israel’s military withdrawal from Occupied Palestine no later than November 2016. Such a resolution has been condemned by the Israeli Prime Minister as bringing ‘terrorism’ to the outskirts of Tel Aviv, and this will never be allowed to happen. The United States is, as usual, maneuvering in such a way as to avoid seeming an outlier by vetoing such a resolution, even if it has less stringent language, and asks the PA to postpone the vote until after the Israeli elections scheduled for March 17, 2015. Supposedly, the delay is justified so that Netanyahu, seen as an obstacle by the American White House, would not be strengthened by any display of adverse pressure on Israel coming from outside, especially from the UN.

 

Embedded in this initiative are various diversionary moves to put the dying Oslo Approach (direct negotiations between Israel and the PA, with the U.S. as the intermediary). The French are promoting a resolution that includes a revival of these currently defunct negotiations, with a mandated goal of achieving a permanent peace within a period of two years based on the establishment of a Palestinian state, immediate full membership of Palestine in the UN, and language objecting to settlement activity as an obstruction to peace. Overall, European governments are exerting pressure to resume direct negotiations, exhibiting their concern about a deteriorating situation on the ground along with a growing hostility to Israeli behavior that has reached new heights since the merciless 51-day onslaught mounted by Israel against Gaza last summer. This seems to me to be ‘a politics of gesture’ as there is no indication of why resumed negotiations would enjoy any better prospect of success than the several past failed efforts, and would only give Israel additional time to move toward its increasingly obvious end game of imposed unilateralism.

 

A Post-Oslo Meditation

 

 

The horrendous events of the last several months in Jerusalem and Gaza have exhibited both the depths of enmity and tension between Jews and Palestinians and the utter irrelevance of American-led diplomacy as the path to a sustainable peace. This is not a time for people of good will, the UN, and governments to turn their backs on what seems on its surface either irreconcilable or on the verge of an Israeli victory. The challenge for all is to consider anew how these two peoples can manage to live together within the space of historic Palestine. We need fresh thinking that gets away from the sterile binary of one state/two states, and dares to ponder the future with fresh eyes that accept the guidance of a rights based approach shaped by international law. Israel will resist such an approach as long as it can, understanding that it has gained the upper hand by relying on its military prowess and realizing that if international law was allowed to play a role in demarcating the contours of a fair solution it would lose out on such crucial issues as borders, refugees, Jerusalem, settlements, and water.

 

A necessary step toward a sustainable peace is to overcome Washington’s blinkered conception of the conflict. There is no better sign that the Israel-Palestine peace process over which the United States has long presided is unraveling than the absurd brouhaha that followed the magazine article written by Jeffrey Goldberg in The Atlantic [“The Crisis in U.S.-Israel Relations is Officially Here,” Oct. 28, 2014] that referenced an unnamed senior White House official who called the Israeli Prime Minister, Benjamin Netanyahu, ‘chickenshit’ because of his obstinate refusal to take risks for ‘peace.’ Supposedly, this refusal put Washington’s dogged adherence to the Oslo Approach of direct negotiations under American diplomatic supervision beneath a darkening sky, but since there is no alternative way to maintain the U.S. central role in the interaction between the governing elites of the two parties, there is an eyes closed resolve to keep the worse than futile process on ‘life support.’ It is worse than futile because Israeli land grabbing on the West Bank in relation to the settlements, the settler only roads, and the separation wall continuously deteriorate Palestinian territorial prospects.

 

The collapse of the Kerry talks between Israel and the Palestinian Authority in April were unquestionably a negative watershed for the Obama presidency so far as its insistence that the Oslo Approach was the only viable roadmap that could resolve the conflict. Ever since the Oslo Declaration of Principles was sanctified by the infamous Rabin-Arafat handshake on the White House lawn in 1993, the U.S. Government has contended that only this diplomatic framework can end the conflict, and to this day it objects to any moves by governments to take steps on their own. [During the presidency of George W. Bush there was an interval during which ‘the roadmap’ was adopted as an elaboration of the Oslo approach in which a commitment to the idea of an independent Palestinian state was explicitly confirmed by Bush in a speech on June 24, 2002, and then formalized in a proposal made public on April 30, 2003; in this same period ‘the quartet’ was created at a Madrid Conference in 2002 that seemed to broaden diplomatic participation by adding the Russia, the EU, and the UN to the U.S., but in fact the quartet has been completely marginalized for the past decade] The Oslo Approach consists of direct negotiations between the parties and designated the United States, despite its undisguised partisan role, as the exclusive and permanent intermediary and go between. Without the slightest deference to Palestinian sensitivities, U.S. presidents have appointed as special envoys to these negotiations only officials with AIPAC credentials such as Dennis Ross and Martin Indyk, and have proceeded as if their blatant partisanship was not a problem. Evidently Israel would have it no other way, and the Palestinian Authority has meekly gone along either out of weakness or naiveté.

 

Not only was the Oslo framework itself flawed because it leaned so far to one side, but it was an unseemly tacit assumption of the process that the Palestinians would be willing to carry on negotiations without reserving a right to complain about the relevance of ongoing Israeli violations of international law, most conspicuously the continued unlawful settlement activity. When on several occasions the Palestinians complained that this settlement activity was incompatible with good faith negotiations, they were immediately slapped down, informed that such objections interfered with the peace process, and that issues pertaining to the settlements would be deferred until the ‘final status’ stage of the negotiations. The Palestinians were assured that these issues would be addressed at the very end of the peace process after the main elements of a solution had been agreed upon. This was very detrimental to Palestine’s bargaining position as their only advantage in relation to Israel was to have international law in their favor in relation to most of the outstanding issues. Besides to allow Israel to continue with settlement expansion, rather than freezing the status quo, was obviously disadvantageous to Palestine. If legal objections were excluded it is not surprising that diplomatic bargaining would tend to reflect ‘facts on the ground,’ which were completely in Israel’s favor, and would continue to accumulate month by month. Despite this, Israel at no point seemed responsive to proposals for accommodation in accordance with the stated objective of establishing an independent sovereign Palestinian state.

 

After more than 20 years of futility Washington’s continuing public stand that only by way of the Oslo Approach will a solution be found is beginning to fall on deaf ears, and new directions of approach are beginning to be articulated. Israel itself is moving ineluctably toward a unilaterally imposed one-state solution that incorporates the West Bank in whole or in large part. It has recently seized 1000 acres of strategically placed land to facilitate the largest spatial enlargement of a settlement since the early 1990s and it has given approval for 2,600 additional housing units to be built in various West Bank and East Jerusalem settlements that already have more 650,000 settlers. In addition, the current Israeli president, Reuven Rivlin, elected by the Knesset a few months ago is an avowed advocate of the maximalist version of the Zionist project involving the extension of Israel’s borders to encompass the whole of Palestine as delimited in the British mandate. Rivlin couples this rejection of any Palestinian right of self-determination with proposals for equality of treatment for both peoples within this enlarged Israel, offering the Palestinians human rights, the rule of law, and unrestricted economic and political opportunity within Israel in exchange for renouncing their political ambitions for either a state of their own or a power-sharing arrangement on the basis of equality with Israel. There is no prospect that the Palestinian people, or even their compromised leaders, would accept such a Faustian Bargain.

 

The Palestinians have their own version of a unilateral solution, although it is far more modest, and seems more fantasy than political project. It is essentially establishing a state of their own within 1967 borders, taking an ambiguous posture toward the settlement blocs and even East Jerusalem, and relying on political pressures to coerce an Israeli withdrawal. Such a state claims 22% or less of historic Palestine, and includes the somewhat confusing contention that Palestine is already a state in the eyes of the international community, having been recognized as such by 134 states and in a resolution of the General Assembly on 29 November 2012. It is currently reinforcing this position with this draft resolution that Jordan will submit on its behalf at some point to the Security Council proposing a resumed period of direct negotiations for a further nine months (accompanied by a freeze on settlement construction), followed by Israel’s mandatory withdrawal from the West Bank. On balance, this Palestinian approach seems ill-considered for a number of reasons. It appears to reduce the parameters of the conflict to the occupation of the West Bank, and leaves to one side the fate of Gaza and East Jerusalem, as well as what is to happen to the several million Palestinians living in refugee camps in neighboring countries or in exile. It also overlooks the structure of discrimination embedded in Israeli nationality laws that reduces the 20% Palestinian minority in Israel to a second class status in the self-proclaimed Jewish state.

 

Among the problems with these reactions to the breakdown of Oslo are the contradictory expectations. What the Netanyahu unilateralism is seeking is utterly inconsistent with any kind of viable Palestinian state constructed within the 1967 borders, and those opposition forces to his right are seeking an even more defiant unilateralism. Equally, what the Palestinian Authority is proposing would seem to require the elimination of most Israeli settlements, the dismantling of the security wall, and the abandonment of the Israeli-only network of roads, while ignoring those Palestinian grievances not directly associated with territorial issues. Each of these versions of a post-Oslo solution is doomed to failure as it proceeds as if the behavior of others need not be taken into account. The Israeli failure to do this is far more unacceptable as its claims are far more excessive than those of the Palestinians, which is really just a matter of wishing away the pattern of Israel’s unlawful encroachment on what is a minimalist Palestinian vision of a solution that it and the UN had long ago accepted in Security Council Resolution 242.

 

There is an evident unfortunate reluctance on the part of all sides to let go of the two-state conception of a solution. It is what Washington and even Tel Aviv and Ramallah continue to say they seek, although Netanyahu has been telling Israeli audiences that after its experience with Hamas rockets last July and August, it will never agree to allow the emergence of a neighboring Palestinian state in the West Bank that would bring Palestinian threats much closer to the Israeli heartland. Ever since the 1988 decision of the Palestinian National Council, the PLO has agreed to a solution framed in relation to a state within of its own within the 1967 borders, and even Hamas has signed on since 2006 to the extent of accepting a 50 year plan for peaceful coexistence with Israel providing it ends the occupation of Palestinian territories, and lifts the Gaza blockade. These are big concessions from the Palestinian side considering that the UN Partition Plan of 1947 awarded 45% of historic Palestine to the Palestinians and proposed the internationalization of the entire city of Jerusalem. The 2002 Arab Peace Initiative is built along the same lines as the PLO proposal, and includes a commitment to establish full diplomatic and economic relations with Israel on the part of the entire Islamic world. This proposal of the Arab League by a 56-0 vote of the Islamic Conference, with only Iran abstaining, and a year ago as a result of American pressure was modified to make it even more appealing to Israel by its acknowledgement of Israeli security concerns.

 

Most recently, a letter to Netanyahu by 106 high ranking retired Israeli military and security officials strongly urged this same two-state solution, implicitly condemning Israeli unilateralism and Zionist maximalism as leading to a future for Israel of periodic warfare of the sort that occurred this past summer in Gaza. These members of the Israeli security establishment argue that these expansionist policies are weakening security for the entire Israeli population. The letter emphasized Israel’s moral decline associated with keeping millions of Palestinians under prolonged occupation, which they argue is unnecessary from the perspective of security. Again there is a lack of clarity about whether such encouragement assumes that the settlements can be retained, the rights of Palestinian refugees can be ignored, and Jerusalem can be kept under unified Israel control. But what the initiative does express is this emergent consensus that Oslo style negotiations have consistently failed and something else must be tried. The letter appears to propose a unilateral partial withdrawal described as “an alternative option for resolving the conflict not based solely on bilateral negotiations with the Palestinians, which have failed time and again.”

 

Europe has also, at last, exhibited a limited unwillingness to accept any longer the Oslo Approach that keeps the United States alone in the driver’s seat. I interpret the recent Swedish recognition of Palestinian statehood, the House of Commons vote urging that the British government take a similar move, as well as similar moves by several other European countries as expressing both a loss of confidence in the Oslo Approach and a criticism of the manner in which Israel and the United States have dealt with the conflict. This is a desirable development in these respects, but it is coupled with some regressive features. Such initiatives are coupled with renewed faith in the two-state approach as the only solution, and call with a sense of urgency for a renewal of negotiations without giving the slightest indication as to why a further round of talks would yield any different results than past attempts. Such a prognosis seems more true at present than in the past given Israel’s moves toward a unilateral solution, which Netanyahu somewhat disguises so as not to affront the United States and Europe. It should be obvious to all who wish to look that Israel has created irreversible conditions that have all but ruled out the establishment of a viable Palestinian sovereign state.

 

The Way Forward

 

The expected controversy surrounding the PA initiative in the Security Council is a sideshow without any serious consequences however it is resolved. There needs to be a clear recognition by the PA that direct negotiations are pointless under present conditions, and a general understanding that unless Israel changes behavior and outlook there is no hope to resolve the conflict by a reliance on diplomacy. This will make recourse to nonviolent militancy via BDS, and such other tactics as blocking the unloading of Israeli cargo vessels, the best option for those seeking a just peace. [“Protesters Block Israel-Owned Ship from Unloading Cargo at Port of Oakland,” CBS St Bay Area, Aug. 18, 2014]

 

I believe the Oslo Approach is discredited, and of no present interest to the political leadership in Israel, which plays along with Washington by not openly repudiating direct negotiations. The European governments that have shown some initiative by advocating recognition of Palestine should be encouraged to take the further step of rejecting calls for resumed negotiations unless Israel demonstrates its sincerity by freezing settlement activity and affirming its readiness to withdraw to 1967 borders.

 

The best, and in my view, only realistic hope is to forget traditional interstate diplomacy for the present, and understand that the Palestinian future depends on a robust mobilization of global civil society in solidarity with the Palestinian national movement. The current BDS campaign is gaining momentum by the day, and is coupled with a sense that its political program is more in keeping with the wishes of the Palestinian people than are the proposals put forth by the formal representations of either the Palestinian Authority or Hamas. When neither governmental diplomacy nor the UN can produce a satisfactory solution to a conflict that has caused decades of suffering and dispossession, it is past time to endorse a people-oriented approach. This is the kind of populist politics that helped end apartheid in South Africa and win many anti-colonial struggles. We have reached a stage in global history in which it is people, not weapons nor international institutions, that have the resilience and patience to win the legitimacy struggle involving law and morality, and on such a basis eventually prevail in the political struggle despite being inferior militarily.

 

The challenge of living together on the basis of equality seems to be the only template that offers the parties a vision of sustainable peace. Concretely, this would seem to require Israel to all ethnocratic claims that Israel is a Jewish state as distinct from being a Jewish homeland. Israel’s leaders would also have to renounce the present unrestricted right of return for Jews throughout the world or create some equivalent right of return for the Palestinians, and possibly for the Druse minority. How such a conception of a sustainable peace is given concrete form is necessarily a subject for diplomacy by suitable representative of both sides and carried on under neutral auspices and by authentic representatives of the two peoples. We cannot foretell how much further suffering and bloodshed will occur before this kind of vision, seemingly a remote prospect at present, can be converted into a practical project, but do know that nothing that falls short of this deserves to be considered ‘a solution’ given the realities of the situation.

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4+ Logics of Living Together on Planet Earth

29 Sep

 

It is misleading to describe ‘world order’ as consisting exclusively ofsovereign territorial states. This misimpression is further encouraged by the structure of the United Nations, whose members are states, and only states. The UN was established in 1945 in the aftermath of World War II, reflecting a West-centric orientation that emerged at the time, quickly morphing into the Cold War rivalry between the two states that were geopolitically dominant and ideologically antagonistic: the United States and Soviet Union.

 

Even in the UN, however, this surface allegiance to statism is misleading. The geopolitical dimension was highlighted in the UN Charter by conferring a veto power on five winners in the recently concluded war, which amounted to the grant of a right of exception with respect to international law.

 

But there are differences in hard and soft power that make the interactions among states within the UN exhibit more inequality than is suggested by this still prevailing Westphalian myth of the equality among sovereign states. Some states contribute far more to the UN budget than others, and their views carry more weight; others are richer, bigger, more informed about some issues, are better at lobbying for support, and some play above their diplomatic weight by clever political maneuvers. And there are several kinds of non-states active behind the scenes that exert varying degrees of influence depending on the subject-matter.

 

Global policy is mainly shaped outside the UN by a bewildering array of formal and informal actors that participate in a bewildering variety of ways in international life. The world economy is substantially controlled by business oriented alignments such as the World Economic Forum that meets annually in Davos, Switzerland, or the gatherings of economically powerful states grouped together as the G-7, later becoming the G-8, and more recently the G-20 to accommodate shifts in trade and investment patterns, and give recognition to such new alignments as the BRICs.

 

As such, the shorthand designation of world order by reference to the 1648 Treaties of Westphalia that brought the Thirty Years War to an end serves as a convenient starting point for understanding the way authority and power are deployed in the world. Yet it must be supplemented by the recognition that the Westphalian framework has evolved through the years. Beyond this, it is not sufficient to rely on a statist logic to explain the main patterns of behavior that constitute world politics in the 21st century, which reflect the agendas of political extremist groups and transnational corporations and banks, as much as they do states. In fact, national governments are often subordinated to and instrumentalized by individuals and groups promoting the interests of business and finance.

 

Statist Logic. Despite these qualifications, states do remain the main political actor on the global stage, and the principal agent of diplomacy. The doctrinal ideas of territorial sovereignty continue to provide the basic organizing principle for the conduct of ordinary transnational relations. It is further important to realize that most political leaders and their chief advisors are ‘realists’ who purport to act on the basis of maximizing national interests and accompanying values even when they are in actuality serving the interests of transnational capital to the detriment of their own citizenry.

 

The boundaries of the state shape the outer limits of political community for most persons living on the planet , but some states contain within their borders one or more specific ethnicity that deems itself a distinct people and nation, which if it perceives itself as the target of discrimination or even a victim of submerged identity, may regard itself as ‘a captive nation’ that seeks a separate political existence that ensures the preservation of cultural memory and national pride. In this sense, the ‘nation’ represented by such a phrase as ‘the national interest’ may be profoundly misleading if understood to refer to the interests of an entire population within its borders rather than that of the dominant ethnicity or religion. Throughout the world there are many internationally unrepresented peoples seeking to form their own state in accordance with the right of self-determination, which if carried to extremes, threatens the unity of almost all sovereign states.

 

Sometimes, this process is a forcible one as with the establishment of Kosovo with the help of NATO in 1999, sometimes it is a consensual separation, as with the establishment of Slovakia. Democratic states may offer restive minorities the opportunity to secede by referendum as in the recent case of Scotland, but some forms of secession are resisted as was the case with American Civil War or more recently, the PKK efforts to establish in eastern Turkey a separate state of Kurdistan, as well as Spain’s treatment of the main separatist movement of the Basque people as essentially a terrorist organization.

 

Many individuals depend on citizenship to avoid the acute vulnerability of ‘statelessness,’ which is a status without rights or protection, and suggests the primacy of states in the life of most people, whether consciously realized or not. The plight of economic migrants and refugees fleeing combat zones suggests the humanitarian ordeal experienced by many people who are not securely connected to a state capable of providing the fundamental ingredients of a sustainable lives. Refugees may be citizens with rights in the country they escaped from, but generally find themselves victimized anew by the country within which they sought sanctuary. Some governments adopt humane and generous approaches to refugees and stateless persons, but it is voluntary and the affected individuals are not the recipient of effective rights even if ‘human rights’ are based on being human, and not on citizenship or nationality.

 

Geopolitical Logic. As statist logic is premised on equality before the law and in formal diplomatic relations, geopolitical logic is premised on inequality and the right of exception with respect to that portion of international law concerning issues of war and peace, and what is called ‘national security,’ or more broadly, ‘vital interests.’ While statism is descriptive of the horizontal dimension of world order within the Westphalian framework, geopolitics constitutes the vertical dimension that has been present ever since the modern structure of world order emerged in Europe in the mid-seventeenth century. Various empires exhibited the formalization of this vertical dimension as did European colonialism, which at its height after World War I, dominated much of the world. The anti-colonial movements of the last half of the twentieth century produced many newly independent sovereign states, universalizing the horizontal development of world politics.

 

In the post-colonial global setting of the early twenty-first century the vertical dimension of world order is disguised to some degree because it was weakened and discredited in the past hundred years. These disguises make reference to certain normative justifications for the imposition of political will by the strong on the weak. Among the most prominent of these legal and moral arguments favoring otherwise prohibited uses of force are ‘self-defense,’ ‘humanitarian intervention,’ ‘responsibility to protect’ or ‘R2P,’ and ‘nonproliferation.’ In each situation, depending on the facts the rationalization may be more or less plausible as a cover for a strategically motivated geopolitical maneuver. It seemed somewhat plausible to liberate Kosovo from Serbia in 1999, given the threat of ethnic cleansing in the aftermath of the Srebrenica atrocity, but it was also clearly motivated by the interest in maintaining NATO as a useful instrument of coercion in a post-Cold War setting, a demonstration conveniently coinciding with the 50th anniversary of the alliance. Similarly, it seemed reasonable in 2011 to intervene in Libya to prevent a civilian massacre by Qaddafi forces in the city of Benghazi, although it was undoubtedly also true that the high quality oil reserves added a strategic incentive to the humanitarian impulse to protect threatened Libyan civilians. In contrast, without oil, the atrocities taking place in Syria produced a much weaker expression of international concern. Each of these situations is complex, opening the way for contradictory interpretations as to the humanitarian effects of action and non-action, as well as the assessment of the importance of the strategic interests at stake.

 

The geopolitical logic trumps statist logic in relation to international uses of force, and helps explain the marginalization of international law and the UN in the war/peace context. The constraints that are operative with respect to geopolitics derive from considerations of cost/benefit analysis, pressures exerted by group politics, prudential concerns about nuclear weaponry and avoiding casualties to its military personnel, and the sporadic anti-war restraints of public opinion (especially in liberal democracies). In the recent American-led coalition created as a response to threats posed by ISIS (‘Islamic State of Iraq & Syria,’ also known by other names), President Obama did not even bother to justify recourse to force by reference to either international law or the UN, and seemed concerned only that he had a legal basis within the American constitutional framework to act as he did. Significantly, as well, most of the domestic controversy focused on this issue of authorizing warlike behavior without any participation by Congress, showing no worries about acting contrary to international law and without a UN mandate for recourse to non-defensive force.

 

Cosmopolitan Logic. Partly as a result of economic globalization and partly due to the impact of global challenges associated with nuclear weapons and climate change, there is an emerging appreciation that neither statism nor geopolitics can protect overall hman wellbeing and survival aspects of what might best be called the human or global interest. Despite decades of aspirational language, there seems to be no prospect in the immediate future of freeing humanity from the looming threat of nuclear catastrophe. The challenge of the weaponry has been geopolitically degraded in the form of creating a nonproliferation regime that distorts priorities by conceiving of the main danger deriving from countries that do not have nuclear weapons rather than those that do. The 2003 aggressive war undertaken by the United States and the United Kingdom against Iraq was mainly rationalized as a counter-proliferation undertaking, epitomizing the subordination of cosmopolitan interests in getting rid of nuclear weapons to the geopolitics of managing their control and dissemination.

 

A similar dynamic is present in relation to climate change, and the failed effort to contain the emission of greenhouse gasses, especially carbon dioxide.The UN mechanisms for lawmaking treaties have been unable to agree upon an obligatory framework that takes account of the scientific consensus on the need for strict regulation of the buildup of carbon in the atmosphere, and the resultant harmful effects of global warming. As a result the situation worsens, and irresponsibly the growing burdens of adaptation are shifted to the future.

 

Without the formation of a political community of global scope it is unlikely that cosmopolitan logic will have any significant impact on behavior that reflects strong national interests and geopolitical priorities. The preconditions for such a development do not seem present as nationalist ideologies continues to maintain the dominance of statism and geopolitics despite their dysfunctional implications for the future of the human species. This persistence raises some deep questions about whether there exists a sufficient species will to survive. Until the advent of the Anthropocene Age such an imperative did not exist, and survival threats as they occurred were directed at particular societies or civilizations, that is, posing sub-species threats, but not endangering the species itself. What distinguishes the Anthropocene is the impact of human activities on the fundamental balances that have allowed life and social development to proceed.

 

There have been past cases where cosmopolitan concerns have been addressed because competing logics were not seriously engaged: public order of the oceans, prohibition of ozone depleting technologies, ecological preservation of Antarctica. Until the atomic attacks on Japanese cities in the closing days of World War II the cosmopolitan horizons of human activity were treated as matters of idealistic and spiritual concerns, but not relevant to issues of bio-political persistence. Even Woodrow Wilson’s dream that the League of Nations would cause the institution of war to fade away was never taken seriously by the political leaders of the day, especially in Europe, who well understood that their privileged position of vertical control (that is, colonial system) rested on an atmosphere of permanent war to ensure that ‘the natives’ would not get uppity.

 

Civil Society Logic. The perspectives and activities of civil society occupy a broad and diverse spectrum of concerns, and contain elements of the other three logics that together compose world order. The normative motivations of transnational civil society actors do establish an existential constituency disposed toward the realization of human and global interests. These actors have been active in relation to the promotion of human rights, environmental protection, nuclear disarmament, and climate change. That is, civil society perspectives often merge in these venues with cosmopolitan perspectives, and present unified critical responses to statism and geopolitics. The counter-conferences at global policy events illustrate such encounters, and are likely to intensify as the awareness of global crises grow and the experience of the seriousness of unmet global challenges deepens. A distinctive feature of civil society logic is engagement with values and change, and a certain distrust of detached thought that presents itself as ‘neutral.’ The spirit of civil society was expressed unforgettably for me by a graffiti written on a wall in the city of Vancouver: “Thought Without Action Equals Zero.”

 

In a larger historical sense, the question before all of us is whether civil society can become an agent of historical transformation in relation to cosmopolitan logic, thereby joining thought with action. Only such a reconstituted political imagination has any chance of producing policy and behavioral adjustments that make the human future a brighter prospect than now appears to be the case.

 

Hope to balance despair depends on our according unrealistic confidence in the capacity of civil society movements to achieve transformative results, what I have called in the past ‘the realism of a politics of impossibility’ or ‘a necessary utopianism.’ Nothing less seems responsive to the magnitude of the civilizational challenges already negatively impacting on human wellbeing. I have little doubt that those ‘realists’ we rely upon as dutiful, taxpaying citizens are leading us down a path heading toward doomsday. It is time we shifted our allegiances and energies to the citizen pilgrims among us who are pointing us toward a humane and sustainable future for life on planet earth.

 

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