Tag Archives: Gaza

WHAT DRIVES ISRAEL—10/29/24

29 Oct

Prefatory Note This post is a much modified, updated version of my responses to questions posed Murat Sofuoglu, a Turkish journalist associated with TRT World. The dehistoricizing and decontextualization of the Hamas attack of October 7 was spread around the world by the most influential global media platforms and political leaders of the liberal democracies, and led to widespread sympathy for Israel and some months of tolerance of their response despite its legally and ethically unacceptable character. As such the Israeli response was initially sanitized by regarding  Palestinian grievances in Gaza as irrelevent, and also by uncritically accepting Israeli  hasbara that its response to the Hamas attack was solely motivated by security and counter-terrorist considerations, and thus disconnected from the Greater Israel priority and preoccupations of the Netanyahu coalition that came to power at the start of 2023 or more than nine months before the attack.]  


1. Has the Israeli model to secure Jews a homeland in Palestine failed?

I think it is misleading to refer to the Zionist Project in the singular and by reference to ‘a homeland’ as originally pledged in the Balfour Declaration issued in 1917. The minimum pre-1948 goal of world Zionism was to create a Jewish supremist state in Israel with an unlimited right of returns for Jews from anywhere in the world, and the denial of such an equivalent right to the Palestinians who were the native majority population. The Nakba that accompanied the 1948 War involved the forced expulsion from Palestine and permanent refugee/exile status for of at least 700,000 non-Jewish residents of the portion of Palestine set aside for Israel by the partition resolution of 29 November 1947 UN GA Res. 181. Israeli expulsion politics exhibited the Zionist intention in the fog of war was to ensure a long-term Jewish majority settler population that would enable Israel to claim credibly in its early years to be both Jewish and democratic, the latter proving to become

overwhelmed by the apartheid regime that was convincingly delimited as such over the course of the last decade. The occupation was fully documented as a type of apartheid violating the 1973 Convention on the Prevention and Punishment of the Crime of Apartheid. This assessment was validated by comprehensive reports, filled with data, prepared by ESCWA, Human Rights Watch, Amnesty International, and the Israeli NGO, B’Tselem.

Prefiguring the response of the governments of most liberal democracies was the failure to express any adverse reactions to Israeli apartheid despite their earlier support for the global anti-apartheid movement that exerted so much pressure on the South African government that it pleasantly surprised the world by releasing Nelson Mandela from prison and proceeding rapidly to become a constitutional democracy incorporating legal commitments to racial equality. Why was there no negative international response to Israeli apartheid?  At the very least the apartheid assessments should have led to a demand that Israel withdraw from Gaza, West Bank, and East Jerusalem.

Even earlier, the most that the US Government could manage to say about the relentless expansion of unlawful settlements that ‘it was unhelpful.’  At first, Western governments were reluctant to be even mildly critical of Israel because of their own failure to do more by way of opposition to the Holocaust, inducing a debilitating sense of guilt made more potent by Israel’s domination of the public discourse subtly facilitated by a racist dehumaniization of the Palestinian other as an Orientalized inferior people when compared to the rapid modernizing prevailing temperament in the new Jewish state.

The UN contributed to the Palestinian tragedy by initially proposing partition of a previously colonized national entity without bothering to consult the Arab majority population residing in Palestine that would have certainly been opposed to lending legitimacy to such a fracturing of their homeland. But the Palestinians were never given a chance to vote in a referendum on partition, which itself was an ahistorical imposition of UK colonial interest and methods of control by a logic of ‘divide and rule.’

This post-1945 tragedy was compounded and prefigured the future ordeals of the Palestinian people by the failure to at least secure the promised Palestinian state of equal status to Israel before legitimating Israel’s claims to statehood by diplomatic recognition and admission to the UN as a member sovereign state. The 1967 War aggravated Palestinian grievances by. establishing Israeli de facto control by way of conquest over the Palestinian territories of East Jerusalem, West Bank, and Gaza, again given unregulated de facto control by way of the doctrine of Belligerent Occupation, supposedly within a temporary and regulative international law framework set forth in the 4th Geneva Convention and the First Additional Protocol. Israel massively violated its terms of occupation in numerous fundamental ways from Day One. Perhaps, the most flagrant early expression of Israeli territorial unilateralism was its incorporation of East Jerusalem into sovereign Israel as ‘its eternal capital.’ This symbolic and substantive land-grabbing that included Islamic sacred sites has never to this day been accepted by the majority of states, and the Israeli move to establish Jerusalem as the Israeli capital was declared ‘null and void’ in an 2017 Emergency Session General Assembly Resolution (ES-1019) supported by a super-majority of Member states but opposed and then ignored by the US and the main states of NATO [the vote was 129-9-35 (abstentions).

The developments between 1967 and 2024 consolidated Israeli territorial ambitions in occupied Palestine by way of the extensive unlawful settlement movement, a coercive apartheid occupation regime that subjugated Palestinians living under prolonged occupation that culminated in the genocidal and ecocidal assault on Gaza that killed many in real time and totally devastated Gaza as a livable habitat. The settler colonial assessment of Israel disposing the majority native population resembled the pattern of the breakaway British colonials (US, Canada, Australia, and New Zealand) each of which, although New Zealand less so, implemented their colonial encroachments by genocidal tactics in response to resistance, and succeeded in establishing their flourishing and enduring state.

In retrospect, it seems obvious that Zionism, and since 1948, Israel itself pursued a two-track strategy: first, a public hasbara discourse that claimed moderation and pretended to seek a democratic polity and engage in a search for a political compromise on land rights, democracy, and human rights with the native population; secondly, a political strategy that opportunistically advanced by stages to realize the hard core Zionist Project of restoring Jewish exclusive control over the Biblically ‘promised land’ of Jewish tradition at a given time for what it could get by way of an expansionist vision with respect to Israel itself, neighboring countries, and regional geopolitics. Not only did the shadows cast by the Nazi Holocaust in the early years of Israel’s existence inhibit criticism of the settler colonial aspects of Israel’s approach to the indigenous non-Jewish residents of Palestine but Israel’s first political leader, David Ben Gurion a committed secularist, cynically declared ‘Let the Bible be our weapon,’ and in the process claimed a religious entitlement to all of historic Palestine as ‘the promised land’ of Jewish tradition, which has prevailed over the prime norm of colonial decline, that of the right of sef-determination.

After the 1967 War Israel became itself a partner in ‘colonialism after colonialism’ in the Middle East. There emerged a strategic relationship with the United States and Europe that embraced regional security, safeguarding oil and gas reserves for the West, and cooperating with respect to the containment of political Islam, especially after the Islamic Revolution in Iran (1979). This US led geopolitical limitations imposed on regional autonomy were highlighted by the unprecedented US political commitment to ensure that Israel possessed a military capability to defeat any combination of regional adversaries. Such a willingness to indulge ‘Israeli exceptionalism’ with respect to regional security was  dramatized by looking away while Israel covertly, with European active complicity not only became the sole nuclear weapons state in the Middle East but assumed the role of guardian of non-proliferation when it came to Iran.  As Israel gained in strength and regional acceptance via the Abraham Accords reached in 2020 during the last months of the Trump presidency it seemed on a path that would end with a one-state solution under its sole and uncontested dominion.

As Israel gained in political acceptance and self-confidence it became less shy about revealing its nationalist agenda. The 2018 Basic Law, with a quasi-constitutional status, was forthright in claiming Israel as a Jewish State, with the Jewish people exclusively entitled to exercise the right of self-determination (ignoring the rights and relevance of the 20% of its population that was non-Jewish, and Hebrew was confirmed as the only official language. Even extreme Israeli apologists seemed reluctant to any longer claim, what was never true, that “Israel was the only democracy in the Middle East.” The net result as of late 2024 is that it is the Palestinians who have become unwelcome strangers in their own historic homeland. Israeli democracy, such as it has become, was clearly in practice and law ‘for Jews only.’ And again the Western patrons of Israel watched from the sidelines as Israel kept enlarging and disclosing its zero-sum vision of conflict resolution, and disregard of the US role as intermediary in the search for a diplomatic resolution of the conflict.  

2. What is Israel trying to achieve with its ongoing war campaign across the Middle East?

Again, we are challenged to deal with Israel’s mainly undisclosed intentions and what is disclosed is not trustworthy or a small part of the Israeli policy agenda motivating the enlargement of the combat zone. For greater insight we are forced to rely on conjecture to produce some kind of illuminating, yet plausible, interpretation. As with Gaza, Israel claims a right of self-defense. It seeks extra weight by insisting that its enemies are all sponsors or guilty of ‘terrorist’ violence’ and proxy engagements determined to undermine Israeli security, Even if we accept this line of argument Israel’s use of force in Lebanon is disproportional and indiscriminate, self-acknowledged and operationalized as an inflammatory application of the Dahiya Doctrine originally set forth in the Lebanon War of 1982. The Dahiya Doctrine was enunciated by a leading Israeli general, expressing the intention to retaliate disproportionately against security provocations threatening Israeli interests. The Gaza genocide can be viewed as a grotesque and maximal example of Dahiya thinking and practice, although specifically motivated by Israeli extraterritorial security priorities, ethnic cleansing, economic ambitions, regional paranoia, as well as its invariable dismissal of the genuine grievances and armed resistance of adversaries as invariably of a terrorist character.

In certain ethical respects the Dahiya Doctrine is an Israeli adaptation of the logic of deterrence that guided security policy of both US and USSR during Cold War. Its most salient feature was known as Mutual Assured Destruction  (or to critics as MAD). Israel’s adaptation consisted of substituting the threat of genocide for that of nuclear retaliation. The core idea of deterrence is a credibly threatened unacceptably disproportionate response to any fundamental threat to strategic interests or to homeland security of the nuclear antagonists and their close allies.

There is no mutuality in Israel’s approach to deterrence, which is a generalized warning to its regional adversaries of dire results if they dare to attack or provoke Israel. Any regional state purporting to balance Israel hegemonic nuclear capabilities is projected as such a threat, which presupposes a geopolitical right to maintain Israel’s regional nuclear supremacy.

3. Do you think with the current campaign, the Netanyahu government aims to resolve once and for all the Jewish question, fixing Israel’s place in the Middle East? 

It seems as though Israel has been expanding its combat objectives initially justified as retaliation against Hamas for the October 7 attack by adopting a proclaimed goal of exterminating Hamas. While pursuing this goal Israel engaged in such excessive and indiscriminate violence that its behavior was widely perceived as a transparent instance of genocide committed in real time and including a growing and increasingly activist minority in the civil societies of the Western countries, including many Jews, whose governments most ardently support Israel. Israel has suffered a near total loss of legitimacy as a normal state and is increasingly viewed as a pariah or rogue state to an extent exceeding the condemnation of even overtly racist and oppressive South Africa. This ended when the Pretoria government surprised the world by abandoning apartheid in the mid-1990s, apparently for pragmatic reasons associated with debilitating sanctions that limited South Africa’s participation in world society, including cultural and sporting boycotts that curtailed the freedoms of the ruling white minority.

Israel has handled this international hostility differently and more defiantly than South Africa, partly because it has had the benefit of strong geopolitical support from the governments of the Global West, especially the all-important US. Israel’s security is a matter of strategic importance to the West as a beachhead in the Middle East for the related purposes of ensuring access to oil and gas reserves of the region and containing the spread of political Islam. Thus, the increase of Israel’s war objectives to include Hezbollah, the Houthis, and of course Iran has also become a battleground in the Clash of Civilizations within the region and is a potent source of instability parallel to the incipient Second Cold War with China and Russia. Whether Israel, with Washington’s backing and probable participation will provoke war with Iran is one of the great uncertainties of this historical moment. Part of this uncertainty involves assessing the relevance of Netanyahu’s personal survival agenda and whether the Religious Right in the governing coalition will push these wider objectives to the point of regional war with dangerous geopolitical risks. An ethical imperative is also continues to be present– not to shift attention away from the ongoing acute human catastrophe entrapping the civilian population of Gaza in deliberately induced death threatening traumas of mass hunger and widespread disease.

What Israel does and refrains from doing in the next few weeks will have a major impact on the prospects for a peaceful future responsive to growing ecological challenges. This in turn may reflect the outcome of the US presidential elections, and how the new leadership handles this dangerous, fragile global situation that combines a prolonged humanitarian catastrophe, ethical and legal gross abuses of civilian innocence, and hazardous neglect of heightened risks of geopolitical encounters and ecological collapses.

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What is Israel Doing in Lebanon? War with Iran? Expansionism? Deterrence by State Terror? Netanyahu’s CV

16 Oct

[Prefatory Note: This post is based on my responses to questions put by a Brazilian journalist working for CORREIO BRAZILIENSE, Rodrigo Craveiro, on October 16, 2024. The focus is on the regional spillover of violence as linked the Gaza Genocide, which itself is still ongoing after more than a year, arousing concerns from internationally reliable sources of starvation and disease prompting adverse reaction from Israel’s supporters. Major states in Europe are threatening Israel with an arms embargo if does not accept a ceasefire, while the US warms Israel that it will cease supplying Israel with weapons if does not facilitate an increase in the delivery of humanitarian assistance to Gaza within the next 30 days.]

1– Today US warned Israel to take urgent steps to improve the humanitarian situation in Gaza within the next 30 days or face losing access to US weapons funding. How do you see that?

From the perspectives of international law, human rights, and the UN such a US move comes far too late, yet from a political perspective of ending the violence in Gaza and the expansion of the combat zone beyond Gaza a cutoff of US weapons support would be a small step in the welcome direction of peacemaking.

It is worrisome that the Gaza warning is framed in terms of the humanitarian catastrophe that continues to befall the Palestinian civilian population in Gaza without mention of a ceasefire or the spillover Israeli violence in Lebanon, Syria, Iraq, and Iran.

And why a 30 day grace period, and not immediately in view of emergency realities in Gaza that threaten increasing famine and disease, concerns that have received confirmation in recent days from reliable and respected international expert sources.

From experience over the past year, it is too early to tell even whether the US warning to Israel will be implemented. The US Government has warned Israel in the past, most recently in relation to avoid attacking Rafah with its large number of sheltering Palestinians. Israel ignored the warning and nothing was done by Washington to withdraw US support.

Finally, improving the humanitarian situation is vague, and can be satisfied by vague and often unverified and contested self-serving assessments as with disruptions during an agreed pause in the violence to allow delivery of polio vaccines to Palestinians in Gaza.

2– Netanyahu said today Israel owes its existence to victory in the 1948 Arab-Israeli war and not to the approval of its creation by the UN. What do you think about it?

Israel has always been guided by a realist belief that national security is a reflection of military hard power rather than be earning a law-abiding reputation. In that sense, Netanyahu is merely declaring what has been obvious at every stage of Israel’s existence and even during the pre-state period of the Zionist Movement.  Only a fool in 2024 would deny that Israel puts its trust in weaponry rather than in legality or morality. By setting military approaches to security against legitimation by the UN as a distinct choice, Netanyahu and leaders before him, have consistently avoided a stance in which Israel’s leaders would contend that both their battlefield success and the UN acceptance as a legitimate state were instrumental is establishing Israel as a state back in 1948, a date long prior to finding an appropriate solution for Palestinian grievances and just aspirations, a great, rarely acknowledged UN failing.

In the recent year or so, Netanyahu along with other Israeli leaders and Western supporting governments have joined in defaming the UN as biased against Israel, even institutionally antisemitic. This is manifested in many ways, but none resented by Israel more than the alleged holding of Israel to standards higher than applicable in the treatment of all other UN members.

Critics of Israel’s approach to security and conflict resolution approach believe the opposite is true, that even at the UN Israel has been able to hide its crimes and expansionism behind thick clouds of obfuscation and geopolitical protection. Palestinians  have a far stronger case against the UN due to its imposition back in 1947 of a partition of their country to achieve a two-state outcome without ever consulting the wishes of the resident majority Arab population, and then failing to secure Palestinian rights in the land allocated for their state, the extent of which was further diminished by Israeli military expansion. The UN has let the Palestinian people suffer despite their acceptance of responsibility as the successor to the British Mandate.  

3– Hezbollah threatened today to  carry out attacks in “all” Israel. Why do you think Israel is facing difficulties to defeat Hezbollah?

It is difficult to speculate on the motivations of Hezbollah, and hence their evident determination to withstand the Gaza-like onslaught that Israel threatened and is now enacting. It may be partly tied to the Israeli assassination of their longtime leader, Hassan Nasrallah, or to a sense of a sacred struggle in the spirit of jihad or to a collective Islamic response to Israel’s recourse to genocide. The support for Israel among the liberal democracies of the Global West is a somewhat analogous collective civilizational stance, although not portrayed as such, especially in the US. On neither side of this most destructive and dangerous encounter since the Cold War can behavior be explained by reference to traditional national interests alone.

Ever since the anti-colonial struggles for self-determination and against Western encroachment have been won by the militarily far weaker side, the realist equation of military superiority leading to political victory has lost its analytic power and explanatory force of how history evolves and  is made. In light of this development, it should be no surprise that Israel has not managed to defeat Hezbollah as yet despite mounting a series of punishing assaults on its Lebanon base area. As the Gaza post-October 7 experience illustrates, the only way to overcome the commitment of a victimized people struggling for a liberating freedom is by engaging in genocidal operations comparable to how the various Western settler colonialist projects dealt with the resistance of native peoples.

Militarism and Genocide in Gaza: The Bloody Signature of Western Decline

9 Oct

[Prefatory Note: The text of an interview with an independent Turkish journalist, Naman Bakac, published in Turkey on Sept. 26, 2024. Somewhat modified for this online publication.]

1.Almost all fundamental rights and principles are clearly being violated in the Palestinian territories: from the right of Palestinians living in occupied lands to self-determination, to the right of representation, which leads to the murder, imprisonment, and exile of their freely elected representatives; from the right to shelter as tents are deliberately bombed, to the right to food as Palestinians are deliberately left to starve; from sexual abuse of prisoners to torture, and from there to the right to housing as homes are demolished. However, international law and the community have been unable to prevent these violations to date. What legal texts are missing to stop these systematic violations? Which institutions are absent? If legal texts, legal institutions, and decision-making mechanisms cannot resolve this, what other tools and methods should be activated to prevent these systematic violations of rights?

Response: The Palestinian ordeal is not a consequence of the shortage or inadequacy of legal norms or mechanisms for their enforcement. The primarily obstacle to imposing adverse consequences in reaction to gross and transparent Israeli criminality is one of political will, especially on the part of dominant states in the Global West and to a lesser extent on the part of leading Arab neighbors, i.e. Saudi Arabia, Egypt.

It is only countries from the Global South that have been willing to have recourse to the existing international judicial procedures, the ICJ and ICC. The ICJ, the judicial organ of the UN, has a strong reputation for political independence and persuasive interpretation of international law, and its pronouncements are influential, even if they are procedurally cumbersome, often take years from start to finish., lack enforcement capabilities or mandates, and have a mixed record of compliane.

The ICC is a more recent institution, and nor part of the UN System. It does fill a serious gap in the legal coverage accorded to accountability for individuals accussed of committing serious international crimes. The ICC is further weakened by the failure of several leading states to become parrties to the Rome Statute, which is the legal framework governing ICC activities. The ICC also has never achieved legitimacy in the Global South because of its early image of being mainly preoccupied with crimes of leaders in sub-Saharan Africa, which was responsible for its West-centrric reputation. The ICC has seemed reluctant to hold accountable individuals associated with powerful states in the Global West, which include countries in Westernn Europe, North America, and currently Israel. By recommending the issuance of arrrest warrants to three top Israeli leaders (somewhat offset in political messaging by simultaneously making a reccomendation of arrrest warrants for the three top Hamas leaders, the ICC prosecutor made a gesture to challenge geopolitical impunity. So far the ICC sub-chamber that has the sole responsibility to issue arrest warrants has not yet acted. It has give to suspicion that the ICC is stalling in its treatment of these controversial recommenndations, due to reliable reports of pressure by Israel and allies to delay its decision, or better, reject the prosecutor’s recommendation on a variety of contrived grounds centering of the dual grounds of Israel not being a member of the ICC and it would be wrong to appear to criminalize a reasonable Israeli claim of self-defence.

The secondary obstacle is the degree to which World Order continues to be based on a hybrid arrangement of hybrid and contradictory relations of law to power: the majority of states are subject to international law in the area of peace and security, while a few, including the UN P5 (and their strategic friends) occupy a position that allows such governments to privilege strategic interests if these clash with legal obligations in UN settings. This hierrarchy is indirectly acknowledged by the veto power allowing the most dangerous states in 1945 to paralyze UN responses to their criminality and even to that of their friends and allies.

The Western support for Israeli genocide is itself criminal, as complicity is criminalized in the Genocide Convvention, but it is virtually exempt from critical scrutiny at the UN or elsewhere. A domestic court in the US has had been the cite of a judicial action to stop the Gaza Genocide brought by a çivil society organization, Center for Constitutional Rights, relying on a Universal Jurisdiction rationale. It has been so far been blocked in this legal pursuit by a dubious internal doctrine that views US foreign policy initiatives as not subject to adjudication due to a so-called Political Questions doctrine. This doctrine rests on an anachronistic view of the Separation of Powers that views Foreign Policy as belonging exclusively in the Executive Branch of Government, and therefore is not subject to judicial scrutiny. This overlooks the growth of international legal authority as a constraint on national behavior even if conducted as foreign policy.

2.Despite the world witnessing, in an unprecedented way, one of the most brutal massacres in history, with live footage, after Gaza can we still talk about international humanitarian law, international human rights, or the Pax Americana order established after World War II? Doesn’t the “Rule of Law in the Global Village,” the title of one of your books, come to an end after Gaza? Or should the path of reform regarding the United Nations, international law, and world order, as President Recep Tayyip Erdoğan has been advocating for years, be built?

Response: Although the first-order implementation of international humanitarian law, human rights law, annd Pax Americana failed at the governmental and international institutional level, their existence was important in awakening çivil society to the gross injustices and crimes that have been inflicted on the Palestinian people. Changes in the public discourse are important, as well, branding Israel, Israeli leaders, and complicit governments as perpetrators of genocide in a particularly overt and sadistic manner. By such reasoning Israel should be sanctioned for violating the Genocide Convention, its leaders be criminally proscecuted, and complcit governmentss be at least censured. This should make Israel and its supporters leading candidates for çivil society pressure to impose boycotts, to express moral and legal outrage, and to suspend Israel from participation within the framework of legitimate sovereign states until a dynamic of peace and reconciliation takes the place of war and genocide. Israel is guilty of unspeakable crimes and a defiance of respect for the norms of civilized behavior. Such an assessment is not meant to excuse Hamas, and its allies, for its alleged atrocities, although provoked and of a dramatically smaller impact than Israel’s post October 9th behavior.

Civil society is a court of last resort that becomes relevant, as here, when the established processes of law are unavailable, or worse, defied. In this regard, the established of the Gaza Tribunal Project to express opposition to what Israel and the West have done since October 7 and to give voice to the disappointment of citizens of conscience around the world that the normative structure of world order, including the UN, could not protect the vulnerable, essentially innocent and much abused Palestinian civilian population and respond to Palestinian grievances with respect to basic rights.

3.You have written more than 10 books on world order, global order, and international law. You also served for many years as the North America Director of the “World Order Models Project.” In nearly 100 years since the fall of the Ottoman Empire, as you put it, “the genocide is a continuation of the Apartheid in Palestine.” What kinds of gaps has the Palestinian genocide exposed in the world order paradigm? What truth has it revealed about the foundation upon which the world order is built? After Gaza, what kind of world order and international legal order do you foresee to prevent humanity from experiencing genocides like Srebrenica, Rwanda, and Gaza again? What is your belief and hope in this regard?

Response: If world order persists in its present form it seems almost inevitable that gruesome repetitions of genocide and other severe atrocities in the future. To transform the structures of authority now entrusted with the management of global security ensures a continuation of behavioral patterns that produce genocide, apartheid, aggression, and are responsible for many economic and ecological crimes will require an unprecedented movement from below by peoples organized through çivil society activism, insisting on a framework of law that has the capacity and will to enforce compliance on the strong as well as the weak. Such a development, admittedly utopian, alone could do away with geopolitics whose defining characteristic is a manageriall approach to global security that treats law and morality as irrelevant when in conflict with strategic interests of the Great Powers, and is by practice as well as theory iss dedicated to geopolitical rivalry that reduces law and morality to the level of propaganda and a policy instrument in the foreign policy toolbox useful to denounce the behavior of adversaries yet irrelevant as a constraint..

As for alll those books. I have been around a rather long time. The world changes and so do I. It is a matter of listening to others and being attenntive to what is happening. In this period of global interactive intensity it is especially important to learn from those who speak from other cultural spaces. Listening does not means abdicating judgment, but it does require making the effort to respond knowledgeably, which does a constant effort to detect and purge the subtle biases of your educational, discursive, and personal background. This is most difficult for we Americans who are trapped between their ‘exceptionalism’ and a dysfunctional militaritst sense of history. We are now living at a time of radical new technological and ecological challlenges that are being addressed, if at all, without taking accoount of long-term thinking, risks, harns, and solutions. We have entered an historical period of unprecedented species hazard, and most national elites are continuing blandly as if ‘business as usual’ was their job description. In some cases, even worse is to acknowledge in rhetoric the dangers that are intensifying, and then acting as if these fundamental challenges do not necessitate profound changes in how we think, feel, and act both individually and collectively.

As for alll those books. I have been around a rather long time. The world changes and so do I. It is a matter of listening to others, especially those who speak from other cultural spaces, and making the effort to respond, which requires learning to address the subtle biases of your own  educational and personal background. I have found this to be most difficult for Americans who are trapped between their claims of ‘exceptionalism’ and a dysfunctional militaritst sense of history. We are now living at a time of radical new technological and ecological challlenges that are being addressed, if at all, without taking accoount of long-term thinking and solutions. This is a time of unprecedented species hazard.    

4.As you know, Palestinian territories before 1967 were occupied by Israel. Regarding the occupied territories, the United States, the European Union, Russia, China, Turkey, the United Nations, and some Islamic countries are advocating for Israel to withdraw to the 1967 borders and for a two-state solution. Does this mean that the lands that Israel seized before 1967 through terror, violence, and Nakba are being accepted? Doesn’t this imply that the forced displacement of Palestinians before 1967, and the massacres and raids carried out by Jewish militias in Palestinian villages, are either ignored or legitimized? How do you assess the period from 1917 to 1967 in terms of international legal principles, the global legal order, and the founding mission of the United Nations? Moreover, since Israel does not accept the two-state solution, how is it that international law, institutions, and countries continue to accept it?

Response: I share your overall assessment of an exceedingly llimited willingness to redress the historic wrongs initially inflicted on the Palestinian people by way of a pre-Holocaust colonialist move on the part of the UK, known to the world as the Balfour Declarration, which was the source of the two original wrongs embedded in the Zionist Project, culminating in the Holocaust and its aftermath: first, an Orientalist disregard of non-Western societal wellbeing. It took the form of solving the problems in Europe caused by antisemitism and Jewish presence by encroaching on the sovereign rights of a non-consenting Muslim majority resident population in Palestine. And secondly, a Zionist resolve based on a politically self-serving biblical interpretation that created a Jewish entitlement to make Palestinians persecuted and unwanted strangers in their existential homeland. By such a logic the surviving native peoples in almost every part of the world dispossessed of their land and sovereignty rights would have an unassailable right to their indigenous pre-modern forms of sovereignty.

Given this background, the UN played its own part in furthering the Western-centric solution in the years after World War II, by way of proposing ‘partition’ of Palestine in a period dominated by the sense of guilt of the liberal democracies and effective propaganda by the Zionnist Movemennt  as well as superior military training, weaponry, and tactics in the 1948 War. For the post-1945 period, Israel emerged as as an expansionist nuclear-armed ‘settler colonial state’ that existentially rejected the co-existence, partition, compromise solutions as put forth in a biased framework controlled by the US, a most partisan intermediary. Israel for public relations reasons pretended to go along with this global consensus while acting to undermine it by its settlements, coercion, land-grabbing, and oppressive apartheid regime of control after 1967. During this process liberal Zionism, the UN, Western countries withheld criticism of Israel’s transparently defiant behavior, and continued their stubborn ineffectual adherence to the mantle of internationalism by way of the two-state mantra dismissing Palestinian resistance and even gestures of accommodation as forms of ‘terrrorism’ to be rejected in practice, colliding with the hidden Zionist vision of later became known as ‘Greater Israel.’ In the interim Israel became useful to the West. It lent muscle and diplomacy to the Euro-American regional priorities of retaining access to Gulf energy reserves at acceptable prices and resisting the spread of Islamically oriented nationalism.

The Gaza Genocide was the latest chapter in the struggle revealing political alignments in unexpected ways: the unity of the Western liberal democracies in their complicit response to such criminality; the passive response of Israel’s most prominent Arab neighbors, prompted by fear of Israel, hostility to Iran, and the links between governing elites and non-Middle East geopolitical actors, mainly the US. Given the size and extremism of the Israeli settler movement, especially in the West Bank, it seems politically naive and irrelevant to advocate a two-state solution even if it requires a Palestinian willlingnesss to swallow pre-1967 territorial and resource injustices and land-grabbing. Overall, the story of the West in the Middle East is a shameful chapter in the long narrative of Western encroachment on the most basic rights of non-Western peoples.   

5.While reading your book on “Humane Global Governance,” which is still in the idea phase and gives you hope, I couldn’t quite distinguish whether humanity or religion is the central focus of globalization. Despite your claim that globalization and secularism are in crisis, do you believe that religion should be utilized or that a humane globalization should be grounded in religion? Since your book also includes the chapter “Why and to What Extent Religion?” let us ask: Why is religion a dynamic factor in your model?

This question poses one aspect of why prescriptive writing about the geopolitical management of global security and relations among dominant states is so contingent on historical circumstances that evolve over time. In certain times and situations religion seems to have emancipatory potential and in others its theocratic governance and exclusionary policies seems dystopian. The same extremes can be observed in the role of secularity as national and global phenomena, which has given rise to visions of peace and justice but by way of geopolitical ambition and technological innovation has caused widespread conquest, exploitation and corruption in what was widely considered a post-colonial world following a wave of successful anti-colonial struggles. I have written of ‘colonialism after colonialism’ as best capturing the excesses of Western militarism and capitalism in this period between the end of the Cold War and the Gaza Genocide. It raises a new haunting question ‘What comes next for specific nations and for humanity as ideal and reality?’

6.In your book “Globalization and Religion,” you briefly address a very intriguing question as a chapter title. I would like to ask you to elaborate on it. The question in the book, if I may quote directly, is: “Does the Western secular state have a future?” If so, why? If not, why not?

Response: This kind of fundamental question requires a book if I were to attempt a comprehensive assessment. A brief response refers to the anti-democratic and regressive trends toward autocratic governance at home and anti-internationalism in foreign policy. Whereas ecological threats and technological developmentss are posing increasing threats of catastrophic futures, political agendas of leading governmennts are preoccupied with the short-term satisfactions and frustrations of the citizenry in the face of growing inequality and of governing elites in terms of geopoliticall rivalry and a stagnancy or worse for Western middle class life styles and expectations. It amounts to shifting ecological and technological problem-solving to future generations that will only survive if new political agendas are enacted under the influence of strengthened structures of global governance that are neither secular nor theocratic, but normative in a radical values-driven format of global-democacy-to-come. Such a benevolent future would depend on governmental elites renouncing narrow militarized forms of security.    

October 7: A Grim Anniversary

6 Oct

[Prefatory Note: Anadolu Agency RAF text on Oct 7; further reflections] 

October 7: A Grim Anniversary

Israel has long been renowned for its ability to shape public discourse

pertaining to its behavior toward the Palestinians, particularly in the West.

Its greatest triumph is undoubtedly the manner with which it managed the

media treatment of its response to October 7 in North America and Europe. Israel’s response was depicted as purely a matter of defensive security against Palestinian terrorists who staged an unprovoked and barbaric surprise attack by Hamas. This public distortion of the event gave the Western governments the political space needed to justify their closed eyes military, diplomatic, and intelligence support of Israel while genocide daily unfolded in Gaza.

This political manipulation of this incident in the long struggle between Israel and Palestine has several different dimensions. Above all, it absolutizes October 7 to create the false impression that peace and quiet prevailed in Gaza until ruptured by this vicious Hamas attack on Israeli villages and civilians gathered for a dance festival. The actual context from a Palestinian point of view couldn’t have been more different, and more objective.

The entire population of Gaza was living under a repressive occupation since the 1967 War as abetted by a punitive blockade imposed in 2007 that caused a steady and deliberate deterioration in the quality of Gaza civilian life that was already one of hardship, danger, and abuse. It is also worth remembering that Hamas was cajoled by Washington to give up armed struggle and pursue its goals by political means to avoid the stigma of its terrorist listing. In this spirit Hamas took part in the Gaza elections of 2006, which it was expected to lose. When it surprised Israel and the US by its success in these internationally monitored elections the result was not welcomed in Tel Aviv, which used its influence in Washington, to keep Hamas in a terrorist box, and the rest is history culminating in the genocidal assault of the past year.

But the history might have been different. Hamas for its part after its electoral success, reinforced by ousting Fatah from its leadership role in Gaza, resorted to diplomacy, seeking a political compromise with Israel reinforced by a long-term ceasefire of up to 50 years, which Israel refused to consider, much less take seriously. This gave Hamas little choice but to surrender its political rights, above all the right to self-determination, or resume its earlier posture of resistance by the means at its disposal.  

Further, from the first day that the extremist Netanyahu far right coalition took over the governance of Israel at the start of 2023 it proclaimed a ‘new Middle East’ which in a map exhibited by Netanyahu just weeks before October 7 erased Palestine. Even then, its main tactic in Gaza was the 2018 nonviolent ‘right of return’ movement, which Israel met at its borders with lethal violence again narrowing Hamas’ choices to surrender or armed struggle. This was a poignant moment when we take account of the fact that 75% of Gaza’s 2.3 milllion inhabitants were refugees or their descendants of the 1948 Nakba.

This course of development is consistent with the Western management of the October 7 event.  First, the early Israeli news releases that greatly exaggerated the atrocities attributed to Hamas were dutifully spread around the world by political leaders and echoed by a compliant media. But more than this, the complete absence of self-scrutiny involving the obvious lapse of Israeli border security helped shift exclusive responsibility to the attackers. This pattern gave rise to suspicions because of widespread reports of reliable warnings given personally to Netanyahu and other Israeli leaders in the days and months before October 7. In light of this it seems highly improbable that the impending Hamas attack was unknown to Israeli intelligence, likely supplemented by surveillance capabilities that could not have missed the training and rehearsals that almost openly preceded the attack.

Finally, it should not be forgotten that in the background of October 7 was the flagrant official greenlighting of settler violence that became part of the West Bank foreground after the attack. In the last days of August Israel unleashed a devastating Gaza-style military campaign so far focused on the West Bank cities of Jenin and Tulkarm.

When October 7 is contextualized, Israeli motivations for a genocidal response become

more plausible. The Hamas attack provided Israel with a pretext for genocide, and increasingly supported an interpretation of this severe violence as ethnic cleansing that should be understood as a prelude to land-grabbing, which helps us understand that the West Bank was always part of the theater of Israel’s military operation. In this sense, interpreters should take a hard look at October 9 (the day that Israel’s response began) if they want to grasp the significance of October 7. Currently, this exposure of ethnic cleansing realities is obscured by an obsessive Western media focus on the tragic fate of Israeli hostages while the larger scenario of Netanyahu extremism evolves beneath the radar.

All along Israel could not have addressed the Hamas challenge as one of pure terrorism without unwavering US and European support, no matter what the human costs and the reputational damage to Western global leadership. To the extent countered, it has been from Islamic sources, centering on Iran but including Hezbollah and the Houthis as active allies of Hamas. October 7 so perceived activated the larger conflict between the West and political Islam, with the Palestinian squeezed between, and for the last year victimized by the worst genocide since the Holocaust.

Among the many unfortunate consequences of the past year has been to weaken gravely the war and genocide prevention reputations of the UN. By ignoring the near unanimous rulings of the juridically respected International Court of Justice, the West showed its contempt for the authority of international law if it clashed with strategic interests. The contrast between insisting on the sanctity of international law in the Ukraine context and its complicity in the Gaza genocide exhibited both double standards and moral hypocrisy. A positive development, including in the Western countries supporting Israel, has been the civil society pro-Palestinian activism that is challenging the disregard of international law and human decency by the Western governments.

Let us hope that the year ahead brings peace and justice to the Palestinian people, the entire region, and the other 50 armed combat realties around the world. 

Reflections on October 7

6 Oct

[Prefatory Note: A commentary on October 7 stimulated by an interview with an independent Turkish journalist, Naman Bakac,]

Q: how do you briefly evaluate the last year regarding the October 7th operation in terms of HAMAS, Palestine and Israel?

Response: For the several months after October 7, Israel’s mastery of public discourse promoted an understanding that allowed Israel to carry out the early phases of its genocidal assault on Gaza with relatively little diplomatic friction in the West but growing discontent among progressive sectors of civil society. Throughout this early period the mainstream media relied on an Israeli optic to promote a one-dimensional misleading appreciation of October 7 as an unprovoked terrorist attack by Hamas terrorists on innocent Israeli civilians accompanied by barbaric atrocities. The atrocity dimension of the Hamas attack was gradually scaled back but without eroding governmental support for Israel in the West led by the US, but with the backing of UK, France, Germany, and most other Western states.

What was missing in this phase of basically unquestioning support for Israel was critical media treatment that did more than blandly report Israel’s version of the facts through endless TV time given over to Israeli government spokespersons, retired military and intelligence officials commenting on the progress of Israel’s supposed retaliatory campaign, and pro-Zionist opinion columnists writing for such established media platforms as the New York Times, Washington Post, The Economist. Except for rather obscure online platforms there was no space given to critics who pointed to the pre-October 7 extremism of the Netanyahu government focused on making the West Bank unlivable by unleashing settler violence and setting its sights expansively on a one-state Greater Israel solution.

The demonization of Hamas went completely unchallenged although it has been persuaded by the US Government to compete in the 2006 Gaza legislative elections in Gaza as a path if taken by Hamas would lead to political normalization, understood to include removal from the terrorist list. Yet neither Washington nor Tel Aviv expected Hamas to prevail in these internationally monitored elections, and when they did, and Hamas later displaced the corrupt Fatah presence in Gaza, Israel went to work reversing the reassurances given to Hamas prior to the elections, refusing to honor the results, imposing a comprehensive blockade on Gaza in 2007, which continues in effect and amounted to a cruel extended  form of collective punishment of the entire Palestinian population of the Gaza strip, 75% of whom were refugees from the 1948 War denied their right of return under international law. Only very recently has there been some attempt to present Hamas in a balanced manner, most notably in a book co-edited by Helena Cobban, Rami Khouri, and David Wildman, entitled Understanding Hamas and Why That Matters (OR Books, 2024).

My own views on Hamas were influenced by meetings ten years ago with Hamas leaders in Doha, Cairo, and Gaza City while I was acting as the UN Special Rapporteur on the Occupied Palestinian Territories.  I was impressed by the intelligence and moderation of these Hamas officials that I remain convinced that they were not putting on ‘a show’ to mislead a minor UN official. In these discussions two elements were stressed—first, the need for a political alternative to the resumption of armed struggle for the sake of both Palestine and Israel, and secondly, a long-term ceasefire coupled with an Israeli withdrawal from the Occupied Palestinian Territories of Gaza, West Bank, and East Jerusalem as a formula for long-term stability. Turkey more than other countries at the time sought covertly to mediate between Hamas and Israel under the leadership of its star diplomat, Ahmet Davutoglu (later Turkey’s Foreign Minister and Prime Minister), with hopes that some accommodation could be agreed upon, bringing stability and hope to the region and a recovery of some limited sense of normalcy to the long oppressed Palestinian people, now to the people of Lebanon, Syria, Yemen, and most of all, Iran. Yet, as events since 2006 have darkly demonstrated, this was not to be. Quite the contrary!

Undoubtedly, the worst distortion in these first months after October 7 was the insistence in the Western liberal democracies that the use of the word ‘genocide’ in connection with Israel’s military operation was defamatory, an instance of ‘hate speech’ that warranted punitive responses such as formal retractions, student dismissals, faculty suspensions, and forced administrative resignations. ‘Playing it safe’ in many corporate and governmental settings meant keeping silent about Israeli atrocities except in private conversations among trusted friends. Western governments accentuated this anti-democratic turn by exerting pressures on educational administrators and government employees.

Not mentioning genocide was to ignore the proverbial elephant in the room. Numerous statements by top Israeli political officials and military commanders made no secret of their genocidal intent. On October 9, Israel’s Minister of Defense, Yoav Gallant, announced ‘a total siege’ of Gaza applicable to food, fuel, and electricity. He explained that when ‘fighting human animals’ it is necessary to treat the adversary accordingly. Prime Minister Netanyahu invoked the bloodiest chapter in the Bible justifying revenge against the Amalekites: “Do not spare them, put to death men and women, children and infants, cattle and sheep, camels and donkeys.” Modern Torah teaching generally interprets this troublesome passage metaphorically or as a message intended to address the evil within Jews, but for the far right, including cabinet members of the Netanyahu coalition, the Amalek passage is taken literally and has long served as justification for killing all and any Palestinians.

When reinforced by tactics exhibiting disregard for Palestinian vulnerabilities, the inference of genocide was unmistakable, so much so that even the juridically cautious ICJ gave a preliminary nod in the direction of acknowledging genocide in their rulings of January 26 in response to the South African initiative seeking resolution of its contention that Israel was violating the Genocide Convention of 1951. Of course, Israel rejected these genocidal allegations by its usual tactic of castigating the motives of critics, insisting as always, that it was confronting worldwide antisemitism as well as Hamas terrorism, which it characterized as ‘genocide’ in a willful effort to reverse perceptions.

After this early period of mind control and public confusion, Israel gradually lost control of the discourse except in the Western elite circles where opinion bent somewhat, but in a manner coupled with irresponsible continuation of support. Israel shifted the focus to the plight of the hostages seized on October 7, and admittedly subjected to a harrowing experience of captivity and Israeli bombardments often ending in their death. Such a humanitarian concern about the fate of the hostage is fully justified although typically diluted by Western silence about the unspeakably abusive detention of

several thousand Palestinians on scant or no charges.

Even the European members of NATO were induced by popular protests in their own countries increasingly to abstain rather than openly side with Israel in UN ceasefire votes, leaving only the US and Israel firmly opposing any pronounced criticisms of Israel even if after the near unanimous Advisory Opinion of the ICJ on July 19 condemned Israel’s occupation of Palestinian territories as unlawful for multiple reasons. This ICJ pronouncement was given a strong measure of approval in a resolution adopted by the General Assembly on September 17 by a vote of 124-14, with 43 abstentions. To be expected, the US and Israel were among the 14, while the European countries abstained.

Such a new objectivity was also evident in the gradual rise of civil society opposition to what Israel is doing in Gaza and throughout its region. It is not yet robust enough to penetrate the bipartisan support given to Israel by the US, although the media is slightly more willing to expose the daily cruelty of Israel’s tactics, but still habitually cushioned by Israel’s official accounts that whitewash Israel’s controversial tactics by raising their often unsupported claims of Hamas responsibility by way of their siting of tunnels and human shields. The media rarely invites spokespersons for the Palestinian side or strong civil society critics of Israel to its most prestigious platforms.

Perhaps, the most vivid demonstration of this Phase 2 of the Israeli genocide was the widespread protests on college campuses around the world, having the indirect effect of exposing the widening gap between what the governments of the West support and what a growing proportion of their citizenry believe and favor. Israel’s loss of control over the public discourse is unprecedented and coupled with the increasing weight of authoritative interpretations of international law within the UN framework that underscores both Israel’s unlawful behavior of the past year and its underlying unlawful occupation policies, and lingering presence since 1967, as the Occupying Power of Gaza, the West Bank, and East Jerusalem. The US has during the year over and over again given its endorsement to Israel’s strategic moves and occupation policies at the cost of disregarding international law. When coupled with its indignant insistence on international law compliance by Russia in the Ukraine context, the US made clear that it will not hesitate to use international law to attack adversaries while dismissing it when an international ally’s behavior is unlawful. This is clearly a glaring instance of double standards and moral hypocrisy, reducing international to a policy instrument rather than a regulative norm.

In conclusion, the more we learn about October 7, the more suspect becomes the official rationale for Israel’s ferocious response.  An independent international investigation is long overdue. How can the  ‘security lapse’ that let the attack happen acknowledged recently by Israel be reconciled with the warnings Israeli leaders received from Egypt and the US, undoubtedly confirmed by Israel’s surveillance and intelligence capabilities in Gaza. The inevitable skeptical views directed at the Israeli retaliation was given immediate credibility by the scale and intensity of the Israeli response that seemed to offer a pre-planned pretext to escalate pre-October 7 plans to establish Greater Israel from the river to the sea facilitated by the forced expulsion of as many Palestinians as possible.

At present, it seems almost foolish to anticipate that October 7, 2025 will be a time to look back on the despair of 2024 as a grotesque anomaly in human experience, but it is not foolish to pray that it might be so.

Israel’s Bloody EndgameS

4 Oct

[Prefatory Note: This post was initially published on the TRT World website on September 30th, having been edited by Shabrina Khatri. It has

been modified to take account of subsequent developments in the region including the assassination of Hassan Nasrallah in Beirut and a widening onslaught against Hezbollah, while tensions mount with Iran. These developments have also affected the US relation to the conflict.]

Netanyahu’s bloody endgame seeks a future Israel with a Minimum   Palestinian Presence

In the face of mounting global criticism, Israel is stepping up its military offensive in Lebanon, continuing its genocidal violence against the Palestinians and even intensifying its attacks on the Houthis in Yemen.

AFP

Israeli Prime Minister Benjamin Netanyahu holds maps as he speaks during the 79th Session of the United Nations General Assembly at the United Nations headquarters in New York City on September 27, 2024. that erase all traces of a Palestinian claim to statehood and the exercise of their right of self-determination.

Israel in the year since the Hamas-led attacks on October 7 has insisted that it is motivated only by anti-terrorist goals in its original pledge to exterminate Hamas, and more recently expanded by the commitment to destroy Hezbollah as a credible adversary, and in the process weaken its most feared adversary, Iran. Its evident incidental purpose has been to cast Hamas, Hezbollah, and Yemen’s Houthis as proxies for arch-enemy Iran, which stands accused of being the main enabler of “anti-Israeli terrorism” in the Middle East, a coalition of militias and political groups in the Middle East, most on Western lists of terrorist organization, and alleged linked to Iran, and less so Syria, as a so-called ‘axis of resistance.’

Casting new dark clouds over the observance of the grim anniversary of October 7, is the Gaza-like onslaught carried out by Israel in recent months against alleged Hezbollah targets in southern Lebanon, and extending to the Hezbollah controlled neighborhoods of south Beirut.

This latest phase of Israeli hyper-violence culminated in the deadly pager/radio attacks followed days later by the assassination of Hezbollah’s longtime leader, Hassan Nasrallah on September 27. And this was one year after the United Nations Secretary General spoke of the world “as becoming unhinged as geopolitical tensions rise.”

Amid this preoccupation with daily reports of atrocities and severe, massive civilian suffering, a question is recently being posed in reaction to the prolonged excessiveness of Israeli violence coupled with its stubborn refusal to accept the near universal call at the UN and elsewhere for a Gaza ceasefire tied to a hostage/prisoner swap deal: What is Israel’s strategic objective that is worth this much sacrifice in its global reputation as a dynamic and legitimate, if controversial, state?

And lurking behind this unnerving question is a related anxious query: does Israel have an endgame that might vindicate, at least in its eyes, this self-sacrifice along with its sullen acceptance of the criminal stigma of credible allegations of apartheid and genocide, as well as the laundry list of crimes against humanity and its crude defamation of the United Nations?

Netanyahu’s endgame

Last week, Israeli Prime Minister Benjamin Netanyahu appeared in New York to delivered an angry, arrogant speech before a UN General Assembly. Netanyahu managed to blend bitterness toward Israel’s UN critics with an Israeli vision of peace that seemed better treated as a delusional Israel victory speech.

In a diversionary attack, Netanyahu began his remarks by referring to the UN as “a swamp of anti-Semitic bile,” a racist filter through which any allegation against Israel, however perverse, could gain “an automatic majority” against what he pointed out was the world’s only Jewish-majority state “in this flat-earth society” that is the UN. An allegation that seemed to imply that Israel could do no wrong internationally, and if any serious charges were mounted against Israel, no matter how well evidenced, they would be dismissed as nothing more than another instance of antisemitic racist barbs.

AFP

Israeli Prime Minister Benjamin Netanyahu speaks during the 79th Session of the United Nations General Assembly at the United Nations headquarters in New York City on September 27, 2024.

It was in this strained atmosphere that Netanyahu chose to announce his grandiose vision of an Israeli endgame that he claimed would alone bring peace and prosperity to the region. What Netanyahu presented to the almost empty UN chamber (because many delegates left in protest of his speech) was a geopolitical package tied together with the verbiage of “the blessings of peace.”

It was essentially a manifesto in which stage one involved the destruction of Israel’s active adversaries, the proxies of Iran. It was to be followed by a stage two “historic peace agreement with Saudi Arabia” presented as a dramatic sequel to the Abraham Accords reached in the last period of Donald Trump’s presidency four years ago.

These words celebrating the emergence of “a new Middle East” were hyped by Netanyahu, who said, “what blessings such a peace with Saudi Arabia would bring.” Other than those who wanted to be fooled by such an envisioned endgame, informed persons realized it was little other than a crude example of state propaganda with little chance of happening and almost no prospect of delivering a bright, peaceful, prosperous future to the peoples of the region.

Netanyahu displayed a map of his new Middle East that assigned no presence to Palestinian statehood, even though Saudi Arabia has recently indicated that it would not establish peace with Israel until a Palestinian state existed.

Such an omission was not an oversight. The Netanyahu coalition with the far-right religious parties led by such extremists as National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich would collapse the instant any genuine commitment to Palestinian statehood was officially endorsed. It is impossible to believe that Netanyahu was unaware of this constraint, and so it seems unlikely, to put it mildly, that he expected any enthusiasm even in Washington for his vision of a peace-building endgame. The US had long hidden its Israeli partisanship behind the two-state mantra that was also a UN consensus that substituted piety for realism.

Probing Israel’s real endgame

Underneath the public relations idea of Israel’s endgame lies a worrisome reality. Even before the Netanyahu government took over at the beginning of 2023, it was evident that Israel’s political agenda was in hot pursuit of a publically undisclosed endgame that would complete the Zionist Project after a century of settler colonial striving.

This first became clear as a publicly endorsed goal when Israel’s government introduced a quasi-constitutional Basic Law in 2018. With it, Jewish supremacist rights were written into Israeli law as conferring the right of self-determination exclusively on the Jewish people, establishing Hebrew as Israel’s sole official language, and extending Israeli protective sovereignty to the occupied West Bank settlements that had been declared ‘unlawful.’

It was this legislative action by the Knesset that confirmed an Israeli endgame of a one-state solution widely known as “Greater Israel,” a formula for extending Israel’s sovereignty over the occupied West Bank and East Jerusalem in violation of international law and the UN consensus, including that of most Western countries.

Such a Basic Law cannot be changed in Israel, which lacks a written constitution, by normal legislative action, but only by a later overriding Basic Law.

When the Netanyahu coalition took over in January 2023 there were provocative signs that this 2018 Basic Law would be coercively expedited as Israel’s number-one priority. It was initially signaled by the informal, yet unmistakable, greenlighting of settler violence in the occupied West Bank with the pointed frequently articulated message to Palestinian residents: “leave or we will kill you.” This violence was tolerated by the IDF, which on some occasions joined in, without even producing a fake censure from Tel Aviv.

In September 2023, Netanyahu’s UN speech featuring a map of the region with no Palestine was reinforced by feverish diplomatic efforts to secure an Abrahamic normalization with some Arab states, further indications to establish so-called “Greater Israel”. These acts along with provocations at the Al Aqsa Mosque compound helped set the stage for the Hamas-led attack on October 7, an event itself now veiled in ambiguity that can only be removed by an international investigation.

Miscalculations on both sides

The world at first largely accepted, or at least tolerated, Israel’s version of October 7, including its retaliatory rationale given an international law cover as an exercise of the “right of self-defense”.

As further information became available, the original Israeli rationalization for its response to October 7 became problematic. It was established that the Netanyahu leadership had received several reliable warnings of an imminent Hamas attack.

After months of training including rehearsals of the Hamas attacks, it strains credulity to accept the official version that Israel’s world-class surveillance capabilities did not detect the impending attack. Further, the immediate magnitude and severity of the Israeli response raised suspicions that Israel was seeking a pretext to induce the forced evacuation of Palestinians from Gaza to be followed by their forced exit from the occupied West Bank.

These developments established a credible prelude to the formal establishment of “Greater Israel”, and the attainment of Israel’s real endgame.

In retrospect, both Hamas and Israel seem to have seriously miscalculated. Israel seems to have counted on genocidal violence producing either political surrender or cross-border evacuation, and a new wave of Palestinian refugees.

,,

Having endured so much, it is hard to envision any kind of acquiescence by the Palestinians, however decimated by the Israeli onslaught, of an endgame that doesn’t include the establishment of a viable Palestine political future.

Israel underestimated Palestinian attachment to the land and to the indignity of being made unwanted strangers in their own homeland, even in the face of total devastation. Israelis undoubtedly anticipate the growth of hostile public opinion around the world after an initial grace period after October 7 of indulging Israeli violence, given the widely endorsed accounts of atrocities inflicted and hostages seized in the Hamas-led attack.

On its side, Hamas underestimated the ferocity of the Israeli response apparently because it conceived of its attack in normal battlefield action and reaction patterns, and not linked to a grandiose Israeli endgame scenario.

Israel’s hollow claims of victory suggest that the Netanyahu coalition is as committed as earlier to the “Greater Israel” endgame, with the enlargement of the combat zone to include Lebanon, and maybe even Syria and Iran, as parts of the Israeli endgame quietly enlarged to include what is being called ‘restored deterrence.’

Having endured so much, it is hard to envision any kind of acquiescence by the Palestinians, however decimated by the Israeli onslaught, of an endgame that doesn’t include the establishment of a viable Palestine political future. This could be either a co-existing Palestinian state with full sovereign rights or a new safeguarded one-state confederation based on absolute equality between these two peoples with respect to the totality of human rights.

In conclusion, the political conditions do not currently begin to exist for an endgame that would satisfy the minimum expectations of both peoples.

Israel Exposes Its Political Agenda: ‘land’ not ‘security’; Gaza as Prelude, West Bank as Prize

31 Aug

[Prefatory Note: Modified responses to questions posed by Rodrigo Craveiro, a journalist with the Brazilian newspaper, CORREIO BRAZILIENSE, on 8/29/24, addressing the concerted Israeli military operation, extending the tactics and devastation of its attack on the Gaza Strip since last October, to the occupied West Bank. Again, Washington’s silence is almost as dismaying as Israel blatant disregard of law and standards of decency.] 

  1. I would like to quote you on this military operation in West Bank. How do you see that? What was the purpose?

From the outset of Israel’s response to the October 7 attack, I believed that it was being used as a pretext for ‘ethnic cleansing’ to induce massive departures of the resident Palestinian populations from the three Occupied Palestinian Territories (OPT), with a long undisclosed priority being systemic expulsion coupled with massive devastation of the West Bank. It should not be forgotten that when the Netanyahu coalition at the start of 2023, that is, months before the Hamas attack, took over occupation and administration of the OPT it was viewed even in Western circles as the ‘most extreme’ in Israel’s history. What made it extreme from Day One were two characteristics: the appointment of Itmar Ben Gvir and Bezalel Smotrich, leaders of the far right religious Zionist parties in the Netanyahu coalition insistent on an ethnic cleansing agenda, as the chief administrators of Occupied Palestine, and the closely associated greenlighting of West Bank widespread settler violence in West Bank villages while the political leadership in Israel smiled obligingly.

What could be clearer than that the Zionist Religious Right was persuaded to join the Netanyahu coalition because it was given unconditional assurances that a Jewish supremist state would be pursued to complete the Zionist Project of establishing Greater Israel in all of the Promised Land. The prominence given Ben Gvir and Smotrich and the intensity of settler violence could not have been a clearer signal that two-staters were pursuing a Zombie solution, and yet the somewhat sullen silence of Diaspora liberal Zionism in the face of these developments exposed both liberal delusions and its self-righteous superficiality. The liberal approach was always more about us in the Diaspora than about ‘them’ (including even Israeli Jews but certainly the Palestinians long recruited against their will to make the major sacrifices to allay the guilt feelings of the Western democracies for hardly lifting a finger in opposition to the grotesque excesses of European antisemitism).

The Israeli response in Gaza over the last 11 months has horrified most peoples of the world, especially of the Global South, while enjoying the active complicity of the liberal democracies of most elites in the Global West. It has now reached a stage where it has undermined Israel’s reputation as a legitimate political actor, creating a vital decision point, signaled by these lethal attacks on the West Bank cities of Jenin, Tulkarm, and Juber. The IDF commander of this latest military operation, Lt. Col. Nadav Shoshani, was quick to point out to the media that this was not an isolated incident to discourage Palestinian militancy but the beginning of a sustained military operation in the West Bank. This represents both a military and political escalation motivated by a commitment ‘to finish the job’ while regional and global anti-Israeli sentiments are already at fever pitch, but now ‘the job’ is revealed to the more attentive public to be what it has always secretly been, a campaign to achieve the coercive incorporation of the West Bank into Israel. This enlarged view of ‘the job’ that American pro-Israelis were earlier tricked into believing they were supporting, which was supposedly limited to the destruction of Hamas as a terrorist political actor and the elimination of its leaders, effectively propagandized as dehumanized  ‘terrorists.’

The Israeli leadership as ever master of shaping the public discourse, still seeks to pull wool over eyes by describing this escalation of the scope of their post-October 7 rampage, insist on justifying their West Bank behavior as directed at West Bank Palestinian militancy. Any fool knows that the most effective way to achieve such a result would be to rein West Bank settler violence, but that is not even part of the conversation. It should not be forgotten that from the perspective of international law the West Bank remains an Occupied Territory subject the 4th Geneva Convention that prohibits Jewish settlements, collective punishment, and imposes legal duties on the Occupier to uphold the safety, security, and material health and wellbeing of an Occupied People. This reading of international law as it pertains to the West Bank was given an authoritative confirmation in the July 19th Advisory Opinion of a nearly unanimous International Court of Justice, which was met in Tel Aviv with a show of condescending scorn and in Washington by looking away altogether.

Even the brave, knowledgeable, and perceptive current UN Special Rapporteur, Francesca Albanese, who rarely takes a false step bought into the core of the Israeli public narrative when she described this surge of official Israeli violence as “a serious pattern parallel with what is happening in the Gaza Strip” in the course of an interview with Drop Site News. I believe it is not parallel but integral to the politics underlying Israel’s response to October 7, which from the outset set up its campaign to induce a new nakba in the West Bank, preceded by this genocidal sideshow in Gaza. In effect, Gaza was Act 1 in a political theater piece of at least two acts.

From this follows my judgment that virtually the entire Israeli response since October 7 has been about land and only incidentally, if at all, about security, except in the secondary sense of warning (or deterring) regional enemy attacks, which means mainly Iran . If security had been the primary concern there were much less bloody and more effective and legally acceptable ways to go about a response: tightening border security, using sophisticated intelligence/surveillance skills to control opposition and resistance in Gaza, and even seeking a normalization of relations based on mutual respect for international law. Relevant here is the near unanimous July 19 Advisory Opinion of the International Court that clearly set forth multiple reasons for regarding Israel’s continued occupation of Gaza, East Jerusalem, and the West Bank as unlawful, calling on the UN and UN member states to implement its rulings, and on Israel to comply.

If my conjectures are even only partly a corrective of the official version of the Hamas attack, it makes essential an official, trustworthy international investigation of what  really happened on October 7 and how it was decontextualized to serve Israel’s need for a self-serving rationale of the violence that was unleashed for reasons other than the attack. In retrospect, it seems clears that the events themselves were hyped in ways that invalidated criticism of Israel’s behavior and did not contextualize the attack in relation to pre-October 7 recent and structural provocations, the validity of resistance against settler colonialism, and the prolonged nature and severity of Israeli collective punishment of Gazans, the denial not only of rights of self-determination but of rights of return. 

A final observation in the form of a conjecture. US diplomacy used its leverage to discourage further Israeli provocations of Iran to lessen risks of being drawn into a regional war. In exchange, Israel was quietly assured that if it extended the Gaza military operation to the West Bank it would not meet with significant governmental resistance from the US or Europe. In other words, it could get away with completing its master plan of extinguishing the territorial existence of Palestine as well burying the prospect of Palestinian statehood in any viable form once and for all.

  • Do you see the risk of a third intifada after what is happening in Gaza and West Bank?

I believe the greater threat as of now is of a second nakba (catastrophe) involving confronting Palestinians in Gaza and the West Bank with a choice between enduring genocide or fleeing across borders to neighboring Arab countries; so far, Gazan have withstood the pressure to leave, and enduring the unspeakable alternatives of genocide or a permanent refugee status. Such an outcome would be a further stage in a process that goes back to pre-Israel Zionism, which is to make Palestinians so persecuted in their own country that many are compelled to flee for safety across international borders as happened in 1948, and under international law unlawfully denied any right of return.

Such an exclusionary second nakba is not necessarily inconsistent with a third intifada, which would be more like the second than the first, that is it would include armed resistance. What probably prevents a new intifada, which would undoubtedly enjoy more sympathy and gain greater support than the earlier two, is the absence of Palestinian political will to expose themselves to an even more extensive genocidal response.

Beyond this, the resolution of East Jerusalem still awaits further action. Almost off camera have been exhortations and symbolic encroachment on the Al Aqsa compound by settler extremists. Even a wider religious war cannot be ruled out if the Netanyahu coalition continues to call the shots when it comes to the Palestinian future.

  • The Israeli leader, Benny Gantz claimed it´s necessary to repeat in West Bank the military strategy for Gaza. How do you see that?

As with other Israeli leaders, Gantz is using a security rationale for what is better understood as a land-grabbing and people-emptying undertaking. As argued above the overriding purpose of Israel’s behavior since October 7 is to take advantage of the attack (as its propaganda specialists have portrayed it) to address the primary Zionist agenda item of establishing Greater Israel as a Jewish supremist state stretching from at least the Jordan River to the Mediterranean Sea, a pre-Netanyahu image of Israeli sovereign territory explicitly embedded in a 2018 Basic Law adopted by the Knesset.

The difference between the Israeli mainstream and the Netanyahu-led extremists is best interpreted as one of style and patience, not substance. The dominant expectations of opposed Israeli establishment groupings raise questions of religion and Jewish tradition, but more fundamentally about power in controlling state/society and international relations of Israel’s government.

Rodrigo Craveiro

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The Responsibility of Western ‘Liberal Democracies’ for Gaza Catastrophe

13 Aug

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[Prefatory Note : This is the text of an interview with Mike Billington of the Schiller Institute modified for clarity and style, with no changes in substance.]

 Richard Falk: Western “Liberal Democracies” Responsible for Genocide in Palestine

Mike Billington : This is Mike Billington with the Executive Intelligence Review and the Schiller Institute. I have the pleasure of having an interview today with Professor Richard Falk, who has done another interview with us earlier. He is a professor emeritus at Princeton, among other positions he holds in institutions around the world, mostly peace related. Between 2008 and 2014, he was the UN Special Rapporteur for Palestine. So, given the circumstances that we have today in the Middle East, it’s a very timely moment to have a discussion with Professor Falk. So let me begin with that. Professor, the assassination of Haniyeh today in Tehran is clearly a sign that Israel is trying its best to get an all-out war with Iran started, but also, it’s the fact they just killed the person who was leading negotiator with Israel for peace in Palestine. So what are your comments on that?

Prof. Falk: I agree with your final sentences that this is certainly either gross incompetence on Israel’s part or a deliberate effort to provoke a wider war. And a shady effort by Israel to compel the engagement of the United States in Israel’s multiple struggles in the region. One should also refer here to the double assassination. Not only Haniyeh, but Nasrallah’s right-hand assistant and prominent military commander, Fouad Shukra, who was killed 2 or 3 days ago, in Beirut. And so now Israel in successive inflammatory assassinations attacking the capitals of Lebanon and Iran, certainly signaling an almost intentional search for some kind of escalatory response. The Supreme Leader of Iran has already declared that that Iran will arrange — he didn’t go into detail — arrange an appropriately harsh response, in retaliation for Israel’s criminal act. In the Lebanese context, Nasrallah and Hezbollah deny the Israeli justification for the attack, which was the missile that landed in the Golan Heights a few days earlier, killing several Syrian children playing on a soccer field. It almost certainly was not intended as the target by whoever fired the missile, which is still being denied by Hezbollah. The very explosive situation in the Middle East — perhaps the assassinations were motivated by the wish to distract attention from Israel’s failure to destroy Hamas and Netanyahu’s unpopularity in Israel. At best, this is a very dangerous way of proceeding because a multi-state war in the Middle East will bring widespread destruction , including likely attacks on Israeli cities, something Israel has avoided over the course of its existence. This may yet be a dramatic turning point for the worse in the whole experience of Israel’s defiance of international law, international morality and just plain geopolitical prudence.

Mike Billington : You have been a very outspoken supporter of the role of the International Court of Justice, ICJ, and their rulings, including the decision on the South African petition that Israel is guilty of genocide in Gaza; the issuing of arrest warrants on both Israeli and Palestinian leaders; and more recently, the verdict that the entire occupation of the Palestinian territories has been illegal from the beginning, ordering it to end the occupation and withdraw the settlements. But of course, Israel has ignored them totally, while the US and the EU have equally ignored them. As you pointed out in one of your articles, Bibi Netanyahu even said “No one will stop us,” from driving all the Palestinians out or killing them. What can be done overall to deal with the Gaza genocide?

Richard Falk: Well, it is, of course, a terribly tragic moment for the Palestinian people who are faced with this grotesquely sustained and executed genocide, that has now gone on for more than nine months on a daily basis. As your question suggests, Israel has been crucially backed up throughout this process by the complicity of the liberal democracies, above all the US. And so long as that power relationship persists, it’s very unlikely that an effective intervention on behalf of Palestine, or to stop the genocide, can be organized and implemented. From that point of view, these judicial rulings, although they give aid and some comfort to supporters of Palestine are not able to influence the situation on the ground, which continues to be horrifying. At the same time, the rulings are important in depriving Israel and the West of complaining about Palestine and Hamas as violators of international law, including ‘terrorist’ accusations. In other words, by reliably finding that Israel is in gross violation of international law and by issuing arrest warrants, global judicial procedures deprive these aggressive countries from opportunistically using international law as a policy instrument the way they have against Russia in the Ukrainian context. It also influences media discourse and civil society behavior, particularly activists throughout the world, who feel vindicated and challenged to do more by way of pro-Palestinian solidarity initiatives.

There exist a variety of initiatives underway in civil society that not only brand Israel as a rogue state, but also propose nonviolent acts of boycotting, divesting, and shows of opposition, highlighted by the activism of students in university campuses around the world giving rise to repressive responses by pro-Israeli elites in and out of government. This has become quite a distinctive phenomenon — even during earlier student activist periods involving South African apartheid and the Vietnam War, there wasn’t nearly as much passion or such animated expressions of civil society activism. This is now a near universal reaction, including a growing portion of citizens in the country whose governments are complicit in supporting Israel’s commission of genocide.

Also prresent is a contested and growing gap between what the citizenry wants and the government is doing. This gap was highlighted and dramatized by the scandalous, honorific speech that Netanyahu gave last week to a joint session of Congress, where he received a hero’s welcome, frequent standing ovations, thunderous applause and cordial meetings in the White House with Biden and Kamala Harris. It was widely observed that Harris abandoned protocol by not attending the joint session of Congress over which the vice president ordinarily presides whenever a foreign leader is making such an address, and the Netanyahu visit was met be large protests in the streets of Washington.

Mike Billington : Your friend, and mine, Chandra Muzaffar, who is the founder and the head of the International Movement for a Just World based in Malaysia, has written a letter to all member nations of the UN noting, as you have also, that the West is ignoring the evil in Gaza, and called on the UN General Assembly to act upon Resolution 377, which, as I understand it, allows the General Assembly, when the Security Council fails to take action to stop a disaster against peace, to act in its own name, to deploy forces, I think unarmed forces, to intervene. You are, among other things, a professor of international law. What is your view of this option?

Prof. Falk: There is that option, that was adopted in the Cold War context of the Korean War, with the objective of circumventing future Soviet vetoes. GA Res. 377 was thought initially to give the West a possibility of nullifying the Soviet veto and mobilizing the General Assembly to back Western positions. As the anti-colonial movement proceeded, the US in particular became more and more nervous about having an anti-capitalist General Assembly empowered to act when the Security Council was paralyzed. To my knowledge that Resolution 377 has never been actually invoked in a peace – war situation. I think there is a reluctance to press the West on this kind of issue, because it would require, to have any significance, a large political, military, and financial commitment, as well as a difficult undertaking to make effective. So I’m not optimistic about such a move to empower the General Assembly . I think the law can be interpreted in somewhat contradictory ways, as is often the case, particularly where there’s not much experience. But I don’t think the political will exists on the part of a sufficient number of governments to make the General Assembly act on behalf of Palestine. I think in general making the UN more effective and legitimate, empowerment of the General Assembly would be desirable and should be supported by people that want to have a more law governed international society, but preferably without relying on this Cold War precedent

.

Mike Billington : On that broader issue, do you have any hope or any expectation that the UN in general will be reformed in the current crisis situation internationally?

Prof. Falk: I’m skeptical about that possibility. The forthcoming UN Summit of the Future on September 22-23 is dedicated to strengthening the UN. This is an initiative of Secretary-General Guterres that seeks to discuss some ambitious ideas about UN reform, enlarged participation by civil society and more democratic, transparent procedures for UN operations. But my guess is that the Permanent Members, and probably including China and Russia, will not push hard for such major development. Each of the P5 states seems to believe that their interests are better protected in a state-centric world, even if geopolitical managed, than they would be in a more structured world system operating according to a  more centralized authority structure. It might  become even more susceptible to Western domination and manipulation than is the case with present arrangements.

Mike Billington: On the US situation, you issued a public letter to Kamala Harris soon after Biden dropped out of the race. There and elsewhere, you have denounced what you called the “diluted optimism” of President Biden, who talks about American greatness and the great future America is looking forward to, and so forth. You called it: “a dangerous form of escapism from the uncomfortable realities of national circumstances and a stubborn show of a failing leader’s vanity.” you express some hope that Kamala Harris will dump the Biden team of Blinken and Sullivan. Who do you think could possibly come to be her advisors? Who could, in fact, change the failed direction of the Biden-Harris administration?

Prof. Falk: You raise a difficult issue, because effective governance involves balancing various pressures from without and within the apparatus of the state. I think Harris knows and respects these constraints, aware that even an elected leader is restricted, encountering resistance if public policy dissents from the main tenets of the Washington Consensus. Harris’s policy choices are restricted because those that are prominent enough to be eligible for confirmation in the top jobs are either conforming to this geopolitical realism, or they’re regarded as too controversial to get by the congressional gatekeepers and survive media objections. In fairness to Harris, or any leader for that matter, it’s a difficult undertaking to make American foreign policy particularly more congruent with the well-being of people and more oriented toward sustaining peace in a set of dangerous circumstances that exist in different parts of the world. And, of course, the Israeli domestic factor is probably also at least a background constraint. In light of this, the best that I could hope for, realistically, is some critical realist personalities like John Mearsheimer or Anne-Marie Slaughter, or possibly Stephen Walt. These are people that have been more enlightened in their definition of national interest and more critical of the Jewish lobby and of other manipulative private sector forces. But they’re strictly, and properly, categorized as realists, A more progressive possibility, but probably still too controversial for serious consideration, would be Chas Freeman despite his distinguished diplomatic background. Obama wanted to give him an important position in the State Department. But he was perceived even in 2009 at that time as sufficiently controversial as to be blocked, and Freeman’s proposed appointment was withdrawn. Obama himself is an outside possibility. He’s privately let it be known that he’s quite critical of the way in which Israel has behaved in this period. He is oriented toward domestic policy yet would like to promote a more peaceful, less war oriented world. But whether he would be willing to play that kind of role, having been previously President is uncertain, and whether Harris would want such a strong political personality within her inner circle remains uncertain. Possibly, if he was willing, he could be the US Ambassador at the UN or some kind of other position. But it’s strange that in a country of 330 million people, there are so few individuals can both back a progressive foreign policy agenda and get by the gatekeepers, a part of whose job is to make sure that more progressive voices are not appointed to top foreign policy positions. So, for instance, someone like Chomsky or Ellsberg, if heallthy, would be perhaps amenable to serving in a Harris government. And she might be eager to chart a somewhat independent path and give more sensitive attention to foreign policy and more support to the people that have been suffering from inflation and other forms of deprivation resulting from a cutback in social protection that has occurred in the last decade or so.

Mike Billington : In a more general sense, you’ve been critical of what you call the “incredible stance of Democratic Party nominees to be silent this year about the world out there, beyond American borders, at a time when the US role has never been more controversially intrusive.” As you know, Helga Zepp-LaRouche, the head of the Schiller Institute, has initiated an International Peace Coalition (IPC) which is aimed at addressing that problem, bringing together pro-peace individuals and organizations from around the world, many of whom have different political views, but to put aside those differences in order to stop the extreme danger of an onrushing nuclear conflict with Russia, and also possibly with China, and to restore diplomacy in a West which has fully adopted the imperial outlook of the British Empire, which they now call the “unipolar world.” How can this movement be made strong enough to make those kinds of changes in the paradigm?

Prof. Falk: That’s an important challenge. There are other groups that are trying to do roughly parallel things. I’ve been involved with SHAPE [Save Humanity And Planet Earth], the group that Chandra Muzaffar is one of the three co-conveners along with Joe Camilleri [and myself]. But it’s extremely difficult to penetrate the mainstream media, and it’s very difficult to arrange funding for undertakings like your own, that challenge the fundamental ways that the world is organized. The whole point, I think, of these initiatives is to create alternatives to this kind of aggressively impacted world of conflict, and to seek common efforts, common security, human security, that humanistically meets the challenges of climate change and a variety of other issues that are currently not being addressed adequately. But this kind of development depends, I think ultimately, on the mobilization of people. Governments are not likely to encourage these kinds of initiatives. The question needs to be rephrased: how does one mobilize sufficient people with sufficient resources to pose a credible challenge to the political status quo in the world?

Mike Billington : In that light, Helga Zepp-LaRouche has also called for the founding of what she called a Council of Reason, reflecting back on the Council of Westphalia, which led to the Peace of Westphalia, where people of stature, as you indicated, are brought to step forward and speak out at a time when that kind of truthful, outspoken approach is sorely lacking and very, very much needed. What’s your thought on that?

Prof. Falk : I think all such initiatives help to build this new consciousness that is more sensitive to the realities of the world we live in. There has been, as you undoubtedly know, a similar Council of Elders composed of former winners of the Nobel Peace Prize and a few selected other individuals, but it hasn’t had much resonance either with the media or with government. It’s very difficult to gain political space and non-mainstream credibility the way the world is now structured, as empowered by a coalition of corporate capitalism and militarized states. It’s hard not to be pessimistic about what can be achieved. But that doesn’t mean one shouldn’t struggle to do what at least has the promise and the aspiration to do what’s necessary and desirable. And the Counsel of Reason, presumably well selected and adequately funded, and maybe with an active publication platform, could make contributions to the quality of international public discourse. It’s worth a try, and I would certainly support it.

Mike Billington: I appreciate that. What are your thoughts on the peace mission undertaken by Viktor Orban?

Prof. Falk: Well, I don’t have too many thoughts about that. It seemed to coincide what many independent, progressive voices were saying. In any event. The interesting thing about Orban’s advocacy is that he’s the leader of a European. state, and therefore his willingness to embark on such a journey and to seek ways of ending the Ukraine conflict is certainly welcome. He, of course, has a kind of shadowy reputation as a result of widespread allegations of autocratic rule within Hungary. I don’t know how to evaluate such criticisms I haven’t been following the events in Hungary, but he’s portrayed in the West as an opponent of liberal democracy. And for that reason, he doesn’t receive much attention from the media or from Western governments overall. Orban’s message seems too deserve wider currency, but whether he can deliver that message effectively seems to me to be in fairly significant doubt. I think the Chinese are in a better position to make helpful points of view toward ending the Ukraine War.

Mike Billington : You’re saying that he is accused of being against “liberal democracy.” Do you think criticism of liberal democracy is wrong?

Prof. Falk: No, no. I consider myself a critic of liberal democracy. But I think liberal democracy remains  powerful in the West because it’s linked to corporate capitalism on the one side, and the most militarized states on the other side. The liberal façade of these Western states purports to be guided by the rule of law and human rights, presenting an attractive image to many people who close their eyes to the contradiction in the behavior of these states, especially in foreign policy.

Mike Billington : You’re generally very pessimistic about the US election, saying that you saw the choice — this was before Biden dropped out — but you saw it as “a warmonger and a mentally unstable, incipient fascist.” That’s pretty strong. You welcomed Biden dropping out, but do you see any improvement in the choices today?

Prof. Falk: Yes, I see at least the possibility of an improvement, because we don’t know enough about how Kamala Harris will try to package her own ideas in a form that presents an independent position. It’s conceivable it would even be to the right of Biden, but I don’t think so. Her own background on domestic issues is quite progressive and at the same time pragmatic. As a younger person, she has a mixed record, to say the least while serving as prosecuting attorney and attorney general in California. But I think there is a fairly good prospect that she will be more critical of Israel during the last several years as Biden’s vice president. She has already indicated a determination to not support Israel, at least openly, if they engage in a massive killing of Palestinian civilians. She probably feels she is walking a tight rope to avoid alienating Zionist funders and others who would be hostile should she show a shift to a more balanced pro-Palestinian position.

Mike Billington : you referred to Trump in that passage as a warmonger. But on the other hand…

Prof. Falk: No, you misunderstood me. Biden is the warmonger.

Mike Billington : Oh, a “warmonger and a mentally unstable, incipient fascist.” I got it. So those terms were both as a description of Biden.

Prof. Falk: I would never call Trump “peace minded,” but he has at various points suggested an opposition to what he and others have called “forever wars,” these US engagements in long term interventions that always seemed to have ended up badly, even from a strategic point of view, such as Iraq and Afghanistan. But Trump is so unpredictable and unstable that I wouldn’t place any confidence in his words or declared interntions. He does seem determined to move the country in a fascist direction if he’s successful in the election. And if he isn’t successful, he seems to want to agitate the country sufficiently so that it experiences some level of civil strife, or at least unrest.

 Mike Billington: Well, he clearly is insisting that there must be peace and negotiation with Russia on the Ukraine issue. Do you see any hope that he would also negotiate with China in terms of the growing crisis there?

Prof. Falk: I doubt it because of his seeming perception of China as an economic competitor of the US, and as one that, in his perceptions has taken advantage of the international economic openness to gain various kinds of unfair economic advantages. I think he is, if anything, more likely to escalate the confrontation with China and at best to put relations on a very transactional basis, which suggests that only when it was to the material benefit of the US would the US Government in any way cooperate with China even for the benefit of the public good. 

Mike Billington: Of course, we saw just recently in China that the Xi Jinping government brought many diverse Palestinian factions together in Beijing, and that they did come to an agreement. What are your thoughts on the agreement that they came to and what effect will that have?

Prof. Falk: It seems helpful.  I hope it lasts. There have been prior attempts, mostly in the Middle East, mostly with Egypt playing an intermediary role, especially before the present Sisi government. And none of these earlier unity arrangements have lasted. There is a lot of hostility rivalry among the PLO, Fatah Hamas, and several other Palestinian factions. It relates to the religious – secular divide, differences of personality, patterns of corruption, and opposed adjustments to Israeli criminality. It was encouraging to me that Mahmoud Abbas, the head of the Palestinian Authority, condemned the assassination of Haniyeh. That, I think, was an early confirmation of the potential importance of this Beijing Declaration and the successful, at least temporarily successful, effort at bringing these Palestinian factions together in common struggle. And from the Palestinian point of view, unity has never been more important as a practical matter to achieve and sustain any hope of statehood or realization of their right of self-determination. The entire future of Palestinian resistance probably depends on being able to have a more or less united front to sustain hopes that a post-Gaza arrangement will be beneficial for Palestine.

Mike Billington : You recently signed an appeal which was issued by the Geneva International Peace Research Institute, which has called on the International Criminal Court (ICC) to investigate the President of the European Commission, Ursula von der Leyen, for alleged complicity in war crimes and genocide committed by Israel. What are your expectations for that effort?

Prof. Falk: The ICC, the International Criminal Court, is much more susceptible to political pressure than is the International Court of Justice (ICJ), which is part of the UN and came into existence when the UN was established back in 1945. The ICC was established recently, in 2002. It doesn’t have many of the most important countries among its members or signatories to its treaty, the so-called Rome Treaty. It would be a pleasant surprise if the Chamber of ICC judges follows the Prosecutor’s recommendation and issues these arrest warrants. Already, Netanyahu has given the recommendation of the prosecutor an international visibility by denouncing them and calling on the US and, and the liberal democracies to bring pressure on the ICC to avoid issuing the warrants. And that reflects the strong impression that even though Israel defies international law, its leaders are very sensitive about being alleged to be in violation, especially of international criminal law and particularly of the serious offences alleged to have taken place in Gaza. The basis for recommending arrest warrant for Israeli leaders doesn’t extend to cover the elephant in the room — genocide. It enumerates other crimes that Israel, that Netanyahu and Gallant, are said to be guilty of perpetrating, and does the same thing for Hamas, in trying to justify issuing arrest warrants for the three top Hamas leaders. Of course, they don’t have to worry about Haniyeh anymore, and I think, I’m pretty sure he was one of the three Palestinians who were recommended as sufficiently involved in the commission of international crimes on October 7 to justify the issuance of arrest warrants.

Mike Billington: As I mentioned, you were the UN Special Rapporteur for Palestine from 2008 to 2014. During that period, you were regularly declared by Israel to be an anti Semite for things you said and did during that time. I’d be interested in your thoughts on that at this point. Also, the current person in that position, Francesca Albanese, is also under attack from Israel. What do you think about her role today?

Prof. Falk: Well, as far as my own role is concerned, the attacks came not directly from the government, but from Zionist oriented NGOs, particularly UN Watch in Geneva and some groups in the US and elsewhere, all in the white Western world. I mean, all the attacks on me. And of course, they were somewhat hurtful. But this kind of smear is characteristic of the way in which Israel and Zionism has dealt with critics for a long time. Jeremy Corbyn, the Labour Party leader in the UK, has been a victim of such a smear and defamatory campaign. It’s unfortunately a tactic that has had a certain success in branding one as lacking in credibility, and thus not fit to be listened to by the mainstream. Israel and its Zionist network are not interested in whether the allegations are truthful or even grounded in factual reality. This effort has as its primary aim the deflecting the conversation away from the message to the messenger.

And they’ve done, shockingly and without shame, the same thing with Francesca Albanese, the current Special Rapporteur. Francesca is an energetic, dedicated, very humanistic person and gives no signs of anhy kind of ethnic prejudice, much less anti-Semitism. She’s written very good reports in the time she’s been the Special Rapporteur, and bravely and forthrightly confronted her attackers.

It’s a real disgrace that this unpaid position at the UN is dealt with in such an irresponsible and personally hurtful way. The special rapporteurs enjoy independence, which is important in such roles, but they’re essentially doing a voluntary job, that frees them from the discipline of the UN, but also makes them vulnerable to these personal attacks that are intended to be vicious. The UN does nothing very substantial to protect those of us that have been on the receiving end of this kind of ‘politics of deflection.’ UN passivity reflects a core anxiety within the UN bureaucracy centered on losing funding from the countries that support Israel.

After I finished being Special Rapporteur, I collaborated with Professor Virginia Tilley to produce one of the first detailed reports in 2017 examining contentions of Israeli apartheid. The report was denounced by Nikki Haley [US Ambassador to the UN] in the Security Council soon after its release. I was singled out by her as a disreputable person undeserving of serious consideration. The UN secretary General Guterres, newly appointed at that time, was publicly threatened by Haley with withholding US funds if he didn’t remove our report from the UN website, and to our regret he complied. He removed the report, though it was already the most widely read and frequently requested report in the history of the Economic and Social Commission for West Asia, which is a regional commission of the UN.

Mike Billington: And who was it that ordered it removed?

Prof. Falk: Guterres. Yes. Removal caused a stir. The head of this UN agency, the Economic and Social Commission for Western Asia (ESCWA), was a civil servant named Rima Khalaf who resigned her UN post as a consequence of what was done. Our report was commissioned as an independent academic study. We were treated as scholars and not as UN civil servants. But the report was sponsored and accepted by a UN agency, and thus could not entirely escape its association with our conclusions that were controversial at the time.

Mike Billington: Is there anything else you’d like to add before we close?

Prof. Falk: No, I think we’ve covered a lot. I would hope that things will look better in a few months, but I’m not at all confident that they will. They could look a lot worse if this wider war unfolds in the Middle East. And if they are new tensions that come to the surface in the Pacific area. I find myself clinging to this marginal hope that Kamala Harris will not only win the election but surprise us by being more forthcoming in promoting an enhanced image of what a liberal democracy means internationally.

Mike Billington: Let us hope. Well, thank you very much. I appreciate your taking the time to do this at a critical moment, with your own personal role in the Middle East having been so important historically and still today. So we’ll get this circulated widely. And let’s hope that, in fact, we do see a big change at a moment where the crisis is such that you would think people would be stepping forward all over the world to stop the madness.

Prof. Falk: Yes but they need — I found that they need the entrepreneurial underpinning. They have to have the support, sufficient funding. Support so that their words will have weight. This unfortunate, but it’s one of the political dimensions of the imperative: ‘follow the money.’ 

Mike Billington: Something we’ve always had to deal with in the LaRouche movement. I invite you to join us on Friday, we will have the 61st weekly meeting of the International Peace Coalition, at 11:00 East Coast time, on Friday. And it would be very useful if you could attend and perhaps say some of what you said today in this interview or if that’s not possible, perhaps we could read a section of what you said today, during that event. So I’ll correspond with you to see if you can attend on Friday.

Prof. Falk : I know that I can’t because I have to attend a conference in Istanbul. I’m living these days in southern Turkey, a plane ride away from Istanbul. And I’m taking part in a conference on international law after Gaza , a little bit optimistic in the title. I’m occupied all day either with this trip or with my role at the conference.

Mike Billington: All right. Well, I’ll correspond with you about whether we may be able to read a portion of what you had to say in the interview today for the for the attendance.

‘Occupied’ Palestine: Jerusalem Annexed, Gaza Genocide, West Bank Apartheid

20 Jun

[Prefatory Note: RAF interview conducted by Daniel Falcone, published in Truthout, May 13, 2024, and republished here with modifications of my responses to reflect intervening developments. In the month since the initial publication, the situation as described below has become even more severely abusive toward the civilian population of Gaza, with the Israeli Government making no effort to uphold its legal or moral responsibilities as Occupying Power to protect the Occupied Palestinian People under its administrative control as requi red in the 4th Geneva Convention governing Belligerent Occupation. The Israeli Government has exhibited a total absence of empathy, in policies and practices that exemplify the worst features of the international crime of apartheid. Even if life in Gaza quiets down, housing restored, Israel security forces withdrawn and some gestures of normalization have been made, the situation in the West Bank, unless modified, will continue to exhibit apartheid characteristics generating a different kind of humanitarian catastrophe. Overall, the Palestinian future can only be redeemed by terminating the Israeli role at the earliest possible time and internationally enforcing the dismantling of Israeli settlements, removal of settlers, and the termination of Israel’s administrative presence and repression. The UN although reporting and documenting human rights violations committed by Israel has so far lacked, in the face of P5 strategic support of Israel, the ability or relevant political will to implement its own recommendations relating to compliance with international humanitarian law. That which is humanly necessary seems politically impossible; the result is a moral scandal of global significance, and a human tragedy brought on my unspeakable and persistent criminality.]

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Israel Continues Unfettered Colonization of the West Bank Amid Genocide in Gaza

Daniel Falcone: The West Bank has posed the biggest challenge to the Zionist settler movement’s pursuit of a “Greater Israel.” Amid the genocidal campaign in Gaza, Israel has expanded its settlement project and markedly increased colonial violence and human rights abuses against Palestinians. “Killings are taking place at a level without recent precedent” in the occupied West Bank, according to a report by Human Rights Watch.

In this exclusive interview for Truthout, international relations scholar Richard Falk reminds us of the reality and aims of Israel’s occupation of the West Bank. Falk details the degradation, starvation, human rights abuses, unchecked political power and resource control in the occupied Palestinian territories. He also explains the U.S.’s aims in the West Bank and how they differ from those in Gaza.

Daniel Falcone: With a lot of the attention on Gaza due to the extremity of Israel’s bombing in Rafah, the West Bank is sometimes overlooked in media reports and political discussions about the ongoing Palestinian struggle for survival. How can we understand the differences between Israel’s strategic aims in Gaza and the West Bank?

Bottom of Form

Richard Falk: The three territories of East Jerusalem, West Bank and the Gaza Strip have experienced rather different conditions of occupation and governance during the 57 years of Israeli control, none of them with remotely positive results.

The whole of Jerusalem was officially declared by the Knesset in 2019 to be “the eternal capital of the Jewish state of Israel.” Such a unilateral action on Israel’s part was incompatible with international humanitarian law. It also violated the letter and spirit of unanimous UN Security Council Resolution 242, which immediately after the 1967 War looked toward the complete withdrawal of Israel’s occupying armed forces in the near-term future with an unspecified consideration give Israeli demands for “minor border adjustments.” It has always been a Palestinian demand and expectation of most international advocates of a two-state solution that East Jerusalem would be the capital of any future Palestinian state. This Palestinian position has been generally regarded as an integral element of the UN consensus that developed around the widespread support for “a two-state solution” that persists today despite many reasons to believe it would not be sustainable.

In 1967 Gaza was deemed the third and least important element in the administration of the occupied territories that came under Israel’s control during the war. Its status was viewed ambivalently at first, mainly because it was deemed outside the Zionist project. The Zionist commitment to return to “the promised land” that formed the geographic contours of the Zionist vision of a Jewish supremacy state was not included in most versions of Zionist thought and political vision. It also seemed overcrowded and imporverished at first, possessing little economic promise from Israel’s point of view. Nevertheless, in the period of 1967 to 2005 Gaza was treated by Israel as part of Occupied Palestine, with an intrusive and abusive IDF [Israel Defense Forces] military presence, and the unlawful establishment of Jewish settlements along the Gaza coast that became home for 8,000 Jewish settlers. The administration of Gaza was long viewed by Tel Aviv as an economic burden and security challenge for Israel, and a center of Palestinian resistance radicalism.

The major resistance initiative directed at Israeli occupation known as the First Intifada originated in Gaza in 1987, challenging both Israel and the Palestinian leadership of Yasser Arafat and the coalition of secular Palestinian groups known under the rubric of the PLO [Palestinian Liberation Organization]. In 2005, Israel formally “disengaged” from Gaza, contending that the withdrawal of its armed forces and the dismantling of its settlements relieved Israel of further responsibilities as Occupier in Gaza, with possible future peace solutions for the Gaza Strip as involving of some sort of federated arrangement whereby Gaza would become subject to the sovereign control of Jordan and/or Egypt. This Israeli interpretation of disengagement was rejected by the UN and both Arab states. They considered Israel’s revised approach to Gaza as nothing more substantive than a redeployment of IDF ground forces to just across the Israeli border coupled with the maintenance of total control of Gaza’s air space and offshore waters. The approach also included a tight regulation of the entry and exit of persons and goods to and from the Strip. Despite announcing “disengagement” as a step toward peace Israel never overcame the perception of Gaza as “the largest open-air prison” in the world, which for many in Gaza, including secular Palestinians, meant growing sympathy with and support for Hamas as dedicated to active struggle to obtain Palestinian sovereign territory.

The complex Gaza narrative after disengagement included the unexpected 2006 electoral victory of Hamas, previously listed as a terrorist organization by the U.S. and EU, as well as Israel. Despite Hamas agreeing to forego “armed struggle,” in 2007 Israel imposed a strict and economically punitive blockade of goods and persons seeking to leave or enter Gaza, engaging in periodic major military operations, described by Israeli security advisors as ‘mowing the lawn’ and putting the population on what was unfeelingly described as “a diet” by restricting the import of food.  Despite Israel’s repressive moves and military incursions, Hamas put forward long-term ceasefire and co-existence proposals that were ignored by Tel Aviv and Washington. When such an effort to suspend the violent aspects of the conflict failed, Hamas revived it resistance struggle. A creative nonviolent campaign of resistance known as “the Great March of Return” attributed to Palestinian refugees and their descendants, as well as Hamas, was met with deadly Israeli sniper violence in 2018 at the border, including the apparenr lethal targeting of well-marked journalists.

Finally, Israel’s provocations and the Hamas-led attack of October 7 set the stage for the latest genocidal phase of Israel’s presence, combining the wrongs of occupation with many crimes of oppression, dehumanization, devastation, starvation, ethnic cleansing and apartheid, culminating in genocide. It seemed that as of 2024, Gaza is strategically and economically far more important to the right-wing Benjamin Netanyahu government and its settler temperament than it was earlier. This is due to the discovery of extensive offshore oil and gas deposits, and a reported interest in a major engineering undertaking that has blueprinted the Israeli construction of a Ben Gurion Canal traversing part of Gazan territory, with the goal of creating an alternative to the Suez Canal. While the devastation Gaza was still a daily reality, Donald Trump’s son-in-law, Jared Kushner, obscenely proposed luxury waterfront homes for settlers in a Gaza emptied of Palestinians.

It is against this background that the West Bank has posed the biggest challenge to the pursuit of “Greater Israel,” which was the animating ideal of the settler movement. Maany settlers were closely allied with the extreme right Religious Zionism coalition partner of the Netanyahu-led government that took over the governance of Israel and the Occupied Palestinian Territories in January 2023. From its first days of governance, it became clear that Israel was preparing to push to completion a maximal version of the Zionist Project. Israeli radicalism along these lines was exhibited by the greenlighting of settler violence on the West Bank that included a series of inflammatory incidents intended to make the Palestinians feel unsafe and unwelcome in their own homeland. The occupying government in Tel Aviv revealed its orientation through tacitly approving settler violence rather than responsibly fulfilling their legal duties to protect Palestinian residents. Crimes against West Bank Palestinian residents, including land seizures and gratuitous vigilante violence, were not only tolerated but applauded by rightist members of Netanyahu’s inner circle.

Of supplemental relevance was the official endorsement of increasing the settlement population in the West Bank by expanding building permits and territorial extensions to settlers and their settlements — already estimated to number 700,000 (500,000 in the West Bank, 200,000 in East Jerusalem). This move to ensure Israeli permanence on the West Bank was combined with the acceleration of diplomacy that focused on forming a de facto alliance with Sunni-dominated Arab countries, especially Saudi Arabia, and the containment and destabilization of Shiite-dominated Iran. Further, Netanyahu’s September 2023 performance at the UN General Assembly in which he arrogantly displayed a map of “the new Middle East” on which Palestine was erased — treated as nonexistent — must have made a show of Palestinian resistance imperative.

These elements are the background context preceding the Hamas-led attack of October 7. The true character of the attack itself needs to be internationally investigated, given the extensive and credible warnings given to the Israeli government, Israel’s ultra-sophisticated surveillance capabilities, and the inflated initial accounts that blamed Hamas for all the most barbaric crimes allegedly committed during the attack. Some of the initial macabre claims of October 7 were later discredited and even modified by Israel. The most suspicious element of the Israeli response was its readiness to embark upon a genocidal campaign, which, while concentrated on Hamas and Gaza, seems also intended to induce a second Nakba with major secondary impacts on the West Bank residential security of Palestinians.

In the months preceding the Hamas-led attack, the West Bank had been the scene of increased settler violence and a heightening of the IDF’s repressive tactics. In the years before October 7, Israel was found guilty of the international crime of apartheid in a series of well-documented reports compiled by objective, expert sources (Special Rapporteurs of the UN Human Rights Council and the Economic and Social Commission for Western Asia, Human Rights Watch, Amnesty International and B’tselem). Liberal democracies and the mainstream media refused to acknowledge this damaging consensus bearing on the legitimacy of Israeli occupation of the West Bank, and instead smeared and blacklisted Israel’s critics. The US Government deflected questions from the media, refusing to respond substantively and opting for institutional silence despite the mounting evidence and legal analysis of objective sources.

In addition to the settlements, Palestinian property rights, mobility and security of residence were undermined and threatened in various ways in the West Bank. Palestinian land was further encroached upon at the end of the 20th century by the construction of a separation wall between pre-1967 Israel and the West Bank that expropriated additional Palestine-owned land and divided villages such as Bil’in. Although this mode of constructing the wall on occupied Palestinian territory was found to be illegal by a near unanimous majority of the judges of the International Court of Justice (ICJ) in 2003, Israel defied the findings of the Advisory Opinion, as requested by the UN General Assembly over the objections of the US and Israel. In the end Israel continued its wall project without deference to international law or international procedures of accountability.

Israel’s rejection of attempts to establish Palestinian statehood with sovereign rights within delimited borders have long concentrated upon the West Bank. This pattern goes back as long ago as 1947, when the UN approved a controversial plan for the partition of Palestine relying on internal and international borders derived from the British mandate over Palestine. In the dark shadows being cast by the Holocaust and given influence by Zionist pressures, there emerged a UN consensus that the only viable solution for the struggle of the two peoples claiming Palestine as their homeland was to split sovereign rights between two equal states, assumed to be named Israel and Palestine.

Distinguished commentators from both peoples opposed such a territorial division for a variety of reasons, well summarized from a Jewish perspective in Shaul Magid’s The Necessity of Exile and from a Palestinian perspective in the later writings of Edward Said.

Always the central question, even if often left implicit, was the destiny of the West Bank and its residents, as well as whether Palestinian “security” would be restricted by demilitarization and dependence on Israeli forbearance in the two-state models, and whether the Zionist commitment to a Jewish supremacist state, as projected in Israel’s 2018 Basic Laww, could be accommodated or needed to be modified in the one-state models.

Falcone: What are the U.S. goals in the West Bank and how do they differ from its Gaza policy?

Falk: The U.S. has a strong reputational interest in retaining the identity of the West Bank as Occupied Palestinian Territory. If Israel extends its sovereignty over the West Bank, which it has long claimed should be classified as “disputed territory” rather than “occupied territory,” it would bring to a screeching halt any further pretense by the U.S. government to be serious about the advocacy of a “two-state solution.”

Trump’s proposed “deal of the century” contained a nominal Palestinian mini state to sustain the illusion that the interests of both peoples were being considered, but it failed to fool almost no one, including two-state advocates that naively envisioned two states with equal sovereign rights and sovereign control over national security policy. .

American credibility as an “honest broker” in the Oslo Peace Process, and elsewhere, was greatly eroded by its gradual acquiescence in the establishment of Israeli settlements in the West Bank despite their patent illegality and their negative impacts on a meaningful political compromise embedded in the final territorial allocation  of Palestine between the two peoples. The U.S.’s mild reaction to settlement expansion was limited to the muffled whisper that such behavior “was not helpful.” In actuality it was essential to the validation of the Israeli network of settlements.

By now, given the bipartisan U.S. endorsement of Israel’s genocide in Gaza and its repeated use of the veto to block a meaningful ceasefire directive and a widely supported initiative to treat Palestine as a full member of the UN, I believe that the U.S. could not any longer put itself forward as a trustworthy intermediary in any future bilateral negotiating process. It would covertly and overtly become Israel’s international sword and shield, exhibiting the extreme partisanship of the US while its leaders and media falsely claiming that the American posture supports adherence to international law and diplomatic balance.

With regard to the differing interests of the U.S. in the West Bank and Gaza, it comes down to two issues: first, supporting Israel’s right to defend itself in Gaza, while maintaining Israel’s legitimacy as an occupying power in the West Bank and insulating its violations of international humanitarian law from UN censure, boycotts and sanctions; and secondly, recognizing that the West Bank is the integral core of a Palestinian state.


Falcone: How does Israel complicate the work on the ground by scholars, activists and elected officials? The fact that the two regions are separate seems to make the problem even more insurmountable. 

Falk: The differing character of Israel’s approaches to the two areas creates many complications for those who seek normal operating conditions. Gaza is considered by Tel Aviv to be administered by Hamas, a terrorist entity in its view, whereas the West Bank is co-administered with the quasi-collaborationist Palestinian Authority to ensure that resistance activities are minimized, or when occurring, treated punitively by Palestinian security forces. Even peaceful forms of resistance face harsh punishment in the form of Palestinian enforcement , and since Israel came under more extremist leadership, the conditions of daily life have become so unpleasant and dangerous that some Palestinians are being forced to leave for neighboring countries, and accept the loss of their homeland, becoming refugees or exiles, harboring resentment and hatred resulting from their mistreatment in what was their homeland.

Until recently the balance of opinion in Israel was wary about any Israeli state that purported to include Gaza. This wariness was associated with Israeli concerns about an emergent “demographic bomb” accompanying any attempt to absorb an additional 2.3 or 2.4 million Palestinians with high fertility rates into Greater Israel. As Israel has replaced its liberal democratic façade with a hardening apartheid regime the issue of democratic legitimacy has receded.

In the West Bank, Israel was nervous about the effect of civil society activism, and even scholarly work and cultural expressiveness, generating unfavorable international publicity as to the nature of such a prolonged occupation. As mentioned, the Israeli occupation is currently being challenged at the ICJ following a General Assembly request to legally assess the continued validity of Israel’s administrative role, given the passage of time, unlawful practices, and frequent recourse to severe forms of collective punishment. This UN effort to challenge Israel’s occupation comes after 57 years without the slightest sign of willingness to implement the withdrawal of Israeli forces envisioned by UN Security Council Resolution 242 and in the face of numerous flagrant continuing violations of international humanitarian law. Quite the contrary, as Israel seems more dug into a permanent domineering presence in the West Bank.

Even prior to the present Netanyahu government, Defense Minister Benny Gantz issued decrees in 2021 banning the activities of respected West Bank NGOs by classifying them “terrorist organizations.” Elected Palestinian leaders have been harassed and imprisoned despite Israel’s collaboration on security and administrative funding over the years with the Palestinian Authority, which is distrusted and disapproved by a growing number of Palestinians inside and outside of the Occupied Territories.

Falcone: What is the role of the West Bank in President Joe Biden’s foreign policy? 

Falk: The West Bank is an indispensable component of Biden’s persistent, although half-hearted advocacy of a two-state solution. This advocacy was always half-hearted and never a persuasive expression of genuine U.S. policy intentions. The two-state mantra seems more and more like a public relations posture to satisfy world public opinion as time passes without the slightest expectation that it will ever be realized except possibly in some nominal form. If it had been a genuine goal, Biden would have challenged Israeli moves of recent years, which became more pronounced since the Netanyahu coalition took over in 2023. Even if Biden is regard as lacking high intelligence, few regard him as so stupid that he remains oblivious to Israel’s quest for a Greater Israel.

 It was an open secret that this extremist coalition was committed to the unilateral completion of the Zionist Project by establishing Greater Israel in the shortest possible time even if it required brute force and massive ethnic cleansing to get the job done. Extending Israeli sovereignty to the West Bank would have the consequence of making even formalistic adherence to two-state advocacy a sign of geopolitical ignorance, so out of touch with the geographic contours of Palestinian statehood as to be in the category of a bad joke.

A viable Palestinian state presupposes full sovereign rights over the West Bank, which must include territorial governance and the substantial dismantlement of the settlements. Neither seems likely to happen if Zionist ideology continues to shape the policy of the Israeli state. It would be awkward for Biden to be asked what kind of Palestinian state does the U.S. favor. He likely would be inclined to answer evasively by saying that “it is up to the parties.” But if he was forthright, it would probably look like a permanently demilitarized Palestinian state with settlements governed according to Israeli law, exempted from territorial regulation, and traveling on roads for Jews only to and from Israel proper. Such a Palestinian state might could possibly the formal requirements of statehood, but it would be a nonstarter for many Palestinians, who continue to insist on their inalienable right of self-determination. The long Palestinian ordeal, stretching over the course of more than a century, would not be ended by the willingness of Israel to allow the formation of a puppet state. After its complicity in the Gaza genocide, the US, as well as any other NATO and G7 should be ruled out of any future part in a genuine peace diplomacy. It is a dangerous sign that the US geopolitical weight is still great enough to allow it to put forward a post-Gaza peace initiative that even Israel is willing to endorse, and so is Hamas. The days of American leadership in global diplomacy should have ended during its months of being a facilitator of the crudest and most transparent genocide of all history, transmitted by images and on site commentary in real time to the peoples of the world.

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.