Tag Archives: Gaza

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.

Netanyahu Failed in Gaza, Tries to Widen War

20 Apr

I

[Prefatory Note: Interview by Mohammad Ali Haqshenas, initially published on April 20, 2024, by International Quran News Agency. In light of the relative mildness of the Israeli response, I would revise somewhat my responses below. It now seems either that the US reaction to the Damascus attack or the concerns of the Netanyahu war cabinet rejected, at least for now, the temptations of a wider war. Iran as well seemed to accept an outcome of its retaliation directed at Israel, resulting in neither death nor damage was nevertheless sufficient for its purposes. The overall situation remains unstable, and hence uncertain, but Netanyahu’s escaping accountability for failures in Gaza seems for the present to rule out the option of a wider war against Iran, with US active involvement.]

QNA – Israeli prime minister Benjamin Netanyahu has failed to achieve goals in the “inhumane” war on Gaza and seeks to widen the conflict, a former UN special rapporteur says.

Netanyahu Failed in Gaza, Tries to Widen War: Ex-UN Rapporteur

“Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests,” Richard Anderson Falk, a professor emeritus of international law at Princeton University, told IQNA.

The comments come amid boiling tensions in the region after the Israeli regime targeted the consular section of the Iranian embassy in Damascus, Syria, on April 1.

The attack claimed lives of high-profile Iranian military personnel that were in Damascus on advisory mission.

Faced with the international organizations’ inaction, Tehran decided to respond to the attack. Iranian armed forces launched Operation True Promise with dozens of drones and missiles against military targets in Israeli-occupied territories on April 14.

What follows is the full text of the interview with Professor Falk about the issue: 

IQNA: What do international laws and conventions say when it comes to targeting a country’s diplomatic mission?

Falk: The immunity of consular facilities from international attack is one of the most widely respected and uncontroversial commitments of international law as formalized by the Vienna Convention on Consular Immunity. Even without this Convention Israel would be bound by a similar body of constraints that are considered part of “customary international law” or enjoying the status of “jus cogens” norms, binding on all sovereign states whether or not a treaty exists, and in the event that a treaty exists, being a non-party does not relieve a government of a sovereign state to comply with the legal framework.

In this instance such arguments are unnecessary as both Israel and Iran are parties to the Vienna Convention as are another 191 states. 

IQNA: Following the Israeli strike against the Iranian consulate in Damascus, Tehran urged the United NationsSecurity Council to condemn the strike but the Council failed to do that due to the US support for Israel. What does this inaction mean when we take into account the responsibilities of the UN to maintain international peace?

Falk: Such action in the UNSC by the USA to insulate Israel from its obligation to comply with international law with regard to consular and embassy immunity is a reminder that when it comes to enforcing international law, the UN was designed to be weak, giving a right of veto to the five countries victorious in World War II, which arguably is the UN’s greatest deficiency when it comes to achieving the paramount war prevention goals of the UN.

In effect, the 1945 architects of the UN subordinated upholding international law to according primacy to these five geopolitical actors in relation to enforcement or even interpretation of relevant legal obligations. Although only five countries are accorded a right of veto in the UN Charter, it has been used, especially by the US to thwart the will of the majority of states and of members of the UN by being extended to shield “friends” and allies from accountability.

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Some years ago the Turkish leader, Recep Tayyip Erdogan, complained about this situation by the pithy phrase “the world is greater than five.” The world may be greater, but the UN is not. There are many situations of this kind concerned with securing compliance with international law by UN members who cannot veto a proposed UN decision but enjoy a sufficient special relationship with one of the five that suffices to block any UN enforcement initiative taken against it.

IQNA: What are the long-term implications for international law if such attacks go unchecked?

Falk: The implications for international law are what they have always been in modern times. When the obligations of law clash with the strategic interests of powerful states, geopolitical policies prevail, and the core obligation of the rule of law (treating equals, equally) is ignored. This generalization applies to the pre-UN history of international relations.

A good example is the war crimes trials conducted at Nuremberg and Tokyo in 1945 where the crimes of the victors were exempted from legal scrutiny while the crimes of the losers were the subject of indictment, prosecution, and punishment. More concretely, the atomic bombings of Japanese cities and the strategic bombing of German cities were accorded impunity. A double standard highlighted by being described as “victors’ justice.”

It is a mistake to conclude that international law is useless because of this subordination to geopolitics. For one thing, an effective international legal order is essential to sustain the stability of relations in most areas of interaction among sovereign states. Trade, investment, finance, communications, travel and tourism, diplomacy are among the areas of international life that depend on mutuality of interests and the practice of equality when it comes to enforcement and implementation.

Many would insist that the US has weakened the UN by its “irresponsible statecraft.”

Beyond this, “responsible statecraft” by dominant states (‘dominance’ does not refer to the same political actors that possess veto rights at the UN) can unilaterally exercise restraint in the use of the veto or in pursuing conflictual behavior. Many would insist that the US has weakened the UN by its “irresponsible statecraft.” The extent to which the US has managed relations between the UN and Israel in an excessive manner is illustrative.  It is as much a reflection of domestic political considerations as it is of the international conflictual context.

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Even when international law is flagrantly violated as it was in the Damascus attack, and Israel is protected against a punitive response at the UN, the impact on world opinion, global solidarity initiatives, and the clarification of legitimacy ensure that international law plays a role in the behavior of states. Populist action often influences the actions of leading geopolitical actors.

In the post-1945 anti-colonial wars the weaker side militarily generally prevailed politically, in part because international law and the flow of history was on their side. Transnational activism in the form of boycotts and sanctions often is vindicated by assessments that the targeted country is violating international law in serious ways.

International law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions.

In short, international law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions. This dynamic contributed to the collapse of the apartheid regime in South Africa 30 years ago and it is mounting ever stronger pressure on Israel in light of its Gaza genocide, further justified by its defiance of international law.   

IQNA: Iran said it used its legitimate right to self-defense by launching strikes against Israel. What do international laws say about this?

Falk: There are several issues present. Does a single attack of this nature, however unlawful, engage the right of self-defense as specified in Article 51 of the UN Charter. This Charter definition is linked to “a prior armed attack” as distinct from an act of aggression, but given the paralysis in the UN, it might be deemed reasonable in view of the frequency of past lethal violations of Iran’s sovereign rights and the failure to take any punitive action against Israel’s defiant attitude in shaping national policy in the security domain.

A further international law issue concerns matters of proportionality and discrimination. Estimates vary as to the scale of the Iranian attack involving 170 or more drones, 120 ballistic missiles, and 30 cruise missiles, and yet little damage resulted, and no one killed. As Iran gave some notice of its planned retaliation to the US and other governments, it may have intended, as some commentators have suggested, that its retaliation for Israel’s responsibility in relation to the Damascus attack, its retaliation to be symbolic and performative, rather than a full-scale attack as suggested by the array of drones and missiles.

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To some extent, because of enforceability issues, what a state does in retaliation for such one-off violation of its sovereignty is assessed and judged in relation to precedents reflecting past practice. If deemed to be consistent with such practice it is legitimized and widely viewed as reasonable, whereas if not, it is regarded as unacceptably provocative. Israel has reacted to the Iranian attack of April 14 as an unacceptable provocation, despite its own prior attack causing high-profile Iranian deaths and the paucity of damage inflicted by Iran’s retaliation. Israel is proposing a retaliation to Iran’s retaliation. If Israel carries out its threat in a way that causes death and destruction in Iran it is almost certain to escalate the conflict in dangerous ways. When acting in these grey sectors of law, such as the law governing international retaliation, the criterion of reasonableness offers some guidance to both actor and responder. Of course, perceptions of reasonableness may vary greatly.

IQNA: Some analysts believe that the Israeli regime targeted the consulate to escalate tensions with Iran and use this as a cover to continue its massacre of Palestinians in Gaza. What is your take on this and how can Tel Aviv be held accountable for its crimes in Gaza?

Falk: As suggested above, Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests. The backgrounding of the Ukraine War in light of the events in Gaza lend plausibility to this kind of ‘politics of deflection.’ Israel is a master of shifting public attention from its crimes to its critics or to lesser objects of concern.

Achieving accountability in a legal sense is almost impossible so long as the Global West, especially the US, supports Israel. Any sort of attempt at imposing accountability through the UN can be blocked by casting a veto in the Security Council, which the US has not been reluctant to do. Accountability in its political sense could be achieved if Israel is treated by many governments in the Global South as a “pariah state” as was the experience of apartheid South Africa; also important are solidarity initiatives rooted in civil society activism. Accountability in a moral sense is exhibited by public expressions of outrage on the part of peoples the world over as well as by the frustrations caused by unenforceability of ICJ decisions.   

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IQNA: What do you think about the efforts of the ICJ to hold Israel accountable for its genocide in Gaza, especially given that the regime is planning an attack on Rafah where more than 1.5 million displaced have taken refuge?

Falk: This question raises complicated issues. The initiative in the ICJ has been greatly important for passing judgment on Israel’s moral and political wrongdoing with respect to the Gaza genocide yet limited in effectiveness. The ICJ has been unable to implement the persuasive legal pronouncements of its Interim Orders of January and March instructing Israel to take actions to mitigate further suffering of the Palestinian people. Israel has refused compliance, backed by the US, and seems poised to go ahead with its threatened attack on grossly overcrowded Rafah, with expectations of shockingly high casualties.

The ICJ and the UN generally are neutralized by “a crisis of implementation.” In the face of stubborn geopolitical resistance, it lacks the mandate, will, and capabilities to enforce international law, let alone promote global justice. If the UN became more robustly endowed, an obvious undertaking would be to form an International Protection Force that would give meaning to the Responsibility to Protect norm. As things are, such a justifiable response to genocide is unthinkable, which conveys a lot about why so many people are disappointed by or frustrated with the UN.

Professor Richard Anderson Falk is the author or co-author of 20 books and the editor or co-editor of another 20 volumes. In 2008, the United Nations Human Rights Council (UNHRC) appointed him to a six-year term as a United Nations Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967”.

The views and opinions expressed in this interview are solely those of the interviewee and do not necessarily reflect the view of International Quran News Agency.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

9 Mar

[Prefatory Note The post below is long. The article is devoted to several of my recent central concerns. It was initially published in Global Community:Yearbook of International Law and Jurisprudence, superbly edited by Giuliana Ziccardi (Oxford, 2023). Comments and conversation warmly invited. Adapted from annual Edward W Said Memorial Lecture entitled “The Enduring Legacies of Edward Said,” The American University in Cairo, Nov. 4, 2023]

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

Richard Falk

Abstract

An exploration of forms of interaction bearing on the assessment of advocacy jurisprudence. This entails underlying reflections on relations between

scholarly identity and public engagement as contextualized by Israel’s military response in Gaza. to the October 7 Hamas attack, featuring a comparison between partisanship in legal inquiry and in the interpretation of literature. It also involves a jurisprudential orientation that presupposes the inevitability of partisanship and favors an explicit acknowledgement rather than pretensions of objectivity, which implies my bias against legalism and its replacement by a disciplined insistence that political and moral contexts be brought into the open. The overall rationale for such an approach is to seek a better alignment between law as practice with justice as the embodiment of humane values exhibiting universal criteria. Although these considerations apply to any legal system, the preoccupation of the article is with conceptions and applications of international law.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence*

Richard Falk**

Prelude

My career as a teacher and writer on international law has been devoted to realigning law with justice, which involved identifying and deconstructing Orientalist biases that reflected early European tendencies to use law to advance geopolitical interests while simultaneously promoting a llegitimating ideology of civilizational and racial superiority with countries associated with the Global West.[1] Of notable prominence in this regard, was the use of international law to accord legal respectability to European colonialism, including settler colonial offshoots in North America, Australia, and New Zealand. Jurists played their part by validating colonial relationships and obscuring the cruelties of colonialist behavior in many settings, including the acceptance of practices and policies now proscribed as ‘genocide’ but were treated neutrally as falling into the domain of conflictual politics, that is, beyond the limits of legal accountability so long as the perpetrators were white Christains and the victoms were persons of color. Only when the victims were ‘European’ as with the Armenians (1915) and later, the Jews, was the idea of criminalizing such behavioral patterns given a name and taken seriously as ‘the crime of crimes.’ Yet the racist/civilizational elements have not been fully eradicated as the political violence in Gaza illustrates where the Palestinian victims are dehumanized and the Israeli perpetrators are given legal cover by speciously inapplicable claims of self-defense.

In the course of seeking concretely to align law with justice I often found greater inspiration and kinship less with my law colleagues in the Global West, with some notable exceptions, and more  with what we now identify as dissenting public intellectuals in such cognate disciplines as cultural studies, history, humanities, and social science. In this personal professional trajectory I found Edward Said’s work and public life to be inspirationally congenial as well as motivated by similar humanistic goals that I loosely associate with justice, an admittedly subjective category that needs to be explicated in concrete circumstances.[2]

There are admittedly unsettling features of such a jurisprudential standpoint. The epistemology underlying such a viewpoint adopts certain juridical points of light while rejecting others and interprets them in context, such as the prohibitions imposed on genocide, apartheid, and ecocide, or the Charter llimitations on the use of force in international relations. In almost every concrete instance there is room for contradictory interpretations of what the law prescribes, suggesting that all assertions of unlawfulness or humanistic claims of justice involve advocacy, either for or against fand seek distance from the artificial clarity insisted upon in mainly prevailing legal traditions that strive for an ideals of objectivity.[3] Those that do government lawyering, perhaps motivated by ideology, ethical conceptions, or notions of stability and balance, are similarly selective in interpreting facts and law so as to ensure that international law conforms to their preferred foreign policy commitments. Law functions in such settings as a source of justification, and the articulation of intellectual support in scholarly or journalistic settings is also premised on advocacy jurisprudence, although typically disguised for the sake of persuasiveness. Such work is performed by what might be called ‘assenting public intellectuals’ who characteristically have access to the most influential media platforms as well are welcomed in the corridors of government. To reverse the slogan of dissenters, it is a matter of ‘power talking truth,’ which perceived by oppositional tendencies in civil society as legal cover for state propaganda.

It is my intention here is to discuss law and geopolitics in the inflamed atmosphere of the ongoing high intensity violence taking place in Gaza, alleged to be a response to the Hamas attack in a series of Israeli border communities on October 7, 2023. Edward Said’s life and work as a Palestinian public intellectual living in America seems highly relevant to gain insight into my underlying objective of achieving a better alignment of law and justice. Justice is here conceived in a first approximation as overcoming the hegemomic, hierarchical, and racializing nature of international law in its historical, cultural, and political roles as validating the civilization behavior and biased of the Global West/ A second approximation by reference to contemporary instruments of international human rights law, international humanitarian law, international criminal law, as well as the Nuremberg Principle and certain provisions of the UN Charter.[4] A third approximation occurs when a judicial tribunal issues a judgment that draws conclusions as to the law on the basis of considering the positions advocated by the contending parties. A fourth approxiximation occurs at levels of enforcement and accountability.  

Without the strong support of Proofessor Giuliana Ziccardi, as the exceptional veteran editor of the Yearbook I would not have had the courage to attempt to link what was originally a lecture on the life and legacy of a great public intellectual in conjunction with my efforts to align law with justice in international public discourse and even more so in the behavior of sovereign states. 

Edward Said’s relevance

It would be insensitive to any remembrance of Edward to frame my reflections on his legacy without also highlighting the uncertain, presently unknowable significance of the extreme gravity of the historic tragedy deeply afflicting the entire, previously long abused civilian population of Gaza explained and now justified by Israel as a response to the Hamas attack of Oct 7th. With each passing day of devastation and atrocity associated with Israel’s military attack, the Hamas provocation, terrible as in its own way it was, it seems increasingly detached from Israel’s extended response. Israel tries to keep the connection to the attack relevant to its disproportionate response by stressing the plight of an estimated 240 or more hostages being held by Hamas, itself a distinct war crime, and by media reports about the deep fissures in Israeli confidence that they were living in a secure atmosphere.[5] Yet as far as public disclosure so far reveals, Israel’s government fails to negotiate a prisoner exchange, and engages in an an unlimited attack that does not seem to offer much of value in exchMy attempt is to reflect on Edward’s amazing legacy while contextualizing these remarks in the current agonizing encounter that are darkening the storm clouds that have long haunted the future of the Palestinian people.

A Few Words on Edward’s Life

When thinking about what aspects of Edward’s varied, vivid personality and wide range of valuable writings I first felt overwhelmed. I took the easy way out by deciding to speak somewhat generally about Edward’s extraordinary legacy that makes his life, ideas, and perspectives more relevant 20 years after his death than when he was alive. Few scholars gain by their publications Edward’s influential intellectual afterlife.

It is difficult to talk about Edward without understanding what he meant to convey in his praise for a dissenting ‘public intellectual.’ Edward’s wished to affirm those for whom their signature trait was truth-telling and bearing witnessing to performative evil, especially embodying the public authority and the power of the modern sovereign state.

In a revealing interview with Tariq Ali not long before Edward’s death he acknowledged some related worries particularly by what he called ‘the commodification’ of public intellectuals in the US, personified by the then media stardom of Henry Kissinger and Zbigniew Brzezinski, two smart persons who clearly antagonized him by using their screen time to advance an imperial agenda on behalf of their preferred American foreign policy. More generally, Said felt that the think tanks in Washington were stealing the thunder of progressive thought and the high quality of debate that he hoped to engender in university settings and academic writing. It is my sense that that we as citizens are daily exposed to a post-truth public discourse currently deployed, and relied upon, by many world leaders that is far more regressive and alienating than the deteriorating role of public intellectuals that had so concerned Said while he was still alive. Part of what makes this discourse historically now so menacing is that it is rarely challenged by high tech media even in the constitutional democracies that continue to proclaim their political virtues of welcoming debate and tolerating dissent, now best constued as an Orwellian trope that obscures more than it reveals.

It is impossible to consider Edward’s legacy without venturing comments on the experience and contents of his breakthrough book, Orientalism.[6] It was this book that brought Edward fame but also several (mis)readings that bothered him deeply. Edward’s culturally grounded erudite approachto the relations of the West to the Arab world was always nuanced, pointing to the diversities and cultural failings on both sides of the civilizational divide. This made reductive interpretations of such dualisms as speaking of ‘the Orient’ or generalizing about ‘the Orientalist’ deeply misleading. Of course, Edward may have contributed to the confusion by his hostility to Bernard Lewis and his Arabist acolytes’ presentations of the Islamic world. He found such cultural stereotypes well-suited to adoption by imperialists in the post-colonial West as a policy tool, but more because of their policy agenda than their embrace of negative stereotypes about the Arab world and its behavior. There were other scholarly voices in the West whose academic assessments Said found desrving of attention, and often congenial even if containing criticisms of various aspects of Arab behvior. In other words, not all who studied and wrote about the Arab world were guilty of the sins of Orientalism.

Said was most convincing when arguing that the literary works in colonial Europe gave a moral underpinning to colonizing mentalities. These works brilliantly analyzed by Said did, perhaps unwittingly, serve indirectly the dark designs of imperial activists, and still do. It was a major contribution of Orientalism to make many aware of the Orientalizing tendencies of those seeking to exploit the resources and manipulate the strategic outlook of Islamic World elites in the Middle East.

It is such an implicit framing of the Zionist movement of forced displacement and subjugation of the native resident population of Palestine that underpinned Said’s profound critique of Israel’s 1948 celebratory self-righteous narrative. This narrative for Palestinians will be forever memorialized as the nakba, of catastrophe and exclusion that was not only something that happened in 1948 but describes a process that has continued ever since, and is now is in the midst of one of its most traumatizing iterations. It is this Israeli sense of imperial destiny that is currently continuing the gruesome work of justifying forced displacement and dispossession of the Palestinian people living in northern Gaza, an undertaking done with distressing ferocity. The rationalizations emanating from Tel Aviv are situational, but the impact on Palestinian normalcy are similar, reawakening the nightmare of 1948. Yet in Orientalist centers of power of the West what shocks and angers most of the non-Western world as genocide is claimed to be permissible because characterized as a response to ‘terrorism.’[7] By the use of this word alone Israel frees itself from any need to claim it was acting within the law. Supposedly, the T-label confers on Israel a legal entitlement to forego any pretense that its response to the October 7 attack is proportional and properly restricted to military targets. Israel’s hasbara fictionalizes and distorts the realities of what is happening that either disseminates falsehoods or deflects attention from unpleasant truths.

In contrast, the Palestinians, and the Arab street and peoples of the Global Souh spread throughout the world, including many less educated people than the pro-Israeli policymakers in the West are not fooled. They are moved to take spontaneous action by fiery images of huge bombs dropped on crowded refugee camps and on hospitals filled to capacity with wounded or dead infants, children, and severely injured adults. The peoples of the world, including many in the Global West, are smart enough to believe what they see and put aside the propaganda that they hear, becoming enraged by the steady flow of lame excuses for atrocities put forward by apologists and genocidal ideologues in Israel and their powerful allies in the Global West.

As with Orientalism it would be perverse to address Edward’s legacy without revisiting his approach to Israel/Palestine struggle. The special resonance at this time is certainly worse than what Edward’s darkest imaginings anticipated when contemplating what was the future of Palestine and its people twenty years ago.

While Edward was alive, the unresolved conflict involving Palestine increasingly defined his identity as a public intellectual. As well, the sufferings of the Palestinian people caused him great personal anguish. Edward came to possess one of the few keys that if properly turned decades ago might have avoided much of the ensuing misery for both peoples, allowing Jews and Arabs, despite their historic missteps to learn to live together peacefully and justly, rather than engage in what has become a macabre death dance. Edward’s humanistic vision of what should and could have been now seems as remote as the most distant star in the galaxy.

The horrifying events of recent weeks in Gaza account for this less comprehensive treatment of Edward’s legacy, but is not meant to detract from the pertinence of Said’s legacy to the Palestinian fate. These days it would be escapism, indeed denialism, to downplay the preoccupying bloody atrocities occurring in Gaza. In my view, it is not only Palestinians that are the victims. By its recourse to overt genocidal behavior Israel and Zionism have also irreparably tarnished their reputation, and that of Jews generally, overshadowing the prior historic horrifying experiences of victimization endured by the Jewish people and modernizing successes of Israel. Critical observers long have understood that Israel’s gains were achieved at a great human cost. Israel is now putting itself at risk of being perceived the world over as the most disreputable pariah state of our time.

The catastrophic events daily unfolding in Gaza also encourage a departure from standard academic ways of remembering a cherished scholarly friend from a safe aesthetic distance. Previously I might have mentioned a few anecdotes that displayed Edward’s joie de vivre and essentially comic sense of life. He was great fun to be with despite frequently teasing friends and colleagues in challenging ways, especially expecting friends to do better, whether it was on a tennis court or by an engagement with the Palestinian struggle.

It was my good fortune that our lives touched one another at several levels. Such contacts were apart from the convergence of our shared political commitment to a just and sustainable peace between Israel and Palestine, and elsewhere. To begin with, we both had close ties to Princeton University (Edward thrilled my graduate seminar by taking over the class each year for one session, which had its downside as I had to teach those same students the following week). Edward’s political mentors, Eqbal Ahmad and Ibrahim Abu-Lughod were separately my close friends and the four of us formed a kind of braintrust on Palestine/Israel that met periodically in Edward’s Columbia office. Beyond this, we both over-indulged racquet sports pretending that their value in our lives was partly free psychotherapy. In addition, our children became friends. My first secret adolescent crush was inspired by the daughter of my father’s closest friend who mfany years later she married Edward’s PhD advisor at Harvard with whom he became a lifelong friend, with droll side effect of reconnecting me with this lapsed romantic phantasy of my youth.

Of course, there were also fundamental differences in our lives and identities, which seem relevant to the nature of Edward’s particular worldview and ways of ‘being-in-the-world’:

–Edward’s birth in Palestine, childhood in Egypt, and adulthood in America gave him that ‘out of place’ sense of exile that his early memoir made famous, an image which puzzled others who regarded him as a role model of super-success in academic America. Yet as his enticing autobiography makes plain his sense of not fully belonging anywhere, while emotionally confusing for him at times, allowed him to feel somewhat at home everywhere. This hybridity was integral to his envisioning of reality as combining an intense national outlook associated with his ethnicity to a high culture brand of humanist cosmopolitanism.

In contrast, I was spatially exclusively rooted in the American experience from birth, but as I grew to maturity, so much so as to tempt me to say that I was ‘out of place, in place.’ Gradually I became more marginalized almost to a point that could be labeled a form of voluntary ‘inner exile.’ This strange identity became even stranger when combined with a later sense of being a partial expatriate (mainly thanks to my Turkish wife and the time we annually spend together in Turkey);

–To summarize, Edward and I, in our different ways, despite our different life trajectories, were both inside/outsiders, never rejected by our surroundings but neither were we fully accepted or accepting; although ironically Edward increasingly nurtured and clarified his sense of belonging almost exclusively to the torments and dreams of the Palestinian nation, while I continuously diluted my taken-for-granted childhood sense of belonging to the American nation (and even more so to the American nation-state);

–undoubtedly the biggest difference between us was that Edward wrote Orientalism, with its worldwide persisting influence and impact, while I wrote books on international law that few read unless they were forced to do so by the few idiosyncratic progressive law teachers, always an endangered species in corridors of legal studies, at least in white settler colonial societies.

 Israel’s War Against the People of Gaza  

Despite the extreme grimness of the topic, as indicated, there is no responsible way to evade further commenting upon the horrifying Israeli response to the Hamas attack of October 7 as it relates to Edward’s legacy. This response dangerously reinforced by crucial diplomatic cheerleading and funding support by the United States, climaxing so far in the provocative movement of two aircraft carrier groups into the Eastern Mediterranean. Leading EU members along with the UK went out of their way to lend Israel a helping hand. In view of the ongoing genocidal saga in Gaza this is such a deeply disturbing and dangerous set of developments as to shape the present political consciousness of almost everyone. It has become as the bombs continue to fall in Gaza, especially in Middle Eastern venues, to consider anything other than this unfolding multi-dimensional crisis transparently and vividly portrayed day and night on TV, making the events in Gaaz the most globally transparent instance of genocide in all of human history.

I believe this change of emphasis from what I had originally intended is faithful to the personality, character, and commitment of Edward Said. He possessed remarkable gifts of merging analytical mastery with a passionate ethical/political immersion in the historical present. Confronting what is happening in Gaza, and how it illuminates what is wrong with Israel and the Global West would have certainly aroused in Edward the most intense response of outrage, not only directed at the genocidal policies animating Israel’s leaders cruelly carried out a series of massacres against a totally vulnerable and captive civilian population of Gaza. This ordeal is epitomized by the death, maiming, and traumatizing of every child of Gaza, an outcome of the documented bombing of hospitals, medical convoys, refugee camps, schools, UN buildings. This extreme devastation is further aggravated by the official blood curdling Israeli decree issued by Israel’s Minister of Defense a month ago that totally cut off all deliveries of food, electricity, and fuel to the already impoverished Gazan population, a community already heavily burdened by the world’s highest unemployment and poverty rates, a consequence of 16 years of an economy-crippling blockade. If this were not enough, the Israel attack was waged in a manner that accentuated these terrifying conditions, most unacceptably by the impossible forced evacuation ordering 1.1 million Palestinians in the northern half of Gaza Strip to abandon their homes and livelihoods to go South with no place to go, no safe way to get there, and once there with no place to live and no prospect of a job. This was a fiendish mandatory directive that could neither be followed nor ignored, a nightmare in real life beyond even Kafka’s darkest imagining.

I am quite sure that if Edward was addressing an audience anywhere in the world he would also vent his rage at the complicity of the US government and the refusal of the corporate media to fulfill its commitment to approach world news as if truth and reality were truly its mission. What we find in much of the top tier media in the West is a style of news coverage that is generally faithful to the biases of government policy that has been energetically promoting the dissemination of a pro-Israeli narrative throughout the ‘war’ on Gaza. These views are backed by belligerent government spokespersons and think tanks in Washington that continue even now to present the crime of ‘genocide’ as if it is an instance of justifiable ‘self-defense.’ Instead of giving some attention to responsible critics of Israel’s behavior, even realist mainstreamers like John Mearsheimer, Stephen Walt, and Anatol Lieven, the most respected TV news channels, such as CNN, repeatedly invite as their guests IDF spokesmen or leaders, and an endless stream of generals and Washington foreign policy experts in the West who tend to dwell on the tactical obstacles facing Israel’s unquestioned alleged mission of destroying Hamas as an organization and killing as many of its leaders as it can find. The commentary rarely complicates the portrayal of Hamas as ‘terrorists’ although it often meaninglessly and disingenuously cautions a defiant Israel to conduct its future operations within the limits set by international law and with due regard to the protection of civilians. This is a ridiculous bit of guidance given the complete failure to criticize Israel’s ongoing reliance day after day on Israel’s lawless tactics and decrees from its leaders that lend unquestioning support to the toxic action of its military forces, seem intent on inflicting devastating damage on the person and property of Gazan civilians with no established link to Hamas, and utterly contemptuous of critical voices.

If we are to gain a measure of objectivity it is necessary to deconstruct the main items of state propaganda that has muddied the waters of understanding Gaza violence throughout the Global West, while as noted not fooling the street protests throughout most of the rest of the world. Five points stand out in this regard:

     –first of all, the reductive presentation of Hamas as a terrorist organization when in fact it is the elected government of an Occupied Territory subject to the 4th Geneva Convention which outlines the obligations of the Occupying Power, with a special emphasis on the duty to protect the civilian population.

     –secondly, the manipulative identification of Hamas as nothing other than October 7 attack, which if it is as it seems to be, is certainly an undertaking, however provoked, fraught with extreme criminality and patent cruelly. The Hamas attack even if as barbaric in its execution as being portrayed, and on the basis of past reportage there is reason to be suspicious of Israeli battlefield justifications, overlooks other facts that more adequately delineate the true identity of Hamas. Hamas after being elected and taking control of the Gaza Strip from a corrupt and passive Fatah leadership associated with the Palestinian Authority has been administering Gaza since 2007 despite it being controlled by Israel as the world’s largest open air prison, its inmates further victimized by a punitive blockade years ago described by Israeli official advisors as explicitly implemented to keep all Gazans on a subsistence diet. Whatever else, Hamas is an elected political actor that since 2006 has been representing the people of Gaza, and as such is entitled to exercise rights of resistance although subject to limits set by international law.[8] Hamas earned legitimacy and Pa;estinian respect as a continuing and leading source of active resistance, something that has at least since Arafat’s death in 2004 eluded the international representation of the Palestinian people by the Palestinian Authority despite its well-known collaborative security relationship with Israel, especially resented in the West Bank in recent years.

It should be appreciated that the commission of a war crime, however heinous does not reduce a political actor to such an isolated act that make its reality reducible to an embodiment of terrorism. If this logic prevailed Israel would have been a terrorist movement from the early days of the Nakba in 1948, and many times over before and since.[9] Extreme crimes of a non-state and state actors were perpetrated by the Zionist movement before 1948, and by Israel subsequently. These documented crimes included ‘collective punishment’ (Article 33, Geneva IV) and ‘apartheid.’[10]

In the midst of the Israeli retaliatory fury the UN Secretary-General, Antonio Guterres, tried his best to overcome the good versus evil dualism of Israeli hasbara, as propagated in the West, by telling the assembled governments at the UN that the Hamas Attack, which he joined in strongly condemning, did not occur in a vacuum, which indirectly references Israeli crimes of oppression and Palestinian rights of resistance. For daring to speak truth to power Guterres was pilloried by Israel for suggesting, however mildly and indirectly, that Israel had severely provoked the people and Hamas leadership of Gaza for so long and cruelly that violent acts of resistance were the almost inevitable response, and as such called for self-scrutiny rather than a self-blinding orgy of vengeance. Once more Israel greeted criticism with an angry exaggerated response, demanding the resignation of Guterres and calling this self-evident truth a blood libel against the Jewish people. In this feverish pushback, it fortunately failed in its declared objective, and yet it achieved its most serious intended result of repudiating truth-telling and debate and shifting attention from the message to the messenger. What is remembered is not reminding governments of the context of the Hamas attack, but rather whether the call for the resignation of the Secretary-General was justified or not.

     –thirdly, even those seeking a post-Hamas role for the PLO and PA in Gaza with the status of being the sole continuing international representative of the Palestinian people, acknowledge an unspecified need for what is described as the ‘reconstituting’ of the PA. In coded language relying upon the abused word ‘moderate,’ it seems widely understood by Israel’s supporters as implying zero tolerance for the assertion of internationally certified legal rights of armed resistance and a low-profile advocacy of legal rights of Palestinians including the muting of objections to West Bank settlements and their further expansion. Such restrictions on Palestinian reactions to unlawful Israeli settlement expansion, land grabbing in the West Bank, and settler crimes against the occupied native population being carried out in an atmosphere of impunity and further often facilitated by the greenlighting of Israeli security forces to refrain from offering protection to Palestinians in the face of violent harrassment. Security restrictions imposed on West Bank political activity disappear when it is the Jewish settlers rather than the Palestinian residents that embark on a violent rampage that kills and wounds even those Palestinians who have sullenly adapted to their fate as a permanently oppressed people living according to the whims of an apartheid regime. It is instructive to compare Israel’s middle of the night terrorizing arrests carried out against stone-throwing children or their predatory attacks on Palestinian rituals associated with the harvesting of olives with the forbearance exhibited toward the lethal violence of the Jewish settlers;

     –fourthly, this settler phenomena, itself a direct, defiant, continuous, and massive violation of Article 49(6) of Geneva IV, is the current combat front line of Zionist militants who have long sought sovereign control over the West Bank, and its encouragement is directly subversive of any prospect of a two-strate solution, which despite this, remains the international mantra of advocates of a peaceful solution. One is led to wonder whether this advocacy is a cynical recogniztion of the futility of exerting real pressure on Israel or an example of evasive and naïve wishful thinking. In this sense, as with a skilled magician, some Israeli leaders seem content to have public attention preoccupied with Gaza rather than paying critical attention to the real endgame of Zionist maximalism, which centers on achieving Israeli sovereign control over the West Bank, the only part of ‘the promised land’ yet to be reabsorbed into the Jewish supremist, apartheid state of Israel. While we rightly weep over the acute suffering of the Gazans, we should also be taking a hard look at the simultaneous tolerance, more accurately interpreted as encouragement, by Israel’s leaders of escalating settler lethal violence and ethnic cleansing politics in the West Bank.

As with Gaza, the Israeli settlers are not shy about revealing their goals by way of menacing threats directed at the Palestinians. It went almost unnoticed in the Western media that after a recent violent settler demonstration in the West Bank, leaflets were affixed to Palestinian cars in the neighborhood with a simple chilling message ‘leave or we will kill you;’

     –fifthly, it needs to be stressed that the present unity government in Israel is put before the world as a temporary ‘war’ response to Oct. 7.  It was intended to underscore the war narrative, and the need to overcame earlier sharp divisions among Jews about the nature of the Israeli Jewish state. It seems true that the current unity government reflects a broad ethnic consensus among Israeli Jews that ‘vengeance’ without restraint was justified in response to the Hamas attack, and indeed alleged necessary if Israel was to avoid future attacks. More tangibly this meant for those so believing, finding an alternative to Hamas to administer Gaza in ways that curbed Palestinian militancy, whether from Hamas or other Palestinian groups of which Islamic Jihad is best known but not the only one. Liberal Zionists tend to argue that such a policing approach has almost no chance of succeeding on its own in restoring Israeli security unless tied to a peace proposal. To have any chance it needs to be combined with giving the Palestinian people a collective belief that a fair peace can be peacefully achieved within the framework of a two-state solution. Such an envisioned future presumes that Israel is finally prepared ‘to walk the walk’ of a two-state solution comprising at the very least inclusion of the West Bank and East Jerusalem as the capital of the new Palestinian state, as well of course as Gaza. As of now, such a future is the stuff of dreams, and lacks a grounding in the realities of either Israel or the US to be a viable political project.

I find this moderate option to be a totally dubious day after tomorrow scenario—most of all because the Netanyahu-led government emphatically doesn’t want it, and never has; it has almost been erased in our collective memory that the Netanyahu coalition that took control at the beginning of 2023 was generally described even in Washington as the most extremist government when it came to the Palestinians during the entire history of Israel. If Tel Aviv has its way, and now may have more latitude than in the past to establish ‘Greater Israel’ under the smokescreen of Gaza and geopolitical worries about a wider war further damaging the world economy and destructive of fragile regional stability. I firmly believe that this total rejection of Palestinian territorial grievances and rights under international law is at the core of Israel’s real Peace Plan.[11]

Even in the highly unlikely event that Netanyahu is forced to resign for his responsibility in the Oct 7 intelligence/security failure, and the Netanyahu extremist coalition government collapses, this kind of future for Israel/Palestine seems a non-starter. Over half a million settlers in the West Bank will fight Tel Aviv rather than having their expansionist ambitions thwarted by implementing any kind of agreement that requires a durable and humane accommodation with the Palestinians. At minimum a sustainable peace presupposes a Palestinian governing authority that has credibility with most Palestinians and a freeze on further settlement construction or more radically, arrangements for a coerced settler withdrawal to within Israel’s pre-1967 Israel borders. It would also necessitate an Israeli willingness to dismantle apartheid within its own state and implement rights of return for long languishing Palestinian refugees in neighboring countries. Even mentioning the magnitude of these adjustments suggests that liberal Zionists living around the world in secure diaspora conditions have little insight into Israel’s resolve to complete the Zionist Project on its terms, and to accept a variety of political costs associated with such an ambition.

As of now the most probable morning after tomorrow setting is likely to produce Israeli victory claims in Gaza, Hamas nominally replaced by a secular grouping of moderate secular Gazans Israel thinks it can rely upon, and a continuing Israeli effort to secure sovereign control in the West Bank, which implies further measure of ethnic cleansing and is virtually certain to produce a new cycle of Palestinian resistance. The Palestinian response if faced with such prospects will undoubtedly shape new modes and styles of resistance reinforced by a greatly increased global solidarity movements at the grassroots level of people, with the UN essentially silent, and even Western governments wary of continuing unconditional support of Israel. If resistance is sustained in effective initiatives, and complemented by greatly increased support from the region and world, it might signal moves among Israeli elites of the type that produced the South African transformative response to the growing pressure from internal resistance and external solidarity initiatives to dismantle apartheid and constitute a new government based on inclusive human rights, including a long deferred Palestinian right of self-determination.

The outcomes in Gaza and West Bank, although weakening Israel’s standing regionally and globally may have the perverse effect of stiffening the Israeli willingness to risk everything by mounting a final campaign to erase the Palestinian challenge, and not primarily in Gaza, once and for all, even if this means a consummated genocide. It will be up to the mobilized peoples of the region, of the Islamic state, and of the Global West to rise up sufficiently to prevent the fulfillment of such a scenario. At present, there is no sign of this happening, but if the present onslaught in Gaza continues much longer and is accompanied by rising violence in the West Bank such an outcome cannot be ruled out.

Geopolitical Ramifications of Israel’s Campaign in Gaza

A first line of reflection in reaction to this series of alarming developments, is to step back from the immediacy of Gaza, and to suggest the relevance of the global context within which these events have occurred. Before Oct 7 and after the Feb 24, 2022 Russian attack on Ukraine some thoughtful persons began to be conscious that a contested geopolical transition was underway that could affect drastically the world order that emerged after the fall of the Berlin Wall and the implosion of the Soviet Union. The outcome of such a transition could be something that either mitigated or aggravated the dangers of major warfare that were evident before Oct 7.

In the immediate aftermath of the end of the Cold War, there was a burst of enthusiasm in the West, not only for victory over the Soviet Union and what it stood for, but for a more peaceful and prosperous world order. Hopes were invested in a new kind of economistic global setting in which market forces associated with trade and investment would create a benevolent future for the whole world, geopolitical rivalries and militarism would recede, with peace and security anchored in the diplomatic and defensive military capabilities of the United States, given credibility by the war-prone foundation of ‘full-spectrum dominance.’ This sequel to the Cold War, often labeled ‘neoliberal globalization’ was preoccupied with the financialization of the world economy, with government responsibility for the wellbeing of people diminished, while a growing need to meet an ominous ecological challenge caused by the modern carbon-based economy and known to the public by the soothing words ‘climate change,’ a situation best handled by multilateralism, that is, cooperative problem-solving on a global scale.[12]

The real breakdown of this Global West vision came by way of a series of profound order-challenging developments: the spectacular rise of China between 1980 and 2020, the Russian return to the geopolitical stage, and the unresolved conflict between the Islamic world and the West playing out in the Middle East, with oil and Israel being the core issues. In these respects, the Ukraine War and the Gaza War are parallel pivotal developments in these confrontations between the forces of order and those of change that few persons remain reluctant to talk about. Those that champion a  post-colonial reenactment of Western world hegemony as the best attainable framework for peace and security that humanity tend to be advocates of victory over Russian designs in Ukraine,  restraint of China in relation to the future of Taiwan, and wish for Israeli success in overcoming Palestinian resistance the completion of the Zionist Project by way of the formal establishment of Greater Israel.

In effect, this is an argument in favor of a transition to a revival of a world order dominated by the interests, political rhetoric, and economic priorities of the Global West as presided over by a US-led coaltion. The was the case in the aftermath of the other two global transformations of the past century: the end of World War II and the fall of the Berlin Wall, each of which coincided with defeats of fascism and communism, rival ideologies with their own conflictual world order agendas.

If considered from this wider perspective, the current Gaza/West Bank ordeal should be viewed as a conflict that is not just about Israel and Palestine. It is a conflict about the stability and structure of the region upon which many countries in the Global West continue to depend in meeting their energy needs. It also showcases Western fears and hostilities toward Islamic pressures whether from migration or anti-Western radical forms of nationalism.

This may help explain why, beyond the influence of Zionism, the U.S. has so blindly and unconditionally thrown its support to Israel despite its aggressive and discrediting behavior that undermines trust in the quality of US world order leadership. Israel has managed so far to retain the visible assurance of Western support no matter what it does to the Palestinian people and however arrogantly it flouts international law and the UN Charter. This reflects its strength as a strategic asset of the West and also its extraordinary influence on the domestic political life of the US and UK.

Looked at from the opposite angle, Hamas struck on Oct 7 not only to remind Tel Aviv and the world that the Palestinians were not going to stand by quietly as their presence was being publicly erased. Erasure is what Netanyahu seemed to boast about when he flashed before the UNGA in September 2023 a map of ‘the new Middle East’ with Palestine erased as a territorial presence in the region. This ethnic erasure was given further concreteness at the muddying of the waters at the G20 in September 9-10, 2023 meeting in Delhi that projected a Middle East corridor from India to the Arab World. Such an undertaking was widely interpeted to assume normalization of relations with Israel and the removal of Palestinian grievances from any relevance to this new policy agenda of the region.

The Middle East role in this transition from the post-Cold War reality has been openly ideologized as a new and latest phase of the West’s historic struggle against a reconstituted ‘axis of evil’ which the French leader, Emmanuel Macron, advocated within the framework of anti-terrorism. He put forward this controversial interpretation of world political trends while on a solidarity October visit to Israel during the attack on Gaza, in effect an anti-Islamic coalition of the willing was so overtly proposed in mid-October. He sought to downplay his openly civilizational initiative as an ‘anti-Hamas coalition,’ claiming resemblances to the anti-Daesh (or ISIS) coalition that emerged as a reaction to the US/UK invasion and occupation of Iraq in 2003, which included the dismantling of Iraqi armed forces. Macron seemed to magnify the already terrible drama of good and evil playing out in Gaza by referencing the connections with Hezbollah and Houthis, but also Syria, and above all Iran. Perhaps, also, it was Macron’s way of ingratiating himself to his Israeli hosts by deflecting attention away from the terrible happenings in Gaza to a wider conflict in which Israel was managing the conflict zone on behalf of the West.

This recourse to a systemic explanation of the Hamas attack recalls the once fashionable ideas of Samuel Huntington who in 1993 alerted the world to an anticipated post-Cold War reconfiguration of world politics as ‘a clash of civilizations.’ Huntington expressed his doubts that peace would follow the end of the Cold War, believing rather in the emergence of a new cast of adversaries hostile to the Global West.[13] Such a civilizational encounter would reconfigure militarized conflict rather than promoting peace, justice, development, and ecological prudence to form the basis of post-1989 world order. If we step back from the transparent immediacy of horror generated by Israel’s targeting of hospitals, refugee camps, and UNRRA buildings in Gaza, and interpret the wider reaches of this violent drama our picture of what is strategically at stake is considerably enlarged. Taking account of the relevance of Hezbollah, Houthi, Syrian, and above all Iranian solidarity with Gaza, as reinforced by the persisting large protest rallies in the city streets in Islamic countries, and indeed throughout the Global South, Huntington’s expectations of 30 years ago seem to be a prophetic prelude to Macron’s initiative as well as to the 9/11 attacks. Huntington’s words resonate anew as they formerly did when articulated just after the Cold War “[n]ation-states remain the most powerful actors in world affairs, but the principal conflicts will occur between nationals and groups of different civilizations…The clash of civilizations will dominate global politics. The fault lines of civilizations will be the battle lines of the future.”[14]

Others have elsewhere observed that the conflict between Western civilization and  Islam has a lineage that goes back 1300 years. Huntington’s ideological ally at the time was none other than Bernard Lewis who introduced an Orientalist twist by demeaning the whole of Islam as “a culture of rage” portraying those of Islamic faith, in Edward Said’s words, as nothing other than “a neurotic sexualized being.”

In a further twist, the Hamas leadership rationalized its attack on Oct 7 as a necessary way of conveying to Israel that the Palestinians were not going to consent to erasure. Further, in an inversion of the Western images of the Arab as responding only to force [see Raphael Patel, The Arab Mind (1973, updated 2007], Hamas argues with apparent plausibility that Israel only responds to force, and that Palestinian were led to mount an attack to awaken Israelis to the resolve of the Palestinians to resist erasure.

These contrary images of this clash of civilizational mentalities serves as an illuminating, if unconscious, backdrop for Israel’s Minister of Defense, Yoav Gallant, disgusting language describing the battle against Gazans in words that will be long remembered in the annals of genocidal rhetoric: “We are fighting against human animals, and we will act accordingly.” To so overtly dehumanize Palestinians, as well as  its demeaning negation of animals, could make the often insurmountable challenge of establishing genocidal intent easy for prosecutors to meet. Of course, the quoted phrase is further incriminating as its role seemed a public explanation of why food, electricity, and fuel would be totally cut off from any form of transmission to Gaza. All in all Gallant’s notorious decree is fully consonant with Israel’s practices during this past month of violence. It also gains relevance by the failure of Netanyahu or other Israeli officials to modify or in any way soften Gallant’s self-incriminating language. What Galant said is consistent with other statements by Israeli leaders including Netanyahu and by IDF tactics and public rationales confirming such attitudes toward the whole of the Palestinian people.

There is little doubt that the outcome of these two ongoing ‘wars’ will deeply influence the prospects for the stability and acceptance of Western worldwide post-colonial and post-Cold War economic, political, and cultural patterns of hegemony. The hawkish interpretation insightfully, if indirectly, regards the active and undisguised complicity of the Western governments in relation to Gaza as a matter of grand strategy rather than as a testimonial to Zionist influence. This is important to understand, although in light of the rising chorus of moral/legal objections to Israel’s behavior in Gaza, it is rarely publicly acknowledged.

What is new with respect to Samuel Huntington sense of ‘the West against the rest’ was his failure to take note of the Islamic challenge being spearheaded by non-state actors adopting the pre-modern means of combat at their disposal and largely focused on resisting further Western penetration rather than through violence overseas as was the onetime tactic of Al-Qaeda. What 9/11 and later Islamic jihadism added was a religious rationale to resistance and conflict with the West whose identity took largely non-state forms. In effect, the  geopolitically phrased assessments of Huntington acquired a moral fervor.

Instead of waging a geopolitical war to determine global power alignments, the war against Hamas can be, as Macron intimated, also internalized giving a fresh stimulus to European Islamophobia and anti-migrant politics. Even during the Cold War the Russians were never demonized as a people or was their civilization demeaned, partly because they were after all white Christians not ‘human animals.’

A politics of demonization, although used in an inflammatory way by Biden in relation to Ukraine, was confined to the person of Vladimir Putin. The main argument consisted of self-serving legalistic rationalizations for defending Ukraine, while excluding from consideration such contextual issues as prior internal violence against the Russian-oriented minority in the Donbas oblasts along with Kyiv’s repudiation of the Minsk 2014-15 agreements, and NATO’s increased engagement with the country’s security policies after the Maidan Coup in 2015.

There are revealing similarities in the Global West responses to these two violent conflicts that are bound to have transformative influences on the future of peace and security in the world. Those who favor a strong material and diplomatic commitment to Ukraine, as with those showing unconditional support of Israel, become hysterical if provocations of Russian aggression or the pre-history of the Hamas attack are taken seriously into account. This is because a fair appraisal of these two contexts subverts the high ground of moral purity and political justification implicit in the militarist modes of response, as well as rendering ambiguous the presume clarity of the claimed legal right of self-defense in the two instances.

The supposedly humanistic President of Israel,  Isaac Herzog, adopted the good versus evil framework of Netanyahu that refuses to make the slightest concession to the realities witnessed by the peoples of world. Herzog’s entire effort was to draw the sharpest possible distinction between Israel as the agent of a humane future for all and the Palestinians as the exemplification of the worldview of their barbaric adversary. His words featured as a guest opinion piece in the NY Time are an example of the one-eyed crusading civilizing vision that a broad spectrum of Israelis endorse:

Against our will, we in Israel find ourselves at a tipping point for the Middle East and for the world and at the center of what is nothing less than an existential struggle. This is not a battle between Jews and Muslims. And it is not just between Israel and Hamas. It is between those who adhere to norms of humanity and those practicing a barbarism that has no place in the modern world.[15]

It would seem, at this point, that what is being endorsed in the West, is a second coming of the ‘clash of civilizations’ worldview as further embellished by invoking the dualism of good and evil. It is blended with a last-ditch effort to sustain the unipolar geopolitical alignment that emerged after the Cold War amid a world beset by ecological instabilities as never before. Biden made a lame effort to ideologize the latter stages of the post-Cold War atmosphere by describing the current era as an epic global struggle between ‘democracies’ and ‘autocracies,’ but it was largely ignored as the claim was beset by obvious empirical contradictions of inclusion and exclusion.

The outcome in Gaza for Israel also has major implications for the region and world, including possibly inducing a normalizing diplomacy with Iran, and greater respect for the norms of non-intervention in internal societies, especially Muslim majority countries in closer conformity to Article 2(7) of the UN Charter. All things considered, the world will be safer and more secure if the politics of self-determination are managed nationally rather than by a US-led NATO directorate. As well, a positive reappraisal of conflict-avoiding invisible geopolitical fault lines such as were the pragmatic contribution of World War II diplomats at Yalta and Potsdam, and their renewal in the present altered circumstances of seeking conflict management.

Some Alternative Futures for Israel/Palestine

Against this geopolitical background, it seems now appropriate to make conjectures about what sort of future will emerge the violence in Gaza and how it might shape the destiny of Palestinians and Israelis, including the roles will be played by regional and global forces.

As the bombs continue to fall and rockets fill the air in Gaza, some reaching Israel, various ideas are being advanced by outsiders about probable and desirable futures. Three future patterns emerge at this from the rubble and the rising death toll:

–the pessimist’s future: Israel despite alienating people throughout the world retains sufficient hard power leverage to win the peace, establishing a Greater Israel that incorporates the West Bank, reconstitutes the governance of Gaza under a Palestinian Authority leadership to serve as the sole representative of the Palestinian people, possibly even looking to recognize a Gaza micro-state as ‘Palestine.’ I think that this outcome would not satisfy internal or international demands for an acceptable Palestinian solution, and would not end or even mitigate the apartheid nature of present Israeli governance or inhibit resistance activities on the Palestinian side;

–utopian envisioning: holding Israel responsible for the criminality of its Gaza campaign, requiring accountability of the main perpetrators for their crimes and imposing reparations for damage done to Palestinians homes and property; acknowledgement by the Israeli President and Prime Minister of the historic wrongs done to the Palestinian people by the Nakba and subsequent abuses, a point stressed by Edward Said and others with the accompanying sentiment ‘There will never be peace until there is such an acknowledgement is made.” Democratic secularism in a unified or co-existing states based on no ethnic nor religious criteria, featuring democratic elections, and human rights. A right of return of all Palestinian refugees and their descendants. Zionism would revert to the Balfour ethnic pledge of a Jewish ‘homeland’ but no state. The fact that something analogous along these lines happened in South Africa suggests that it could happen in Israel/Palestine, but it seems far beyond the reach of practical politics at present, although the Israeli NGO, International Committee Against Housing Demolition (ICAHD) has circulated a roughly comparable proposal in early November 2023;

–stalemate renewed: a return to the status quo preceding the Hamas attacks, with modifications, but apartheid, border control and blockade roughly as before, resistance continues, global solidarity intensifies in ways that gradually shift the balance of forces in a Palestinian.

None of the Oslo hype clouds the present search for final outcomes of the Palestinian struggle to attain its long denied basic rights as a people and nation. Yet for the foreseeable future the outlook for peace remains dark, including in, maybe especially in Israel.

Concluding Remarks

I would like to believe that Edward would have agreed with most of what I have said, although among his many virtues, was that of intellectual independence, which on occasion could be experienced as a certain cantankerousness. It is entirely possible that after Edward listened to these remarks would approach me after these remarks with a scowl and his half ironic, half serious putdown:  ‘Richard, you can’t be serious.’

Despite my intention to be engaged, my words may still have come across as too academic. Yet I must reaffirm that the events of the last month have resulted in the most tormenting emotions that I have ever experienced in reaction to public events. I confess that to some, my rather academic style may seem designed to hide partisanship. To counter such an impression I will conclude by removing any doubt as to where I stand.

I firmly believe that this is a time for persons of conscience to take action as well as to pierce the propaganda manipulating feelings, perceptions, and allegiances

It is past time to confront the double standards and moral hypocrisy of the Global West’

It is also a time to mourn and grieve the terrible human costs endured by the people of Gaza, but also a time to show solidarity with those seeking peace and justice at great risk

And finally, this is a time to repudiate the horrors of warfare and political violence, the disgrace of genocide, and better arrange our lives and organize our collective endeavors on the power of love, courage, struggle, justice, and hope.

Concluding Remarks

As jurist, citizen, and human rights activist, the issues of aligning law in the books with justice in the life of Palestinians has both tested my commitment to a word order in which law and justice become closely aligned. This cannot happen so long as the UN and the management of power and security is left to the priorities of geopolitical actors, at present the US, China, and Russia, particularly if their relations are strained by the emergent struggles particularly evident in relation to Ukraine and Taiwan. The US seeks to retain the unipoarity—that is, the exclusion of other geopolitical aspirants from the managerial roles of global security—in the face of growing challenges not only from Russia and China, but also from the BRICs and a realigned Global South.

The lives of dissenting public intellectuals whether rooted in the scholarship of the humanities, at which Edward Said excelled, or the academic engagements of a social scientist devoted to the alighment of law and justice, the imperatives of values, thought, and action need to be fused and their impact on governmental and UN actors dramatically increased if world order challenges are to have any chance of being addressed in humane and effective ways. In a constructive sense, all legal analysis rests upon disclosed or suppressed what I have characterized as ‘advocaacy jurisprudence.’ Such an assertion builds on the work of legal realism and critical legal studies, and in keeping with the Lasswell/McDougal explicit endorsement of liberal constitutionalism as the guiding principle of constructing legal outcomes, although slightly disguised by their claim of a scientific social science epistemological foundation for their normative preferences.


* Adapted from Edward W Said Memorial Lecture: The Enduring Legacies of Edward Said

The American University in Cairo, Nov. 4, 2023


[1] My jurisprudential orientation accords with and is influenced by Noura Erakat pathbreaking JUSTICE FOR SOME: LAW AND THE QUESTION OF PALESTINE (2019)

[2] Others I would mention in the ssame spirit are Noam Chomsky, Daniel Ellsberg, Cornel West, David Ray Griffin, and from a distance, Albert Camus, Jean-Paul Sartre, Bertand Russell, Mohatma Gandhi, and Martin Buber. Within my disciplinary orientation of international law, I found the critical work and normative perspectives of TWAIL (Third World Approaches to International Llaw) as a compatible complement to the work of jurists in the Global West working toward a similar realignment of law and justice as are dissenting public intellectuals. In this regard I would mention Asli Bali, Noura Erakat, Darryl Lee, Lisa Hajjar, Victor Kattan, and Penny Green as currently active examples in the US/UK setting.

[3] See the influential writings of Hans Kelsen and the many conscious or unconscious Kelsenites. Also relevant is the writing of Max Weber trying to curtail the influence of religion in policy formation and give way to Enlightenment values privileging science. In some attempts to objectify a preferential set of values the issue of subjectivity is shifted but not eliminated. See Hans Kelsen, Principles of International Law (2003) The most notable undertaking of this sort was attempted by the New Haven School of International Law, as principally propounded by Harold Lasswell & Myres S. McDougal at Yale Law School. See their Jurisprudence for a Free Society (1991)

[4] By ‘first approximation’ I want to again emphasize that legal norms are not self-elucidating. Their ambiguity is

somewhat arbitrarily overcome by leaving the authority to finalize the interpretation of norms to judicial bodies.

The dissatisfaction among liberals about the outlook and judgments of the US Supreme court in recent years reveals tensions in the alignment between law and justice. During the Warren Court it was political conservatives that were distressed by what they regarded as misalignment of law and justice. 

[5] There are enough discrepancies between the initial Israeli account of the Hamas attack and what actually happened on Oct 7 to support the appointment of an international commission should be arranged to produce a trusted objective and comprehensive account of what actually happened on that tragically eventful day.

[6] Edward W. Said, Orientalism (1978)

[7] No words in political discourse are more manipulated than are ‘genocide’ and ‘terrorism.’ The former

to criminalize dehumanizing behavior, while the later suspends the laws of war be dehumanizing those

that use political violence as an instrument of armed struggle, with more or less justification.

[8] Although indefinite in its contours, international law authrorizes armed resistance to oppressive rule. See UN General Assembly Res. 2625 (1975).This makes the Hamas attack to be a hybrid event, both containing war crimes and a resistance rationale. This rationale points to the failure to find a peaceful solution after more than 75 years.

[9] See Thomas Suarez, How Terrorism Created Modern Israel (2016)

[10] See Convention on the Prevention and Punishment of the International Crime of Apartheid, 1973; recently documented by Michael Lynk 2021 report to the HRC in his role as SR, Michael Lynk in Richard Falk, John Dugard, Michael Lynk, PROTECTING HUMAN RIGHTS IN OCCUPIED PALESTINE: WORKING THROUGH THE UNITED NATIONS (2023), 297-312; also the authoritative reports of the UN’s ESCWA, and NGOs Human Rights Watch, Amnesty International, and B’Tselem.

[11] This reasoning of mine should be compared to the proposals published on October 22, 2023 in Foreign Affairs by the former PA Prime Minister, Fayyad Salam ideas.

[12] For ellaboration see Richard Falk, PREDATORY GLOBALIZATION: A CRITIQUE (2001)

[13] Samuel P. Huntington, “The Clash of Civilizations,” Foreign Affairs 72: 22-49 (1993)

[14] Ibid, Note 13.

[15] The President of Israel: Isaac Herzog, “This Is Not a Battle Just Between Israel and Hamas,” NY Times, Nov. 3, 2023.

Gaza: The Wider Context

1 Mar

[Prefatory Note: my essay of explication on the inexplicable, as published by Eure-Med Monitor at the end of February 2024]

COMMENTARY: In Gaza, the west is enabling the most transparent genocide in human history

Richard Falk

Update of 2/25/24 EuroMed Article by Richard Falk:

It is helpful to conceive of the Israeli settler colonial undertaking in Palestine as having reached its decisive phase, and as such concerns in addition to resources, land and people. From an Israeli perspective, ‘more land, less Palestinians’; from a Palestinian perspective, ‘steadfastness and resistance in relation to land and residence rights.’

The latest news pertaining to Gaza as reported in the Western media and government circles is that a six week pause in the onslaught in Gaza is being negotiated in Paris and Doha, and possibly will take effect on March 10th, the beginning of Ramadan. The deal being negotiated centers on the release of women, children, and the elderly among the 99 Israel hostages still held by Hamas, and an exchange that is rumored to lead to the freeing of 300 Palestinians currently held in Israeli prisons, often under abusive conditions.

It is coupled with a continuing announced intention by PM Netanyahu of a planned attack on the southernmost Gaza city of Rafah, which is now sheltering as many as 1.5 million displace Palestinian or more than half of Gaza’s 2.3 million population and more than ten times the number of people normally living in Rafah.

The overall genocidal attack in its fifth month now has resulted in more than 30,000 Palestinian deaths with another 7,000 missing, and over 70, 000 injured many badly.  A further estimated 576,000 are coping with imminent famine conditions, 85% of Gaza population is displaced, and 80% of residential housing has been destroyed or seriously damaged, as well as 96% of Gaza agricultural infrastructure destroyed or damaged.

To calibrate the extent of loss and suffering by reference to the current US population of 335 million would mean multiplying the above Palestinian casualty statistics by more 140 times, and many fear that starvation, disease, and the Rafah attack will greatly increase Palestinian losses.

Recall Samuel Huntington’s controversial, yet influential, 1993 Foreign Affairs article, “The Clash of Civilizations,” which ends with the provocative phrase, “The West against the rest.” Although the article seemed far-fetched 30 years ago, it now seems prophetic in its discernment of a post-Cold War pattern of inter-civilizational rivalry. It is rather pronounced in relation to the heightened Israel/Palestine conflict initiated by the October 7 Hamas attack on Israeli territory with the killing and abusing of Israeli civilians and IDF soldiers, as well as the seizure of some 200 hostages.

Clearly this attack has been accompanied by some suspicious circumstances such as Israel’s foreknowledge, slow reaction time to the penetration of its borders, and, perhaps most problematic, the quickness with which Israeli adopted a genocidal approach with a clear ethnic cleansing message. At the very least the Hamas attack, itself including serious war crimes, served quite  conveniently as the needed pretext for the 100 days of disproportionate and indiscriminate violence, sadistic atrocities, and the enactment of a scenario that looked toward making Gaza unlivable and its Palestinian residents dispossessed and unwanted.

Despite the worldwide transparency of the Israeli tactics, partly attributable to ongoing TV coverage of the devastating and heartbreaking Palestinian ordeal, what was notable was the way external state actors aligned with the antagonists. The Global West (white settler colonial states and former European colonial powers) lined up with Israel, while the most active pro-Palestinian governments and movements were initially exclusively Muslim, with support coming more broadly from the Global South. This racialization of alignments seems to take precedence over efforts to regulate violence of this intensity by the norms and procedures of international law, often mediated through the United Nations. South Africa broke this pattern by its historic initiative at the ICJ that resulted in a near unanimous Interim Order on January 26, 2024, which seems to have had no impact on Israel military tactics or interference with the delivery of humanitarian aid or support by the Global West.

This pattern is quite extraordinary because the states supporting Israel, above all the United States, have claimed the high moral and legal ground for themselves and have long lectured the states of the Global South about the importance of the rule of law, human rights, and respect for international law. This disregard the manifest of intent of the Genocide Convention to  urge compliance with international law and morality by both sides in the face of the most transparent genocide in all of human history. In the numerous global pre-Gaza genocides, the existential horrors that occurred were largely known after the fact and through statistics and abstractions, occasionally vivified by the tales told by survivors or given expression in novels or films. The events, although historically reconstructed, were not as immediately real as these events in Gaza with the daily reports in real time from brave journalists in the Gaza combat zones for more than four months, enduring many deaths..

Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, which is a central obligation of the Genocide Convention, but more brazenly by openly facilitating the continuation of the genocidal onslaught. Israel’s frontline supporters have contributed weapons and munitions, as well as providing targeting intelligence and even assurances of active engagement by ground forces if requested, as well as providing diplomatic support at the U.N. and elsewhere throughout this crisis. 

    Liberal democracies failed not only by their refusal to make active efforts to prevent genocide, but more brazenly by openly facilitating continuation of the genocidal onslaught   

These performative elements that describe Israel’s recourse to genocide are undeniable, while the complicity crimes enabling Israel to continue with genocide remain indistinct, being situated in the shadowland of genocide. For instance, the complicity crimes are noted but remain on the periphery of South Africa’s laudable application to the International Court of Justice (ICJ) that includes a request for Provisional Measures crafted to stop the genocide pending a decision on the substance of the charges of genocide. The evidence of genocide is overwhelmingly documented in the 84-page South African submission, but the failure to address the organic link to the crimes of complicity is a weakness that could be reflected in what the court decides.

Even if the ICJ does impose these Provisional Measures, including ordering Israel to desist from further violence in Gaza, it may not achieve the desired result, at least not before the substantive decision is reached some three to five years from now. It seems unlikely that Israel will obey Provisional Measures. It has a record of consistently defying international law. It is likely that a favorable decision on these preliminary matters will give rise to a crisis of implementation.

The law is persuasively present, but the political will to enforce is lacking or even resistant, as here in certain parts of the Global West, and the ICJ lacks any independent enforcement authority. The UN leaves, as usual, implementation at the mercy of the veto-burdened Security Council..

The degree to which the U.S. has supplied weaponry with U.S. taxpayer money would be an important supplement to rethinking the U.S. relationship to Israel that is so important and which is underway among the American people—even in the Washington think tanks that the foreign policy elites fund and rely upon. Proposing an arms embargo would be accepted as a timely and appropriate initiative in many sectors of U.S. public opinion. I hope that such proposals may be brought before the General Assembly and perhaps the Security Council. Even if not formally endorsed, such initiatives would have considerable symbolic and possibly even substantive impacts on further delegitimizing Israel’s behavior and stimulating solidarity initiatives..

A third specific initiative worth carefully considering would be timely establishment of a People’s Tribunal on the Question of Genocide initiated by global persons of conscience. Such tribunals were established in relation to many issues that the formal governance structures failed to address in satisfactory ways. Important examples are the Russell Tribunal convened in 1965-66 to assess legal responsibilities of the U.S. in the Vietnam War and the Iraq War Tribunal of 2005 in response to the U.S. and U.K. attack and occupation of Iraq commencing in 2003.

Such a tribunal on Gaza could clarify and document what happened on and subsequently to October 7. By taking testimony of witnesses, it could provide an opportunity for the people of the world to speak and to feel represented in ways that governments and international procedures are unable to enact, given their request for Provisional Measures to stop the ongoing Gaza onslaught, it will increase Global South and civil society pressure on Israel and its supporter governments to comply. As Israel has refused to make even efforts to comply with the near unanimous Interim Order of the ICJ, it has escalated pro-Palestinian solidarity efforts throughout the world and cast Israel into the darkest regions of pariah statehood.

In such an atmosphere, nonviolent activism and pressure for the imposition of an arms embargo and trade boycotts as well as sports, culture, and touristic boycotts will become more viable policy options, and can be given symbolic and substantive reality within the private sector, even among individual consumers. This approach by way of civil society activism proved very effective in the Euro-American peace efforts during the Vietnam War and in the struggle against apartheid South Africa, and elsewhere.

Israel is becoming a pariah state due to its behavior and defiance exhibited toward legal and moral norms. It has made itself notorious by the outrageously forthright acknowledgement of genocidal intent of its highest leaders with respect to Palestinian civilians whom they are under a special obligation to protect as the occupying power.

Being a pariah country or rogue state makes Israel politically and economically vulnerable as never before. At this moment, a mobilized civil society can contribute to producing a new balance of forces in the world that has the potential to neutralize the sway of Western post-colonial imperial geopolitics that has dominated the global management of power since the end of the Cold War more than 30 years ago..

It is also relevant to take note of the startling fact that the anti-colonial wars of the last century were in the end won by the weaker side militarily. This is an important lesson, as is the realization that anti-colonial struggle does not end with the attainment of political independence. It needs to continue to achieve control of national security and economic resources as the recent wave of anti-French coups in former French colonies in sub-Saharan Central Africa illustrate. The most recent of these coups occurred in Niger about a year ago.

In the 21st century weapons alone rarely control political outcomes. The U.S. should have learned this decades ago in Vietnam, having controlled the battlefield and dominated the military dimensions of the war, and yet having failed to achieve control over its political outcome, and correctly perceived as having lost the war..

The U.S. is disabled by its internal political structure from learning the appropriate lessons from such defeats. Such learning would weaken the leverage of the military-industrial-government complex, including the private sector arms industry and the corporatized media. This would subvert the domestic balance in the U.S. and substantially discredit the global geopolitical role being played by the U.S. throughout the entire world.

So, it is. currently an anachronistic situation. Despite knowing what to do. yet well-entrenched special interests preclude rational adjustments, and the military malfunctions and accompanying geopolitical alignments persist, ignoring costly failures along the way.

In effect, experience suggests strongly what should be done, but the political clout does not exist to get the needed job done. Global public opinion is shifting, peace-minded coalitions are forming, and demonstrations globally are building opposition to continuing the war.

Iran

There is a huge U.S./Israel propaganda effort to tie Iran to everything that is regarded as anti-West or anti-Israeli. It has intensified during the Gaza crisis, starting with the October 7 attack by Iran’s supposed proxy Hamas. You notice even the most influential mainstream print media such as The New York Times routinely refers to what Hezbollah or the Houthis do as “Iran-backed.” Such actors are reduced misleadingly to being proxies of Iran. In contrast, references to Ukraine never make explicit the US or NATO backed and materially supported Kyiv government, which is so much more tangible than whatever involvement Iran seems to have with pro-Palestinian initiatives undertaken by non-state actors in the region.

This way of denying agency to pro-Palestinian actors and attributing behavior to Iran is a matter of Israel/US state propaganda trying to promote belligerent attitudes toward Iran to the effect that Iran is our major enemy in the region, while Israel is our loyal friend. At the same time, it suppresses the reality that If Iran is backing countries and political movements, it obscures what the U.S. is doing more overtly and multiple times over throughout the Middle East.

It is largely unknown what Iran has been doing in the region to protect its interests. Without doubt, Iran has strong sympathies with the Palestinian struggle, and is strongly in favor of minimizing US presence and influence.. Those sympathies coincide with its own political self interest, especially its national security, in not being attacked. Additionally, Iran has lots of problems arising from opposition forces within its own society.

But I think dangerous state propaganda is building up this war-mongering hostility toward Iran. It is highly misleading to regard Iran as the real enemy standing behind all anti-Israeli actions in the region. It is important to understand as accurately as possible the complexity and unknown elements present in this crisis situation that contains dangers of wider war in the region and beyond. As far as is publicly known, Iran has had an extremely limited degree of involvement in the direct shaping of the war and Israel’s all-out attack on the civilian population of Gaza.

Hamas and a Second Nakba

While I was special rapporteur for the U.N. on Israeli violations of human rights and international humanitarian law, I had the opportunity to meet and talk in detail with several of the Hamas leaders who are living in Doha and Cairo, as well as in Gaza. In the period between 2010 and 2014, Hamas was publicly and by back channels pushing for a 50-year cease-fire with Israel. It was conditioned on Israel carrying out the unanimous 1967 Security Council mandate in SC Res 242 to withdraw its forces to the pre-war boundaries of “the green line” established after the 1948 War. Hamas had also publicly sought a long-range cease-fire with Israel after its 2006 electoral victory in Gaza of up to 50 years.

Neither Israel nor the U.S. would respond to those diplomatic initiatives. Hamas leader Khalid Machal, the most intellectual of the Hamas leaders with whom I met, told me in some detail that he had personally warned Washington of the tragic consequences for civilians on both sides of the conflict, if it was allowed to go on without a long-term cease-fire sustained and accepted. Machal’s efforts were confirmed by non-Hamas independent sources, which also confirmed that this effort to prevent further violence met with no encouragement in either Tel Aviv or Washington.

entanglement with geopolitical hegemony in relation to international criminal law and structures of global governance.

The South African World Court Case, Pariah State, and Popular Mobilization

The South African initiative is important as a welcome effort to enlist international law and procedures for its assessment and authority in a context of severe alleged criminality. Since the ICJ, the highest tribunal on a supranational level, has responded favorably to South Africa’s highly reasonable and morally imperative

Where can Palestinians go as the population suffers from famine and continued bombing? What is Israel’s goal?

I see the so-called commitment to thinning the Palestinian presence in Gaza as leading deliberately to a functional second Nakba. This is a criminal policy. I don’t know that it has to have a formal name. It is not a policy designed to achieve anything but the decapitation of the Palestinian population, if not in whole, at least in part, explaining the ICJ concern about halting what leaves the strong impression of genocide. Israel is exerting incredible pressure t to move large numbers of Gazans to the Egyptian Sinai, and the Egyptian al-Sisi government has declared that it opposes an influx of Palestinian refugees, yet rumors suggest that elaborate efforts to overcome Egyptian resistance include large-scale debt relief and IMF loans..

This is not a policy. The Palestinians in the Occupied Territories are being confronted with a threat of elimination or replacement, which is a characteristic of every settler colonial project. The Israeli campaign after October 7 was not predominantly directed toward Hamas’ terrorism nearly as much as it was focused on the forced evacuation of the Palestinians from Gaza and intent on the related dispossession of most Palestinians from the West Bank, the real prize of this military campaign and the priority of the settler-oriented Netanyahu coalition government..

If Israel really wanted to deal with its security in an effective way, much more efficient and surgical methods would have been relied upon. There was no reason to treat the entire civilian population of Gaza indiscriminately as if it every Gazan was implicated in the Hamas attack, and there was certainly no justification for Israel’s genocidal response. The Israeli motivations seem more related to completing the Zionist Project than to restoring territorial security. All indications are that Israel used the October 7 attack as a pretext for a preexisting master plan to get rid of the Palestinians whose presence blocks the establishment of Greater Israel by finally obtaining sovereign control over the West Bank and at least portions of Gaza.

For a proper perspective we should remember that before October 7, the Netanyahu coalition government that took power at the start of 2023 was known as the most extreme government ever to govern the country since its establishment in 1948. The new Netanyahu government in Israel immediately gave a green light to settler violence in the Occupied West Bank and appointed overtly racist religious leaders to administer those parts of Palestine still occupied. What made it extreme, was its rejection of the pretense of a negotiated end to a struggle between the two peoples that purported to be based on co-existence rather than victory by the stronger side. The UN consensus, with almost universal support, presupposed Palestinian sovereign statehood while many Palestinian intellectuals and activists favored a single possibly confederated secular state guaranteeing ethnic and secular equality.

With the Gaza onslaught ambiguity was removed from Israel’s settler colonial end game , consisting of Israel claiming territorial sovereignty over the whole of the so-called promised land, enabling Greater Israel to come into existence as a Jewish supremacy state in accord with the forthright earlier Basis Law enacted in 2018 long before the Netanyahu coalition and the Hamas attack took place. What the Gaza operation since October is added is a resolve by Israel to defuse the so-called ‘demographic bomb’ by inducing Palestinian death and departure by mounting a sustained campaign of unrelenting state terror, with its heavy reputational costs exacted among the peoples of the world, including even in the long supportive Global West, where in the US and elsewhere pro-Palestinian sentiments become relevant to electoral outcomes scheduled to occur in 2024 and beyond.

The Need for a Different Context

We need to establish a different context than the one that exists now. That means a different outlook on the part of the Western governmental and NGO Jewish networks in the former colonial Europe and settler colonial white governments elsewhere steadfast supporters of Israel even now. This implies a different internal Israeli sense of their own values and security interests, and their own future development. The South African suggestive antecedent shows that it is only when sustained substantive pressure is brought to bear on national governing elites that have gone to these extreme lengths of relying on apartheid or genocide that startling transformative moves away from hegemony in the direction of constitutionally-based coexistence occur.

The lengths that the Israeli government has gone are characteristic of settler colonial states. All of them, including the U.S. and Canada, have acted violently to neutralize or exterminate the resident Indigenous people. That is what this genocidal interlude is all about. It is an effort to realize the goals of maximal versions of Zionism, which can only succeed by eliminating the Palestinians as rightful claimants to live in the coveted land, much less share in its governance. It should not be forgotten that in the weeks before the Hamas attack, including at the U.N., Prime Minister Benjamin Netanyahu was waving a map of “the new Middle East” that had erased the existence of Palestine.

Undoubtedly, one of Hamas’ motivations was to negate the view that Palestine had given up its right to self-determination, and that Palestine could be erased from political consciousness. Recall the old delusional pre-Balfour Zionist slogan: “A people without land for a land without people.” Such utterances of this early Zionist utopian phase literally erased the Palestinians who for generations lived in Palestine as an entitled Indigenous population, and anticipated what became a top priority political project. With the Balfour Declaration of 1917, this settler colonial vision was embodies in the governance of the Palestinians, enjoying the blessings of the leading European colonial powers and the liberal democracies that emerged after the indigenous people of the land no long presented a political obstacle to their replacement.

Given post-colonial realities, the Israeli project is historically discordant than earlier settler colonial undertakings, and hence more extreme. It exposes the reality of Israel’s policies and the inevitable resistance response to Israel as a self-proclaimed racially supremacist state. Israeli state propaganda and management of the public discourse long obscured this maximalist agenda of Zionism  and we are yet to know whether this was a deliberate tactic or just reflected the phases of Israel’s development and self-confidence.

This may turn out to be a moment of clarity with respect not only to Gaza, but to the overall prospects for sustainable peace and justice between these two embattled peoples that must reflect the exercise of rights of self-determination and achieve some version of constitutially equal coexistence..

Euro-Med Human Rights Monitor is a Geneva-based independent organization with regional offices across the MENA region and Europe

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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.

Genocide & Empire: Geopolitical & Geoeconomic Dimensions

24 Jan

Welcome, everyone. My name is Dr. Piers Robinson. I’m the research director for the International Center for 9/11 Justice. Today we are holding a symposium on geopolitics and the war on Palestine, titled Genocide and Empire.

Now, IC911, for those of you who aren’t familiar with this organization, is a nonprofit organization which has been set up in order to research and investigate issues surrounding 9/11—the 9/11 event. As you can see on the screen, we are engaged in a variety of activities, including public education—getting information out about what happened on 9/11 in a recent film, Peace, War and 9/11, on the late Graeme MacQueen, which people can view for free. 

We’re also engaged in activism—supporting, for example, the Campbell family in their quest to gain a new inquest into the death of Geoff Campbell on 9/11.

And we’re also involved in facilitating and encouraging research into 9/11-related issues.

And we have The Journal of 9/11 Studies, hosted at IC911.

Now, one of our remits is to understand 9/11 better, to educate people about what happened on 9/11, but also to look at the consequences of 9/11. And, obviously, 9/11 itself was a key initiating point for a series of regime-change wars in the international system—in the Middle East primarily.

And you can see there on the slide—just as a little reminder here of the relevance of 9/11 to what we’re seeing today in the Middle East, in Israel and Gaza—these are two documents produced by or released by the Chilcot Inquiry in the UK and the communications between Tony Blair and President George Bush.

At the top there you can see discussion about Syria and Iran and a discussion about when it is optimum to engage each of these countries militarily. The quote there is: Well, if we’re going to topple Sudan, if that’s our priority, then we better do that with Syria and Iran in favor or acquiescing, rather than hitting all three at once.

And what you see there, obviously, is a discussion about the regime-change wars, which we know were being planned prior to 9/11 and which are documented in the Chilcot Inquiry and from other people who’ve spoken out about that. This was the planning that was going on in the immediate aftermath of 9/11—within weeks of that.

You can see below there’s another truth quote from the same document: Tony Blair talking about the Middle East being set for catastrophe—again, immediately in the aftermath of 9/11.

And this really goes to highlight the importance of 9/11, I think, in terms of setting the scene for what we’re seeing now in the Middle East. The conflict and the violence and the potential for escalation we have at the moment is very much part of events which were set in a process, which were set in train, around 9/11.

So, this is highly relevant for us as an organization to be looking at. We want to look at 9/11. We want to look at the consequences and also help people understand events today through an understanding of 9/11.

And so, this is what we have today. Today we’ve brought together a fantastic lineup of experts to speak about the current situation between Palestine and Israel and the situation in the Middle East.

We have Professor Richard Falk, who is an expert on international legal matters. He was UN rapporteur for Palestine in the United Nations.

We will also have Atif Kubursi, who’s a professor of economics—an emeritus professor from McMaster University. [Atif] also worked in the United Nations. He’s going to be talking through some of the resource and economic components of the conflict we see in the Middle East.

We have Kevin Ryan, who is a board member of IC911. He’s a 9/11 whistleblower and currently editor of the Journal of 9/11 Studies. He’s going to be talking about structural deep events and state crimes against democracy.

We’re also going to have Dr. Aaron Good, who runs the American Exceptionpodcast. His thesis, his PhD, was on American Exception, Hegemony and the Tripartite State. And he’s going to be talking about understanding October 7 and the current situation in the Middle East, as it potentially is a deep state event.

And finally, we will have Vanessa Beeley, an independent journalist who has deep and rich expertise on the Middle East. She’ll be talking about the broader geopolitical picture and where things are going in the Middle East.

We will finish with a roundtable discussion.

Genocide and Self-Defense under International Law

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As a supplement, read Professor Falk’s latest interview: “Probing the Depths: Roots of Unspeakable Crimes in Gaza–Criminality and Complicity

Dr. Piers Robinson:

Now I shall turn straight to Professor Richard Falk, who is going to be talking to us about genocide and self-defense under international law. As I mentioned before, Richard is a renowned international expert, the rapporteur on the Palestine case for the United Nations, and he’s going to talk to us about the question of genocide, what we’re seeing at the moment, the question of self-defense, and where we’re going in terms of the International Court of Justice and the South African attempts.

So, Richard. . .

Professor Richard Falk:

Thank you, Piers. I’m very honored and pleased to be part of this panel, and I think it’s very crucial to link the genocidal events in Gaza—and in a sense in all of occupied Palestine—to the configurations of empire in the post-9/11, post-Cold War international environment. And not forgetting the Ukraine dimension while we focus on the Middle East.

The Hamas attack on October 7 is itself surrounded by suspicious circumstances of Israeli foreknowledge—and therefore allowing these horrific events to unfold and being very slow to respond to the actuality of the attack, and the quickness with which it converted a limited instance of Palestinian resistance under Hamas’ leadership into the pretext for launching this vengeful and genocidal onslaught on the civilian population of Gaza.

That’s a shocking sequence of events on its own. And then, when you consider the magnitude of the violence that’s been inflicted on Gaza and the population—the whole of the population—you have to understand that this is a horrific, transparent, and, in a way, original confrontation with the crime of crimes: genocide.

In the past, genocides have been known mainly in retrospect and indirectly. We have not had the experience unfolding before our eyes on nightly television. The imagery of bombing hospitals and refugee camps, of babies being buried in mass graves, is something grotesque that not only is occurring as a result of Israeli actions, but enjoys the complicity of important countries in what I would call the settler colonial states of the US, Canada, Australia, New Zealand, plus the main members of NATO, which include Germany, the UK, and France, who are also colonial powers. And so, this has to be seen as part of the post -colonial effort by the global white West to maintain hegemonic control over the whole world system.

If we look at the casualties and the damage that has been done in Gaza up to this point, in the three months that these horrendous events have unfolded, and multiply them proportionately to the population of a country like the United States, which has supported, materially and diplomatically, at every stage so far, the occurrence of such violence, we would multiply the death totals of over 20,000 by 175 to take proportional account of the relative populations. That’s a shocking total and [is] predominantly civilians, and seemingly having only a marginal connection with Israeli security.

If Israeli security was the dominant motive, they would do differently what might prevent some similar act of resistance to take place in the future. They would, first of all, correct the bureaucratic process that led to the so-called “security lapse.” That would probably be sufficient to reestablish their security. They would also try to accommodate the needs of the people of Gaza by lifting the fifteen-year-old blockade and make any acts of resistance seem less like a jail breakout than an isolated instance of violence.

When we look at the Genocide Convention itself, we see that both Israel and the United States and the leading NATO members and those settler colonial states are all parties to that convention, which was viewed as a key element in creating a kind of wall against a repetition of what happened in the Holocaust. And what we’ve seen, not only in Gaza now but elsewhere, in Rwanda, in Myanmar, is an inadequate capacity to implement the intention of the Genocide Convention to prevent its recurrence.

But what is clear is that the facts of bombing so indiscriminately and so persistently and disproportionately, in opposition to international humanitarian law, the civilian population of 2.3 million Gazans creates the factual foundation of the genocidal allegation. That factual allegation is reinforced by the statements of the highest Israeli leaders—Prime Minister Netanyahu, President Herzog, and Minister of Defense Yoav Galant.

All of them have articulated views about the total decimation and devastation of Gaza, the destruction of up to 80% of the housing in northern Gaza, which was part of a deliberate policy of forced evacuation with the evident intention of ethnic cleansing. In other words, all the evidence we have points to the fact that the October 7 Hamas attack served as a pretext for the completion of the Zionist project by the dispossession by Israelis of Palestinians living not only in Gaza, but [also] in the West Bank, which has experienced unrestricted settler violence in this period and has also suffered unusually severe casualties during this time.

So, what we have is a transparently evident instance of genocide that has been defended very weakly and without substantive argument as a case of self-defense. We know from international law that self-defense does not allow the state that claims it to engage in disproportionate and unlimited violence or to commit what would otherwise be crimes under the cover of claiming self-defense.

And, in this instance, the claim of self-defense is particularly weak, because Gaza and the West Bank are occupied territories under the administrative responsibility of Israel as the occupying power since 1967. Israel has not implemented the unanimous Security Council Resolution 242 back in 1967, which called upon it to withdraw to the ’67 borders, and instead has used that period to engage in unlawful territorial encroachments on the occupied territory of the West Bank through its extensive settlement network, which has 650,000 Israelis living there and is really the death warrant of any realistic hope that a two-state solution could be achieved in light of this kind of territorial ambitious expansionism.

So, it’s questionable under any circumstances that a claim of self-defense is appropriate in an occupied territory governed by the Fourth Geneva Convention, because, in effect, self-defense is only tactically available if the combatants are both in some sense political actors of an international status.

You cannot defend yourself against part of what you are administering within your own territory. You can make reasonable claims to establish security or to reestablish security. But, as I’ve suggested, Israel has not tried to do that.

As shocking as these genocidal crimes have been, I find as disturbing the complicity of these countries in the world that have held themselves before international public opinion as models of democracy, as champions of human rights, as supporters of the rule of law. For the United States to undermine its own reputation by supporting this sort of transparent genocide should be shocking to the peoples of the world—and has been, if one takes account of the popular demonstrations all over the world.

These acts of complicity go against the obligations of the Genocide Convention, which require parties to the convention, all of which encompass both Israel and the US as well as the members of NATO and the settler colonial states. All of them are expected, as a matter of law, to take what action is reasonably possible in order to prevent or disrupt the continuation of genocide. They are all perpetrating crimes as an accessory to genocide.

It is an act of shame that they have done little to distance themselves or to actively oppose the continuation of these developments and to use their leverage at the United Nations to disempower the Security Council that sought, by an overwhelming vote of 14-to-1, to establish a ceasefire weeks ago.

This is not only failing to prevent genocide, it’s a matter of facilitating genocide. That should be taken into our political imagination and our moral imagination when we think about accountability for the crimes that are being committed.

South Africa has recently initiated, under Article 3 of the Genocide Convention, its right as a party to the convention to call for the International Court of Justice to impose provisional measures of a character that would instruct Israel, as a matter of International Court of Justice authority, to immediately cease any kind of violent activity that is part of the crime that is being committed and would also consider whether Hamas should fall within the scope of such a crime.

This is a serious challenge both to the complicit countries to stand aside if the rulings that are expected in the coming weeks of the World Court do uphold the South African application that is calling for these immediate measures as a prelude to a decision on whether the allegation of genocide, which is contained in a 94-page document that goes through, in agonizing detail, the facts of genocide that have transpired in this period, starting with the day after October 7.

There is also the question of who will endorse this South African initiative. Turkey, so far, is the only NATO member that has endorsed it. Jordan and Malaysia have joined in that endorsement. And we notice that none of the European colonial powers and none of the settler colonial states have seen fit to uphold a judicial determination of whether action should be taken to prevent this genocide from going on.

So, what is presented to the world is a crisis of implementation and accountability. There’s no doubt that a crime of a high magnitude is being committed and indeed is virtually confessed to be committed, despite Israel’s record of defiance of international law throughout its occupation and its allegations that any criticism, wherever it emanates from, is an instance of antisemitism.

It called the International Criminal Court’s decision to investigate crimes by Israel alleged by Palestine subsequent to 2014, before these recent events—Prime Minister Netanyahu reacted by saying, “This is pure antisemitism,” as if the respected international institution is motivated by such base intentions.

Similarly, they’ve attacked the South African initiative as a blood libel against the Jewish people.

A blood libel was the kind of anti-Jewish allegation made in the early Christian period—that the Jews were guilty of murdering Christian babies. And it was genuine antisemitism of an extreme sort to make these false allegations.

But to contradict what we see before our eyes and call that a blood libel is itself something that suggests an unwillingness of Israel to accept any authority that challenges its policies, however unlawful and criminal.

And it has done that throughout the occupation. It has made life miserable for people like me, who acted as special rapporteurs that were expected to report as honestly as we could on violations of human rights associated with the Israeli occupation of the West Bank, East Jerusalem, and Gaza.

So, we have a situation where the prospects of implementing a favorable International Court of Justice decision against Israel will depend on the willingness of the Security Council to use its authority and to take the steps necessary to implement that decision.

And once again that will hinge on whether the permanent five members of the Security Council will either abstain or at least and thereby suspend their right of veto or actually vote in favor of implementing the findings and the orders of the International Court of Justice.

In the longer run, there seems to be a need for some kind of accountability procedure to address these crimes—both the crime of genocide as perpetrated by Israel and the crimes of complicity as led by the US and supported in various ways by the United Kingdom, France, and Germany.

So this is a crisis of not only conscience but of law and the protection of vulnerable people in a world that is beset by a variety of challenges, including the ongoing Ukraine War, and is seeking a new kind of managing the very power and security that doesn’t depend on the unipolar imperial authority that has been exercised by the United States since the end of the Cold War and the implosion of the Soviet Union. A new phase of international relations will emerge out of this crisis.

In bringing my remarks to a close, I would also say there’s a great danger that Israel will seek to widen the war in the region, because it will be cornered politically, which is beginning to be evident in some of the violence beyond the borders of Gaza itself.

And it’s cornered because it can neither prevail and convincingly declare some kind of victory that is credible nor can it afford to lose, given the investment it’s made in terms of its own law, the lives of Israeli soldiers and citizens, and the damage it’s done to its global reputation.

It’s no longer a legitimate state after this form of sustained behavior. It is condemned almost universally. The peoples of the governments that are condemning it are seeking to exert pressure for some sort of implementation. So, there is this moment of crisis and appeal to the peoples of the global West to rise in a way that exerts pressure on their own governments to take international law seriously, to promote, at this late toxic stage, justice for the Palestinian people.

Let me stop there.

Dr. Piers Robinson:

Thank you, Richard, for that forensic and unequivocal assessment of what is happening at the moment in relation to the question of genocide. We’ll also have many questions at the end in the panel discussion. It just strikes me that the weaponization of the term “antisemitism” I think is wearing thin given what we’re seeing in the Middle East at the moment.

That was a fantastic presentation. Before we turn to Atif Kubursi—for me to introduce him—I just want to send a quick reminder. People can ask questions for the panelists, and we will try to include some questions in the panel discussion at the end. And there’s an email link on the website showing where you can send the questions to. So please do feel free to send questions and we’ll try to field some of them at the end.

Oil, Canals and Trade Routes: Economic Factors Underlying the Ongoing Genocide

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As a supplement, read Professor Kubursi’s latest article: “This Genocide is also about Oil, Canals and Trade Routes

Dr. Piers Robinson:

Now, we turn to Professor Atif Kubursi, who is emeritus McMaster professor and an expert on economics.

We’ve had an extremely detailed and careful analysis of the legal situation, and Atif is going to talk to us about the economic underbelly of this conflict, trying to understand what we’re seeing at the moment in terms of questions of resources and so on.

To keep on time, I won’t go into too long an introduction to Atif. He’s a very renowned international expert in economics. As I said before, he’s worked in a United Nations capacity.

He has great expertise. We look forward to what you have to tell us now, Atif, about the economics of the situation.

Atif.

Professor Atif Kubursi:

Thank you very much, Piers, for your kind introduction. I’m delighted to be part of this distinguished panel here, and I see that my presentation is quite complimentary to what Professor Falk had presented.

The issue here is that the events that happened on October 7 and the justification and the reactions call into question some of these events in a way that asks why they happened—why did they happen the way they did. How a country that has such sophisticated, advanced technology and that is very concerned about security would allow something like this to happen. And for the reaction to take so long to come forward. And then the scale of the reaction and the onslaught—the incredible toll of the civilians—particularly children and women and all people. 

The issue, as Professor Falk mentioned, is part of the Zionist attempt to try, as much as possible, to complete, so to speak, the Greater Israel project and to expand and to grab more land. And then the declared objective is that we have to dismantle Hamas for the sake of the security of Israel and we have to liberate the hostages and we have to make sure that no future scale attempt of this sort would ever happen.

These are the declared objectives. But then, how would you explain this incredible carpet bombing, this huge reaction, this heavy toll, the likes of which we have never seen. Even Dresden did not suffer what Gaza has suffered. And the number of deaths and wounded. And the scale of transferring people from one side to the other is unbelievable.

But what’s more important are the undeclared objectives. What seems to be the case here is that there is an attempt to make Gaza unlivable. That there is really a way, in which Professor Mearsheimer, on December 12, has claimed that the objective here is to flatten, erase, destroy, make Gaza unlivable, transfer the population of Gaza, empty Gaza of its people.

But why would Israel seek this type of objective? The story here is that it’s only presented as if it’s part of that Greater Israel—the Zionist project that would not be completed until Israel is from the Euphrates to the Nile, as it has been expressed in many areas.

But the story is, there are a number of very credible and very substantive reasons that would make this project to be also in pursuit of the colonial economic advantages. I’m going to mention three major objectives and three major projects that would point out that Israel is seeking some economic gains here. The colonial advantage that has always been part of any colonial project is at play here.

The first and foremost objective is the control of gas in—where you see in the map—the Levant Basin. This Levant Basin is now home to about 122 trillion cubic feet of gas. And this is from the US Geological Survey. This has become extremely valuable, particularly in the aftermath of the destruction of Nord Stream 2 and the withdrawal of any supply coming from Russia in the aftermath of the Ukraine-Russian War.

And this area has also about 1.7 billion barrels of oil. It’s a shared resource. It’s shared between, as you can see, Egypt, Palestine, Lebanon, Syria, Cyprus. And in this respect, one would have expected that this shared resource would be one that would be managed collectively and in the interest of the collective number of countries that are riparian to this.

There are some very important characteristics about gas and oil and about energy that are really quite serious and fundamental. First and foremost, oil [and] gas as fossil fuels are nonrenewable, which means that any time you exploit them today you’re denying, forfeiting the right of future generations to exploit them.

The second, that because they are shared resources, it means, given that they are finite, nonrenewable, that if one party exploits this resource, less is available for the rest of us. And there is no question about it. This seems to be at play here, as I will show what happened with Israel exploiting the Meged oil fields in Area C in the West Bank.

And the other thing is that it’s a fugitive type of resource. Especially gas. It doesn’t stay in one place. The other thing: Being basically underwater, there is no guarantee that there is any consistency of the existence of the resource in terms of the political borders. It straddles all these borders, and they are shared things, in the sense that there was an agreement between Israel and Lebanon about the Karish and Qanaa. And many people felt that this was not really a very good agreement, because there is no way Lebanon, which would become able to produce and lift some of this gas and oil in five years’ time, would find anything. Because if these are really shared resources and Israel is using it now, by the time the Lebanese are able to lift, there would be probably nothing left. There’s no way you can prevent a party to use its only share.

The United States has the same similar situation in Oklahoma and Texas, where oil was found under the ground of many farmers and [other] parties. What they really found to be important—and this really was according to a great economist, Ronald Koz, who got Nobel Prize for it—is that you have to unitize. Unitize: By this we mean that no party is allowed to lift or to use this resource without the acquiescence and sharing with the rest.

And what would you do is you allow one party, on behalf of the collective, to exploit it in the most efficient way. Because if each one were to pierce a hole and lift it, it would dissipate the natural flow and become extremely expensive to do that. There would be basic, major reasons for conflict. Unitization would mean that it would be exploited on behalf of all. All the resources are now exploited by one party and representing everybody, and it would exploit it in the most efficient way. It would lift all the resource and sell it and put it in a kitty, in an escrow fund that would be divvied up among the different parties.

This is not what Israel is doing. Israel is trying to basically and fundamentally make sure that the Lebanese are not getting their fair share and making sure that Gaza is not getting any of its share.

And this is exactly what we see here. It is a situation in which Gaza . . . there are [see map] Marine 1 and Marine 2, and there is an incredible amount of gas, and it’s about only 20 nautical miles from Gaza. Also, in the Oslo II Accord, the Palestinians were given the right to exploit in their economic zone all the way, as you see in this picture, to the very end of that triangle. That should really be the amount that the Palestinians would use.

There were negotiations once it was discovered in 1999. The Ehud Baruch government tried to see that maybe there would be a way in which we could take this gas from the Palestinian wells and send it to Israel—to the Israeli electric company. And the contract was signed with the parties. At one time, Arafat took a group and there was a Lebanese group called CCC—the Consolidated Contractors Company—who invested money to build this pipeline. They would send it to Israel, and this would be put as part of the money that the Palestinian National Authority would use. 

Then Sharon came and said, “No way, we’re not going.” And there was a very evident group of Israeli companies that had lobbied the government, [paraphrasing], “You should not allow them to produce anything, because the money they’re going to get would be used to fund terrorism against us. No country should allow a pipeline of wealth that would be used against it.”

This was at the time where the Oslo Agreement was with the Palestinian National Authority, and they had already arrived at some arrangement. The story of the negotiations—they are detailed in my paper, and I can make it available for anybody to look at—suggests that Israel was trying basically, fundamentally, to deny the Palestinians any use of this resource, in much the same say it denied the Palestinians the use of their oil, which was in Area C of the West Bank. Many residents of the area near Meged said that houses were shaking and were damaged because Israel was literally drilling for oil, siphoning this oil that should really be legitimately used for the economic development of the Palestinians.     

And this is in contravention, as Dr. Falk has written and explained, that the occupier has no right to use the resources of the occupied people, only if it will be used to benefit the people under occupation. But here is Israel taking, siphoning all this oil for its own interest at the expense of the Palestinians’ ability to use this resource.

If this was not sufficient, there are other reasons, and these reasons are incredibly becoming now important and becoming very substantive.

At one time in the 1960s, the US had underwritten a project and got an American company to study the development of an alternative to the Suez Canal. At the time, Nasser had nationalized the Suez Canal and there were troubles from the French and British, who had attacked in 1956. But the story was that the Americans felt that there is no way they can live, accept, and feel comfortable about a very important canal such as the Suez Canal, to be in a way that would be totally outside the command and control and the full exercise of sovereignty of the Egyptians.

The Suez Canal is only 196 kilometers [in length], only 100 meters wide, 50 meters—sometimes less—deep, and allows only one-way traffic. If the traffic is going from south to north, from the Red Sea to the Mediterranean, then there would be no chance for ships to come from the Mediterranean through the Suez Canal to the Red Sea.   

And there was a big problem—the problem being that it needs dredging very often, because it’s in a sandy geological situation and any sandstorm will really fill it up. It needs to be dredged, and it’s becoming quite costly to do that. As you can remember, just a few months back, a very important ship ran aground, and it took days and weeks and big losses, estimated at 10 billion dollars, to clear the canal. 12% to 15% of the world trade goes through this canal. And about 30% of the total container traffic goes through this canal. A bit of the oil that comes from the Middle East, particularly from the Gulf of Saudi Arabia, from Kuwait, from Iran and other countries in the Gulf, goes through the canal as it goes to Europe. And it saves three weeks of travel. I mean the area from Mumbai in India—or take it to China—all the way to London is about 17,000 nautical miles if you go around Africa, but if you go through the canal, you will find that there is really a major saving in time. You will be saving around literally 4,000 nautical miles, which would be about literally three weeks, as I mentioned.

And this is really a major saving in terms of the cost of transporting all these products and energy from the Gulf or from India or from China or from Japan or anything that world trade would be in a very substantive way impacted in the course [inaudible]. Some people are really saying that now, with the Yemenis trying to interfere into the free flow of these commodities going through the canal, are basically and fundamentally imposing a very high cost for the rest of the world. Most people are saying that prices of oil that had dropped to a very low level, now below 70 dollars, may really start to rise—and rise in a significant way.

The Ben Gurion Canal that was conceived in the ’60s, then lay dormant, and then, all of a sudden, the Israelis now are saying, Look, we’re going to build this Ben Gurion Canal, and it’s going to be 200 meters wide, which would allow two-way traffic. It’s going to be deeper by about 10 to 15 and some people say another 50 meters deep, and this would allow much larger, the largest ships that are now unable . . . particularly for the Americans and the Imperial West to have a free flow of their aircraft carriers going through.

Now this is a situation where, if you really build it, which would completely compromise the ability of Egypt to take advantage of it, Egypt derives about 9.7 billion dollars a year, 2% of the Egyptian GDP, and this is not a small amount, and the absence of other alternative, important economic drivers, Egypt would be hurt in a very fundamental way. 

The story here is that, if you look at this map that I have, the original plan was to go from Eliat, which is on the Red Sea, all the way to Ashkelon. But it is still within the reach of weapons in Gaza. And the best and most efficient way you could get this canal would be to go to a straight line, which is the shortest distance, and this would have to go through Gaza.

To a great extent some people are saying, “Okay, what does it really do?” It would save about 40 to 50 kilometers in space. But more important, if you go through the Negev, you’re going through sand. If you go directly through Gaza, the geological structure of the canal would be primarily into a rocky area, which would save all this incredibly cost of dredging, which would be continuous and would allow also to have a wider canal, a deeper canal.

In this respect, there is really a very serious threat that would be presented by this canal. And this canal could really be the most optimal geologically and the shortest distance, which is a straight line, to go directly to the north and Gaza or even southern Gaza, but this would require emptying Gaza.

So, emptying Gaza has now two dimensions:

One, you prevent anybody from Gaza ever claiming gas that would now be totally exploited by Israel in a very serious situation where now gas has become three to four times more valuable than it was a few years back because of the incredible need. Europeans are all coming to Israel in a way they never really came [before] in the hope of laying claim to some of this to replace the gas that they have missed because of the destruction [of Nord Stream], which raises the question of who destroyed Nord Stream and who will benefit from this destruction.  

The other one is that this canal would become really optimal and would be a real substitute for the Suez Canal to the extent that it is in that rocky area that would allow two-way traffic that would be deep and would not be requiring all this dredging on a continuous basis.

If these two [dimensions] are not enough to empty Gaza and to explain why the Israelis have been very adamant about making Gaza unlivable, destroying all the housing infrastructure . . . I mean, one of the ministers has suggested that now when we finish, we should not allow the Gazans to get to a single commodity that would be required for reconstruction. We should make sure they cannot reconstruct, because what we really want is for them to leave. And it would be—this is the farce—a voluntary departure. Of course, they don’t have any homes. But, hey, when you control the borders, you control access to everything coming in. That is really the genocide that Professor Falk was talking about.

This is basically—the intent of the Israelis is to make Gaza an empty space, to make it unlivable, to make sure that people are driven out. They have already . . . the day before yesterday, Israeli delegations went to Rwanda and went to Chad trying to persuade these two countries to accept massive transfers of Palestinians to them, promising them money, promising them weapons, promising support in any shape or form that would allow these to accept this transfer.

The Israelis are still bent on emptying Gaza—emptying Gaza by destruction of the people continuously. Every day you see this violent onslaught of killing en masse—a huge number of children and women.

One would wonder if this attack of “self-defense” is to prevent future events from happening. There is no question this violence is sowing the seeds of future violence. The only one certain aspect about violence is, it breeds violence. What you do today is likely to come back at you in the future. History is rife with examples.

If these two projects are not sufficient reasons to explain why the Israelis—though they have not declared it—have continued to be adamant about occupying Gaza, emptying Gaza, erasing Gaza, making it unlivable so that it would become a very safe place for the Israelis, to prevent them from using their gas, to prevent them from obstructing the most efficient possible way to replace the Suez Canal, there is the third one that’s coming also.

[This third project] is also playing into the hands of the American Empire. The Americans are adamant about creating an alternative to the Silk Road. The Silk Road is a project that China has sponsored and has invested heavily in and has devoted literally billions if not trillions of dollars to create this route that would take it from China all the way to Europe and the Middle East and Africa in a way that will allow the Chinese to sell their goods and services unimpeded and in no way to be subject to any control of the seas.

Iran was also one of the hubs on this Silk Road that would go from China through Asia, Pakistan, and then Iran and then Syria. These are the countries that the United States does not want to get any benefit from. And they persuaded, in some sense they succeeded, but they [inaudible] some doubts about this, that there will be now a multimodal connection between India. It goes all the way to Dubai, from Dubai to Israel, Israel to Europe, bypassing Iran, bypassing Syria, bypassing Egypt, bypassing many of the Arab countries in this.

And why would the Israelis go on such an expensive one? It’s because it’s underwritten by the Americans. The Americans seem to completely have an open hand when it comes to Israel.

At one time, and if you think I’m exaggerating, our friend, Mr. Biden, said that investing 3.6 billion dollars — this is only the amount of money that’s given to the military — is a gilt-edged investment and is purely a good investment. Good in terms of what? Investment is cost. But then it’s really returns. What are the returns America is expecting? They’re basically funding and using Israel as a hegemonic power in the Middle East that would serve to suppress and to contain and to emasculate any possible group that might really work with the Russians or Chinese or any contending and contesting power.

This is part of the hegemonic exercise of the empire and unipolar world. And they find in Israel and the UAE a very willing partner. And some people said that this alternative to the Silk Road has worked in the past few weeks. There are now some concerns that UAE has been sending multiple trucks with fresh food and everything to Israel that goes from Dubai into Saudi Arabia and into Jordan and then into Israel.

The other parties have denied this, but to some extent, the Israelis have been very adamant that this is happening. And now we’re seeing that this route, this alternative, is not an imaginary one but that they are basically, fundamentally implementing it and taking the benefits that could come from it. 

What does this all mean? What it really means is that this war is definitely motivated by Zionist ideology and Zionist aims and designs. But that’s not mutually exclusive with some of the arguments I’m presenting. There are colonial economic and material advantages that Israel is seeking as a return on its investment in this war. And, in addition to eliminating any competition or action from the Palestinian people in Gaza, there would be returns. And these returns are very lucrative.

There is no question. The total value of the Levant Basin: The oil prices of 2019 were about 350 billion dollars. And if Israel prevents Lebanon — or makes it wait and they can siphon it and slant the drilling — and if they can prevent the Palestinians from exploiting their own natural resources and if the Israelis can use them and if they would get their hands on a very lucrative bundle here and the amounts that are some people really saying with the rise of the price of gas due to the Ukraine-Russian War that these values have risen more than three to four times and then the oil that you will get.

That’s not only energy sufficiency but creating Israel as a petro-state or a gas state with an empire and an important, lucrative investment that would return a huge amount of rents to the Israelis. And if this was not sufficient then add to it the alternative of the Suez Canal, and that may be about 10-to-20 billion dollars in terms of shipping fees and the control on being a major power that would connect the Red Sea to the Mediterranean.

And if these two are not sufficient, let’s go to the third one, which is the alternative to the Silk Road, undermining the capacity of the Chinese to supply routes all the way through Asia, to Europe, and to Africa. In a way, Israel has positioned itself by emptying Gaza as a major economic driver and hegemonic control over trade routes that would serve the empire.

I’ll stop there. Thank you.

Dr. Piers Robinson:

Thank you very much, Atif. Economic or resource analysis of what’s going on is so particularly essential because so much of the mainstream popular discussion of these conflicts is purely in terms of identity and so on, and the economics is always hidden from view, certainly for a large section of the public. So, I think that’s extremely useful.

Thank you, Atif, for that presentation.

Identifying Structural Deep Events and State Crimes Against Democracy in Real Time

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As a supplement, read Kevin Ryan’s latest article: “Puzzling Out the Pattern of State Crimes

Dr. Piers Robinson:

We’ve had a discussion, we’ve looked closely at legal issues, we’ve looked at the resource economic underbelly of the conflict, and we’re now going to move with Kevin Ryan into thinking a little bit more about some of the other hidden, deep state, deep event aspects of this—the question of deception, the question of instigation or exploitation of events, for various purposes.

Kevin is a whistleblower from the 9/11 event. He is a board member of International Center for 9/11 Justice, editor of the Journal of 9/11 Studies, and author of Another Nineteen, looking at suspects regarding 9/11.

He’s going to be talking to us for about 20 minutes, looking at, in a sense, some wider conceptual theoretical ideas about structural deep events, state crimes against democracy.

I’d like to welcome you and hand it over to you, Kevin.

Kevin Ryan:

I’m very grateful to be here among such distinguished company. And as Dr. Robinson said, I’m a member of the board of the International Center for 9/11 Justice that’s sponsoring the symposium along with UK Column. The International Center is dedicated to, among other things, establishing an accurate account of the crimes of September 11, 2001. We’re also committed to identifying and studying similar events. If anyone listening is not aware of the evidence that 9/11 was a deception, please go to our website, IC911.org, where you can find much information about that.

I’d like to begin the day, though, with a quote from a physicist. Paul Davies is a quantum theorist who said: “It’s a new perspective, not a new piece of information, that leads to intellectual revolutions.” Many of us have found that studying 9/11 and the crimes of 9/11 provides that sort of new perspective. But it’s not comfortable.

One way to describe part of this new view is that the oligarchy that rules us terrorizes us on occasion to facilitate its own objectives. And this leads to the questioning of every new narrative that we receive from the mainstream media and from government.

After 9/11, I began to question every terrorist act that occurred over a period of twenty years. For example, in 2015, I evaluated all of the terrorist acts across the world, including in France and Denmark and Australia and the United States. I found that there was a pattern to these terrorist acts that included the fact that the evidence for the official account was very weak and very convenient, that any other evidence that didn’t support the official account was ignored, [that] the suspects were of course dead immediately, and [that] there was an immediate attempt to associate them with Islam. There had been military or law enforcement exercises that mimicked the events, either coinciding with the events or preceding them, and, of course, there were very quick actions in response, without thorough investigation.

So, what I found is that 9/11 and the other terrorist events during the global war on terror fit this pattern. They’re called “false flag events,” which are acts committed with the intent of hiding the true culprits and blaming others.

Now, false flags are a subset of something called “state crimes against democracy,” which are a subset of what are called “deep events.” But I’ll generally call them “state crimes” in this talk. Or, as with 9/11, I might call them “global state crimes.” 

My question is: Can we detect a false flag, a state crime against democracy, or a deep event as it’s happening? It’s important for peace and security to do so, as well as for our own personal safety and liberty. We also don’t want to be part of the harm that’s being caused by any state crime.

And for these purposes, this is not just an academic exercise. But we do have to define the terms involved in order to detect state crimes. So, I’ll begin with state crimes against democracy, which was defined by Lance deHaven-Smith, a professor from Florida State University who coined the term. He said that they are concerted actions or inactions by government insiders, intended to manipulate democratic processes and undermine popular sovereignty.

Two things jump out to me in this definition. First of all, they can be actions or inactions. So, things that should have happened but did not happen can be state crimes. An example might be the fact that the Roosevelt Administration knew that the Pearl Harbor attack would occur before it did and allowed it to happen. So, inactions—not preventing that attack or preventing the people from being killed—are an example of a state crime against democracy.

And government insiders are involved, according to Professor deHaven-Smith. There’s a fine line between government insiders, government officials, and people who go through a revolving door. We’ll keep that in mind.

Professor deHaven-Smith listed about two dozen of these SCADs, or state crimes against democracy, in his writings and in his talks. For him, all of them were US-based. They included assassinations of public figures, like JFK and RFK and Martin Luther King. They included provocations to drive war, like 9/11. They also included election-related crimes.

One more thing Dr. deHaven-Smith did was, he categorized them into what he called highly confirmed SCADs, mid-level SCADs, or low-level SCADs.

He did categorize them as high-level confirmation of being a SCAD if there were confessions or documents of admission. So, documentation or confessions that stated they were, in fact, state crimes made them highly confirmed.

If they were circumstantial, but also included a cover-up, then he would potentially call them a mid-level confirmed SCAD. That would include, for him, both JFK and the 9/11 crimes.

But I think it’s important to note that we will not likely get confessions in a timely manner for the next state crime or the latest state crime. But my point is that it makes sense to maintain a skeptical view of any new narrative if the current perspective suggests it might be a state crime. A useful, practical perspective, or view, does not require nailing down every fact. It should be continually reevaluated, of course, as new evidence is obtained.   

One thing many of us have heard is that such perspectives are not within the limits of what’s called the spectrum of acceptable opinion. So, we have to be willing to withstand being smeared as a conspiracy theorist if we might consider such perspectives.

The “conspiracy theorist” term is used to deter others from investigating historic events. It implies that criminal conspiracies among the rich and powerful are impossible or absurd. It takes some imagination to buy into that usage.

Professor Peter Dale Scott defined “deep events” and “structural deep events.” He said a deep event is one of hidden or underappreciated relevance to deep politics. Now, deep politics is the business of deep states, and deep states are covert groups that seek to exercise control over governments or nations. Also, deep events are never presented clearly by the media. “Structural” means the event impacts the whole fabric of society. So, a “structural deep event” impacts all of society.   

I’ve noticed that many people can accept the idea of an American deep state—the US deep state. But some people cannot transfer that idea to other countries or to an international or a supranational deep state. Professor Scott was not one of those. He mentioned a number of times a supranational deep state in his writings and in his interviews. He mentioned several organizations that he felt were representative of an international or a supranational deep state, including the Council on Foreign Relations, Cercle Pinay, the Safari Club, and the Bank of Credit and Commerce International (BCCI).   

Professor Scott also identified common modalities of structural deep events. These included the instant identification of the designated culprits, the fact that the suspects had hidden intelligence backgrounds and that they were protected by intelligence agencies. This is all very true for the 9/11 crimes.

But one drawback to the deep event definition is that it’s a retrospective vision, meaning some of these modalities are not seen until years later. We can’t see, of course, what’s hidden or falsified, so we may not be able to call something a structural deep event yet at the same time still have enough perspective to see that it’s likely to be a state crime.

In 2020 I was working as the head of quality control for a gene therapy company, and our laboratories were experiencing what’s called “false positive results” for a test technique called RT-qPCR. This is a form of PCR. It’s a nucleotide testing for analytes such as viruses.

And so, it became interesting to me when I read that a Chinese journal of epidemiology had published a peer-reviewed paper saying that in China the testing for SARS-CoV-2, the virus that causes COVID-19, experienced 50% false positives. That’s quite a bit. It means that every other test that says somebody is infected with SARS-CoV-2 was false. Further confirmatory testing showed that they were not infected.

This led me to look into the test kit being manufactured for the US CDC. I noticed reports in the news that the state laboratories using this kit were experiencing a lot of false positives. So, I looked into the details of the reagents used in the kits—the nucleotide sequences and so forth—and found that they were unable to identify a unique coronavirus. The primers and probes were based on parts of the coronavirus which were highly conserved across different coronaviruses, of which there were already seven common coronaviruses, including the common cold. So, the kit was not testing for a unique coronavirus.

Coupled to this was the fact that there were policy changes in many places that led to the misattribution of death. Anyone who tested positive for SARS-CoV-2 and happened to die,

whether they died of heart disease or cancer or being in a motorcycle accident, COVID was listed if they tested positive for it. COVID was listed on their death certificate. This obviously inflated the numbers that people used.

There was also a redefinition of terms. The terms “pandemic” and later “vaccine” were redefined for the purposes of supporting this agenda that appeared to be being implemented. There were oppressive mandates like lockdowns and mandatory vaccinations and so forth implemented. And soon it became clear to me and many others that COVID was also a global state crime—not just an individual state crime, but a coordinated global state crime.

In September 2020, I gave a presentation on parallels between COVID crimes and 9/11 crimes, and I listed eleven features and outcomes that were shared among the COVID crimes and the 9/11 crimes.

  • I noted that there was media saturation of fear-based messaging.
  • There was insider trading in both instances.
  • There were exercises that preceded the events that mimicked what was going to happen, similar to the false flag terrorist exercises.
  • There was a failure to investigate the origins of the threat.
  • There was an abuse of science and a widespread censorship of dissent.
  • It was clear that the response would kill far more people than the original threat.
  • There were increased mechanisms of population control.
  • And, of course, there was a huge transfer of wealth and a centralization of power.

Both the 9/11 crimes and the COVID crimes shared these commonalities. And there was a similar formula for the terrorism events during the global war on terror.

So, my question is: Can we use a pattern like this to more quickly identify when a state crime is being committed?

We don’t need confessions before we can identify a state crime for our own purposes. What we also don’t need is to convince 100% of our fellow citizens, or even a majority. We need to be able to take measures in our own best interests—for example, rejecting narratives or sources of misinformation or declining oppressive state measures like experimental injections.

Let’s use the Hamas attack on October 7th as an example of a narrative that can be evaluated as a state crime as well.

I noticed that the Israeli ambassador to the UN called these attacks “Israel’s 9/11.” That raised my attention—I’m sure it did for many people—because that means something quite different to me.

But we can ask: Do these attacks match the pattern?

Was there fear-based messaging? I think that’s fair to say. And even more so, it was in the form of atrocity propaganda. You know, babies having their heads chopped off and people being dismembered and burned alive. All of these stories, it was found out recently, originated with the Netanyahu administration, and many, if not all, appeared to be false.

Were there rapid actions taken that facilitated a preexisting agenda? It’s fair to consider that, I think.

Did the response kill more people? Obviously, the response has killed twenty times more, as Professor Falk stated. This is genocidal in response.

Were there exercises beforehand? There were, in fact, exercises conducted by Hamas in July of 2020 that mimicked what would happen on October 7th. These exercises were monitored by Israeli intelligence. Some of them have said that the exercises reflected the attacks fairly well.

Was there insider trading? Recently, law professors at New York University and at Columbia University published a peer-reviewed article that indicated there was short-selling, a form of insider trading, on Israeli companies related to the October 7th events.

We could go on. Was there censorship? Population control? Transfer of wealth?

Professor Kubursi made several remarks related to transfer of wealth, natural resources, and land. The next two speakers will likely shed more light on the details.

Also note that Al Qaeda was a creation of US defense and intelligence agencies going back to Operation Cyclone in the 1970s. And, similarly, Hamas was at least in part created by Israel. So, there are some similarities there as well.

I would just say at this point our current perspective should include the possibility that the State of Israel was involved somehow in the crimes related to October 7th and that they could be considered state crimes.

In any case, we need to know when state crimes are being committed and we need to know as soon as possible, as they’re occurring, to avoid harming ourselves and others.

A pattern does exist for state crimes, maybe not the exact pattern that I’ve described. But whatever the pattern or the set of characteristics is, people need to understand it in order to move to more quickly and reliably evaluate future crises for deception.

If we want to maintain our lives and liberties, we must examine every new alleged crisis, using criteria based on a pattern reflective of the events we know were state crimes.

So, thank you for your attention. I’ll turn it over back over to Dr. Robinson at this time.

Dr. Piers Robinson:

Thank you very much, Kevin. It’s very interesting. Obviously, this question of structural deep events, the question of deception, and so on, is, in the same way as Atif’s presentation, looking at areas and processes that people don’t understand properly. In that case, the economics. In this case, the question of the deep state, the question of these elements of government which are hidden from view. And, really, this central idea that deception, especially with empires, is a central way in which they conduct themselves, how they exercise power—particularly for liberal empires, or empires that like to see themselves as liberal democracies. You have to mislead the public, ultimately, in order to do the necessary dark deeds of empire. So an absolutely essential research area.

Hegemonic Panic: October 7 as a Deep Event

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Dr. Piers Robinson:

Really picking up on this, we will now turn to Dr. Aaron Good, who is going to, I think, be looking at some of the questions and some of the evidence in more detail about deception, about instigation, exploitation, etc., in relation to October 7. Aaron is agreed to do this. As I said, he runs the American Exception podcast. He is also author of a fantastic book, which is based on his PhD, which I’m eagerly reading at the moment, I’m pleased to say. And Aaron’s going to talk to us for about 30 minutes on the issue of deep state and empire in relation to both October 7 and what’s going on at the moment, following that in the Middle East.

Aaron.

Dr. Aaron Good:

Thank you very much, Piers. I have called this “Hegemonic Panic.” And I have a lot here. Some of it is overlapping with Kevin, so I’ll try to skip through some of that, which is actually helpful, because I have more here than I can get through easily, but a lot of it is just data points.

We talk about deep events. These do come from the clandestine state. They’re events that are mysterious, and they seem to come from the covert action apparatus of the government and that we know we’ll never get to the bottom of them. We can ascertain that we are immersed in this because we see a pattern again, where something strange happens, it is politically impactful, it overlaps with at least practices and objectives and aims of the national security state—of imperialism, generally speaking. So, as Kevin was suggesting, we at least reason to suspect that something is a covert operation. If it’s aimed at the US population, it’s a state crime against democracy, and we can identify these.

Now this was deHaven-Smith’s and Scott’s definition of state crimes against democracy, which Kevin just discussed [see slide].    

My own academic work was in part based on trying to form a synthesis between Peter Dale Scott and Lance deHaven-Smith’s work, because I had befriended Lance and got to collaborate with him at a number of conferences and helped him with manuscripts and everything.

And his loss is really devastating for me personally. It was a great thing to be able to talk about these issues and try to work on them in a scholarly way. That was really what I dedicated my PhD to.

In terms of synthesizing these two perspectives, Peter Dale Scott conceded that the SCAD construct, or the idea of state crimes against democracy, was good but that it should be amended to say that it involves other elements that are subvert, that are submerged and not visible. So, it could be like a deep state crime against democracy, essentially. Lance himself said that what he had done with SCAD theory was still lacking a theory of the state or a role in any theorization on the role of economic elites, so corporate power. And so, I set about trying to address these things with my own dissertation, which eventually got published as American Exception: Empire and the Deep State, published by Skyhorse.

Now, there’s another academic here named Willem Bart de Lint. I have not been able to contact him, but it would be good to talk to him. He wrote this book Blurring Intelligence Crime: A Critical Forensics. And he talks about an “apex crime” [as] “a watershed event involving government in the support of a contested political and social order and its primary opponent as the obvious offender, which is then subject to a confirmation bias.”

We have examples of that in US history, where an apex crime takes place: the assassination of JFK. And who did it? The communists, okay? And then the more we learn about Oswald, it seems that he was pretending to be a communist on behalf of elements connected to the US government when he defected to the Soviet Union and when he was pretending to be a communist in New Orleans.

Later, notably, when a presidential candidate was going to reinvestigate the JFK assassination—that’s Robert Kennedy—he was killed. And the patsy, in this case, was Sirhan Sirhan, a Palestinian who could not have shot Robert Kennedy because Robert Kennedy was shot from point-blank range from behind, from right to left, at an upward angle. Sirhan was standing in front of him. The use of the Palestinian patsy is very significant. It’s no coincidence.

I’m just going to run through these [points]. I don’t have deep knowledge about them, but I noticed them myself, because I always think in terms of these patterns now when I see an event like this.

Kevin mentioned some of these—and I’m not going to go into detail about them, but there’s a lot of evidence that:

  • Israel knew about this plan quite a while ago and that such an attack would be hard to keep totally secret. So, people suspect they had foreknowledge.
  • People have documented suspicious insider trading—evidence that points to insider trading, which indicates foreknowledge as well.
  • The friendly fire aspect. How much of the death count of the Israeli civilians actually came from the Israeli military response, which is a very open question.
  • A related question is, was this not just friendly fire, but was it actual policy? Was it the Hannibal directive, wherein the Israeli military does not want Hamas—or Palestinian groups at all—to be able to have Israeli hostages, especially Israeli military hostages. They will kill them [the hostages] when they are fleeing rather than allow them to have [Israeli] hostages. So, was that the calculation made on the night of October 7—that they would rather them not have the hostages, and a high death count, they could just blame it on Hamas, and it will allow them to pursue a preexisting agenda.
  • A lot of false reports in the media of atrocities: the decapitated babies, etc., etc. A lot of propaganda and disinformation and it’s all slanted, typically in one direction.
  • The treatment of the hostages does not suggest that Hamas would have slaughtered all of these people and sexually tortured and mutilated people. The reports from the hostages are that they were treated very well. That doesn’t seem to make sense. Nor does it make sense that [Hamas] would commit those atrocities, given that hostage-taking has certain political objectives that we can discern and that would be undermined by wanton atrocities.
  • There’s the tricky problem of the fact that Hamas seems to be generally a creation of Israel—that they were backed and boosted by Israel. It’s not that the members of Hamas don’t have genuine, legitimate, deep-seated grievances towards Israel, but Israel seems to have created this group. There’s documentation of this. It’s been written about by mainstream people, such as Mehdi Hasan, who is as corporate and mainstream as it gets. But he has written that Hamas is useful as a foil for Israel, it’s a way to prevent the creation of a Palestinian state, it creates an unsympathetic actor, and it undermined the PLO. That was the thinking at the time.        
  • Additionally, we know that they wanted to expel the Palestinians beforehand. An Israeli official leaked a think tank paper that was commissioned by Israeli intelligence. It looked at different options to handle the Palestinian problem. But the one that they end up saying is good is Option C: evacuation of the civilian population from Gaza to Sinai.
  • There’s the longstanding opposition to Palestinian statehood. The fact that many people like Netanyahu are on the record saying, “Support Hamas, because that will keep a Palestinian state from forming” or “It’s been good that we have supported Hamas, it’s been good that we have done these things to keep a Palestinian state from being formed.” They are hellbent on this. They believe in the Greater Israel, which cannot but be created only with massive war crimes tantamount to genocide, which we are seeing now. 

Now, this issue of war and the deception that creates it, this is a recurring theme in imperialism, especially Western imperialism. It just happens again and again. There’s all these cliches about “the fog of war” and “the first casualty [of war] is truth” and all of this. Typically, these wars are fought because one side wants to fight a war, and typically they need a pretext as well.

So, I just want to run through some of these pretexts of modern Western imperialism. I’m going to focus on the US side—but others as well.

  • The Thornton Affair [1845]. This is how we were able to steal California from Mexico. This is the pretext used to launch the Mexican-American War—a very dubious war. Even Abraham Lincoln questioned it at the time, when he was a Whig congressman.
  • The assassination of Queen Min [1895]. This takes place in Korea. This was when the Japanese had adopted Western imperialist tactics. Basically, they’d become as vicious as us. They studied our industry and they studied our imperialism and they had what was something of an intelligence outfit: This Black Ocean group pretend to be Koreans and they kill the Queen of Korea. This is a colonial war. They’re trying to set up a colonial empire, just like the West.
  • The USS Maine, of course, gets blown up [1898]. This is infamous. It helps to fuel America’s desire to fight the Spanish-American War and get its first overseas colonies.
  • The assassination of Archduke Ferdinand sparks World War I [1914]. The Serbian group, Black Hand: People have suggested or found evidence that points to them being related to the British Empire. Was this some sort of pretext or event or a catalyst that was staged by the British? It’s quite possible, to me. I wouldn’t put anything past the British.
  • The Mukden incident in Manchuria [1931] is used by the Japanese imperialists—the fascists, basically, running Japan—to have an excuse to intervene more heavily in Manchuria.
  • The Reichstag Fire [1933] is infamous, of course. The Nazis used this to seize absolute control in Germany. It’s worth noting that at Nuremberg it was established that the Nazis had done this. And then, after the fact, because some of the people that were probably responsible for this were in the government, it was embarrassing. And so there was this new history contrived, wherein the communist patsy, Marinus van der Lubbe, had really set the fire himself. But Peter Dale Scott has a good dossier on this that he’s compiled over the years. It’s just not the case. Now notice Jacobin. This is a good example of how feckless the left is in the United States—the establishment left, the left that has any institutional support. The headline, “How the Nazis Exploited the Reichstag Fire to Launch a Reign of Terror.” Well, at Nuremberg, they found that the Nazis set the Reichstag Fire, but this is something that the left defers to authority. We have the most docile left in the United States. Whatever the state tells them is the truth: “OK, yes, sir.” 
  • The Gleiwitz incident in Germany [1939]. This is Germany with the Nazis, who had their own particular ethos, right? But even they need to have a false flag to be able to invade Poland, because you need a pretext. No matter how vicious you are, it seems you need at least an excuse to go to war. So, they had people dress up as people attacking the Germans, so the Germans could go into Poland. We know this pretty well.
  • Pearl Harbor [1941]. Of course, there’s no need to go into that. Foreknowledge: how much was there? That is the event that leads to US entry into the war, US victory in the war, dropping the bombs on Japan, and then the US becomes the global hegemon of the so-called free world.
  • The Gulf of Tonkin incident [1964]. A very dubious event, of course.
  • [Suharto’s US-backed coup in Indonesia, 1965]. A major, major massacre overseas, which I think is worth mentioning—because it involves a mass slaughter—is the massacre in 1965, which followed this bungled coup attempt. The more you look at the coup attempt—especially if you look at the work of Peter Dale Scott or Greg Poulgrain . . . Peter’s work in 1985, this paper, this essay in Pacific Affairs journal, which is Canadian. He couldn’t get it published in the American one; it was too sensitive. He found that the CIA and one of its backers with this Lockheed bribery scandal began shifting payments months before this strange coup that failed. Months before this happened, the CIA had shifted its funding—these bribes—[given] to a backer of Sukarno to [instead] a backer of Suharto, who would be used to basically depose Sukarno and afterwards murder half a million, one million, three million. We don’t even know how many people were tortured to death in Indonesia. I recommend watching Joshua Oppenheimer’s “The Act of Killing,” if you haven’t seen that documentary on this subject. But notice, again, Jacobin—the establishment lefty scholar that says here—Michael Vann is interviewed, and he says, “Some of the American-focused scholarship in a way denies Indonesian agency and underplays the Indonesian role in these events.” So, this is a trope among what passes for the left in the United States. With these covert actions and deception operations, they don’t want to accept that these things happen. And one of the excuses they use with a covert operation is, if you say that was a covert operation, then you’re taking away the agency of the Indonesian people. Somehow, it’s the nice thing to do—to say it wasn’t the CIA. I don’t understand how this logic takes root in the academy, but I think it has to do with the hegemony of the empire and how covert action is so delegitimizing. That’s why they make it covert. They want to say they’re not doing it because it’s usually something very sinister. So, this is something we’ve got to deal with. The academics are not going to help us, because they’re part of the establishment.
  • The Yom Kippur War in 1973 is a strange war when you stop and think about it because the two sides, the Saudis and the Israelis, were basically on the US side by that point more firmly. You had these gas shortages at the time—because of this war. And the price of oil explodes. This is a pretext for a massive increase of oil that people like Henry Kissinger had already been trying to orchestrate, according to no less an authority than the Saudi Minister of Oil at the time. He said the price increases were desired by Henry Kissinger. It does say that it shores up the dollar after [the] Vietnam [War] had brought down Bretton Woods.

Now, another aspect that we should look at in this chronology, which takes us up to the present day and which has made me rethink . . . all of these things have made me rethink the role of Israel in US foreign policy. George H. W. Bush in 1992 ran afoul of the Israel lobby. There’s an article on it in The Times of Israel. He lost 24% of his Jewish backing after confronting Israel over settlements—”a lesson that US leaders since have taken to heart.”

One of the most controversial moments is when he delayed Israel loan guarantees until it halted its settlement building in the West Bank and Gaza and entered into a peace conference [with the Palestinians], which would later become known as the Madrid Peace Conference.

This is George H. W. Bush saying: The US will cut off aid to you if you do not return to these negotiations for a Palestinian state. He was looking to solve the Palestinian problem and the Israel-Palestine crisis at the end of the Cold War, because he saw it as antithetical to US long-term interests in the region, just like Eisenhower did when he intervened in the Suez Canal crisis. There’s always been a balance that the US tried to strike for geopolitical reasons. And H. W. Bush is no hero or great humanitarian or anything, believe me. I’m totally aware of how sinister he is. And so this makes this all the more remarkable that this person, this nexus of the American deep state, the Yankee oil people, and then the Western cowboy military-industrial complex faction, he seemed to unite both of those. But he still had problems with this Israel contingency, and it may have contributed to—it may have been decisive in—having him lose his reelection. So, he made clear the cost. His case makes clear what happens to you, that if you fight all these pro-Israel groups, you could go down. He had a 70% approval rating, and then he ends up losing. It’s really remarkable.

Now, at the same time, we have this other big issue, which is the emergence of a move for multipolarity. This article is written in 2009.

[Technical difficulties. Dr. Good returns momentarily.]

Okay, I’m not sure what happened there, but what I want to talk about here is multipolarity and the way that this became a geopolitical issue, beginning in the early years after the Cold War.

This woman [Susan Turner] is writing about it here [in Asian Perspective, Vol. 33, No. 1, 2002, pp. 159-184] and you can see:

“Since the late 1990s, the concept of multipolarity has gained prominence around the globe. Russia and China [. . .] have included it or alluded to it in nearly all of their joint declarations, statements, and treaties dating from the mid-1990s to the present.”

So, what is the US response to this?

Well, I think that you can look at what the US is trying to do. They are using jihadis throughout the ’90s. So, after the Cold War ends, those networks that were used to defeat the Soviets in Afghanistan are repurposed and used all over the place in the 1990s. This is called McJihad. A political scientist [Benjamin R. Barber] tried to write about this in the ’90s. He wrote the book Jihad vs. McWorld, and it said: Oh, jihadis are reacting to Coca-Cola and McDonald’s, and they want to hold on to their old ways. What’s going to happen here?

Another author, whose name I don’t recall, wrote about this shortly afterwards and said: It seems the US is actually fueling this. This is actually McJihad. This is the West that creates its own villains and then it can either use them as shock troops somewhere or use them as an excuse to intervene somewhere.

So, this is important when you think of 9/11.

Additionally, in Israel at this time you have the “Clean Break” document: “A Clean Break: A New Strategy for Securing the Realm,” prepared by a think tank called The Institute for Advanced Strategic and Political Studies. It’s commissioned by a “Study Group on a New Israeli Strategy Toward 2000 . . . led by Richard Perle for Benjamin Netanyahu, then Prime Minister of Israel.” It included other Bush administration officials from the future, Douglas Feith and David Wurmser. This document said: “. . . removing Saddam Hussein from power in Iraq” is “an important Israeli strategic objective in its own right.”

So, we see that the people that were Bush administration officials for the Iraq War were making these arguments on behalf of Israel at the time—I mean, in the years leading up to this. At the same time, [you have] the more establishment forces in the United States—Zbigniew Brzezinski represents them. There’s a study commissioned by the Council on Foreign Relations, which is the Wall Street think tank that planned the US Empire in the first place. They commissioned him to write this book on US geopolitics after the Cold War. He calls it The Grand Chessboard, and he basically calls for controlling Eurasia and making sure that they prevent the rise of a counterhegemonic bloc, especially that would include Iran, China, and Russia. So, he’s talking about how we don’t want to have this.

This is a direct response to China and Russia saying: How about multipolarity? The US response is: How about we make sure multipolarity doesn’t happen. And that’s from Brzezinski, who is, generally speaking, if anything, a couple degrees to the left of the neocons. These are people dedicated to American domination über alles.   

The American neocon response to this situation is The Project for a New American Century, and they’re calling for full spectrum dominance over the world forever. They’re also saying that it’s going to be hard to get the US to commit to what needs to be done without a new Pearl Harbor. This study [“Rebuilding America’s Defenses: Strategy, Forces and Resources for a New Century”] comes out in 2000.

And then a new Pearl Harbor happens with 9/11 and the anthrax letters. In terms of being able to adjudicate these crimes, there’s cause for pessimism, as we probably all know. Because even if they get caught red-handed more or less, even if some part of the state does its job and they are allowed to investigate things properly and they find out it points back to the state, they’ll just contrive some other cover story.

The cover story for the anthrax letters after it was found that the anthrax was from a US laboratory was that, oh, it was just some random guy who just did this for some reason—pretended to be a Muslim because he had some weird crush on a cheerleader, or something like that. It was a very strange case. That was after they had another guy they tried to pin it on who fought that charge off. Very strange.  

The point is: The state will not investigate itself. If it’s an apex crime, if apex controls the investigation, we won’t get to the bottom of it. 

— Iraqi WMD [2002 onward]. We don’t need to say any more about that, probably.

— In 2007, this is, I think, important, and people have not remarked on this as much, the War on Terror stalls. Brzezinski goes in front of Congress and says [paraphrasing]: We need to be careful. There’s going to be some sort of terror attack, and it’ll be blamed on Iran, and it’ll be used to start a war that’ll be a disaster for the US and the whole [Middle East] region. 

— You also had John Kiriakou’s torture fiasco, his terrible journey, his whistleblowing on the issue of CIA torture, which may have been related to this, as a way to publicly chasten the Bush Administration and hold back the neocons.

So now, fast forward a couple of years, or right before—really months before—the Arab Spring. You have Zbigniew Brzezinski. He had been putting the brakes on the whole War on Terror, 9/11 Wars agenda. Then he speaks at, I think it’s a Chicago CFR meeting or dinner or something, and he says [paraphrasing], “There’s going to be a global awakening. The whole world is waking up to injustice. They’re all connected at the same time.”

I remember this at the time because [. . . around the same time] I saw Alex Jones [. . . and] he’s saying, “They’re going to try to wake you up. They’re cooking something up.” [. . . It] didn’t occur to me until later, but this was right before the Arab Spring. I think Brzezinski may have been kicking off the revival of this whole anti-counter-hegemonic campaign. [. . . It was] this whole way of trying to continue this agenda to make sure the US had control over Eurasia, because you get these Arab Spring wars.

And then it eventually comes out that the US had helped nurture some of these groups. It’s all very strange when you look at it in retrospect. It seems like it was really just the continuation of that whole agenda. The Arab Spring wars stall, as well, in part because of Russia, and interestingly, the naval base that would have given them access to the Mediterranean into Syria is in Ukraine, and you have the destabilization of Ukraine from a Russian perspective.

You have Victoria Nuland passing out poisonous cookies to kill protesters. Not really, she had them killed with snipers. But she did pass out cookies there, which was not quite a respectable thing for a diplomat to do to an opposition group like this, but that’s how it goes. The US hand in this was really obvious. It was a coup that put in a threat to Russia right on its doorstep.

You have Russiagate in the United States, which was a very strange event and made sure the US had a bellicose posture towards Russia at the time. It was a total distraction from the failure that led to Trump being elected. Instead, it was just a way to blame Russia. We don’t know where those emails came from, where the leaks came from. Some people think it was Seth Rich. That’s a strange murder case. The internet angle was also exaggerated. It was very strange. Those “Buff Bernie” memes were not really history-changing, in my opinion. So that was a hoax.   

We have COVID, which I’m not going to say much about, except that it came from US bioweapons research, apparently, and it had a major impact, and it seems to have been used either opportunistically or by design as a structural deep event.

Ukraine War is, of course, a huge disaster, along with the Nord Stream pipeline crimes, but you’re not really going to get to the bottom of them.

Al-Aqsa Flood, as we’ve talked about, and this Gaza genocide—these seem to be related also to all of those issues that Atif was talking about earlier, that are economic and geopolitical motives, but also the fact that US hegemony is really crumbling. And I think that Israel feels like its window of opportunity for a final solution with Palestine is running out, perhaps. So, they’re going farther than people would’ve thought they would’ve gone—farther than they’ve ever gone before—in terms of just slaughtering the people in Gaza.

I want to talk about SCAD versus deep events and ways academics can think about these and how useful they are. SCAD is useful as an academic or forensic heuristic. It’s a way to put these things into a certain category so you know what you’re looking at and you can talk about it. Deep events, or the way that Peter Dale Scott approaches these, might be more useful for making detached observations about things after the fact and gaining historical insights and then thinking about how you can apply these. So, these are very similar academic ideas.

Now, in terms of what we should do, in terms of thinking about justice, given the criminality that we see in the state when we study these things, Lance had a different idea than Peter. Lance basically thought: Hey, I’m a public administration person. You solve crimes and you “Hang the bastards.” Peter thought there could be a cultural revolution of the mind eventually and a Truth and Reconciliation process of some kind, eventually. But he thought that people really had to be prepared—or he thinks this now, increasingly, that people need to be prepared for this revolution before it can happen. He has some hope that civil society groups, along the lines of the Civil Rights movement, could be useful in this regard.

The synthesis of these two lines of thinking—well, I’ve tried to do that a little bit. The proximate root of the problem is that there’s no lawful sovereign over the domestic state and over the international system. Therefore, whenever we have these problems, these crimes we identify, we are reduced to hysterically shouting into the void and not having any way to have the rule of law apply, domestically or internationally.

But, as with every empire, these people are hanging themselves. I think nemesis really comes from outside. The non-West right now embodies humanity’s desire to be free from exploitation and domination. They’re really doing the heavy lifting to fight this despotism that we’re seeing. I think its ultimate embodiment is in Gaza right now. It seems to be the perfect encapsulation, in a horrific way, of so much that we have done for hundreds of years in the West. But we are not able to take power, so we can just post protest emojis and have Zoom conferences and try to raise awareness and raise consciousness.     

The good news is I do think this empire that’s been around for hundreds of years is now on its way out. And that is exciting, although it’s a little frightening because we don’t know what they have up their sleeves to try to hold on to power.

I have other slides here, but I don’t want to go any further than this.

So, I think I’ll leave it at that and say that really the problem is the despotism that’s at the top of the state and the fact that this continues over the international realm. There is no lawful sovereign, domestically and internationally. There’s no way to adjudicate disputes according to the rule of international law in any sort of fair way because of the US, by and large.

Dr. Piers Robinson:

Thank you, Aaron, for a fascinating discussion, rich and detailed.

Containing Escalation: How the Resistance axis is sabotaging US intent to escalate the conflict beyond Palestine

ge vanessa beeley
Dr. Piers Robinson:

We’re going to move now to our final talk for 20 minutes before we go to the panel discussion. And we have, last but by no means least, Vanessa Beeley, who’s going to talk about the current geopolitical situation. And I think a little bit, the sort of perspective of groups within the region, countries within the region as they resist empire and where she sees it as going at the moment.

Over to you, Vanessa.

Vanessa Beeley:

Thank you so much, Piers. I feel extremely privileged to be in such a good company. I’m going to cross over definitely with Aaron on the “Clean Break,” so I’ll skip over that a little bit, and I’ll probably complement what Atif and Richard were saying.

So, basically, what I’m going to look at is Washington and London’s long war against the Middle East or, rather, West Asia, the rise of BRICS, global South independence, the emergence of a neo-Pan-Arabism, and, of course, the multipolar world that has been mentioned by many people.    

Now, I’m going to start off with a direct quote from Robert F. Kennedy, Jr., which he gave during an interview—I think in the last month or so. And I think, for me, it encapsulates exactly what Israel represents to the US. It’s quite rare for any American politician to be quite so overt in their opinion.

I’ll start the quote:

“Israel is critical, and the reason it’s critical is because it is a bulwark for us in the Middle East. It is almost like having an aircraft carrier in the Middle East. It’s our oldest ally. It’s been our ally for 75 years. It’s been an incredible ally for us in terms of the technology exchange, and building the Iron Dome, which we have paid a lot for, has taught us enormously about how to defend ourselves against missile attacks. [Of] that military expenditure, 75% goes to US companies under the agreement, under the MOU. If you look at what’s happening in the Middle East now, the closest allies to Iran are Russia and China. Iran also controls all of Venezuela’s oil. Hezbollah is in Venezuela. They’ve propped up the Maduro regime, and so they control that oil supply.

“BRICS: Saudi Arabia is now joining BRICS, so those countries will control 90% of the oil in our world. If Israel disappears, [there will be a] vacuum in the Middle East. Israel is our ambassador, our beachhead, in the Middle East. It gives us ears and it gives us eyes in the Middle East. It gives us intelligence, the capacity to influence affairs in the Middle East. If Israel disappeared, Russia and China would be controlling the Middle East and would control 90% of the world’s oil supply, and that would be cataclysmic for US national security.”

Pretty much says it all right there. And so therefore that really shapes what I’m going to continue saying in the presentation. Basically, it’s about the reshaping of the Middle East, which has been an ongoing colonial project for more than a century, including the French-British Sykes-Picot partitioning of the territory—the British creation of the Zionist colonialist settler state after the Balfour Treaty in 1917, which facilitated the European settler land grab from Palestinians until the UN partitioning of Palestine in 1947 in favor of the Zionists. And then, of course, the 1948 Nakba—the ethnic cleansing of more than 750,000 Palestinians from their land with no right to return.

In 1996, as Aaron mentioned, there was the “Clean Break” doctrine—a new strategy for securing the realm. Now, interesting elements of that doctrine included working closely with Turkey and Jordan to contain, destabilize, and roll back some of its most dangerous threats, which included Syria.

Israel should seize the strategic initiative along the northern border by engaging Hezbollah, Syria, and Iran as the principal agents of aggression in Lebanon, according, of course, to Israel. Direct attack would be enabled on Syrian territory and against Syrian targets in Lebanon.

A move to contain Syria and to curtail its alleged weapons of mass destruction program. Plans included the removal of Saddam Hussein, as Aaron mentioned, to weaken Syria’s position in the region, and to strengthen Jordan as Israel’s ally.

As special consultant to US Presidents Nixon, Ford, and Reagan, Pat Buchanan, put it: “In the documents, in the strategy, Israel’s enemy remains Syria, but the road to Damascus runs through Baghdad.”

Then we have the map of the new Middle East. This map was prepared by Lieutenant-Colonel Ralph Peters and published in the Armed Forces Journal in June 2006, and it was made widely available to the public.

The term “New Middle East” was introduced to the world in June 2006 in Tel Aviv by US Secretary of State Condoleezza Rice, who was credited by the Western media for coining the term in replacement of the older and more imposing term, the “Greater Middle East.”

Renowned author and historian Mahdi Nazemroaya said, “This announcement was a confirmation of an Anglo-American-Israeli “military roadmap” in the Middle East. This project, which has been in the planning stages for several years, consists in creating an arc of instability, chaos, and violence extending from Lebanon, Palestine, and Syria to Iraq, the Persian Gulf, Iran, and the borders of NATO-garrisoned Afghanistan.”

An article in June 2023 in Jerusalem Post is headlined “Israel is well-positioned in the new Middle East.” Israel announced a massive success in defense exports—a record 12.5 billion with Abraham Accord countries accounting for nearly a quarter of those deals. Those countries at the time being include Egypt, Jordan, UAE, Bahrain, Sudan and Morocco, which is effectively a normalization of relations with Israel.

There’s also an important reference, which I think Atif mentioned, to the India-Middle East-Europe Economic Corridor—the IMEC—which is designed to compete with the Chinese Belt and Road Initiative. And we can see the map, which, as I said, links Mumbai through Dubai, Riyadh, Al-Haditha, Haifa, and into Europe through Piraeus in Athens, in Greece.

And then of course we have the infamous Oded Yinon Plan for Greater Israel, the Israel of Theodore Hertz in 1904 and of Rabbi Fischmann in 1947.

To a large degree we’ve entered a new stage in the 75-to-100-year Zionist plan for Palestine: appropriation of the entire territory and final ethnic cleansing of what appears to be all Palestinians from the West Bank and Gaza, resettlement in the Sinai in Egypt and elsewhere, as we heard also—I think from Atif.

In January 2023, Netanyahu said, “These are the basic lines of the national government headed by me, the Jewish people having exclusive and unquestionable right to all areas of the land of Israel. The government will promote and develop settlements in all parts of the land of Israel—in the Galilee, in the Negev, in the Jolan [Golan Heights], Judea, and Samaria.”

The Greater Israel Project is an integral part of US foreign policy, the New Middle East, to expand US unipolar supremacy through the fracturing and balkanization of the Middle East. It is supported by NATO and largely by Saudi Arabia.

In March 2023, Israel’s far-right finance minister, Bezalel Smotrich, caused regional uproar when he presented the map of Greater Israel at a conference in Paris, during which he also claimed, “There is no such thing as Palestinian people.” The map showed Jordan and the West Bank within Israel’s borders. The timing of the October 7th events in relation to the imminent normalization between Saudi Arabia and Israel is also important to note.

From Netanyahu’s perspective, this rapprochement was a means to increasing Israel’s foothold in the Middle East and confronting Iran. It would also have been a mortal wound for Palestinian justice and resistance movements.

Under Trump in 2017, Washington declared support of the Zionist illegal settlements, recognized Jerusalem as the capital of Israel and Israeli sovereignty over the Syrian Jolan territories unlawfully annexed in 1967. Under Biden, there has been some shift in the narrative—that Washington endorses the Israeli annexation of the entire Jordan River Valley and the illegal settlements gradually consuming the West Bank.

The Oded Yinon Plan operates on two essential premises. To survive, Israel must, first of all, become an imperial regional power, and, two, must effect the division of the whole area into small states by the dissolution of all existing Arab states. The Zionist strategy is that sectarian states would become incorporated into Israel’s sphere of influence and would provide Israel with regional and moral legitimation.

Very recently, Israeli Defense Minister Yoav Gallant made it very clear that Israel has no choice but to pursue victory in order to survive. He said, “The feeling that we will soon stop is incorrect. Without a clear victory, we will not be able to live in the Middle East.” So this has become effectively an existential battle for survival between the Palestinian people and Israel and in the larger picture in the region.

Netanyahu, of course, needs victory in order to ensure his personal political survival and to avoid prosecution for corruption.

Bearing all this in mind, we can better understand the reaction of the region to the events that began on October the 7th. It is fully understood by the countries of the resistance axis, which include Lebanon, Syria, Iraq, Iran, and Yemen, that the US and Israel are seeking escalation in order to achieve their goal of destabilization and balkanization of the enemy states—to protect, of course, as Kennedy describes, the military garrison, which is Israel in the Middle East.

So, I’m going to look now at the escalation and provocation by US and Israel since December 2023. Of course, it’s been ongoing since October the 7th, particularly in the northern occupied territories on the border with Lebanon, but also in multiple aggressions against Syria by Israel.

On December the 25th, the house of the Commander of the Iranian Revolutionary Guards in Syria, Brigadier-General Razi Mousavi, was targeted by Israel in the residential area of Sayeda Zeinab south of Damascus. It’s also a busy pilgrimage area for Shia Muslims and at that time, on Christmas Day, was packed with civilians. One of the longest-serving IRGC officers and a close friend of General Qasem Soleimani, assassinated in January 2020 under the Trump Administration, Mousavi was responsible for supporting the resistance front in Syria and the training of Palestinian resistance factions inside Syria.

Israel regularly targets Syrian Arab Army positions. We are actually expecting an attack tonight, so if you hear anything incoming, there’s nothing I can do about it if they do come in relatively close to me. And they have attacked artillery and air defense positions in Syria and targeted the civilian airports of Aleppo and Damascus multiple times in 2023 under the pretext of eliminating Iranian forces or influence inside Syria. It is a clear attempt to reduce Syrian defense and even offense capability in the event of escalation—rarely reported in Western media.

On the 2nd of January, targeting Beirut, the capital of Lebanon, Israel assassinated Hamas deputy leader Saleh al-Arouri, who was also instrumental in the creation of the Qassam Brigades, the military wing of Hamas. This was the first strike in Dahiyeh, in southern Beirut, since the 2006 War between Israel and Hezbollah.    

Now, before Christmas, the Zionist regime officials had been increasing the threats against Lebanon and Hezbollah. Netanyahu had threatened publicly to turn Beirut into Khan Younis, which is in the south of Gaza, if Hezbollah refused to withdraw north of the Litani River. Israel invoked UN Resolution 1701, which was introduced after the 2006 War to guarantee no weapons or militants south of the Litani River in the hope of bringing the US into conflict, which has failed. Hezbollah has always refused to withdraw from the south, and their long-range and short-range weapons are not clustered only in the south but throughout Lebanon. So, this is largely an exercise in escalating the conflict with Hezbollah.

After the strike in the capital city of Beirut, Secretary-General of Hezbollah Syed Hassan Nasrallah has vowed to retaliate to the point where sufficient deterrence is reinstated against further Israel attacks on Beirut.

Yesterday sixty-two missiles were fired at Meron air base in the northern occupied territory. Meron base is responsible for all air operations towards Syria, Lebanon, and the northern part of the eastern Mediterranean. It also constitutes the major center for electronic jamming operations in these zones and it’s believed to be the base that would’ve directed the strikes on al-Arouri in Beirut. This is considered to be only phase one of the retaliation by Hezbollah.

Lebanon itself has filed a complaint with the UN Security Council over the killing of al-Arouri, calling it the most dangerous phase of Israeli attacks on the country.

A local journalist writing for the Cradle Media, Hassan Illaik: “Tel Aviv’s assessment of a war with Lebanon is based on its reading that Hezbollah wishes to prevent a major confrontation at any cost. Not only is this calculus wrong, but it has also muddled Israeli minds to the point where this may itself lead to the outbreak of a destructive war between the two sides.”

Illaik also points out that we’ve had three stages so far of Zionist aggression against Gaza, but I would also say against West Bank.

Stage one is the obliteration of northern Gaza, which Atif has referred to, and the slower destruction of the West Bank.

Stage two is the occupation of strategic areas in southern Gaza, which is supposedly in the safe zone, where more than one million displaced Palestinians have been forced to gather in appalling conditions and still under Zionist bombardment.

The IOF [Israeli Occupation Forces] withdrawal from Gaza does not signal the end of the war on Gaza. Many regional analysts believe that reducing the pace of the ground war on Gaza is a prelude to an Israeli war on Lebanon. And we’re certainly seeing an escalation on the northern occupied Palestine front, where an estimated 230,000 Zionist settlers have been forced to flee the settlements on the border with Lebanon.

There’s a belief that Israel is implementing a US decision to push the war into a third phase before the end of January 2024.

This requires the war to be lowered in intensity to distract from the mass slaughter and brutal ethnic cleansing of civilians in Gaza and of course coincides with the case that’s being brought into the ICJ by South Africa.  

On the 3rd of January a terrorist attack was carried out in Tehran, in Iran, targeting civilians at the burial place of Qasem Soleimani on the fourth anniversary of his assassination.

More than 173 were injured and 84 killed in the attack. ISIS has officially taken responsibility, but as it’s well documented that the terrorist group is a proxy both of the US and an asset for Israel in the region to a large degree, it does raise the question as to whose hands were actually behind the attack.

Finally, on the 4th of January, the US targeted the deputy head of operations of the Popular Mobilisation Forces [also known as Popular Mobilisation Units], the PMU, in Baghdad. Mushtaq Taleb al-Saeedi was killed in the strike on PMU headquarters in eastern Baghdad. One other was killed in the attack and six injured in the drone strike.

The US claimed it was in retaliation for the Islamic resistance of Iraq’s attack on US military bases in Iraq and Syria. The bases in Syria, of course, are illegal under international law.

There have been 118 attacks by the Islamic resistance since October the 7th. So, in ten days, the US-Israeli alliance has struck targets in Damascus, Beirut, Baghdad, and Iran.

I’m just going to bring back the map of Syria. It’s a relatively old map—probably about a month old. But I just wanted to point out that Syria’s position in the resistance axis is particularly fragile. With the US triggering attacks by ISIS from the Al-Tanf base, which is in the southeastern section of Syria, these attacks have intensified since October the 7th, particularly against Syrian Arab Army positions in the central desert area of Syria. The northwestern area of Idlib is effectively under the control of armed groups dominated by Al Qaeda, who have also intensified their attacks on civilian areas of northern Hama, but also against Syrian Arab Army positions in northern Latakia and western Aleppo. All of these attacks, again, have increased since October the 7th.   

What Syria has done is to open up its territory to Palestinian resistance factions and to the Islamic resistance to carry out attacks against US or Israeli targets—Israeli targets predominantly, of course, in the occupied Jolan territories.

And it’s worth noting that Russia is increasing its observation posts on the border with the occupied Jolan territories.

It’s also worth noting that the emergency Arab League summit that was called very early on into the Israeli aggression against Gaza—the proposal that was put forward by Syria, Yemen, Palestine, Algeria, Tunisia, Lebanon, Iraq, Kuwait, Libya, Oman, and Qatar was vetoed by Saudi Arabia, Egypt, and Jordan. The primary elements of that proposal were:

(1) preventing the use of American and other military bases in Arab countries to supply Israel with weapons and ammunition,

(2) freezing Arab diplomatic economic security and military relations with Israel,

(3) threatening to use oil and Arab economic capabilities to pressure to stop the aggression for preventing Israeli civil aviation from flying in Arab airspace.

So, that very strong proposal was effectively vetoed and watered down by the countries that have [normalized] or are on the verge of normalization with Israel.

Finally, I want to come to Yemen, where there is also an area of increased tension, bringing the US alliance closer to conflict with Iran and closer to confrontation with Yemeni forces, or Ansarullah, a coalition resistance movement and the de facto government of Yemen, often described in Western media rather euphemistically as the Houthis.

What I describe as “the coalition of the unwilling” put out a joint statement. The coalition now consists of the US, Australia, Bahrain, Belgium, Canada, Denmark, Germany, Italy, Japan, Netherlands, New Zealand, Republic of Korea, Singapore, and, of course, the UK.

In the wording of part of their statement, they made it very clear what their priority actually is here. It’s [concern over] the loss of 15% of global seaborne trade, which passes through the Red Sea, including 8% of global grain trade, 12% of seaborne-traded oil, and 8% of the world’s liquefied natural gas trade. International shipping companies continue to reroute their vessels around the Cape of Good Hope, adding significant costs and weeks of delayed delivery of goods, and ultimately jeopardizing the movement of critical food, fuel, and humanitarian assistance throughout the world. 15% of world trade passes through the Suez Canal.

The Africa route around the Cape of Good Hope is 60% more expensive, according to some analysts, and two weeks longer or three weeks, as Atif mentioned. The inevitable knock-on effect will be an increase in energy prices, already hiked as a result of the NATO proxy war in Ukraine. And there’s also predicted to be a shortage in energy and grain supply.

The northern sea route, of course, is controlled by Russia, which currently is effectively at war with NATO and the EU in Ukraine.

As with Ukraine, the impact will be greatest on the EU. As a result, EU Commission Foreign Minister Josep Borrell has been trying to negotiate a settlement with Hezbollah to prevent escalation with Israel, to no avail, as Hezbollah is not prepared to withdraw north of the Litani River to comply with Israel’s demands.

From the Yemeni standpoint, as millions poured onto the streets of the capital of Sanaa to protest the genocide in Gaza, they are effectively fulfilling their responsibility under Article 1 of the Genocide Convention, which again, Richard mentioned—which is the obligation to prevent genocide, and even to punish genocide to some degree. The blockade of occupied Palestine-bound ships in the Red Sea will end when the genocide or campaign against Palestinian ends and the siege is lifted on Gaza.

Now, the map that I’m showing here shows the conglomeration of the coalition ships, the US ships, the Iranian warships that are now entering—even Chinese ships. And I think here is where I would identify—and a few people have agreed with me—there is a potential for a false flag, the potential of seeing an event which might facilitate some kind of escalation, particularly against Yemen and potentially, of course, against Iran, which is seen very much as being the backer of the Ansarullah activities.

All members of the resistance axis are responding to extreme provocation with restraint in order to draw Israeli deeper into the quagmire of a failed ground war in Gaza and the multiple-front war currently being waged without overt US involvement. Of course, they are providing the bombs: 65,000 tons of explosives to date have been dropped on Gaza. They are helping with logistics and with funding. Delta forces have been identified as operating alongside the IOF. And, of course, they’ve given a tacit green light for Israel’s criminal military adventurism and genocide in Palestine, while actively involved in the targeting of resistance commandos and the triggering of proxies, including ISIS and Iraq in Syria and the increase of their own military footprint in Israel—particularly in the Negev Desert, in Iraq, and in Syria.      

Lebanon-based journalist Sharmine Narwani has recently written about the fact that Arab perceptions have shifted dramatically over Israel’s war on Gaza, with popular sentiment gravitating to those states and actors perceived to be actively supporting Palestinian goals and away from those who are perceived to support Israel. 

She says:

“But if the confrontation between the two axes escalates, Arab perceptions will almost certainly continue to tilt away from the old hegemons towards those who are willing to resist this assault on the region.

“There will be no relief for Washington and its allies as the war expands. The more they work to defeat Hamas and destroy Gaza, the more they lob missiles at Yemen, Iraq, and Syria and besiege the resistance axis, the more likely Arab populations are to shrug off the Sunni versus Shia, Iran versus Arab, secular versus Islamist narratives that have kept the region divided and at odds for decades . . .”

— which is where I come back to this emergence of a neo-Pan-Arabism we’ve seen in the last twelve months.

She also says:

“The swell of support that is mobilizing due to a righteous confrontation against the region’s biggest oppressors is unstoppable. Western decline is now a given in the region, but Western discourse has been the first casualty of this war.”

I will end there with some positive news, I hope.

Dr. Piers Robinson:

Thank you, Vanessa, for that fascinating overview of what is happening—well, not really an overview. There’s a lot of detail in there. Clearly, we’re at a very, very dangerous juncture at this point in time, which we’ll possibly come back to.

South African ICJ Initiative, Gaza Atrocities, and the Ceasefire Imperative

20 Jan

[Prefatory Note: The post below is a much modified set of responses to questions posed by Mohamed Elmenshawy a journalist working at Al Jazeera Arabic from Washington  (1/10/2024).

1. How should we interpret the South Africa allegation that Israel’s military operations in Gaza violate the country’s obligations under the United Nations Genocide Convention and that its actions constitute genocide?

Israel’s military operations have lasted more than three months, but from almost their very outset objective observers felt confronted by ‘a text book case’ of genocide as the military onslaught was systematically and openly aimed at making Gaza uninhabitable and inflicting severe suffering on innocent civilians in flagrant violation of basic rules of international law. Such a military campaign was proclaimed in these extremist terms by Israel’s top political and military leaders and consistently exhibited in practice by the sadistic tactics relied upon by Israel’s armed forces. Disregarding official language that called for turning Gaza into ‘a parking lot’ or ‘emptying Gaza of all Palestinians’ or posing a choice of ‘leave or die’ disclose a stunning defiance of the criminal prohibition against the crime of genocide. Israel overlooks the fact that it was a party to the Genocide Convention, which pledged respect for this unconditional limitation on state behavior, meaning that neither self-defense nor anti-terrorism could provide a legally credible basis for Israel’s behavior toward Gaza since October 7. In addition, Israel twists the facts and evidence as in its presentation to ICJ, by contending that the Hamas attack was the real occasion of genocide and that it is Israel that is defending itself against a genocidal adversary.


2.      What happens if South Africa wins at the ICJ?

We cannot know how Israel and the United States, and other countries would respond, but we can offer an informed opinion that draws on Israeli allegations against South Africa, insisting that the mere bringing of a legal dispute alleging the reality of genocide in Gaza amounts to a blood libel against the Jewish people, and in the more guarded secular language of the US State Department that the South African initiative is ‘meritless’ as it lacks an acceptable legal basis in fact. The US is likely if necessary to use its veto power in the Security Council and disregard any General Assembly resolution that called for compliance with whatever Provisional Measures the ICJ decrees, as it is authorized to do under Article 41(1) of the Statute governing its operations.

If this anticipated sequence of evasive or defiant non-compliance occurs, it will likely lead to large and sustained protests throughout the world, including in the North American and former European countries that have lent Israel varying degrees of support and initially gave their full-throated  approval to Israel’s response to the October 7th Hamas attack. The rising opposition to Israeli behavior in Gaza is posing serious destabilization threats of adverse political consequences in some countries, typified by the widespread labeling of Israel as ‘a pariah state’ in some settings, and to a dramatic escalation in the nature and militancy of global solidarity initiatives throughout the world including recourse to sports and cultural boycotts, and calls for an arms embargo and international sanctions. This civil society activism has the potential leverage to transform the discursive approach to the underlying conflict of many governments in the Global South and possibly in Israel and its governmental supporters. This happened to the surprise of many in South Africa, although under very different circumstances.


3.      What happens if South Africa loses at the ICJ?

Israel would undoubtedly gloat, celebrating a lawfare victory, and demeaning critics of Israel’s tactics in its Operation Swords of Iron as hysterical antisemites. It would also lead Israel and the US to feel vindicated by the refusal to follow the global majority favoring an early ceasefire.

Those supporting the South African initiative would likely react with a mixture of perplexing confusion and outright anger at this disappointing outcome at the ICJ. How could the highest court in the world look at such overwhelming evidence so well presented to the Court by the South African legal team, and decide perversely and unprofessionally. Assuming even a split reaction to a majority decision in which the Global West stood behind Israel and rejecting the views of those adopting the perspectives of the Global South, the Court’s stature as a legal tribunal deserving the utmost respect of UN member states would be drastically reduced, temporarily at least.

There is a middle ground based on a highly technical and legalistic jurisdictional argument put forward by Israel at the ICJ hearings to the effect that any action by the Court would be ‘premature’ as there was a failure to establish that a ‘legal dispute’ between the parties existed prior to when the application to the Court was submitted. This argument was refuted by the South African team at the ICJ January hearings, but it could relieve the Court, or some of its judges, of the duty to resolve the awkward dilemma at the core of South Africa’s request for Provisional Measures, which pits legal propriety against political expediency.

In some respects, the most significant result of a negative decision or even a technical evasion would be widespread disappointment producing a probable reaction in world public opinion to the effect that the World Court is out of touch with the flow of history, and in light of this, a dramatic increase in global solidarity initiatives along BDS lines will occur exhibiting surging transnational activism. The growing belief that only civil society activism has any prospect of terminating this terrible humanitarian ca such as has been unfolding in Gaza this in which the primacy of geopolitics disregards law and morality when strategic interests are at stake.

In a sense, whether South Africa’s request that the Court issue Provisional Measures to stop the genocide succeeds or fails might not make a big immediate difference as to the substantive impact of its decision. If the Court grants the South African request Israel will almost certainly refuse to comply which will produce civil society anger and coercive actions in response to Israel’s non-compliance. Whereas if the request is rejected, an angry populist response would also escalate civil society engagement and add to present hostility toward Israel in many parts of the world. In the latter case some of the frustration would be directed at ICJ as a flawed or politicized institution, whereas if its positive decision is ignored, most of the frustration would be expressed as anger toward Israel and the US. In other words, win or lose, the implementation of the norms of the Genocide Convention are subject to formal nullification by what has afflicted the whole UN system when it comes to enforcement—the primacy of geopolitics in determining the presence or absence of a sufficient political will on the part of actors with requisite capabilities to achieve enforcement of authoritative judicial decisions. The prospect of geopolitical obstruction in response to the South African initiative dooms orderly compliance in the event that the ICJ grants the request for Provisional Measures to stop Israeli violence until a decision of the merits is forthcoming on the allegation of the crime of genocide.

4.      Benjamin Netanyahu claimed that the Israeli military is the “most moral army in the world”, Do you agree with him? why?

This was never more than a highly inflated claim made by Israel’s formidable hasbara, or simply. the message transmitted by its state propaganda machine and repeated throughout the Global West by Israel support groups. The Goldstone Report of a UN Human Rights Council fact-finding mission undertaken after the 2008-09 massive land/sea/air attack on the essentially helpless people of Gaza contains hard evidence of a series of war crimes relating to Israel’s tactics and weapons. It should be appreciated that Israel has a special obligation in Gaza to protect the civilian population, accentuated by its status as the Occupying Power, and hence subject to the legal constraints contained in the 4th Geneva Convention governing Belligerent Occupation. It should be remembered that years before the current encounter, even conservative international visitors, for example, David Cameron, referred to Gaza as ‘the largest open air prison in the world.” It is hardly surprising that individuals driven from their homes and homeland decades ago, then denied a right of return, and finally permanently  ‘imprisoned’ for no crime where they kept on what a prominent government advisor called ‘a subsistence diet,’ would at some point risk everything to achieve a jail break, what Norman Finkelstein termed ‘a slave revolt.’ From a legal and moral point of view, to the extent validated by independent sources, the Hamas attack on October 7 included war crimes, and unlawful hostage-taking, and should be repudiated, although part of a legitimate act of resistance against prolonged oppressive occupation.

Looked at less legalistically and more strategically, Israel has since 1967 used Gaza as a valuable experimental combat area where it could demonstrate the efficiency of its counter-terrorism capabilities a warning to its enemies and as a sales pitch to other governments helpful in winning customers for its robust arms industry, including in relation to innovations in tactics, weaponry, and training. It also wanted to show hostile countries in its neighborhood that it would retaliate against provocations with disproportionate force. It formulated such an approach in the Dahiya Doctrine back in the early 1980s, a mode of thinking that justified the destruction of a poor neighborhood in south Beirut that was known to be a Hezbollah stronghold enjoyed populist support. It is this Dahiya Doctrine, in a geometrically magnified form, that underlies the security justification for Israel’s horrifying response to the attack of October 7th, and to the extent that Israel response is deemed by a growing number of observers as an instance of genocide making a mockery of attempts to continuing to portray Israeli armed forces as ‘the most moral in the world.’ Morality does not mix well with official assertions from political leaders and military commanders that the Palestinians as a people are sub-human and deserve to be treated as such. The whole international movement to protect human rights rests on the foundation of human equality, and the universality of the legal entitlement to human dignity.  

5.    How does the war on Gaze affect the respect and prestige of International Law?

The short-term, yet insufficient, answer will be greatly influenced by how the ICJ handles the South African request for Provisional Measures, and whether the states of the world, particularly Israel and the UN, exhibit defiance or respect for the outcome. Also relevant is the degree to which civil society is favorably impressed by the ICJ response to the South African request, including its prompt delivery. A positive result will have some redeeming effects on street-level perceptions of international law around the world, and act persuasively to support the view that even when states refuse compliance and the UN is helpless to act, international law can be useful for advocates of justice through legality.

If we broaden the optic beyond the legal assessment of the violence of Israel’s campaign in Gaza, it becomes obvious that Israel has long openly violated international humanitarian law during its period of Gaza occupation that started with its victory in the 1967 War. Among many unlawful policies, Israel can be charged with during this period when it had the added obligations associated with being the Occupying Power in relation to Occupied Palestine, the most blatant are collective punishment, establishment of Jewish settlements in occupied territory, claims of sovereignty over the entire city of Jerusalem, appropriation of water and other resources in the West Bank, failure to withdraw from territories occupied during the 1967 War or to fulfill in good faith the primary duties as specified in the 4th Geneva Convention to protect the Palestinian people subject to its administrative authority as the Occupying Power. Israel also refused to heed the near unanimous ICJ Advisory Opinion of 2004 challenging the construction of a separation wall on occupied Palestinian territory. In general, Israel has defied international law whenever compliance would seriously interfere with its national policies and strategic priorities as pertaining to the Palestinian people. At the same time Israel invokes international law whenever it could be used to justify its actions or complain about Palestinian resistance. Its pathetic lines of argument January 11th ICJ Hearings on the South Africa initiative sought to invert the facts and evidence by casting itself in the role of the victim of Hamas genocide rather than its perpetrator.

By such manipulations, International Law is reduced to brazen lawfare, that is, International Law becomes a policy instrument in the toolkit tool of partisan national behavior, essentially a mode of propaganda to bolster self-serving legal arguments upholding national claims and denunciation of behavior by adversaries. This kind of manipulation undermines the ideals of law as constituting a set of constraints that rest on the formal authority to regulate the behavior of all sovereign states in ways that achieve mutual benefits by way of peace and justice. This kind of legal framework for action is what the UN Charter ambiguously offered the world in 1945. The geopolitical tensions of ensuing years made the UN generally helpless to implement these central war prevention goals, and often marginalized the UN in war/peace contexts.

6.      Israel is not a member state of the International Criminal Court? Could its leader be persecuted under its jurisdiction?

In theory, the ICC has jurisdiction to prosecute a leader of a sovereign state if the alleged international crime was committed within the territory of a party to the Rome Statute governing its operations. In practice, However, such a proceeding would require that the ICC to obtain physical control over the individual and this would normally depend upon the voluntary cooperation of the national state of the accused persons belong to a state that is not a party.  States that are ICC parties governing the operations of the International Criminal Court are under a treaty obligation to cooperate with the ICC, including during the investigative and any resulting arrest phases of a legal process. The accused person or persons must also be present in the courtroom in the unlikely event that there is a prosecution.

Israel does not need to be a party of the Rome Statute governing the authority of the ICC if the tribunal finds that it possesses valid legal authority to proceed with an investigation and possible indictment of Israeli political and military leaders charged with responsibility for crimes in Occupied Palestinian Territory, which would include Gaza. The ICC after a variety of delays did formally decide in 2021 in a Chamber consisting of three judges that it could proceed to consider Palestinian allegations of Israeli crimes committed on the territory of Occupied Palestine subsequent to 2014. Palestine had become a non-voting Member of the UN in 2012, and on the basis of this qualification as ‘a state,’ later a party to the ICC treaty framework as set forth in the Rome Statute. The present prosecutor of the ICC, Karim Khan, has shown little interest in proceeding as permitted. This sloth is in sharp contrast to the haste displayed with respect to allegations against Putin for crimes in Ukraine associated with the 2022 alleged aggression.

7.      What is South Africa is seeking to achieve of such a case?

It is always hard to depict the motives for a controversial legal initiative of this kind, and in this instance the objectives may be less clear than the motivations. Post-apartheid South Africa has associated the Palestinian struggle for basis human rights with its own struggle against an apartheid regime. Nelson Mandela famously said, “our freedom will not be complete until the Palestinians are free.” In a sense, genocide should in some instances be regarded as the consummation of apartheid. It is the almost invariablle characteristic of the final stages of a settler colonial project, which is probably the best way to understand what is happening in Gaza, and to appreciate the bad memories that analogous developments generated in South Africa.

South Africa may also be motivated by recollections of the role played by governments in the Global West in relation to its own earlier struggle that was long insensitive to the oppressive racist rule because it was strategically linked to apartheid South Africa in the Cold War Era. Palestine has been victimized and Israel shielded and enabled by the American-led commitment to its strategic interests in the Middle East as reinforced by pro-Israeli domestic lobbying and donor leverage in relation to government policy and media presentations.

Many of those who work on the South African initiative or were supportive of its effort to appeal to the ICJ to stop the Gaza genocide have been quoted as saying world to the effect, “I have never been so proud to be a South African or of our government.”


8.      U.S. Secretary of State Antony Blinken denounced Israel being referred to the (ICJ) for alleged genocide during its war in Gaza, calling the claim “meritless.”, What do you make of the Biden Administration position?

As suggested in earlier responses, the primacy of geopolitics in US foreign policy leads to the subordination of international law whenever compliance clashes with strategic interests. To call the South African initiative ‘meritless’ in light of the copiously documented genocidal practices, policies, and exterminist language of Israel’s top leaders defies reality as embodied in the provisions of the Genocide Convention, which calls upon parties to prevent and punish the commission of genocide by others as well as to refrain themselves from such behavior. To not exempt ‘genocide’ from geopolitics is in my judgment itself a sign of national decadence at a time when the global public good desperately needs expressions of respect for all peoples inhabiting the planet.

There are two points to observe: (1) the contrast between the US impassioned allegations of violations by its adversaries, China and Russia, and its unconditional support for accused international friends and allies is a stunning display of irresponsible statecraft; (2) the moral hypocrisy associated with such brazen double standards, severely undermines the authority of international law by treating equals unequally, and opportunistically.

The US is paying a high reputational cost at home and internationally by standing with Israel in opposition to the South African effort, which enjoys support all over the world, because it is seeking to bring an ongoing and transparent genocide to an end. This initiative by way of the ICJ was undertaken only after several attempts in the UN Security Council and General Assembly were blocked, diluted, or were unheeded principally due to US leverage exerted on behalf of Israel. It shines a bright light on the significant relevance of complicity crimes to this horrifying ordeal being inflicted on the civilian population of Occupied Palestine.

SHAPE (Saving Humanity and Planet Earth): A Time for Bold Action to Stop Genocide in Gaza

13 Jan

The barbaric conduct of the Israeli state must be stopped The dignity and freedom of the Palestinian people must be upheld

The genocidal violence unleashed by Israel in Occupied Palestine since October 7 has produced unspeakable tragedy and suffering for the Palestinian people. Such barbaric behaviour places the State of Israel outside the bounds of a civilized world. Israel has become a pariah state, and must be treated as such by the international community  

Sadly, the response of many governments, especially in the global West, has been less than exemplary. The active support for Israel’s misdeeds extended by the United States and a good many of its allies can only be described as criminal complicity. Those governments and their leaders must also be brought to account.

The time is long past for debates about whether genocide has been committed or the US and other NATO members have been actively involved in the orgy of violence against the people of Gaza and the West Bank.

The evidence clearly indicates that the Israeli use of force satisfies the legal requirements of genocide, and Western governments have to varying degrees supported the commission and persistence of this crime of crimes. Bemoaning this ugly reality is necessary, but woefully short of enough.  

We unreservedly condemn all forms of political violence directed at civilians, including the criminal elements of the Hamas attack of 7 October.  However, that attack provides no legal or moral justification for the genocidal onslaught against the Palestinian people, which has paved the way for ethnic cleansing and land grabbing. Every Israeli action since 7 October has accentuated the most objectionable features of its long occupation, and earlier policies of forced evacuation.  

SHAPE BELIEVES THE TIME HAS COME FOR A BOLD RESPONSE, which is why we issue this call for urgent action on two different but closely related fronts.

The first front has to do with the immediate steps needed to stop the genocidal assault on Gaza. To this end:

  • We call on governments everywhere to actively press, not just through words but by all nonviolent means at their disposal, for an immediate and permanent ceasefire and wholesale economic reconstruction in Gaza and the West Bank funded primarily by Israel and its Western backers, with the Palestinian people given full control of the rebuilding process.
  • We call on Western publics to demand of their governments that they:
    • Join without delay the international call for an immediate ceasefire;
    • Stop all forms of diplomatic, economic and military support for Israel’s use of force in Gaza and the West Bank
    • Support South Africa’s application instituting proceedings against Israel before the International Court of Justice (ICJ) which argues that Israel’s conduct in Gaza violates its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide.
  • We commend and support the widespread and passionate public support for the suffering people of Palestine in Arab and other Muslim countries, and we remind the governments of those countries that they will be judged not by their words but by their deeds. Their response thus far leaves much to be desired.  

Individual governments and key multilateral bodies, especially the Arab League and the Organization of Islamic Cooperation but also BRICS, should:

  • Spearhead a series of sharply worded resolutions at the United Nations, both in the General Assembly and the Security Council, with the primary aim of driving home the increasing diplomatic isolation of both Israel and its primary backer the United States  
    • Express their firm support for South Africa’s application to the ICJ accusing Israel of genocide and requesting the Court to order an immediate stop to violent actions of a genocidal character
    • Support the appeal by Algeria and Chile to the International Criminal Court to indict those Israelis responsible for perpetuating acts of genocide.   
  • We urge all governments to consider the severing or at least suspension of diplomatic relations with the State of Israel, and launch an international campaign for an international embargo on arms sales and other forms of military assistance to Israel.  

The second front has to do with creating the conditions for a just and sustainable peace, respectful of Palestinian rights under international law.  

To this end we call on civil society everywhere – NGOs, religious and cultural organisations, labor unions, professional bodies, corporations and banks – to:  

  • Implement policies within their spheres of concern and influence supportive of Palestinian rights
  • Consider the formation of an independent, non-governmental Commission of Peace, Justice, and economic reconstruction that brings together an eminent international panel of thought leaders and practitioners. Its brief would be to consult widely with Palestinian groups and intellectuals and propose a detailed transition to a new Palestine/Israel reality that fully respects the Palestinian people’s right to self-determination and remedies the wrongs of the past, notably Israel’s illegitimate and brutal occupation of Gaza, the West Bank, and East Jerusalem.  
  • Establish a separate panel, comprised of eminent jurists, other experts and representatives of civil society organisations to consider ways in which the United Nations system can effectively exercise its authority in the resolution of the Palestinian question. Every avenue within the UN system should be considered: the UN Security Council, but also the General Assembly, including the possibility of using a Uniting for Peace mechanism (modelled on Resolution 377A), UN agencies, and importantly the office of the UN Secretary-General, with greater space given within the UN system for a prominent, concerted and sustained civil society intervention.  

Issued by

Richard Falk     Chandra Muzaffar    Joseph Camilleri

SHAPE Co-Conveners 14 January 2024

Website: https://www.theshapeproject.com/  

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Probing the Depths: Roots of Unspeakable Crimes in Gaza–Criminality and Complicity

10 Jan

[Prefatory Note: the following interview with an Iranian journalist was completed on 1/9/24, during the week when South Africa puts forth its legal argument before the International Court of Justice in The Hague, seeking ‘provisional measures’ designed to stop the Israeli genocide in Gaza. Even if Israel refuses to comply should the World Court respond favorably to this emergency request as I expect it will, the decision will have an historic importance: drawing the West into the orbit of legal accountability by indirectly implementing its complicity with the Israeli attack, by an almost certain escalating effect on pro-Palestinian solidarity initiatives around the world, and by conferring on Israel the labels of ‘rogue state’ or ‘pariah state.’]

  1. At first, there’s a need to contextualize for our readers Israel’s urge to silence pro-Palestinian voices and the voices of the critics of Israel, both in the US and globally. As someone who has experienced it firsthand, can you please explain that urge?

Israel is very sensitive to international criticism, especially by critics associated with its base of support in the colonial settler and European colonial states, which together comprise the White Global West. It is also sensitive to pro-Palestine lawfare associated with international institutions, especially the UN, International Court of Jusstice (ICJ), International Criminal Court, and the UN Human Rights Council (HRC) because its legitimacy as sovereign state partly rests partly claim to be the only democratic state in the Middle East, a (mis)perception reinforced by US at the highest levels of governments pointing to ‘shared values’ that were at the core of ‘the special reliationship,’ overlooking the crimes against the indigenous majority Arab population of Palestine involving massive expulsion in 1948 and exploitative dominance since at least 1967 over the Occupied Palestinian Territories of East Jerusalem, West Bank, and Gaza.

I was the target of Israeli smears and defamatory attacks during the period I served as Special Rapporteur on Israeli Violations of Human Rights in Occupied Pallestine in the period of 2008-2014. The attacks involved slanderous accusations of antisemitism on my part, and also sharp criticism of the UN as biased due to its disproportionate attention given to alleged Israeli wrongdoing. The UN responded defensively doing whatever it could to distance itself from me, especially during the time that Ban Ki Moon was Secretary General. He explained my remaining as Special Rapporteur by reminding Israel and the world that I, as an unpaid appointee of the Human Rights Council, was not part of the UN civil service and hence beyond his disciplinary reach. This was a virtuall admission that the Israel defamatory criticism were justified. Attacking its critics became a policy tool used by Israel and its Zionist support structure in Global West countries with increasing frequency for two reasons: the weakness of Israel’s substantive position creating an incentive to shift the conversation from a focus on its severe violations of law and morality to the credibility of the critics a process that I have called ‘the politics of deflection’ in which the attention of the media is diverted to the messenger rather than the substantive message about Israel’s violations, and the related intimidation directed at activists and others who dare promote nonviolent solidarity initiatives such as BDS (boycott, divestment, and sanctions). No comparable effort was made to stifle such criticism or activism of South Africa during the apartheid period even though the governments of the US and UK were strategically aligned with apartheid South Africa during the Cold War years. The presence of a pro-Israeli Zionist network that shields Israel from criticism by ‘weaponizing antisemitism’ in varying ways that cause imbalances in the media and infringements upon academic freedom within educational institutions of the West.

  • How can we explain Israel’s tight grip on public discourse on Israel-Palestine issue for so long? How could it accumulate so much power and influence within different states and international entities? If there is a financial aspect to it, how powerful is it?

This is a complex, fundamental question. Israel established its legitimacy as a new state shortly after World War II in the twilight of the European colonial order, imposing its sovereign claim on a resident majority Arab majority that identified as belonging to the nation of the Palestinian people. The Zionist project of establishing a Jewish state in Palestine was a dream of a small dedicated movement in late 19th century Europe that became a political project when the UK pledged its support in the Balfour Declaration (1917) for a Jewish Homeland in Palestine, a purely colonial interference with the self-determination rights of people. The statehood of Israel became an attainable goal during the British mandate period in which the UK administered Palestine as an International Mandate on behalf of the League of Nations, and encouraged Jewish immigration, a process accelerated in response to the rise of fascism in Europe, climaxism of lethal antisemitism in the Holocaust that put to death as many as six millions Jews in Europe, and caused a sense of guilt on the part of Western liberal democracies for their meager efforts to oppose such genocidal behavior.

The British ended their mandate, partly in reaction to Zionist anti-British terrorism dumping on the newly formed UN the daunting challenge of finding a solution to the surging internal conflict in Palestine between settler Jews and indigenous Arabs. The UN relied on British experience with its divide and rule style of colonialism. It established a commission that made recommendations centering on a proposed partition of Palestine into two states with Jerusalem as both their common capital and an international city. The Zionist Movement accepted partition, the representatives of the Palestinian people rejected it. Against this background Israel was established in the aftermath of a war internal to Palestine between Jewish militia forces and the armed forces of neighboring Arab countries, ending with an agreed ‘green line’ that was treated as a provisional internal boundary between the two peoples that enlarged Israel beyond the UN partition territorial allocations, giving the Jewish state 78% of Palestinian territory rather than the 45% contained in the UN plan, and dividing Jerusalem between the two peoples, leaving the control of Palestinian side of the green line to Jordan and Gaza to Egypt.

Even with its military victory and Western diplomatic and economic support, Israel was founded in a context that contained challenges to its legitimacy as a state from its region and indeed from most of the Global South. From the outset Israel realized that its security and status in international life would be greatly helped if it could control the public discourse that shaped international public opinion. Its fragile security was highlighted by the fact that in its early years it was surrounded by hostile larger states that perceived the establishment of Israel in their midst as a territorial, racial, and religious intrusion, a colonialist solution of a European problem at the expense of the Islamic, Arab bloc of countries.

Israel’s success in discourse control was greatly aided by the extent of Jewish influence in the large media platforms of the West, especially in the US and UK, as facilitated by the wealth of Diaspora Jews mobilized after Hitler to support the establishment and development of a Jewish state as a place of secure sanctuary in the event of future outbreaks of lethal antisemitism. This propaganda tool was used in sophisticated ways to create great admiration for Israel as liberal democracy in the Western mold and a modernizing success in contrast to the supposedly backward, stagnant, impoverished Palestinian society. In contrast, Israel was portrayed as socially progressive, economically successful, and even managed to make ‘the desert bloom.’ At first, there were tensions in the West between support for Israel and maintaining reliable access to the huge oil and gas reserves of the region. Israel was able to resolve these tensions with its victory over its Arab adversaries in the 1967 War, as well as occupying the territories allocated to the Palestinians in 1948. And most symbolically important it unilaterally incorporating Jerusalem as the eternal capital of Israel, an initiative that to this day is not accepted by many governments. After 1967 Israel shifted its relationship to the US from that of strategic burden to strategic partner, and became a militarily significant actor throughout the region. Israel was allowed to acquire nuclear weapons in defiance of the non-proliferation treaty arrangements. After the Iranian Revolution of 1978-79 Israel becaame even more valuable as the fall of the Shah meant the loss of the only other strategic ally of the West in a region strategically important for energy and control of major trade routes. 

At the same time as Israel’s apartheid regime engaged in dehumanizing modes of controlling Palestinian resistance and Israel became increasingly clear about its unwillingness to reach a political compromise achieved by bilateral negotiations, resulting in new assaults on its legitimacy became more widely questioned even in Western societies, but not by governments. This process was recently further intensified when the Netanyahu coalition government with Regligious Zionism party took over in January 2023, and immediately greenlighted settler violence on the West Bank, violated the sanctity of Muslim sacred sites (especially Al Aqsa Mosque), and displayed maps at the UN and elsewhere with only Israel present between ‘the river and the sea.’ Throughout this period Israel’s control of the discourse, reinforced by the Zionist well funded network in the Global West used its discourse dominance to demonize its critics. It was helped by the adoption of the IHRA (International Holocaust Remembrance Asssociation) definition of antisemitism, which treated any sharp criticism of Zionism or Israel, however justified by evidence and reasonable, as antisemitism. With possibly tragic irony such false branding seems to be producing real antisemitism in the world in its authentic form of hatred of Jews as an expression of hostility towards the behavior Zionism and Israel.

  • We hear or read a lot these days about the fact that Israel is an apartheid regime; what is apartheid, and how does Israel qualify as an apartheid state?

Most understandings of the nature of apartheid accept the definition set forth in Article II of the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid, which reads as follows:

Article II

For the purpose of the present Convention, the term “the crime of apartheid”, which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of person:

(i) By murder of members of a racial group or groups;

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, inhuman or degrading treatment or punishment;

(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups;

(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

(c) Any legislative measures and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and the deliberate creation of conditions preventing the full development of such a group or groups, in particular by denying to members of a racial group or groups basic human rights and freedoms, including the right to work, the right to form recognized trade unions, the right to education, the right to leave and to return to their country, the right to a nationality, the right to freedom of movement and residence, the right to freedom of opinion and expression, and the right to freedom of peaceful assembly and association;

d) Any measures including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

(e) Exploitation of the labour of the members of a racial group or groups, in particular by submitting them to forced labour;

(f) Persecution of organizations and persons, by depriving them of fundamental rights and freedoms, because they oppose apartheid.

It was made clear in the understanding of the crime that although South African racial system of exploitative subjugation of the African indigenous population was the model for declaring apartheid to be a Crime Against Humanity, it is applicable to any arrangement that satisfies the treaty definition. It is so regarded by the International Criminal Court, see Article VII(1)(j). In Article VII(2)(h)) the nature of the crime is clarified: (h)  “The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”;

In the years since 2017 a series of reports sponsored by the UN and issued by widely respected human rights NGOs have confirmed the credibility of earlier allegations that the treatment of Palestinians qualifies in various ways as apartheid. (See detailed reports of UN ESCWA; Human Rights Watch; Amnesty International; B’Tselem). To some extent, the criminality of Israeli apartheid has been temporarily subordinated to allegations of genoicide following the Hamas attack of October 7, 2023. If Israel’s falls short of its current genocidal effort to coerce Palestinians to leave their homeland, then concerns about Israel’s policies and practices of apartheid would undoubtedly be renewed.

  • Given the recent momentum that the pro-Palestinian movement has gained, especially in the US, do you see any chance for a change in the essence or form of the US support for Israel in the short-term?

There has definitely been a shift in public opinion among the citizenry in Global West countries, but the governments, above all the US and UK continue their support of Israel despite spreading opposition to the devastation of the civilian population of Gaza, making the small crowded region totally unlivable without a massive reconstruction and relief effort.

The governments that continue to support Israel even after its recourse to genocide are influenced by a mixture of strategic interests and what might be called identity politics. The strategic and identity issues converge in relation to Israel as it combines strong military capabilities with a civilizational identity as a high-tech modern society with principal ties to the West, and having a series of hostile Islamic countries and non-governmental movements as its adversaries. If a wider war breaks out it will be viewed as ‘a clash of civilizations’ recalling Samuel Huntington’s 1993 prediction of the world after the end of the Cold War. Part of this overall picture of stability of Israel’s relationship with the liberal democracies of the West despite its unabashed endorsement of genocide in addressing the Palestinian people is best explained by the effectiveness of Zionist funding of political opponents of elected officials critical of Israel, and financing of Israel friendly politicians in these countries where donor leverage that remains strong at the national level. Also important, is the absence of organized Palestinian lobbying capabilities in the West that could somewhat diminish pro-Israeli foreign policy biases.

If Israel succeeds in implementing its population transfer scenario in Gaza, forcing surviving Palestinians to become refugees in the region, ethnic cleansing will be added to the criminality of genocide in the form of a Crime Against Humanity. This would almost surely lead to mobilization of anti-Western forces throught the Middle East, adding dangerous new stresses to the fraying bond tying the Global West to Israel. Also, uncertainties as to Israels reaction to being treated as ‘a pariah state’ subject to boycotts and even sanctions, and surging militancy among global solidarity groups dedicated to a humane future for the Palestinian people, including the 7+ million refugees and exiles living nearby and around the world.

  • As you’ve mentioned in your preface to the book, ‘We Will Not be Silenced’, in Israel’s war against Gaza, “’the people’ become the enemy,” and, therefore, to legitimize such a war, one has to dehumanize that people. How has Israel gone on about doing so from 1948 onwards?

As Edward Said pointed out in his book, Orientalism, the colonial intellectual portrayal of the Arab is a prelude to dehumanization and a sense of Western civilization superiority, especially as assessed through an optic of technocratic modernity. As earlier discussed, Israel was established as the European colonial order was collapsing and in the aftermath of a monstrous genocide that the liberal democratic countries in the West did little to stop until Germany and Japan committed aggression imperiling their overall global hegemony. The early Zionist anticipated the current attempts to erase the Palestinians from their homeland as expressed by the dehumanizing saying: “a land for a people without land for a land without people.”

What has complicated life for Israel is that the indigenous nationalism of the Global South as well as the defeat of European colonialism created a sense of the legitimacy of resistance, even armed resistance that has been incorporated to a controversial extent into contemporary international law. The recognition of the inalienable right of a people to national self-determination results in the settler colonial authority movements as being lawless undertakings, the overt enemy of indigenous populations as denigrated as backward or non-existent. If such tactics do not remove such obstacle, then the settler colonialist move by stages until reaching the genocidal conclusion that unless the indigenous population is utterly marginalized, exterminated, or expelled it will prevail over time. In this sense the settle colonial failed projects of South Africa and Algeria are instructive on the central point that superior military capabilities will not bring the settler regime reliable security, nor  will its cruelty and exploitative policies exhibited by its imposed dominance. Despite the darkness of the skies over Palestine at present, it has never been closer to an achieving some kind of victory and liberation that was unimaginable just a few months ago.

  • As my last question, I want to know, in your opinion, what hope is left for Palestinians? They are witnessing, on a daily basis, what seems to be a deadlock, created by the US’s unconditional support for Israel, and they have no recourse to the international law.

The best hope for Palestine at this time is the escalation of civil society activism to stop the genocide, as sought by South African application to International Court of Justice, and to isolate Israel in meaningful ways through cultural, sports, and all types of boycotts. Within the foreign policy of the Global West and in relation to Israel itself there is no basis for a just and sustainable peace being promoted diplomatically and strategically by leading governments or effectively by the UN. Geopolitical primacy in situations of strategic priority, as is the case for the US and Israel, overrides the guidance of international law and the morality of inter-governmental co-existence. This, short of geopolitical reassessment there is no realistic prospect for any sufficient change in the commitment of the West to Israel’s security as it seeks to pursue it.

As mentioned above, only civil society activism can change the calculus of strategic interests in the West and Israel in the short run of 5-10 years. As the transformation of South Africa made clear, the impacts of becoming a pariah state in a variety of international arenas made it willing to transform the state from an apartheid regime to a constitutional democracy that facilitated transition by outstanding African leadership, a sympathetic world public opinion, and a focus on racial issue and political rights, which respecting the economic rights and social status of the displaced white settler elite. While Israel for all sorts of reasons cannot be compared to South Africa, there exists a zone of uncertainty that may generate some comparable solution that is above all able to find a framework based on racial/religious equality and a coexistence based on respect for the rule of law and human rights for all.

Gaza Webinar: Is Israel Cornered?

2 Jan

Israel despite a transparent genocidal onslaught in Gaza that has gone on for more than three months may find itself cornered: unable to prevail, unable to accept defeat. What then?

Wed., Jan. 10 at 7 PM EasternThe Gaza War, Short & Long-Term Diplomatic Imperatives, & Implications for the Middle East and Geopolitics, with panelists Richard Falk, Irene Gendzier, and Assaf Kfoury. Discussing: What must be done to end the war? To prevent escalation to a still more catastrophic regional war? To begin the difficult diplomacy to ensure the rights, dignity, and security of both the Palestinian and Israeli peoples? To create U.S. policies that defuse rather than exacerbate militarism, divisions, and tensions across the Middle East?

Sponsored by: Campaign for Peace, Disarmament, and Common Security

* Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University

* Irene L. Gendzier isProfessor Emerita at Boston University, Dept. of History and Political Science

* Assaf Kfoury is a professor in the Computer Science Department at Boston University

>>> To register, click at https://us02web.zoom.us/webinar/register/WN_3bx1nQUoQrGAV__F9ZqEkw#/registration