Tag Archives: genocide

Gaza’s Urgency and Lessons for the Future

17 Aug

[Prefatory Note: Interview text of responses to question]s posed by Naman Bakaç, an idependent journalist in Turkey. The interview was published by FOCUS, an independent online media platform. The link can be found at the link below:

https://www.fokusplus.com/roportaj/prof-dr-richard-falk-bm-ve-kuresel-hukuk-filistin-halkinin-haklarini-koruyamadi?s=09 ]
1. Let’s start with your book ‘Genocide in Gaza: Voices of Global Conscience,’ which you co-edited with Ahmet Davutoğlu and was published in June 2025. The book includes articles by more than 30 politicians, academics, diplomats, intellectuals, and statesmen from 17 countries. Who are the contributors in this book? What motivations led to the creation of this book? What message do you aim to convey to the global public through this book?


Response: As we explain in the Preface, the contributors were selected from a
much larger group of distinguished signatories of a Declaration of Conscience,
drafted by the former Prime Minister of Turkey, Ahmet Davutoglu and myself,
and issued in late 2023 not long after the October 7 events. The Hamas-led
attack was designed to be an anguished protest against the failure of
governments and the UN to bring what seemed to us almost from its outset
to be a transparent genocide carried out in real time and by digital
technology brought to the awareness of the eyes and ears of the world. The
issuance of our Declaration was met with unexpected enthusiasm from
frustrated citizens in many countries that resulted in the private funding of a
conference in London on 27 March 2024.

By coincidence, the conference was
held the day after the International Court of Justice made its historic initial
interim rulings in response to requests from South Africa that had submitted
a legal dispute with Israel as to whether Israeli violence was of a nature that
violated the International Convention on Genocide, as well as whether Israel
was legally obliged to stop obstructing the international delivery of
humanitarian aid to the civilian population of Gaza. Naturally, we were
encouraged by these ICJ rulings to the effect that Israeli indiscriminate
violence against the civilian population of Gaza coupled with the Israeli official
decrees prohibiting entry of food, fuel, and water made allegations of
genocide ‘plausible.’

As well, the ICJ in a second near unanimous judicial
ruling ordered Israel to stop interfering with the delivery of urgently needed
humanitarian aid. These ICJ rulings encouraged us to continue our effort to
mobilize civil society on the basis of a justice-driven interpretation of law to
engage with this unfolding human tragedy through the activation of
nonviolent solidarity initiatives.

If a single message emerges from such a multi-authored book gathering
between its pages distinguished public personalities from around the world

with diverse perspectives on global issues, yet united in condemning the
genocide, it is this: when the existing normative order of rules, procedures,
and institutions established by governments and international institutions,
especially those falling within the UN System, fails to meet an urgent
challenge to peace and human rights, it is time for the peoples of the world to
act in resolute opposition.

In our search for participants, we wanted to focus
on people whose view were similar to ourselves who were not presently holders of high
positions in governments or inter-governmental institutions but were widely
respected as moral authority figures. Our influence and ‘weapons’ were of the
mind, heart, and spirit that were best expressed by engaged citizenship, trust
in the guidance of conscience, and existential belief in the power of people in
the service of truth. We hope our book conveys that message, which includes
the conviction that conscience in extreme situations demands action as well
as rhetorical utterances. Words unsupported by action in the face of genocide
is an unacceptable form of silence. We regard our efforts as playing a small
but determined part in an emergent global solidarity movement of people in
support of the Palestinian struggle for basic rights, above all, the right of self-
determination.

From the London Conference devoted to exploring the implications of the
Gaza Declaration, the idea of a book emerged as a matter of course,
encouraged by a publishing commitment by Clarity Press. Our intention was to
have this varied collection of writings exhibit both shared values and diverse
policy judgments, and stimulate creative solidarity actions throughout the
world, thereby confirming the view that the Gaza Genocide is not just an
urgent challenge to all of humanity, but is also a test of whether the peoples
of the world can develop moral agency to challenge dark challenges to the
human future.

As far as the book is concerned, I think the range and quality of the
contributions exceeded our expectations, although admittedly its impacts on
human behavior remain unknowable, and even after 21 months such
initiatives have not extinguished the need for intensifying activism in support
of the Palestinian struggle.

2. In December 2023, you published a text calling for international justice and
conscience conference on Palestine was held in London. Could these civil initiatives you undertook out of a sense of responsibility turn into a global civil movement to enforce international law and order? Has it already turned into one? Can wesay that, while the UN and international law have failed in the face of the Gazagenocide, you are moving from words to action with this civil movement? Afterall, the unifying theme of the London Conference was that words are not enough and action is imperative., which included some of the names in your new book.  

Response: Although we were motivated to make what contribution we could to
change the political atmosphere sufficiently to stop the genocide, we had no
illusions that our pleas for humane politics would be heeded in the short run. Yet
we felt that silence in its two forms was unacceptable, that is, refusing to name
the violence of the Israeli response as ‘genocide,’ given its clear intentionality as
further exhibited in its actions. Since naming gave rise to various forms of
punitive pushback, especially in Europe and North America during the months
after October 7, to name the violence ‘genocide’ was not only a word but
became an action in defiance of Zionist worldwide efforts to treat evidenced-
based criticism of Israel as a hateful form of antisemitism. As the genocide has
persisted now for more almost two years genocide as the accepted descripted
term has been somewhat normalized even in the mainstream media. It is still
true that few governmental or officials in international institutions of the West
speak of ‘genocide’ even when condemning the prolonged Israeli violence, and
even UN top officials while highly critical of Israel’s behavior continue to refrain
from characterizing the violence in Gaza as genocide.

It is notable that Francesca Albanese, the fearless UN Special Rapporteur for
Occupied Palestine has been admirably forthright when it coming to naming,
devoting three of her semi-annual official reports to different facets of genocide,
including the depiction of the Zionist Project as a prime instance of ‘settler
colonialism’ and complicit behavior of supporting governments and profit-making
corporations as integral to Israel’s criminal responsibility for genocide. It is not
surprising in view of this that Ms. Albanese has been singled out by the US
Government and sanctioned in her personal capacity, being denied entry to the
US and having her American assets frozen, a vindicative response to truthful
witnessing on behalf of the public good, illustrative of UN functioning with courage and effectiveness despite contrary systemic pressures according to the high ideals of the Preamble to the UN Charter.

As indicated in my response to your first question, the confinement of criticism of
Israel’s onslaught on Gaza to words of condemnation are insufficient in the face of
prolonged and transparent genocide, with cruel and aggravating tendencies for more than 22 months. Action must be proposed and acted upon, whether the actors are governments, institutions, civil society activist, or individuals and collectivities of

various sorts. The political suicide of Aaron Bushnell in 2023, an American airman in front of Israel’s embassy in Washington is illustrative of an extreme humanistic sacrifice or self-martyrdom, an enactment of the repudiation of
genocide as well as a desperate appeal to others to take action aimed at
stopping the genocide. The action of Madleen Freedom Flotilla mission
undertaken by Greta Thunberg and other brave and dedicated activists is
another example of anti-genocidal activism, with an emphasis on both highlighting and circumventing Israel’s disruptions of the international delivery of urgently needed humanitarian aid, an initiative that combines a care-giving gesture in
the context of the humanitarian emergency in Gaza with an unspoken yet
powerful appeal to others to engage actively, given their personal situation,
in a variety of ways that involves truth-telling and solidarity with the victimized population of Gaza.

The importance of conscience as a motive for political action is gives rise to expressions of bravery in situations of risk without knowing whether controversial utterances will engender a response from those hitherto on the sidelines that might grow into a
movement with transformative capabilities valuable for their own sake. In that
sense, opposing genocide in Gaza is both an intrinsic reaction of conscience and
a distinct action that has political goals of motivating others to join the struggle.

In retrospect, it is obvious that from feeble solidarity initiatives early on, a civil
society movement of many distinct parts has grown to the point where Israel’s
legitimacy as a state is increasingly drawn into question, both symbolically and
substantively. One manifestation of this solidarity trend is the intensity of
growing calls for Israel’s suspension from UN activities, as well as proposals for
arms embargoes, denial of visas to Israeli citizens, boycotts of cultural and
sporting events, solidarity fasts and cutting diplomatic and economic relations with Israel.

Even though Israel has continued to follow its lawless, abusive path, its behavior and
identity has been slowly delegitimized by public discourse even in the most influential
civil society media platforms of the West, reflecting the symbolic defeat of Israel
when it comes to controlling the high normative ground of law and morality. As I
have argued in the past the side that wins the Legitimacy War fought over
symbolic entitlements of legality and morality tends to prevail politically in the end
despite being defeated on the battlefield due to inferior military capabilities. The
Palestinians of Gaza, with the help of global supportive solidarity and Palestinian
resistance and sumud, have clearly won the Legitimacy War despite the tragic costs
paid by participants in such anti-colonial liberation struggles. As with other anti-colonial
uprisings, the uncertainty is whether the Palestinians have the national stamina
to gain the fruits of such a victory, that is, national liberation embodying the realization of the ultimate human right, that of self-determination. Israel under the sway of Zionist ideology and the Masada Complex seems prepared to pay a far higher price in blood, treasure, and reputation than have been other recent settler colonial projects to exterminate opposition its goals of eliminating resistance by the native or homeland residents.

3.The Israel-Iran war raises many questions as to what kinds of changes will it
bring to the regional and global order? What do you think is the real reason
behind Israel targeting Iran after Gaza, Lebanon, Syria, and Yemen? What do
you think are the geopolitical and the political goals of the Israel-US duo?

Response: Israel has made clear in its foreign policy pronouncements that it seeks to prevent any country in the region from becoming strong or bold enough to challenge Israel’s military preeminence. Its extension of the Gaza combat zone to several Middle Eastern countries signals its resolve to eliminate or severely weaken any Islamic non-state movement that is aligned with the Palestinian struggle for national liberation, the exercise of its long-denied rights of self-determination and perceived in Tel Aviv to pose a challenge to Israel’s strategic and hegemonic ambitions. The inflamed atmosphere caused by the prolonged genocide in Gaza give rise to a context in which rising global
discontent with Israel create incentives to strike at its actual and imagined
regional adversaries.

Iran above all is singled out as Enemy No. 1, in part to divert attention from the grim happenings in Gaza and the West Bank, to carry out its
long-time strategy of remaking the Middle East to its liking, and to address Iran’s
supposed security threat centered on its potential acquisition of nuclear
weapons. The Israeli justifications involve preempting security threats before
they can materialize or striking disproportionately (along the lines of the Dahiya
Doctrine) in response to behavior perceived as hostile to the Zionist game plan
that features the minimization of a Palestinian presence within an enlarged
reconfigured Israel that erases Palestine from the map of what Netanyahu likes
to call ‘the New Middle East’ or ‘Greater Israel.’ Such ambitions would compel the massive physical displacement and psychological marginalization of
Palestinians. It also seeks to coerce the most defeatist representatives of Palestine to agree to the surrender of national political goals, including the most basic rights embodied in international law, especially in relation to human rights.


The 12-day Iran War exemplifies this approach, with the proclaimed  goal of
eliminating, or at least substantially delaying, Iran’s alleged threat to acquire
nuclear weapons. A secondary rarely openly acknowledged goal is to stimulate a restive
Iranian opposition to seize the moment to launch a campaign to achieve regime
change in Tehran. Underlying these, is an unspoken third goal of renewing fear
of Israel’s deterrent capabilities and preventive war mindset in a potentially hostile post-Assad Syria feared to emerge as a destabilizing presence in the Middle East. The attack on Iran also created an
opportunity that came to fruition to involve the US directly in the coercive administration of Middle East politics. Israel’s dependence on US supplementing its initial attacks by
enlisting B2 planes that the US alone possessed delivering Blockbuster Bombs on
underground Iranian nuclear sites demonstrated the strength of Israel’s leverage in Washington and the limits of Israel’s purported military dominance in the Middle East.


The Israel/US duo in the region has two imperial objectives. The first is assuring
friendly governments control the energy resources of the region. The other is to

contain the spread of Islam beyond the vital civilizational fault lines in the Middle
East. This second goal helps explain the blind eye that the Western liberal democracies turned toward the prolonged genocidal assault on the civilian population of Gaza while
actually exhibiting complicity in the commission of this crime. This crime
simultaneously denied the right to life, right to peace, and a rebuff of
fundamental individual and collective legal entitlements of national self-
determination to all peoples.

4.You previously served as the UN Special Rapporteur on Palestine. Prof. Michael
Lynk, who served as the UN Special Rapporteur on Palestine between 2016 and
2022, recently stated at Boğaziçi University’s conference ‘Rethinking International
Law after Gaza’ that international law alone cannot ensure Palestine’s liberation
and that there must also be international resolve. What concrete proposals do
you have for establishing the resolve to implement the principles and decisions of international law?

Response: I share Michael Lynk’s view about the inability of international legal authority to be self-enforcing in situations of defiant non-compliance that Israel has
manifested in all aspects of its relations with the Palestinian people and most
dramatically over the course of more than 22 months of a genocidal assault on
the civilian population of Gaza and the devastation of physical infrastructure of
Gazan society casting doubt of its viability as a place fit for human habitation.
This is especially the case, as here, where the violator enjoys geopolitical support
from the US and the European Union. There are several steps that can be taken
on levels of policy and others of a more systemic character.

Civil Society Solidarity Initiatives. There are variety of ways that people
can act to close the enforcement, accountability, and complicity gaps when the
UN and organized normative order fails, as it has in Gaza, and more generally
with regard to protecting the basic rights of the Palestinian people. The struggle
against the South African apartheid regime illustrates the impact of civil society
activism in the struggle to combat racist criminality. Such initiatives as the BDS
movement, featuring nationalist boycotts of cultural and sporting events by
refusals to perform in South Africa and mounting pressure to exclude
participation by South African performers and athletes elsewhere contributed to
anti-apartheid struggle, as well as seeking to discourage new investments and to
divest from past investments, and sanctions by way of arms embargoes and
other punitive actions were expressions of moral outrage directed at the South
African regime, and although unacknowledged, are widely thought to have
contributed to the unexpected and sudden decision by South African leaders to
abandon apartheid, free Nelson Mandela from prison after 27 years, and arrange

free elections of all South African inhabitants to select a new leadership and
establish a constitutional structure based on racial equality and human rights for
all.


There are a variety of other solidarity initiatives that can be mentioned: waging a
Legitimacy War to control public discourse, with the winner controlling the high
ground of law and morality; exertions of a variety of pressures on media and
government in complicit countries; protests by global voices of conscience
demanding arms embargoes; individual actions such as tax refusal and self-
martyrdom in protest.


Collective Governmental Coalition. The Hague Group, originally formed by
states of the Global South, provides a venue for opposing Israel’s Gaza genocide,
including a statement of purpose and the recommendation of action-oriented
measures intended to exert pressure on Israel in relation to its behavior in
Occupied Palestine. The Hague Group met in Bogotá at an emergency meeting
at the joint invitation of Colombia and South Africa. A Declaration signed by the
30 participating governments and the adoption of a commitment to impose a
series of anti-Israeli measure by 12 of the participating states. The event is an
important indication of the emergence of the Global South from a period of post-
colonial passivity and suggests a revival under altered circumstances of the
Bandung Spirit, which challenged the preoccupations of the Cold War by
giving priorities to liberation struggles and development priorities, and projecting a
different conception of global security and international legitimacy at the UN and elsewhere.

UN Reform. There are variety of UN Reforms that would enhance respect for
international law and enforcement/accountability prospects. The most promising
reforms to achieve a more effective UN that seek to serve global public interests
with respect to war prevention and global security include the following:
empowerment of the General Assembly via implementation of the Uniting for Peace Resolution and Responsibility to Protect (R2P), direct enforcement without recourse to
Security Council of ICJ judgments; elimination or curtailment of the right of veto
in the Security Council and in other decision points in the UN System; expediting
ICJ proceedings in emergency situations; renaming ‘Advisory Opinions’ of ICJ as
‘Authoritative Legal Judgments;’ adding layers of protections to the work of
Special Procedures to ensure political independence and immunity from
defamation and sanctions. Seldom discussed is the enhancement of status of UN
Special Rapporteurs, including more explicit responsibilities of the UN Secretariat
to offer protection extending to disallowing defamatory attacks by NGOs within
UN arenas of appraisal such as the Human Rights Council. Vesting increased war prevention authority in the office of the Secretary General.

New Pedagogical Paradigm. Legal education is deficient in its approach to
international law, especially in relation to core public order issues of conflict,
human rights, and development. It focuses on the vocational preparation of
students to be practicing lawyers within the confines of nation states.
International law is seen as a discretionary subject at the margins of the law
school curricula and is not well understood even within democratic societies
governed in accord with constitutional commitments to uphold the ‘rule of law.’

A pedagogy of international law that would be more supportive of a global normative order that was more geared to the realization of values associated with peace, justice, and sustainable development would view legal education as a vital source of civic
education in relation to engaged citizenship. The goals would be to require all
graduates of law schools and other law programs to grasp the relevance of an
effective just world order to human interests in overcoming global challenges.

Educational reform would also include course offerings on the history of
international relations. Courses would feature critiques of ‘political realism’ that
continues to be the shared operational code of planners and advisors that shape
the worldviews and foreign policy of almost all leading governments. The ‘group
think’ of foreign policy elites create an atmosphere in which strategic ambitions
and security calculations take precedence, limiting international law in its
regulative role to policy settings in which mutuality is seen to exist. With respect
to global security context the propaganda role of international law tends to be
paramount, serving as a foreign policy instrument for mobilizing opposition
against international enemies while dismissing international law when its
constraints are violated by the national government or its allies. Law is not law
that treats equals unequally as was the Global West’s appeal to international law
when dealing with Russia’s attack on Ukraine and its dismissal when responding
to more serious allegations of genocide made against Israel.

5.What kind of global order and international law was built after World War II such
that no power, mechanism, legality, or institution can stop Israel’s genocidal,
expansionist, and occupationist policies? If this inability continues, what kind of global order and international law awaits us? As an experienced scholar who has conducted academic and field studies in international law and practices for more than 40 years,and who has written books on the legitimacy of global order, legality, and the future of international law, how do you think the global order and international law will beshaped after Gaza? What kind of world order awaits us? How would you name this new order? Is it similar to past versions of Pax America?

Response: To some extent the last part of my response to the prior question
anticipates your concerns here. As suggested, the overriding of international law by
the political realist control of foreign policy results in world order being shaped by
power rather than by the restraints and procedures of law and the guidelines of
ethics and justice, at least in relation to global security and war/peace issues. More
specifically, what emerged from World War II was not a genuine war prevention or
global security framework as pledged in Preamble to the UN Charter. Instead, the
international normative order deliberately marginalized the UN, and international law
generally, although with certain potentially significant exceptions. The global
normative order that has evolved since 1945 was designed to give the winners in the
war against fascism freedom of action to pursue their strategic interests exempt from
the rule of law and international law by virtue of a right of veto given to the five
winners that also turned out to be the five countries allowed to acquire nuclear
weaponry.

Such a great power hegemonic world system was also evident in the war
crimes trials at Nuremberg and Tokyo, which only prosecuted German and Japanese
military and political officials, that is, the crimes of the losers in the war. No legal
scrutiny led to investigations, much less prosecutions of the major crimes of the
winners, including indiscriminate strategic bombing and the use of atom bombs
against two Japanese cities despite their scant military importance. A great liberal
show was made of the limited due process offered to these surviving high officials of
Nazi Germany and imperial Japan, but the one-sidedness of the legal proceedings
made a mockery of claims that a new of international criminal justice had commenced
at the war crimes trials. A further irony is that the agreement to establish these
tribunals were set by the Allied Power in London on August 8, that is on the day
between dropping an atomic bomb on Hiroshima and a second bomb on Nagasaki, a
historic display of humanitarian insensitivity by the self-righteous winners of World
War II.

A second phase of such a hegemonic normative order emerged from the collapse of
the Soviet Union bringing the Cold War to an end in the early 1990s with victory by
the West. To fill the geopolitical vacuum that existed, the US proceeded to project its
power throughout the planet by becoming the first ‘global state’ enabled by a network
of hundreds of foreign military bases, naval units in every ocean, and an aggressive
space program to safeguard dominance on earth. By so acting, the US ignored the
possibilities at the end of the Cold War of achieving nuclear disarmament,
demilitarization, a justice-oriented approach to global policy, and prosperity resting on
an ecologically resilient approach to economic and social development. This missed
opportunity for global reform has generated chaos, violent conflict, wasted resources,
widening wealth/income gaps, the rise of chauvinistic autocratic rule in many leading
countries, and dangerous levels of ecological instability affecting adversely global
warming and food security.

Pax America is most accurately interpreted as an historic period of post-colonialism
that is best described as US dominated Western imperialism.’ It is also illuminating to
regard the interval between the end of the Cold War in the early 1990s and the
Russian attack on Ukraine in 2022 as an enactment of Pax America, with less Pax and
more America. It featured US armed interventions with the goal of achieving regime-
change, as in Afghanistan and Iraq, followed by lengthy occupations committed to
state-building along capitalist, constitutional lines at great expense, and disappointing
outcomes given the motivations of the intervenors. Dubbed ‘wars of choice’ and
‘forever wars’ these attempts to impose Western models of pollical and economic
structures and alignments in accord with the postulates of neoliberal globalization
were not only carried out with scant attention to the constraints of international law
but resulted in political failures. The US experience in the Vietnam War is
paradigmatic: enduring political defeat despite battlefield dominance.

6.While the people of Gaza are living through a live genocide under bombs, hunger, diseases, and blockade, as a theorist in the field of global order and international law, how do you think this genocide can be resolved by Netanyahu and Hamas? Hamas and Netanyahu are not stepping back from their core arguments. How can this deadlock be overcome? What is your concrete proposal?


Response: To begin with, Netanyahu and Hamas are not equal or symmetrically
situated. Israel enjoys total military control of the political space and enjoys material
and diplomatic support from the NATO members of the UN Security Council, as well as
the backing of these countries in the West on such legal and moral issues as whether
Israeli use of force should be viewed as ‘genocide’ or ‘self-defense.’ All ‘two sides’
approaches to the Israel/Palestine past, present, and future are tainted by their tacit
acceptance of master/slave structures of interpretation and advocacy.
Hamas has few cards to play when it comes to diplomatic negotiations. The only
obvious one, and it is tenuous and contingent, is the retention of Israeli hostages
taken on October 7, some alive, some dead. In addition, Israel’s leaders have
manifested on many occasions that the return of the hostages is not a high priority
justifying significant concessions.

The only just way to manage conflict resolution is to balance a long-term ceasefire
against an assured path to meaningful realization of the long deferred Palestinian right
of self-determination in a form that is not another instance of Israeli/US ‘breadcrumb
diplomacy,’ exchanging Israeli territorial expansion for a demilitarized Palestinian
Bantustan put forward as the fulfillment of ‘the two-state solution.’ Palestinian
representation must be legitimate and endowed with agency at any day-after

diplomatic process seeking reconciliation. From a detached perspective, for a variety
of reasons, a single secular state with equal rights for both peoples seems like the
only durable justice-driven solution, but it is up to Israeli and Palestinians to arrive awhat now appears a ‘utopian’ solution.

7.Since October 7, 2023, if we ask you to analyze the stances and actions of the
following actors in the face of Netanyahu, Hamas, and the genocide, what picture
would you paint for us? The Mahmoud Abbas Government, Egypt, Qatar, and Turkey

.
Response: —Mahmoud Abbas Government: At its best, a pragmatic adjustment to
the victimization of the Palestinian people living in the Occupied Territories of East
Jerusalem, West Bank, and Gaza, privileging a matter of getting on with daily life as
well as possible, while continuing to represent Palestine in international negotiations
and endorse to the ‘two state solution’; at its worst, collaborating with Israel in
maintaining security on the West Bank, supporting anti-Hamas tactics of Israel
including the punitive blockade on Gaza imposed in 2007 in reaction to the
unexpected Hamas electoral victory the prior year; failure to win support from most
Palestinians living in foreign countries as refugees or exiles; by and large, the
Ramallah government operates within the comfort zone of Israel and United States, as
does settler violence land-grabbing; in my judgment the Abbas government is not
playing a satisfactory role of international representation of the Palestinian resistance
focused on the exercise of basic rights, especially the inalienable right of self-
determination;


Egypt: In keeping with the behavior of other Arab governments Egypt has verbally
criticized Israeli behavior in Gaza, but has carefully refrained from engaging in any act
that might provoke hostile reactions by Israel; in this sense, Egypt has remained
nervously on the sidelines, although resisting pressures to date to accept large
numbers of Palestinians forcibly displaced from Gaza; Egypt as aligned with the US
and Saudi Arabia exhibits hostility to Hamas as an extension of its domestic antipathy
toward the Muslim Brotherhood within its own borders. Compared to Nasser’s Egypt
the current government has lost popular support and regional respect, especially in
civil society circles of influence;


Qatar: As a small country hosting a major US military base and vulnerable to hostile
action by other Gulf monarchies, Qatar has few choices, although it has maneuvered
skillfully to give itself the unique position of being the Switzerland of the Middle East,
useful to all sides in the multidimensional conflicts that have brought chaos and misery
to many countries in the region; Qatar’s leaders have been careful to appear neutral in
relation to the conflict between Israel and Palestine, although it has long provided a

safe haven for top Hamas leaders living in exile, and extended hospitality to other
Palestinian notables, such as Azmi Bishara, no longer to feel secure in Israel; in the
current high profile Gaza ceasefire negotiations only Qatar was considered suitable, providing security and facilities;


Turkey: Only Turkey has played effectively a somewhat contradictory role. On the
one side Turkey, as much as any government in the region aside from Iran is second
to none in the fierceness of its denunciation of Israel’s behavior in Gaza since October
7, with its top leadership in Ankara not hesitant to categorize Israel’s violence as
‘genocide’ and to provide a domestic setting supportive of the Palestinian struggle for
basic rights, including such initiatives as the Gaza Peoples Tribunal scheduled to have
its final session in Istanbul at the end of October; at the same time, Turkey seeks to
maintain good economic and political relations with the European Union and the
United States. The Turkish government has also been criticized, and accused of moral
hypocrisy, due to its failure to shut down the pipeline supplying Israel with oil sent
from Azerbaijan and supposedly vital for its war effort.

8.In your book translated into Turkish as ‘Globalization and Religion: Humanitarian Global Governance,’ you list several reasons for your new idea of ‘Humanitarian Global Governance’ as follows: ‘Part of the appeal of religion is an antidote to the homogenizing effects of out-of-control consumerism and pseudo-universalism.’ You also state, ‘I have never gotten along well with the morality or knowledge system of scientific humanism in my approach to law and politics.’ Could you elaborate on your perspective that religion serves as an antidote? Also, why do you not get along well with scientific humanism? Which paradigm do you currently align with in your approach to law and politics?

Response: The book’s title and central idea are unfortunately mistranslated. In English the key word is ‘humane,’ not ‘humanitarian, which has a different meaning and resonance. Humanitarian or humanitarianism refers to acts of relief, undertakings designed to mitigate human suffering, or simply acts of kindness toward those in need. ‘Humane’ refers to a worldview animated by love, justice, fairness to all human beings, and an affirmation of the spiritual dimensions of reality. It can be coherently brought to reality or nurtured by certain patterns of governance that reflect shared societal values often transmitted by way of organized religion, but more often betrayed by repressive and corrupt governance and by despiritualized religious institutions and practices.
My ambivalence toward ‘scientific humanism’ is a consequence of its epistemological
stance, which devalues spirituality in all its forms, substituting rationality and scientific
validation of knowledge.

These understandable reactions to the shortcomings of

religion led to the liberation of superstition and marginalization of metaphysical
abstractions (such as ‘God’) from the workings of society, leading to the substitution
of the Enlightenment view of knowledge and to the rise of modernity in the West with
its vision of progress reliant on dynamic technological innovation. What was sacrificed in the process was a sense of human community including the ethics of empathy and a
politics of compassion, as well as the denial of spirituality. The aspirations of a
‘humane’ approach is to restore the virtues of the pre-modern without losing the
benefits of modernity as conditioned by the extension of human rights, the curtailment
of militarism and nuclearism, and care for ecological stability.

To reorient modernity to overcome these dangerous deficiencies is what I intend by
the stress on a ‘humane’ worldview. It calls for an ethics and politics of moderation,
enlivened by spiritual awareness and practices, reflecting a realistic appreciation of
global challenges. Among governance frameworks, the most congenial for me is that
of ecologically conditioned varieties of democratic socialism in a global setting finally
inclined toward denuclearization and demilitarization, as well as the repudiation of
predatory capitalism and the kind of excessive individualism that arises when the
market is entrusted with the promotion of human wellbeing in all its facets.

Countering Genocide: An Interview

2 Aug


SU

This article appears in the August 1, 2025 issue of Executive Intelligence Review.

lPrefatory Note: An interview with Mike Billington of the Schiller Institute on array of topics. Published in the August issue of Execuitve Intellligence Review}

[Print version of this article]

Richard Falk is a professor emeritus of international law at Princeton University. He is a prolific author who has written extensively on international law and the United Nations. From 2008 to 2014 he served as the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The interview was conducted on July 23, 2025 by EIR’s Michael Billington. Subheads have been added.

Mike Billington: Welcome. This is Mike Billington with the Schiller Institute and the Executive Intelligence Review. I’m very pleased to once again have the opportunity to do an interview with Professor Richard Falk. Professor Falk is a professor emeritus of international law and practice at Princeton University. He is also the former United Nations Human Rights Rapporteur in Palestine and the Occupied Territories. He also is a member of the editorial board of the magazine The Nation, in which he published a recent article on the issues that we’re going to discuss. He’s the president of the Gaza Tribunal, which we will also discuss. Welcome, Professor Falk, and thank you for joining us.

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UN Photo/JC McIlwaine

Richard Falk, former UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967.

Prof. Richard Falk: Thank you, Mike, for having me. Glad to be with you again.

Billington: In your article in The Nation on July 15, which was titled “Sanctioning Francesca Albanese—Marco Rubio Tramples on the Law, Justice and Truth,” in that article, you review the heroic role of Francesca Albanese as the UN Special Rapporteur for the Occupied Palestinian Territories of East Jerusalem, West Bank and Gaza, which is a position you held from 2008 to 2014, in two three-year terms. In the article you denounced the sanctions imposed by U.S. Secretary of State Marco Rubio on Ms. Albanese. What is the background to this situation?

Prof. Falk: Well, the background, as far as the U.S. government is concerned, relates to the arrest warrants that the International Criminal Court issued some months ago, to arrest, for crimes, Prime Minister Netanyahu of Israel and the former Israeli Defense Minister, Yoav Gallant. In February of this year the U.S. imposed sanctions on the four judges that participated in the endorsement of the prosecutors’ recommendation that the arrest warrants be issued. The ICC was sanctioned through the denial of entry to the U.S. to these individuals and their immediate families, and their assets that were within the U.S. were frozen. The ostensible reason that the U.S. government gave for sanctioning Francesca Albanese was that she, in her last report, which has the title “From the Economics of Occupation to the Economics of Genocide,” singled out 48 American and international corporations that were profiting from the genocidal policies being pursued by Israel, and recommended that the ICC investigate and possibly prosecute individuals associated with these companies.

The reason, I think, for the linkage to the ICC in her case, was that the Trump executive order that originally was issued after the ICC arrest warrants, implicated the ICC in imposing these arrest warrants against Israel, in violation of America’s U.S. political interests. This was backed up by the claim that, because the U.S. and Israel are not members of the ICC—they’re not parties to the Rome Statute setting up the ICC—they’re not subject to its authority, and therefore the ICC and the prosecutor and these judges were overreaching their authority.

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CC/Laryllian

Francesca Albanese, UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, whom Prof. Falk characterizes as “the world’s leading candidate for the 2026 Nobel Peace Prize.”

Francesca’s recent report really didn’t have very much to do with the ICC, except for that recommendation at the end. But it was a kind of a link to the executive order that gave at least the appearance of being a legal foundation for sanctioning her. Rubio, in his statement, made clear that that was not the only grievance that they had against her. He made a statement that she was maliciously associated with anti-Semitism and did harm to U.S. and Israeli economic and political interests, and in fact, accused her of engaging in economic warfare. It was a quite intemperate statement for a prominent U.S. official to make. And it represented, I think, a long term campaign by Zionist NGOs and by Israel to get rid of her, or at least to discredit her in a kind of distinctive and punitive manner. That was the attempt.

It had the exact reverse effect. Because now she’s, I suppose, the world’s leading candidate for the 2026 Nobel Peace Prize. And she’s even being mentioned as the ideal candidate to be the first woman Secretary-General of the United Nations. So, it is an interesting polarization between this kind of satanic image of her misdeeds, and the sense of praise for what she has accomplished in the course of being a Special Rapporteur of the UN at a difficult time, when the UN itself has proved to be unable to do anything effective to stop the genocide.

Billington: Right. You yourself wrote an article calling on Albanese to be awarded the Nobel Peace Prize, rather than the sanctions that she had been given by Rubio and the U.S.

Prof. Falk: I also added that a President respectful of the rule of law and international justice, would have requested Rubio’s resignation after making such an outrageous action.

Billington: I was going to add to that there’s a petition now circulating which has well over 300,000 signatures calling on Francesca Albanese to be awarded the Nobel Peace Prize. What do you think will be the impact of that, if she actually gets that award or if she gets appointed as the Secretary-General of the UN, as you mentioned?

Prof. Falk: As far as the Nobel Peace Prize is concerned, I’ve tried to warn people not to have the appearance of a campaign on her behalf for the Peace Prize, that will hurt her prospects. I’ve been nominated a few times myself, and I know from the committee in Oslo that they are very put off by the sense that they’re giving the award in response to a campaign on behalf of a candidate. So, I wish this petition wasn’t being circulated because they’re quite capable of reaching their own independent assessment, and they might well react to the feeling that they don’t want to seem to be succumbing to political pressure to give her the award.

Acts Destructive of Justice

Billington: You state in the article that you had in The Nation that the sanctions being imposed are “contrary to international law and morality.” In general, what does this say about the fact that the U.S. role in the world is now increasingly seen as an imposer of sanctions and dictates, rather than any kind of policy for supporting development and progress?

Prof. Falk: I think it’s a very concrete instance of punishing a person that should be given an honorific recognition for her bravery and trustworthy reporting under a very difficult situation. So, it’s symbolic of a broader spectrum of acts destructive of justice and world order, of which the U.S. had taken pride in establishing after World War Two. It was established with certain notable deficiencies, but it did respond to public pressure for a war prevention and global security framework that would be more in keeping with the global public interest of peoples, and less an instrument of either capitalist expansion or militarist domination. Unfortunately, after the Cold War, the U.S. chose this path of promoting its national economic and geopolitical interests at the expense of the public good.

Billington: Francesca Albanese was a featured speaker at a meeting that took place in what’s called The Hague Group in Bogotá, Colombia, over this last week. This is a group of over a dozen countries that are led by South Africa and Colombia to address the question of the Palestine genocide and the question of statehood for Palestine. I’d like to read a short excerpt from her presentation there, about which I’d like to hear your comment. She said that “Each state should immediately review and suspend all ties with Israel…. I mean, cutting ties with Israel as a whole…. And to consider first and foremost what must we do to stop the genocidal onslaught.” She also said there’s a revolutionary shift going on in the mood of the world. “We are seeing the rise of a new multilateralism: principled, courageous, increasingly led by the Global Majority,” often called the Global South. “…I say the Hague Group has the potential to signal not just a coalition, but a new moral center in world politics…. Millions are watching, hoping for leadership that can birth a new global order rooted in justice, humanity and collective liberation. This is not just about Palestine. This is about all of us. Principled states must rise to this moment….” And “Palestine will have written this tumultuous chapter … as the newest verse in a centuries-long saga of peoples who have risen against injustice, colonialism, and today, more than ever, neoliberal tyranny.” Do you have anything you’d like to add to that?

A Glimmer of Light in a Dark Sky

Prof. Falk: I think it’s a very eloquent and idealistic vision of a different world order, with values that are much more in keeping with the well-being of humanity as a whole and more conducive to the promotion of peace and justice in the world. They do give a kind of a glimmer of light in a dark sky. There have been several such glimmers of light recently. And they do have the potential, far from the certainty, but the potential of a change in the political atmosphere and in the way in which global security and war prevention and development policies are pursued. It involves curtailing the impact of predatory capitalism and militarist geopolitics. That will not happen without overcoming the entrenched commitment of the established order to things as they are. And we have a very unimpressive set of global leaders in the important countries of the world at this time of global challenge.

A more skeptical response to what Francesca has said would be to criticize the short term, performance orientations of the elites of the world, both the corporate elites and the political elites. Corporate elites thinking of the profit, near-term term profits, political elites thinking of their re-election or their legacy, but in a manner that doesn’t address the fundamental issues that confront the world at this time, ranging from climate change to mass poverty, to very severe forms of continuing political violence in many places, and of course, to the centrality of this ongoing genocide that has been a challenge to even the political language that is used by the U.S. government and other supporters of Israel, which present the most transparent genocide as if it were a routine exercise in justifiable self-defense. That involves, I think, one of the worst Orwellian reversals of reality that has occurred in my lifetime. And it is at the cost of this massive, prolonged suffering endured by all Palestinians, but most especially those living in Gaza and the West Bank.

Billington: You mentioned other glimmers of hope of a major change like this. Do you want to comment on any of the other glimmers you were thinking of?

Prof. Falk: One of the other glimmers is the victory of Zoran Mamdani in the New York mayoralty primary, which defied pollsters and political conventional wisdom that a Muslim progressive had no chance politically to prevail. He was outspent 10 to 1. And he evoked this sense, that also Francesca was projecting, that there is another possibility, another set of possibilities for how one copes with the problems of equity, fairness and the issues that are on the top of the political and economic agenda.

What we see in response is the backlash from the darker forces that are bipartisan in character, both the Democratic and Republican establishments. The two-party system wants no part of the political ownership of a man [with] Mamdani’s kind of revolutionary politics. But at least in this arena, one encounters the sense that there could be an alternative. But it’s only a glimmer of light at this point. It has to be reinforced by a popular movement of people and the engagement with the ongoing conflicts, especially Gaza and Ukraine, in ways that bring a more stable future to world politics and allow the focus to be placed more on what people need to lead a decent life, and what the world and the planet needs to be ecologically resilient under growing threats of instability.

Objectives of the Gaza Tribunal

Billington: You are also the president of the Gaza Tribunal, which was founded at a conference in Sarajevo in May. The resolution which was signed there by the founders, including yourself, condemned the failure of the UN, the growing public protests and leading governments, whose actions have thus far not stopped the ongoing genocide by war and starvation of the Palestinian people. What is the purpose of this Tribunal, and what do you think has been the impact in its founding?

Prof. Falk: I was asked to be the president by some sponsors in Türkiye of this undertaking, and they convinced me that it was a worthwhile undertaking. I’m not normally very comfortable in quasi-administrative roles and also not very confident in them, but I was unsuccessful in persuading them to seek an alternative to myself. And I thought it was important. I’ve participated as a judge in past people’s tribunals and found them to be a useful way of narrating a conflict in a manner that is progressive and free from media manipulations and government control and self-censorship and so on.

And in the context of the Gaza situation, the formation of such a tribunal takes place after the formal system exhibited an inability to enforce international law. It did some positive things, such as the International Court of Justice’s response to the South African submission that Israel was, in carrying out its policies in Gaza, was violating the International Convention on Genocide. It was very professional and juridically impressive in responding to that submission by issuing some interim orders that acknowledge the plausibility of alleging genocide, and condemned Israel’s disruption of international delivery of humanitarian assistance.

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UNRWA/Ashraf Amra

A mother in Gaza cries for her four-year-old daughter, who lost her life due to starvation and lack of treatment, brought about by Israel’s genocide policy against the Palestinians.

These interim rulings were directed to Israel, but were defied, as expected, and so an enforcement gap was made clear that the ICJ could declare authoritatively the law, but its enforcement, if a state such as Israel refused to voluntarily comply, and was subject to the veto of the only part of the UN system that had enforcement capabilities and authorities, the Security Council, that meant that the UN was paralyzed in dealing with enforcement or accountability or complicity.

The objective of the Gaza People’s Tribunal is to close these gaps, or at least to exert pressure on these gaps, by activating people in civil society to exhibit solidarity initiatives that support the Palestinian struggle, by both placing pressure on governments to stop supplying arms, to cut diplomatic relations, to do various things that would indicate more than a verbal commitment to end this genocide.

It is shameful that the Arab governments that could exert decisive pressure have proved to be passive or even indirectly supportive of Israel’s tactics in Gaza. So, the two main objectives of the Tribunal are stimulating activism by civil society individuals and other collective actors, NGOs and so on. And the second one is to document in an objective and comprehensive way the crimes that have been committed centering on the genocide, which, even if the ICJ eventually comes with a favorable decision, will not be rendered for a couple of years at best.

So, this promises a quicker result and a result guided more by the pursuit of justice than a legalistic conception of wrongdoing. In other words, a formal court is bound by the technical rules of a legal process. And that means impartiality and due process for the accused side. This Tribunal starts with the premise of Israeli guilt, and it makes no attempt at appraising the arguments advanced by Israel in an objective manner. But it does try to treat the evidence available to it as objectively as possible, and to proceed along the line, somewhat similar to what the Special Rapporteur Francesca Albanese has done in her three genocide reports, to create an archive that is authoritative as to the criminality of the Israeli policies. So, it’s action oriented and archival, stimulated, archivally ambitious, and has involved a good many highly qualified people.

A Jury of Conscience

Billington: You plan a follow-up meeting in October. What are your plans or your expectations for that event?

Prof. Falk: Let me preface this by saying the launch [of the Gaza Tribunal] was in London a few months before the Sarajevo meeting. The Sarajevo meeting tried to assemble a series of reports that addressed these two sets of objectives, and it will be an input into the final session in Istanbul, which will feature a jury of conscience, again trying to distinguish itself from a court of law. It is not. It is motivated by morality as much as by the attempt to identify and apply relevant law. Law is not irrelevant, but it isn’t the controlling criteria of how one assesses behavior in this sort of context, and it tries to be representative of all parts of the world and has members of its broader advisory council that come from different countries. The jury of conscience will also try to be representative and not composed of jurists alone, but of persons who have reputations as moral authority figures.

Billington: You have particularly protested the use by governments and by the press of calling anybody who protests the horror going on in Gaza as “anti-Semitic” or “supporters of terrorism.” What do you think about those repeated accusations?

Prof. Falk: I think they are a shamefully effective means of deflecting attention in the media and in the public from the message and trying to get people to talk about the credibility of the messenger. It somewhat works, reflecting the maxim that “where there’s smoke, there’s fire.”

Most people, and even the media, are sufficiently uninformed that they’re easily susceptible to this kind of manipulation. In the case of the use of this so-called weaponization of anti-Semitism against political figures, like Jeremy Corbyn in the UK and the three special rapporteurs on Palestine prior to Frances Francesca Albanese, there’s utterly no truth to the accusation that these individuals have any record or attitudes that are hostile to Jews as people. They are hostile to Zionism as an ideology that has made the Palestinians persecuted strangers in their own homeland. And that’s something that has also been manipulated in the press to a great degree, where the reality of Israel is fused with the ideology of Zionism.

I grew up in a Jewish home myself in New York City, but in an atmosphere of anti-Zionism. and I guess I’ve maintained that kind of identity throughout my life. I was a close friend of Edward Said, who was one of the principal Palestinian advocates of a just peace and an outcome that recognized the Palestinian rights, but also didn’t favor the forced displacement of Jews that were already in Israel. It did presuppose the dismantling of a Zionist set of rationales for the way in which Israel was governed, which involves, even prior to the genocide, a clear commitment to an apartheid structure, which is also a serious international crime, and was validated by such human rights NGOs as Human Rights Watch and Amnesty International.

I also collaborated with Virginia Tilley in a study sponsored by the UN Commission for the Middle East, on how to interpret the allegations of apartheid in terms of Israel’s policies and practices. That’s all part of the pre–October 7th [2023] reality that was effectively erased after the Hamas attack in such a way as to validate this reaction as if it came in a political vacuum—as the UN Secretary-General pointed out, and paid the price of being declared persona non grata in Israel even though he has refrained, as have many high officials in Europe and the UN, from using the G word.

Truth Is Getting Out

Billington: Speaking of the growing Jewish resistance to this Zionist genocidal policy, you probably saw this article by Dr. Omer Bartov, the professor at Brown University, which was published in The New York Times, which we were all quite surprised that The New York Times allowed such a thing to get through their strict restraint on any truth. But anyway, they did run this article, and he pointed out that the Israeli policy is clearly genocide. He said that not only is he Jewish, but he grew up in a Zionist family, that he lived in Israel for a long time, he served in the IDF and that he has spent his life teaching and researching war crimes and the Holocaust, so he recognizes genocide when he sees it, and this is it.

You probably know also that even the former Israeli Prime Minister, Ehud Olmert, has declared that the building of a so-called “humanitarian city” is nothing but an excuse for building a concentration camp, which, of course, in Israel brings up very powerful images for people who lost many of their family in Nazi concentration camps. Do you think there is a shift going on in getting the truth out, getting this narrative out?

Prof. Falk: Yes. I think there is a normalization of language, which includes even The New York Times being somewhat receptive to using illuminating terminology rather than obfuscating terminology, which they had been using, describing this as a war, or as a “justifiable defensive response” to the isolated attack on October 7th. But you should take note of the fact that today, the lead editorial in The New York Times by Brett Stevens, a militant or ultra-Zionist, has the descriptive headline: “No, Israel Is Not Committing Genocide.” It is an intelligent but highly selective way of saying that Israel is engaged in a traditional war scenario, and that bad things happen in wars, but this has nothing to do with trying to kill Palestinians because they’re Palestinians. The casualty totals would be much higher if that was the Israeli objective, he claims. They could kill many more people with the technology that they have and the absence of any meaningful capability to resist, which very seldom is taken note of in the West. This is the most extreme of asymmetric conflicts, where one side is totally vulnerable, and the other side just decides what it wants to destroy and faces no meaningful resistance.

The Fascist Roots of Zionism

Billington: Just the fact that such a headline would be published demonstrates that they’re increasingly frantic about the fact that the world does recognize that this is genocide. So, thou dost protest too much, as they say.

You used the term “political Zionism.” What do you mean by that term?

Prof. Falk: I mean that it is an ideology that started in the 19th Century and was a reaction to European anti-Semitism and a biblically rooted idea that Jews would flourish again if they could recover Palestine and make it into a Jewish promised land. They proceeded, in their early stages, under secular leadership. Very antagonistic actually, to diaspora Jews, while quite pragmatic in their dealing with the Nazi leadership in the early years.

They shared with the Nazis, before the Final Solution was adopted by the Nazis, a shared objective of removing Jews. Zionists wanted to coerce emigration to what was then Palestine, and the early Nazis wanted to exclude as many Jews as possible, a kind of ethnic cleansing, and even made favorable economic arrangements with Zionists to allow those who agreed to emigrate to take their property with them, to liquidate their real property and take the liquid assets with them. So there’s a long collaboration, a kind of ruthless pragmatism.

Zionists were responsible for blowing up a synagogue in Iraq in order to again persuade Jews that they had no future if they didn’t come to Israel. And several of the European countries helped give the Zionist militias weapons and training. So, there was a kind of joint project, orientalist in its character. The residents of Palestine, the Arab residents, were never consulted. This was partly a British colonial policy that wanted to divide and rule Palestine after World War One, the famous Balfour Declaration. Balfour himself, who was Foreign Secretary of the UK, was known to be an anti-Semite and welcomed the idea of Jews migrating to Israel, and supported not a state, but a homeland.

The tactics of political Zionism from the beginning have been to take what they could get at any given time, but not regard it as a satisfaction of their project. In other words, it was the pursuit of so-called salami tactics where you proceed by small steps toward the ultimate objective. In my view, their response to October 7th was their attempt to pursue the end game of the Zionist political project, which the Netanyahu coalition, which came to power several months before October 7th, made rather clear: that their objective was to promote the settler militancy on the West Bank with the objective of annexation, and to secure the erasure of Palestinian political identity and goals.

Netanyahu came before the UN General Assembly several weeks before October 7th and waved a map at the delegates which showed what he called the “new Middle East” with no Palestinian entity acknowledged. Therefore, I think October 7th in the broader context of what was called, even by Washington, the most extreme Israeli government ever to govern, was [used to justify] this kind of onslaught on Gaza as a way of terminating any Palestinian expectations of statehood or of continued resistance.

It’s well known that Netanyahu and the Israeli leadership had several very reliable warnings of the impending Gaza attack, including from Washington, months before the event, and that this was either deliberately ignored, or certainly not responded to with any kind of typical Israeli security preoccupations.

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CC/Avital Efrat

Lord Balfour’s visit to Binyamin, Palestine, in 1925. Sitting from left to right: Vera Weizmann, Chaim Weizmann, Balfour, Nahum Sokolov. Standing: British Mandate officials and PKA officials.

Billington: This all goes back to Jabotinsky and Bibi’s father, who worked with Jabotinsky. That whole history was covered extensively in a book by one of the leading members of your Gaza Tribunal, Avi Shlaim.

Prof. Falk: He’s a professor at Oxford.

Billington: My associate, Harley Schlanger, has written an extensive report on the book by Avi Shlaim, which we published in the Executive Intelligence Review, which goes into that whole history, and touches on the role of Bibi Netanyahu’s father and Jabotinsky and others in doing what you described. So this is very important.

Prof. Falk: Fascism, particularly in Italy, was a powerful influence on the Jabotinsky view, which in a certain sense was realistic in viewing the fact that the Palestinians would not just abandon their own nationalism. And either Israel would have to face a continuing challenge, or it would have to erect an Iron Wall and have the Palestinians effectively behind that wall.

Billington: Right. The resolution of the Gaza Tribunal states that “self-determination is a universal rule not subject to exception and binding on all states.” But obviously this is not being followed, not being honored. How do you account for that and what has to be done?

Prof. Falk: I think that the liberation of the Palestinian people depends on the realization of their basic rights that have long been denied. The aspiration for self-determination has a certain legal and moral foundation, in being endorsed by the UN General Assembly and being the subject of an important General Assembly resolution which talks about cooperation and friendly relations among states, and affirms not only the right of self-determination, but also the right of a people to struggle with weapons if necessary, to achieve these rights. So, there is a right of armed resistance to a situation characterized widely now as colonialism or settler colonialism.

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Jabotinsky Institute Archives

Pictured here, Ze’ev Jabotinsky (bottom right) meeting with Betar leaders in Warsaw, Poland, circa 1939. Betar is a right-wing youth movement that arose at that time and adopted special salutes and uniforms influenced by fascism. Bottom left is Menachem Begin, future Prime Minister of Israel.

I think that’s a very important background reality. Of course there is resistance to its fulfillment in various settings, most prominently now in Gaza, but also in Kashmir, Western Sahara and other places in the world. There’s been a lot of discussion of the rights of the people in Chechnya in Russia, and in Xinjiang Province in China; Puerto Rico and Hawaii in the U.S. context. So, there are many unresolved issues of self-determination. It’s also somewhat confused by a second principle in international law, which is that the rights of self-determination cannot be achieved by the coercive fracturing of existing states. That really confuses the issue.

The last thing I would mention or call attention to is that both of the covenants of human rights, which are the basic instruments for the protection and an articulation of human rights, have as their common Article 1 the inalienable right of self-determination of a people. So, it has a real rootedness in the evolution of international law, post 1945.

Are We No Better than Animals?

Billington: On another subject, you have worked with our mutual friend Chandra Muzaffar, who is the founder of JUST International, based in Malaysia. Recently, the former prime minister of Malaysia, Dr. Mahathir Mohamad, who just turned 100 years old by the way, a week or so ago, issued a very powerful statement which goes after the question—it’s based a lot on Palestine—but it’s basically going after the collapse of civilization that we’re living through. Let me read a short section from this and get your response. He starts by saying, “For centuries we have been ridding ourselves of barbarism in human society, of injustices, of the oppression of man by man.” He goes on about that, but then he says: “But can we say we are still civilized? Now, over the last three decades especially, we have destroyed most of the ethical values that we had built up. Now we’re seeing an orgy of killing. We’re seeing genocide being perpetrated before our own eyes, where the genocide is actually being promoted and defended, perpetuated by the so-called great leaders of our civilization, by a great nation, the United States of America…. I feel ashamed. We should feel ashamed in the eyes of the animals we consider to be wild. We are worse than them…. I hide my face, I am ashamed. Civilization is no more the norm.” Your thoughts on that?

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UN Photo/Loey Felipe

Mahathir bin Mohamad, former Prime Minister of Malaysia.

Prof. Falk: I think it’s a very strong and powerful statement. I had the pleasure of meeting Mahathir some years ago, and he has very strong, impressive convictions, and he’s not afraid to express them in relation to what he feels is the abusive behavior of the West. He’s controversial, of course, in Malaysia itself. He’s harsh toward his own opposition within Malaysia. The present Prime Minister of Malaysia [Anwar Ibrahim] is a former protégé, but also became an adversary of his. So he’s a very interesting figure and one of the few great leaders that is still alive at that age, and active at that age, which I can only envy.

But I think that he overstates to some extent the degree of what was being done before this most recent period, since the end of the Cold War. The 30 years he refers to was also characterized by barbarism of various sorts, not least of which was the bombing of Hiroshima and Nagasaki—of which this is the 80th anniversary year, and one that was exempt from legal scrutiny because it was perpetrated against an Asian country. If it had been used against, say, European cities, there’s no doubt that they would have been punished as war criminals, the surviving leaders, and the nuclear weapons might well have been prohibited as permissible weaponry, that is now in the possession of at least nine sovereign states that are very reluctant to give them up—give up that weaponry—because it gives them a hegemonic relationship to the non-nuclear countries.

Iran has just recently paid the price of not having nuclear weapons. That Iran war, the 12-day war that supposedly was trying to destroy the enrichment facilities of Iran, was a clear case of aggression under the UN Charter and under disgraceful double standards. Israel is a country that acquired nuclear weapons covertly, with the help of the liberal democracies of the West that championed the Non-Proliferation Treaty. When it comes to Iran, they ignore that much-worse behavior on the part of Israel. This was an issue in the Kennedy Presidency in the early 1960s. So, the idea that the West was somehow not responsible for very destructive and unjust policies during the Cold War era is, I think, somewhat misleading, in the degree to which the Vietnam War was fought in a way that has certain resemblances to what’s happening in Gaza: high technology capabilities being used against a low technology society with no adequate means of defending itself or retaliating.

The apartheid system in South Africa, the vestiges of colonialism—there were many things in the post 1945 period that ended with the fall of the Berlin Wall, that were quite reprehensible from the perspective of law, morality and justice. So, I welcome Mahathir’s statement because of its general sentiments, but I think it overstates the situation that has emerged in the last period.

Viability of a Two-State Solution

Billington: Right. So, as I’m sure you know, on July 28 and 29, the UN General Assembly will be holding a session, delayed from an earlier planned meeting in June which was disrupted by the Iran war. The new session will address the call for a two-state solution for the Middle East. The meeting was called by France and Saudi Arabia. We issued a statement by the Schiller Institute and the Executive Intelligence Review called “A Two-State Solution, Not a Final Solution.” Of course, we are not the only people to make references to the Nazi regime and their Final Solution to what’s taking place today in Gaza, but it’s worth recalling.

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Karel Vereycken, May 2024

In our proposal, we are calling for what’s called the Oasis Plan. This is a proposal first issued by Lyndon LaRouche in the 1970s. He had been looking at this throughout his life, to create a massive water and power development plan in the region, centered on Gaza, but extending throughout the broader region as the only basis for creating a situation which will actually address the needs of both the Palestinians and the Israelis, based on the concept that only by addressing the lack of water, and creating an abundance of water and energy, can we create the equality needed for a Palestinian state and the Israeli state to coexist. Your thoughts on that?

Prof. Falk: Well, I think it made more sense in the 1970s than it does today, in my judgment, because I don’t see either side agreeing. The one thing the Israelis and Palestinians seem to agree about is the non viability of a two-state solution. The Israelis don’t want Palestinian statehood of any kind. And the Palestinians don’t want to have a Bantustan emerge out of a supposed solution that is drafted without their consent and participation, which has been there a lot from the beginning.

Every step, including the Balfour Declaration, the UN Partition Plan [for Palestine, 1947], and the various negotiations, have all been carried out without meaningful Palestinian participation. To expect the Palestinians to accept a demilitarized state for themselves in collaboration with Israel, which remains a regional superpower, is, again, I think, quite unrealistic.

Israel, unless it sheds its Zionist mantle, is certainly unwilling to demilitarize, and it’s unwilling to have any Palestinian entity legitimately militarized. So, I’m much more sympathetic with an equally difficult resolution to put into practice with the Edward Said vision of a single secular state based on human equality and premised on a thorough commission of reconciliation, which addresses the history of grievances of the Palestinian people. I feel that has at least a glimmer of a chance of making the transition from this horrifying spectacle of one sided genocide, to a sustainable, durable peace.

Billington: The idea of the Oasis Plan— It’s pretty clear that what you just said is true, that as long as you have this genocidal policy being dominant in Israel, nothing’s going to happen of use. But the idea is to put on the table, especially for this conference coming up at the UN, to put on the table the fact that there is a solution; that if both sides work together on an actual development policy, what the Pope [Paul VI] once described as “the new name for peace is development,” that if you have a joint plan that addresses the actual needs of transforming the region— Obviously China knows they could get involved with their Belt and Road process, to do the kind of thing they’ve done to transform their deserts into blossoming agricultural regions. They could be part of this. The Belt and Road could be part. And the idea is to put on the table, especially for this conference, a discussion about the only real solution that exists.

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UN Photo/ICJ-CIJ/Frank van Beek. Courtesy of the ICJ

Vusimuzi Madonsela (right), South African Ambassador to the Netherlands, and Dr. Naledi Pandor, Minister of International Relations and Cooperation of the Republic of South Africa, addressing the International Court of Justice at The Hague, Netherlands, Jan. 26, 2024.

Let me add that you brought up the question of reconciliation. I’m sure you know Dr. Naledi Pandor, the former Minister of International Relations and Cooperation in South Africa, who took Israel to the International Court of Justice over the genocide. She has been participating in our Schiller Institute conferences. In an interview with Helga Zepp-LaRouche in February, she said the following about the Oasis Plan and linked it to the question of South Africa’s history. She said: “I think the Oasis Plan presents a set of very useful proposals that could be looked at by groupings that are in contention as the basis for further discussion, from our own experience as South Africa, having agreed 30 years ago that we would enter into negotiations with those who had oppressed us for many, many decades. We know that once you get around the table, it is the former oppressed who must determine what future they would like to see.”

So, this addresses the question you brought up, but in a way which locates the need for a policy on the table to demonstrate that there are solutions, and that, as Helga has said in her Ten Principles, the fact that the lack of development is the cause of poverty in almost every case, but it is also true that this is due to man. And since it’s due to man, it’s also reversible; it can be corrected. We have to put that into people’s heads, that these are issues that can be resolved. There are solutions. It’s only the lack of will to solve these issues. That has to be the basis for our discussion worldwide. Do you want to say anything more on that?

A Positive Solution Invites Discussion

Prof. Falk: I think that in a situation which I would characterize as desperate, I think that’s a constructive initiative which deserves to be tested. I am a little bit skeptical of whether the elites representing those that will meet at this UN conference will be receptive. But at least, as you suggest, putting a solution on the table invites discussion.

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www.freebarghouti.org

Marwan Barghouti, a Palestinian leader, who has been held as a political prisoner by Israel since 2002.

There’s a second problem of who will decide who represents the Palestinians at that table. There’s a grave doubt as to the legitimacy of the Palestinian Authority in Ramallah as the appropriate representatives of the Palestinian people at this time. Remember that when the South African elite made its decision to entertain the sort of discussion that former Minister Pandor refers to, they agreed to release Nelson Mandela from prison, and he had a stature that enabled him to provide a legitimate representation. The only possible person that could do that in the Palestinian situation is Marwan Barghouti, who is in prison on multiple criminal charges, which are not thought to be valid. If Israel had any interest in really coming to a mutually beneficial solution, it would at least consider releasing Barghouti from prison. He seems to be the only person capable of unifying Palestinian representation.

Billington: Do you see any glimmer of hope, as the term you used, that in fact, he will be released, perhaps in one of these prisoner exchanges?

Prof. Falk: I think the South African precedent was coupled with a political affirmation that Mandela was released in a context which looked forward to a transformation of the South African governing structure. And I think just releasing Barghouti in a prisoner exchange without endowing him with a show of Israeli confidence that they are prepared to negotiate with him and to respect him, will not be very fruitful.

There’s another Barghouti—it’s a big family—Mustafa Barghouti, who’s an opposition figure living in Palestine, living in the West Bank. But I don’t think he has the same charismatic potential that Marwan Barghouti has. He’s very respected. He has a somewhat similar background, actually, to Mahathir. They were both doctors, medical doctors originally, and went into politics. He’s involved with our Gaza Tribunal. We’ve tried to involve Palestinians who seem to be more representative of their real aspirations than the Ramallah group under Muhammad Mahmoud Abbas, which was a sort of creature of the Oslo diplomacy, given legitimacy by the West, but never by the Palestinians. They’ve collaborated, the Palestinian Authority so-called, has collaborated with Israel and the U.S. in security arrangements on the West Bank. So they’re viewed with considerable suspicion. They’re also extremely anti-Hamas. They were pushed out of Gaza by Hamas. The PLO was quite corrupt there. I don’t know the full merits of the conflict, but it’s quite complicated.

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Fotopedia/Paul Williams

Nelson Mandela at his 90th birthday celebration.

Billington: Right. I appreciate this very much. We will definitely get this discussion widely circulated, especially going into this meeting at the UN on the 28th and 29th of July, which we’re committed to making a turning point, using the Hague Group work in Colombia and the work you’re doing with the Gaza Tribunal and other developments that are taking place. Do you have any sort of final thoughts you’d like to convey to our audience?

Prof. Falk: I think you’ve covered the ground. We didn’t say much about Ukraine, but I think I found it a fruitful exchange.

Billington: Well, we can do another discussion if you’d like to touch on the obviously still very sensitive and very dangerous situation around Ukraine and the question of whether there will actually be a reconciliation between the U.S. and Russia or not. It’s certainly not clear that there will be, given the rather volatile attitude coming from the U.S. Presidency at this point, which seems to change every five minutes. But perhaps we can have another discussion if you’d like to go into the broader issues.

Prof. Falk: Yes. Let’s wait a couple of weeks and see how things work out. It’s possible that the Oasis Plan would have more traction at this point with Ukraine and Russia. Or trilateral, some sort of trilateral adaptation.

Billington: We certainly think that the Russia-China cooperation and how that led into the BRICS and the process which the BRICS represents as an alternative to the horror that’s being implemented by almost the entire Western leadership at this point is extremely important. We don’t want to see this break down into two “blocs.”

We have to figure out a way of getting the Western leaders to recognize their own fate is dependent upon their collaboration with China, especially, and with Russia strategically as well as economically. And if they do recognize that before the whole Western financial system collapses, as it’s heading right now, then we have a chance of a new global architecture which recognizes both the security and the development of every single country—which is, obviously, what you and what Francesca Albanese and others are promoting.

The point is that we have to change the direction of civilization as a whole if we’re going to get out of this unfortunate rapid descent into the threat of global war and even a nuclear war.

Prof. Falk: I completely share that view.

Billington: So, yes, let’s consider a second discussion, which could look broader. And thank you very much for this.

    

USG Sanctioning Francesca Albanese: Marco Rubio Tramples on Law, Justice, and Truth

27 Jul

[Prefatory Note: The text below was published in The Nation on July 15, 2025, appears here unmodified. The delay due to a weak Internet here in Turkey. There has been much critical reaction to this US Government defamatory statement justifying the imposition of sanctions on this exceptional independent expert appointed by the UN to an unpaid position, and left to hang in the wind by the politically motivated show of indifference by the UN Secretariat.]

Sanctioning Francesca Albanese: Marco Rubio Tramples on Law, Justice, and Truth

Richard Falk

Justifying US Sanctions

US Secretary of State, Marco Rubio, in a dazzling Orwellian display inverted reality by slapped sanctions on Francesca Albanese, the much-embattled UN Special Rapporteur for the Occupied Palestinian Territories of East Jerusalem, West Bank, and Gaza. If the sanctions are implemented against this extraordinary citizen of Italy, in the face of strong UN objections, Albanese will be barred from entering the US, presumably even to discharge her annual UN duty to present a report to the Third Committee of the General Assembly. Additionally, as a vindictive feature of the sanctions, whatever American financial assets she happens to possess, including real state, will be frozen. It is relevant to take notice of the that not only is Francesca Albanese, the first UN unpaid officeholder to be sanctioned, but she happens to be the first woman to be named UN Special Rapporteur of Occupied Palestine.

Relying on an earlier Trump Executive Order 14203 (“Imposing Sanctions on the International Criminal Court”), which is a stretch when it comes to the SR role played by Albanese, Rubio resorts to this lawfare ploy to connect her with an analogous sanctions imposed in February on five members of the ICC for their involvement in the issuance of arrest warrants for Benjamin Netanyahu and the Israeli former Minister Defense, Yoav Gallant. The only link between the ICC and Albanese derived from her most recent SR report that explores the connections between the profits earned by some 60 named corporations in the US and European defense sectors and her carefully documented allegations of Israel’s criminal responsibility for genocide in Gaza. The recommendation in her report to the UN of investigation and indictment by the ICC provides the basic for accusing Albanese of waging ‘economic warfare’ against the US and Israel. As might be expected, big tech and arms dealers exerted their own pressures for the US to strike back, and strike it did.

Anyone familiar with the vicious Israeli campaign against Albanese since her appointment in 2022, fully seconded by the US, will jump to the plausible conclusion that these objecting countries were waiting for just such a setting to take punitive action against this fearless scholar and passionate advocate of human rights for the Palestinian people. Rubio acknowledges as much when he departs from the technical rationale for sanctions, giving voice to the deep roots of US hostility to Albanese. Rubio’s words read as if scripted by the most militant of AIPAC or UN Watch loyalists: “The United States has repeatedly condemned and objected to biased and malicious activities of Albanese that have long made her unfit for service as a Special Rapporteur.” His statement goes on falsely contending that “Albanese has spewed antisemitism, expressed support for terrorism, and open contempt for the United States, Israel, and the West.” Hardly a word of this defaming allegation is true beyond the partial exception of the ‘open contempt’ phrase. What seems relevant is that the sanctions were imposed days after the release of Albanese’s report that focused on corporate complicity with Israel’s criminality in Gaza, naming a series of prominent corporations that profited from supplying weapons and other military equipment facilitating the genocide. Rubio’s formal statement signaled the context by unusually referring to ‘economic’ as well as ‘political’ interests.

Background of Attacks on Albanese

The last three Special Rapporteurs on Palestine, of which I was one, were each subjected to harsh pushbacks in the form of character assassinations, death threats, and smears. These were similar to what Albanese experienced prior to the July 9 sanctions. We were much less visible and influential than Albanese, in part due to her public prominence, documented confirmation of inflammatory genocide accusations. As her fearless and persuasive critical assessments of Israel’s criminality began gaining growing credibility at odds with the mainstream news cycle upholding the legitimacy of Israel’s response to October 7 she became a prime target of government and societal diehard supporters of Israel. So when her last report named leading defense industry companies, and recommended ICC investigations and prosecutions it was apparently the last straw for US foreign policy establishment.

I will not claim any credentials, but my predecessor, John Dugard, and my successor, Michael Lynk, were world class jurists, whose views on international law issues were widely solicited and impressively influential long before they became UN SRs and have continued after their SR terms expired. This Israeli tactic of attacking the credibility of the messenger instead of addressing the message seemed to commence in the 2005-2010 period. Although not acknowledged by either Israel or its European and North American supporters this tactic appeared perversely responsive to the overwhelming evidence of highly visible Israeli violations of international humanitarian law in their administrative occupation of the West Bank and Gaza. Israel’s core duty as embedded in the Geneva Convention on Belligerent Occupation was daily being flagrantly violated. It specified the obligations of an Occupying State to uphold the safety, security, needs, and interests of an occupied people. Among the most serious violations was the encouragement of Jewish settlements throughout the West Bank a fundamental breach of international humanitarian law that doomed peacemaking ventures, especially the viability of any durable two-state solution that is not a Bantustan buyoff. It also gave rise to the strong suspicion, later confirmed, that the Zionist Project coveted not only East Jerusalem, which was the unlawfully incorporated into Israel after the 1967 War, and proclaimed Israel’s eternal capital, but the West Bank as part of ‘the promised land’ in Jewish traditions.

To deflect attention from its lawless behavior, Israel chose to go after Special Rapporteurs and prominent critics by recourse to launching personal attacks rather than by addressing substantive criticisms by relying on counter-arguments. The centerpiece of this strategy came to be identified as ‘the weaponization of antisemitism,’ reinforced by manipulating the influential polemical IHRA definition of antisemitism. Criticisms of Israel’s behavior, including of its practices of ethnic cleansing and Knesset enactment of a Basic Law in 2018 of Jewish supremist ideology. Critical reactions by UNSRs and others were repudiated by Israel, derided as the purveyors of hatred toward Jews, and with US support mounting an intensifying campaign to eliminate the SR Mandate for Occupied Palestine. In this pushback against Israel’s critics, accusations were invariably directed at individuals who had strong reputations as strengthening human rights and had no animosity whatsoever to Jews as persons or as a people. These smearing tactics were intended to harm professional reputations and to be emotionally hurtful. The broader goals of these campaigns were to create toxic intimidating consequences for anyone who dared cross these ill-conceived red lines. These discrediting attacks have proved alarmingly effective over the years in diverting attention from Israeli wrongdoing, sowing doubts either cynically or by a naive citizenry and a self-censoring media that responds as folk wisdom instructs, ‘where there is smoke there must be fire.’

No one has endured more unwarranted hate and deserved admiration along these unscrupulous lines than Francesca Albanese. She has heroically persevered in an entirely objective expose of Israel’s prolonged, transparent, and cruel genocidal assault against the civilian population of Gaza

Exposing the Genocidal Narrative of Alleged Retaliation

It is against this background, knowingly or pragmatically indulged by Western governments and influential corporatized media platforms, that brought Albanese under fierce attack from the moment she was appointed SR by the UN. After October 7, 2025 when the Israeli response in Gaza assumed from its outset a genocidal quality, Albanese rose to the challenge of the UN mandate by naming the massive high tech violence against Gaza as ‘genocide’ when the mainstream mobilized to keep the debate about whether Israel was winning in gaining its public goal of exterminating Hamas. Albanese showed that this outcome was politically enabled by the prior dehumanization of the Palestinians. Her periodic reports to the UN brilliantly analyzed genocide as embedded in the Zionist Project of ‘settler colonialism,’ the essence of which consisted of persecuting Palestinians as strangers in their own homeland. She was energetic and effective in disseminating these provocative findings and allegations, building a global reputation unlike any previous Special Rapporteur across the spectrum of 58 mandates established over the years by the UN Human Rights Council. However fierce, intimidating, and unfair these attacks, Albanese courageously did not bend to the pressures mounted against her, which seemed to further frustrate and incense her vengeful adversaries in Israel and the United States. They could not quiet her voice or divert her message, no matter the fury of the insults or threats, including from pro-Zionist groups spread around the Global West. It is unlikely that the imposition of US sanctions, however punitive, will overcome these past strenuous efforts to silence Albanese’s eloquent global voice of conscience fortified by deep knowledge of what she speaks.

The Larger Stakes

More than Albanese’s reputation and ability to carry out the duties of Special Rapporteur is at stake in this struggle. National sanctions imposed by the host country of the UN violates two important international treaties designed to balance state sovereignty against UN effectiveness and independence. [International Convention on the Privileges and Immunities of the UN; Host Country Agreement]. The US has repeatedly refused to be bound by international law and morality when these normative imperatives clash with strategic interest in shielding allies from criticism and censure. It also slams the door on the integrity of unpaid civil servants who enjoy a reputation for exceptional performance as is the case with Albanese. All members of the UN are of course fully entitled to express disagreement with the views and recommendations of an SR, hopefully in a responsible manner. It is quite another to join a campaign of slander without the slightest effort to engage the well documented arguments of an experienced and highly respected human rights defender and international law scholar of Albanese’s stature. Worse yet, the US Government is joining Israel in reinforcing slanderous attacks by punitive action that intentionally interferes with the performance of an elected and appointed UN official selected by the Human Rights Council after an elaborate vetting process that included the recommendation of a committee of UN diplomats who evaluate a large pool of applicants, shortlisting for review by the President of the HRC who passes on his recommendations to the Assembly of UN member who must endorse the SR nominee by a consensus vote (interpreted as registering no negative votes) among members states of the HRC. To impose sanctions on such a UN appointee due to disagreements with her assessment of a controversial situation is to weaken the influence of a UN institution and  discourage qualified persons from subjecting themselves to unseemly reprisals for performative integrity. It is also a terrible precedent, overriding the objective reportage of the most severe violations of international law by recourse to strongarmed geopolitics.

Albanese’s central allegations of genocide and disruptive Israeli interference with the international delivery of humanitarian aid for the desperately deprived civilian population of Gaza were in harmony with the near unanimous interim measures ruled upon in 2024 by the ICJ, and defied by Israel. The ICJ judgment although provisional was widely admired across the world as an exercise of judicial independence, exhibiting the professionalism of its judges. This included the American judge, Sarah Cleveland, who sided with the South African request for interim relief from the devastation being wrought by the relentless military assault as did the judges from Israel-supporting Germany and Australia. Because of the drawn-out procedures of the ICJ, including delays in the proceedings granted to Israel, it may be several years before this judicial body renders a final judgment on these central questions, and even then, in a manner confined by conservative judicial practice than are SR reports.

In this sense, the establishment of the position of Special Rapporteur was a brilliant innovation in UN procedures, enabling responsive reporting by 44 SRs on a variety of international themes ranging from the rights of free expression to abusive treatment of women, as well as 14 country SRs deemed deserving of attention. The SR on Israeli violation of human rights in Palestinian Territories occupied after 1967 was established in 1993, and has been subject to Israeli and US objections ever since its inception. Despite such opposition this UN position has steadily gained influence, prestige, and media respect. Its prominence reached a peak during the first three-year term of Albanese’s tenure, now extended as is in keeping with usual practice for a second and final second three years. Her reports were invaluable sources of trustworthy and well-researched assessments of an international controversy that increasingly pitted the West against the rest. Thirty years ago, Samuel Huntington predicted a turbulent sequel to the end of the Cold War in the form of ‘a clash of civilizations,’ and only a few would doubt that it has come to pass.

Albanese surmounted this contentious political atmosphere with reason, knowledge, and a lifelong dedication to international law and human rights under the most difficult of circumstances. Instead of being sanctioned and maligned by the US Government, Francesca Albanese is now honored by heading the line of nominees waiting to receive the 2026 Nobel Peace Prize. If Americans were living in a democratic and peace minded country our President would insist on the resignation of Marco Rubio for his shameful act of overreach. It would be a dramatic show of national support for internationalism even when it goes against US foreign policy. This currently inconceivable double outcome of honor for Albanese and infamy for Rubio could have strengthened the UN and recognized civil society contributions by engaged citizens the world over who are devoted to justice and peace, and above all, in relation to the weak and vulnerable currently epitomized by the plight of the Palestinian people.

Civic Responses to Gaza Genocide and Regional Nuclearism

17 Jul

[Prefatory Note: The post below is in two parts, both interviews published in the Italian weekly, Il Manifesto. The first addresses the Gaza dimension of the current Palestinian ordeal now extended to the West Bank and drawing worldwide negative attention by induced mass hunger and water scarcity. These severe civilian hardships resulting from Israeli criminality have given rise to a variety of protest activities, governmental denunciations, yet continue to gain unconditional support by the United States and the UK, while drawing some mild critical drawbacks from formerly supportive  France, Canada, and Germany but without stoppage of trade or flows of vital supplies to Israel. The second part in the form of an early comment on the short Iran War, initiated by Israel, joined by the US to inflict maximum damage on Iran’s nuclear sites, dramatized by the US reliance on ‘blockbuster bombs’ of 30,000 pounds to destroy nuclear facilities built deep underground. Their initial US and Israeli claims of victorious results have been watered down by growing doubts of how much damage was actually done to Iran’s nuclear attacks. A further setback for the attackers is the widespread speculation that Iran might now decide to develop nuclear weapons unless Israel would agree, which seems highly doubtful, to dismantle their nuclear arsenal and agree to a nuclear-free monitored Middle East. These texts are slightly modified for updating and clarity.]

Patricia Lambroso Interview Questions, Richard Falk Responses, Il Manifesto (5/20/25)

1. The Gaza Peoples Tribunal (civil society tribunal) was launched in November of 2024 in London following the failure by ICJ and ICC, the international tribunals in the Hague, political leaders,  governments, protest activism around the world to stop Israel’s crimes against humanity in Gaza. The anti-war movement that arose during the Vietnam War and the worldwide anti-apartheid campaign against the racist South African government were your examples of civic mobilization that exerted pressure on governments to change their unlawful, criminal policies. Is this possible today in the setting of Gaza and with respect to the Palestinian people regarding the fulfillment of their right of self-determination?

Response: It is not entirely fair to conclude that the ICJ and ICC ‘failed’ to stop the genocidal attack on Gaza or the crimes against humanity alleged to have been extensively committed by Israel and endorsed by its political leaders and supported by the liberal democracies of the West. The ICJ accepted jurisdiction to address tje submission by South Africa alleging violations of the International Convention on the Prevention and Punishment of the Crime of Genocide (1951), and issued near unanimous interim rulings in January and May 2024 to the momentous effect that it was ‘plausible’ to regard the Israeli violence in Gaza after October 7 as amounting to genocide. The ICJ then also ordered Israel to cease altogether interfering with the international delivery to Gaza of humanitarian aid taking the forms of food, medical supplies, and fuel. Although Israel took part in the judicial proceedings, it refused to comply with these interim rulings and was supported in this non-compliant behavior by the main complicit governments, particularly the United States that blocked all UN enforcement and ceasefire efforts by exercising its right of veto. It is more accurate  to speak of an ‘enforcement gap’ in this situation that seemed to nullify ICJ action after it was clear that Israel would not act in the spirit of membership in the UN by voluntarily complying with an adverse decision and that the UN was helpless in view of the clash between the judicial outcome and the geopolitical interests of the five Permanent Members of the Security Council each of whom was vested with authority to nullify ICJ rulings. The ICJ should not be blamed, it should instead be vested with enforcement powers to ensure the effectiveness of its pronouncements on matters of international law. Until then the failure of judicial approaches to global security and the protection of human rights should be associated with the design of the UN, and world order generally, controlled and shaped by the winners of World War II in 1945 to preserve their habitual entitlement that gave precedence to strategic interests when challenged by international law.

The ICJ also issued an historically significant Advisory Opinion on July 19, 2024 that also resulted in a near unanimous outcome in responding to a General Assembly Resolution seeking guidance as to objections to Israel’s role as Occupying Power in Gaza that is legally regulated by the 4th Geneva Convention on Belligerent Occupation.[‘Advisory Opinion on Occupied Palestinian Territory Including East Jerusalem, responding to request of General Assembly for guidance as to “Legal Consequences arising from the Policies and Practices of Israel in the OPT”’]  The Advisory Opinion addressed various allegations of Israeli violations in Gaza, West Bank, and East Jerusalem. The ICJ rendered an authoritative judgment, despite the misleading label of ‘Advisory,’ concluding that Israel’s pervasive pattern of unlawfulness in administering the Occupying Territories since the 1967 War justified terminating Israel’s administrative authority and physical presence as soon as practicable, including Gaza, and within no more than a year. Further that the UN and its member governments were put under legal obligations by the ICJ to implement this authoritative assessment, and not to view implementation with the ruling as merely ‘advisory.’ This legal evaluation of the Israeli obligation in the Occupied Palestinian territory did not extend specifically to the period of time elapsing since October 7 as the GA Resolution was adopted prior to the Hamas attack.

Of secondary significance is the issuance by the ICC of ‘arrest warrants’ for the Israeli Prime Minister, Netanyahu, and the former Minister of Defense, Yoav Gallant, for a variety of alleged crimes of Israel, although not genocide. As neither Israel nor the US are members of the ICC, and the ICC unlike the ICJ is not part of the UN System, the prospects for enforcement are almost nil.

 Attention should also be given to an ‘Accountability Gap’ of impunity that is supplementary to the ‘Enforcement Gap.’ The US Government actually has imposed sanctions on the Chief Prosecutor of the ICC for advocating proceedings allegedly exceeding the lawful authority of the tribunal. It simultaneously imposed sanctions on the four ICC judges that facilitated the arrest of these Israeli leaders in accord with the arrest warrants. Beyond this the US officially threatened future action in the event of any new effort to take action contrary to the political and economic interests of the US, Israel, and other allies.

Also relevant for analyzing the UN disappointing response to Israel’s prolonged genocide is a ‘Complicity Gap’ in the behavior of the ICJ and ICC. These tribunals have thus far refrained from directly examining allegations of aiding and abetting the commission of international crimes by third party actors, especially governments and corporations. It is up to UN members and international law scholars to encourage increased ICJ attentiveness to the Complicity Gap, which as here, is integral to insulating the wrongdoing actors from enforcement. In early July 2025 the UN Special Rapporteur of Occupied Palestine, Francesco Albanese, was also sanctioned for her attribution of legal responsibility to corporations for continuing their profitable relations with Israel in the face of genocide. She accompanied this assessment with a recommendation that the ICC initiate investigations with an eye toward prosecutions. Known as a dedicated and brave human rights defender, the sanctions generated widespread protests, including calls for awarding Albanese the Nobel Peace Prize and demands that the sanctioning Secretary of State, Marco Rubio, resign. This is highly unlikely to happen so long as the US treats its alliance with Israel as superior to its obligations as a law-abiding member of international society.

It might seem that international law is indeed useless in view of these gaps and the inability to protect a people victimized by international criminal conduct and a settler colonial occupation making Palestinians persecuted strangers in their own homeland. As here, even when the formal judicial outcomes are neither complied with nor enforceable, international law is important. It exerts often unacknowledged influences on many governments, the tone and substance of media coverage, and breadth and depth of civil society activism. In some settings these informal implementations of international law achieve some degree of justice even in the context of the prolonged commission of ‘the crime of crimes,’ genocide, as has been the experience of the Palestinian civilian population in Gaza for more 21 months.

Disregarding international law because of these flaws in the global normative order would be a mistake. Even when not enforced, or its findings repudiated, the outcomes of legal controversy can exert a defining influence on public perceptions of legitimacy, that is, in the dynamics  of configuring of the legal and moral high ground in an underlying political conflict. Contrary to the beliefs of ‘political realists’ who control the foreign policy processes of most governments, relative military capabilities are no longer reliable predictors of which side will prevail in an armed political struggle. This should have been the core message derived by the United States from the Vietnam War during which it militarily prevailed on the battlefield and yet went on to lose the war. This pattern was repeated in most colonial wars fought during the latter decades of the 20th century. The agency of military superiority has declined in relation to many 21st century conflict situations, especially in nationalist resistance to foreign intervention, regime change and state rebuilding projects, settler colonial stabilization repressive policies and practices.

 The Gaza Peoples Tribunal was formed in2024 with this background in mind. It was conceived exclusively as an initiative of global civil society with the dual objectives of helping swing the balance in the Legitimacy War between Israel and the Palestine as well as encourage nonviolent solidarity initiative supportive of the Palestinian struggle. Israel’s violent assault on Gaza that started shortly after the attack on Israeli border villages on October 7, resisted in the months that followed repeated calls for an Israeli ceasefire. Israel also rejected the option of complying with international law defying ICJ and ICC rulings. Such postures amid an r extremely one-sided conflict gave rise to an intensifying moral outrage among the peoples of the world, and eventually among more and more governments, especially in the Global South. The GPT is gathering evidence and assessments from an assortment of qualified survivor witnesses, experts, as well as from three chambers each composed of about 10 specialists documenting the relevance of international law and world politics in its several dimensions bearing on the situation in Gaza. The compilation of testimony and documentation will be presented to a Jury of Conscience composed of persons of diverse experience reflecting prominence in law, political science, and cultural expression who are made responsible for the preparation of oral and written short substantive reports. The distinctiveness of the Gaza Peoples Tribunal (as compared to the ICJ and ICC) is premised on the primacy of justice rather than the primacy of law or the primacy of geopolitics. GPT makes no pretense of being a normal court of law bound to give the accused state and non-state actors of opportunities to mount a legal defense of their behavior. In past peoples tribunals when such a defendant actor is invited to present a defense, it has always been rejected, presumably because the overall outcome of the judicial process is predetermined.  

The GPT does not attempt to mimic judicial tribunals that operate technically and over long durations of time. It is openly partisan although objective with respect to evidence, seeking to add leverage to those engaged in the Legitimacy War. GPT prides itself on being responsive to the urgency of the Gaza humanitarian emergency, and seeks above all to stimulate solidarity on the level of action. The GPT relies on a variety of civil society initiatives to exert pressures on governments to close the enforcement, accountability, and complicity gaps. It also supports a range of nonviolent solidarity initiatives by civil society, including boycotts of sporting and cultural events that have Israeli participants; arms, trade, and investment embargoes; protest activity of all varieties, including act of civil disobedience expressive of the conscience of engaged citizens.     

2. The silence and complicity of Europe on this massacre for extinction of Gaza population today and beside hypocritical condemnation and people demonstrations in Italy and France Why? How the Holocaust  is weaponized  by some like Germany to be accused of antisemitism, but France and Italy have a different history (Vichy and Mussolini and Nazi fascism)?

Response: As your question suggests, history helps us understand and explain the complicity of democratic governments in Europe with Israel’s recourse to genocide and crimes against humanity in Gaza. There are two principal lines of explanation. The first, and most obvious, is embedded sentiments of guilt about the long tradition of European antisemitism, culminating in the Holocaust. Especially, Germany, and to a lesser extent Italy, are acutely sensitive to this allegation. The governments and citizenry of such countries have unfortunately adopted the view that to overcome the disgraces of their past it is better to stand with Israel than to side with the Palestinians who like the Jews of the Hitler period are enduring a horrific genocide. In other words, the ‘never again’ renunciation of genocide pertains exclusively to the past victimized people, the Jews, rather than to a repudiated pattern of behavior, genocide, regardless of the identity of the victim.

The second strand of explanation, implicit on the right end of the political spectrum in Europe, insists that the Nazi genocide was also a matter of racial purification and religion, not just Jewish identity. In this sense, the Jews in relation to the Islamic world of the Middle East are bearing the torch of white supremacy and Western civilizational superiority, a reenactment of the Crusades under different flags in the context of modernity. In this post-Cold War period Israel is situated on the Islamic containment fault line of ‘a clash of civilizations,’ in effect enacting ‘a second coming of Samuel Huntington.’ In this sense, the real ‘enemy’ of these European countries is Iran, a non-Arab country that manifests hostility to the regional encroachment of the white and secular West. For opposite reasons to the Western alliance with Israel, Iran regards Israel as its principal adversary.

 3. Trump touring the Gulf States could have political consequences for Gaza?

Response: There is no doubt that Trump’s May visit to the Gulf States has had adverse consequences for Gaza, but their exact nature remains obscure beyond giving Israel further time to impose its will on the helpless Palestinian civilian population. On one side, it could have been the first stage of a more transactional US relationship with Israel than the kind of unconditional support given during the Biden presidency.

In this sense an altered posture toward regional war prevention might have resulted in a greater willingness to forego the dangerous attack on Iran, and a greater readiness to seek a negotiated solution to Western objections to their nuclear program. Such a course of action would been a challenge to Netanyahu’s Israel. It might even have shaken Israel confidence in receiving unlimited support for their preferred endgame scenarios in Gaza. It might also encourage Netanyahu to lend support, which he has recently done, to Trump’s patently surreal candidacy for a Nobel Peace Prize, supposedly among his narcissistic phantasies, and concretely allow Israel to get on with the genocidal assault on Gaza, and bury once and for all the zombie two-state endgame that while delusional, subverts Israel’s manifest ambition to terminate the Zionist Project triumphalist solution with a single Israeli one-state incorporating the whole of mandate Palestine.

In retrospect, judging by what has happened since, the trip to the Middle East seems to have convinced Trump that he could combine positive relations with the Gulf monarchies and yet give Netanyahu all the support that he wants in Gaza. There is reason to believe that the main Arab leaders share Israel’s goal of destroying Hamas for the sake of their repressive stability.  Many of these Arab regimes might in the future be persuaded to join hands with the US, and even Israel, by adopting a common counter-terrorism orientation. This posture might prove compatible with Israel’s coerced displacement of Palestinians living in Gaza and the West Bank, persons to be ideally to be dumped in a remote African country where the hope is that in time they will give up their dreams of liberating Palestine.

Israel has in recent months increasingly lost legitimacy by carrying their attack on the civilian population of Gaza to cruel extremes of starvation and by making aid distribution sites into death traps. Israel’s pariah identity will be hard to overcome with the peoples of the world, including an increasing proportion of citizenries of the once liberal democracies in the Europe and North America. Trump’s trip momentarily sidelining Israel diplomatically, and Netanyahu’s arrogant launch of Gideon’s Chariot, the name given Israel’s latest military operation in Gaza has not led to a more problematic phase in Israel/US relations. It is uncertain at this time whether maintaining harmony with Israel, despite the continuing genocide, strengthens or weakens the Trump agenda of the next few years. Given the singling out of Palestinian Support on American campuses as a target for the ultra-right agenda of Project 2025 I would still expect that these demeaning ties with Israel, including complicity with Israel’s resolve to control ‘the day after negotiations’ will continue come what may in Gaza, a sad commentary on the suppression of liberal values whenever upholding the rule of law and minimal morality stand in the way of ideological and strategic goals, including civilizational unity. With the political advent of MAGA Trumpism liberal pretensions within the US have been buried as deep underground as Iran’s nuclear sites and seemingly as indestructible.    

R. Falk Comment for Il Manifesto on US Attack on Iran’s Nuclear Facilities 6/22/25, in response to request by Patricia Lombroso

Once again, the world is moving once again closer to the brink of major war in the Middle East, with Israel doing most of the dirty work relative to Western post-colonial imperialism under the joint Israel/US auspices. The US actively joined Israel’s unprovoked aggression to the extent that Israel needed its help to complete a military operation against Iran’s nuclear sites. The US and Europe keep continuing to evade scrutinizing the ongoing genocide in Gaza and give Israel a totally free hand of impunity to embark upon either the mass forced departure of Palestinian from the Occupied Palestinian Territories of Gaza, the West Bank, and East Jerusalem.  even from pre-1967 Israel itself, or a plan B of constructing death camps in the devastated city of Rafah to confine Palestinian survivors in Gaza. The immoral audacity of Israel is exhibited by naming such morbid arrangements as constituting ‘a humanitarian city.’

To complete the mission of destroying or significantly delaying the completion of Iran’s nuclear enrichment capabilities, Israel needed more than US complicity as it lacked blockbuster bombs and B-2  bombers (alone capable of delivering such massive bombs) to destroy or heavily damage Iranian deep underground facilities at  Fordow and Natanz, and its surface nuclear site at Isfahan. It remains undetermined whether Israel used the pretext of a nuclear threat posed by Iran as a justification for its post-October 7 policy of mounting devastating military attacks throughout the region to destroy hostile movements and weaken potential adversary states such as Syria, Lebanon, Yemen, and Iraq. In the Iran unprovoked attacks, part of the incentive for striking in June 2025 was undoubtedly to divert attention from the growing international opposition from its continuing genocidal policies in Gaza, most recently including luring starving Palestinians to supposed humanitarian food distribution sites, which acted as horrifying death traps.

An irony is that these June 21 US attacks on three main nuclear facilities gave Iran an airtight international law argument for the validation of claims to retaliate by relying upon its right of self-defense against the prior Israel and United States acts of aggression that violated Iran’s territorial sovereignty. The Supreme Leader of Iran, Ayatollah Khamenei, vowed to retaliate and did so to a limited extent that penetrated Israel’s layered defenses sufficiently to discredit its claims of invulnerability to air and missile attack. It remains uncertain whether Khamenei’s warning will be fully carried out at some future time in the event that the present ceasefire arrangement lapses, Israel again provokes, and combat resumes.

As a result, the threat of war between Iran and Israel as supported strongly by the US and rather weakly by the European Union casts a dark shadow of potential war throughout the region at this time.  The outbreak of war probably depends on whether Iran is perceived to possess deterrent capabilities taking the form of launching a sufficiently effective attack on US strategic assets, especially against its minimally defended numerous military bases spread around the region. Prior to the ceasefire the Iranian response was measured and cautious, designed to demonstrate that it possessed the military capabilities to inflict heave damage on any adversary in the future. Iran’s show of force was undertaken despite a near certain expectation of an even a more devastating US attack. Such a response would likely be accompanied by a direct and explicit promotion  of regime change in Tehran promoted by mobilizing internal opposition forces, encouraged by pledges of substantial external material encouragement, and even carrying out an assassination of Iran’s Supreme Guide, Ayatollah Khamenei. It is quite possible that Israel will keep pushing tactics designed to promote Iranian regime change although on an ambiguous basis of deniability and covert support for the internal Iranian opposition.

A political complexity facing Iran from a legal perspective arises from the reality that US strategic targets in the region are concentrated in Arab countries currently at peace with Iran. The governments of such states would have a self-defense claim against Iran for forcibly violating their territorial sovereignty. It could also lead to questions in the US about the costs of maintaining its Middle Eastern force structure. It also could lead Arab government to question whether their security and stability is being reliably upheld by the acceptance of visible American military assets on their sovereign territory. Such questioning would almost certainly accompany a Second Arab Spring in the region should it take place.

Whether the world would continue to stand aside while the US and Israel, in apocalyptic interaction with Iran, plunge the world into a new world war is uncertain. This uncertainty exists despite the likely results of threats and even uses weapons of mass destruction. With Trump and Netanyahu calling the shots, there is the prospect of a dramatic further expansion of the combat zone, with few policy guard rails to discourage nuclear threats and their implementation. There is much public pressure in the US to wage wars of choice in a politically acceptable manner that avoids ‘boots on the ground’ so as to minimize American casualties, thereby weakening citizen opposition to wars disconnected with direct threats to national sovereignty. This option of relying on missiles, bombers, drones has made it tempting for the US/Israel leadership to gamble on mounting a credible threat to secure its desired outcome in Iran even, if necessary, by demonstrating the willingness to use nuclear weapons if needed to achieve its strategic objectives. Stumbling into an unwanted nuclear Armageddon may not be expected by war hawks, and certainly not wished for, but the stage is being set for such a catastrophic future. As scholarship has shown, the world was extremely lucky to escape nuclear war back in 1961 during the Cuban Missile Crisis. It might not be as lucky this time when much less prudent leaders than Kennedy and Khruschev are in control of warmaking by the antagonistic governments of current geopolitical actors (US, China, Russia).

We should not forget that while this Iranian drama plays out, Israel is freed from media and governmental scrutiny as its war machine speeds up the Zionist master plan of completing the work of Palestinian erasure, Israeli leaders have been increasingly emboldened to proclaim their preferred solution to the conflict by way of a one supremist Jewish state that has now become a de facto political reality. It remains somewhat obscured by the remarkable continuing Palestinian resilience and resistance. Israel has made no secret of its priority as a sequel to genocide, which is the forced disposition of Palestinians living under occupation as a repetition of earlier instances of ‘ethnic cleansing’ (Nakba, 1948; Naksa, 1967) or its grisly alternative of confining Palestinians to a so-called ‘humanitarian city’ currently under construction. The Trump presidency has given many blessings to this Israeli vision of victory over the struggle of Palestinians to sustain their struggle no matter the extremity of the human suffering.

Whether Israel has been decisively weakened by the steady erosion of its legitimacy through its defiance of the most basic norms of international law, by repeated condemnations in sharply worded UN General Assembly resolutions reflecting the views of a majority of the world’s people and governments, and by a hostile turn of world public opinion remains to be seen. It will also be reflected on how civil society in the West responds, facing at present repression at home and impunity-free defiance by Israel.

A decisive question for those seeking a denuclearized Middle East is when will the awkward issue of dismantling Israel’s long hidden nuclear weapons arsenal is at last put on the diplomatic agenda for all to see. It has been one of the geopolitical triumphs of the US and Europe to keep Israel’s opposition to a nuclear-free Middle East from affecting the approach to regional stability and world peace. The major Arab countries and Iran have long favored regional denuclearization, but such a goal has been effectively thwarted by Israel and its closest allies.

Ambivalence Toward Resistance as a Human Right: Matters of Law and Policy

16 Jun

[Prefatory Note: I publish here my foreword to Shannonbrooke Murphy’s pathbreaking book on the right of resistance. Murphy provides readers with a comprehensive framework for thinking about resistance to public authority in a variety of settings without the controversial baggage of commentaries on such salient cases as Palestine, Ireland, Kashmir. Exempt from direct consideration is also self-defense instances of resistance, which are not treated except historically, and then as matters of the security rights of sovereign states rather than human rights. It may disappoint some readers that none of these three classic instances of popular resistance is discussed in the text and hence not even referred to in the index. The author fruitfully conceptualizes the right of resistance as a human right that has a universal, if amorphous, resonance in international law and in the constitutional foundations of legitimate national governance in all parts of the world.

The manipulation of language in the context of the October 7 lethal attack on Israeli border villages by political forces living under a punitive siege in Gaza imposed in 2007 in response to a Hamas victory in internationally monitored elections held the prior year and supplemented by Hamas prevailing in an intra-Palestinian power struggle with its rival, the Palestine Liberation Organization (linked to the internationally recognized Palestinian Authority that shares partial administrative, collaborative control over the West Bank with Israel). It is widely believed that Hamas’ rise was due to its advocacy and practice of a politics of resistance in contrast to the politics of accommodation pursued by the Palestinian Authority and PLO.

October 7 is so pivotal for an appreciation of the contradictory agenda of Israel and the Palestinian people. On the side of the established order favored by governments and elites in the West and resting on the geopolitical primacy of the Global West in the Middle East, the attack on Israel was a terrorist disruption of order executed in a barbaric manner. On the side of the Palestinians and much of the post-colonial Global South, the attack was perceived as a justifiable action of resistance to a settler colonial project that had long denied Palestinian rights, above all, Palestine’s inalienable right to self-determination as enshrined in Article 1 of both human rights covenants that frame recourse to resistance by reference to law. The commission of violations by the resisters during the attack were commingled with Israeli official justifications for an extreme response, articulated ‘legally’ as ‘Israel’s right to defend itself’ or simply as an appropriate claim of self-defense or as ‘counterterrorism.’ It not surprising that in the ensuing six months influential media platforms of the West accepted the Israel approach, decontextualizing Israel’s pre-October 7 behavior toward the Palestinians in general and Gaza in particular. Only after months of devastating attack on Gaza did this simplistic portrayal of the attack begin to be challenged by referencing the historical background, civil society protest activity, daily atrocity images and witness testimony, genocidal tactics and intentionality, and by disclosure of territorial ambitions and an ethnic cleansing agenda. At this stage, only the firmest defenders of Israel’s conduct, forgo the rhetoric of genocide in describing the attacks, thereby subverting Western official posture of punishing the use of the word genocide as a hate crime, a mainstream taboo. An encroaching Palestinian right of resistance rarely is even considered. Instead, even peace-oriented groups often limit their goals to achieving a non-judgmental ceasefire.

A careful application of Murphy’s way of analyzing the role of resistance claims and practice would produce a more balanced, less propagandistic and geopolitical tinged, battle of words as between terrorist violence and resistance, and between the security of sovereign states and the human rights of people considered both individually and collectively. The Ukraine War and the recently commenced Iran War are further illustrations of the degree to which mainstream normative discourse on armed struggle is not deployed as a source of objectively interpreted legal norms and principles in conflict situations but rather used as a policy instrument to condemn the actions of adversaries and lend protective support to friends and partners. Thus, Russia is condemned, without any account of NATO provocations, while Israel is given the benefit of the doubt despite its unprovoked aggression and its unacknowledged yet widely known, arsenal of nuclear weaponry.

To gain a deeper, more constructive understanding of these and other issues, Shannonbrooke’s guidance is indispensable. Her book is available at all the usual places.]

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Foreword to Shannonbrooke Murphy, The Human Right to Resist in International and Constitutional Law, Cambridge University.

As I read this jurisprudentially fascinating and exceptionally learned book, the media was consumed by its daily accounts of the massive military operation conducted by Israel against the Palestinian civilian population of Gaza. It was a gruesome story rationalized on one side as self-defense against Hamas cast as a terrorist organization that carried out a barbaric attack on October 7, 2023, and as such, could be legitimately situated outside the protection that international law by setting limits on the violence of warfare, although compliance was often problematic. On the other side, criticism mounted that what was being called self-defense would be better understood if interpreted as a deliberate and unabashed recourse to genocide by Israel whose slaughter of Gazans that amounted to a humanitarian catastrophe affecting the whole of the Palestinian people. By and large, political leaders in the West endorsed Israel’s shocking response to the horrific Hamas attack on 22 villages in southern Israel, which resulted in the death of an estimated 1,400 Jewish civilians and soldiers, as well as the seizure of an estimated 240 hostages, severe war crimes committed by Hamas that seemed to qualify as crimes against humanity.

In contrast, were exceptionally large and aggressive public demonstrations in cities around the world, including in the United States, UK, and other governments whose governments were giving unconditional support to Israel. These street protests were denouncing the scope, targeting, intensity, severity of Israel’s response as amounting to the crime of crimes, genocide, although the milder events in the West tended to confine their demands to calls for an immediate ceasefire, which Israel and the United States opposed at the UN and in its diplomatic stance. Both views, however contradictory their political outlooks seem, were connected by invoking law to justify and explain their impassioned partisanship. A reading of Shannonbrooke Murphy’s timely and conceptually brilliant book, while itself demanding a reader’s sophisticated and dedicated attention, is the most illuminating treatment of these and kindred issues of how law can be used in good faith to uphold a politics of armed resistance while at the same time putting strict limits on the legally grounded human right of people to resist various forms of oppressive conditions. It is an unusual situation, but far from unprecedented, for law to exist in certain respects but still lacking sufficient clarity to offer definitive guidance to parties in conflict as to what is behaviorally permitted and what is not, enabling the more powerful actors to engage in lawfare as part of its strategic approach.

Murphy does not examine specific cases of conflicts between the forces of order and the rights of resistance in trying to depict and improve upon the conceptual landscape that throughout history has surrounded this inherently controversial set of issues. Instead, she considers resistance from the perspective of human rights law as it currently functions in international law and constitutional law, while presenting a learned and relevant account of historical antecedents in the work of past celebrated jurists and other normative sources of reflection on the dual role of law in prohibiting and permitting resistance. A prominent feature of the human right to resist is that it functions as a right of exception to the normal duty to obey. It is a matter of varying circumstances that give rise to resistance in a variety of context because existing arrangements of governance are harming individuals, groups, and peoples in socially unacceptable ways, often reflecting changing or evolving societal values. Such a potential role for positive law affirms that the contested behavior in addition to being morally and politically deplorable, can be further stigmatized as sufficiently legally deplorable as to vindicate the existence and exercise of the human right of resist. Domestic law typically wrestles with such issues at the level of the individual or group. These issues may be features of governance (for instance, colonialism, apartheid) of characteristics of civil society (for instance, homophobia, racial and religious prejudice, patriarchy).

Such a human right to resist became prominent in the United States in the 1960s due to the refusal of individuals to comply with the legal obligation to serve for a limited period of time in the U.S. armed forces during the Vietnam War. Western democracies had previously wrestled with this issue during World War II, generally granting individuals and groups such a right if it derived from religious convictions and was directed against all wars, or warfare as such. During the Vietnam War an increasing number of secularly motivated young Americans developed a legal argument that became known as ‘selective conscientious objection’ in which justification for the refusal to join the armed forces was based on moral/legal/political objections to this particular war in Vietnam. Revealingly, as the Vietnam War became more unpopular with the citizenry over time, courts in the U.S. looked with greater favor on this once novel secular rationale for conscientious objection. To be more attuned to Murphy’s conceptual clarity, this set of issues of political propriety is addressed as a ‘cognate’ notion that influences but is distinct from the penumbra of the ‘human right of resistance.’ In such a spirit, Murphy subtly balances positivist concerns with achieving as much conceptual precision as possible against the importance of retaining enough flexibility to enable law to evolve as societal values and circumstances change. Her jurisprudential stance favors codification efforts that take sensitive account of changing conditions and societal values while recognizing the benefits of achieving maximum conceptual precision and stability with regard to prevailing expectations about the content of the human right to resist.

The originality of this learned discussion of the human right to resist, which should be of particular interest to common law countries such as the United States, is the decision of the author not to address specific cases of collective resistance such as the Irish or Palestinian struggle for human rights, including some form of self-rule or even the radical forms of opposition to Nazi genocide. In this sense, Murphy’s jurisprudentially impressive study can be fruitfully read as a complement to Noura Erakat’s fine Justice for Some: Law and the Question of Palestine (Stanford University Press, 2019). What Erakat gains by way of readability and context is somewhat offset by her fully acknowledged substantive sympathies that become part of the policy analysis that underpins her critique of the ways international law has failed the Palestinian people. In this same sense, what Murphy, despite the lucidity of her prose, loses by way of readability is fully redeemed by a fundamental rethinking, with partisan undertones, of what is at stake when a right of exception is given to individuals, groups, and peoples to violate the law legally, but within a secondary framework of authoritative legal limits.

I am a great admirer of both works, but for different, yet interlinked reasons. In Erakat’s case because I share her compelling concern for delegitimizing Palestinian victimization via lawfare, while in Murphy’s case because I am made far more aware of the complexity of the issues involved in legalizing resistance, taking account of its continuing evolution and persisting conceptual gaps, and explicating and exploring linkages to other kindred issues that bear centrally on limiting the power of the state. These linkages pertain both to incorporating the right to resist authority into domestic constitutional texts and by way of applicable international human rights standards that have evolved into moral aspirations to become legal obligations. In this latter instance, for instance, such crimes as apartheid and genocide are not conceptually insulated from legal accountability by invoking claims of unlimited sovereignty over territorial governance or by constitutional provisions that accord superiority to domestic sources of law whenever clashes with international law are present.

In one important respect, Murphy’s positivist presentation of issues associated with resistance legality takes our attention away from the political contexts of enforcement. We could end up with an admirably coherent conceptual framework but with a useless, or even regressively opportunistically legalistic approach to various categories of grievances emanating from those who are deemed as class adversaries or international rivals. The authority of law has radically uneven limits in its functioning within and among sovereign states. For instance, such ‘legal’ developments as the Nuremberg and Tokyo war crimes trials accepted the taint of ‘victors’ justice’ because of foreclosing inquiry, much less accountability, into the crimes of the victors. Even more consequential for evolving a humane global rule of law was the right of veto inserted into the UN Charter, thereby both hampering and tainting the operations of the United Nations. International law is weak when it comes to vital issues because its implementation tends to be disrupted by and subordinated to the primacy of geopolitics, which rests protection of rights on such unreliable restraints as imposed by deterrence threats and prudence, if at all. This results in major resistance claims being manipulated to reflect the interest and policy priorities of powerful states and domestic elites. What is evident is that the selective implementation of human rights law in general creates images of moral hypocrisy and double standards as diluting the authority of and respect for international legal discourse. True, some creative tension has emerged internationally due to the collapse of European colonialism, although Israel is a reminder of what colonialism meant for oppressed native peoples and is expressed by the establishment of counter-hegemonic legal arenas, including among jurists as exemplified by TWAIL (Third World Approaches to International Law) scholarship reflecting the Global South’s experience of the hegemonic uses of international law relied on by colonial Europe in exploiting the resources and dehumanizing non-Western peoples. Resistance to colonialism has in the post-colonial era of international relations inspired the determined effort to generate support for a counter-hegemonic approach to international and constitutional law, which is expressed by

the transnational bonding of Global South jurists in the TWAIL enterprise.

Shannonbrooke Murphy is fully aware of the incompleteness of a purely positivist focus on the human right to resist, while here setting for herself this already Herculean challenge of conceptual clarification. Her contributions to contemporary jurisprudence are profound, and rendered in ways that permit and encourage diverse inquiries into other bodies of human rights pertaining to a range of topics, including rights of self-defense, freedom of expression and freedom of religion in relation to such sensitive policy questions as recourse to war, rights of secession by ethnic or religious minorities, as well as the more sensitive personal issues of gender parity and identity. Let the legal architects produce responsive blueprints. Let the debates begin!

Fifty or so years ago a British graduate student at the Yale Law School, Rosalyn Higgins, who like me fell under the charismatic influence of Myres McDougal in studying international law, but was troubled by the subjectivity and seeming ideological bias of a jurisprudential approach that gave legal hegemony to the Cold War values prevalent in the West. I was also troubled, but on different grounds. I questioned the jurisprudential necessity for such an ideological bias and instead sought a contextually sensitive approach to law that was guided by the type of secular humanism that infuses the Universal Declaration of Human Rights and the Preamble to the UN Charter.

Professor Higgins, who later became a distinguished judge at the International Court of Justice, organized a conference in London to explore these rifts between the British and American approaches to law. Without the benefit of Murphy’s conceptual mapping, I found the conference most intriguing because of the gathering of fine legal scholars for such an unusual conversation, yet intellectually unrewarding as it merely reproduced the tensions between a British insistence that the subjectivity of the New Haven School of International Law undermined the authority of law and the American claim that law without a political and ethical context is artificially cut off from reality. If we were to arrange such a meeting in the future, I would insist that Shannonbrooke Murphy’s book be required background reading believing that both sides could valuably learn from it. Also, I cannot imagine a better beginning for an advanced course in either human rights, resistance claims, or the interplay of international and constitutional law than by assigning this demanding, yet remarkably imaginative, erudite, and rigorously conceptualized contribution to an improved understanding of the interactions between law, resistance, and human rights in a variety of substantive contexts.

Richard Falk

Yalikavak, Turkey

November 6, 2023

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What Future for US/Israel Relations? Justifying the Gaza Tribunal, Addressing US Complicity

7 Jun

Tri

[Prefatory Note: the post below is the text of an interview published in Italian in Il Manifesto on 6/7/2025. The interview was conducted by a journalist friend, Patricia Lambroso. It appears here in somewhat modified form, and is devoted to questions about the Gaza Tribunal.]

1. The GAZA Tribunal (civilian tribunal) was launched in November of 2024 in London following the failure by ICJ and ICC, the international tribunals in the Hague, leaders and governments around the world to stop Israel’s crimes against humanity in Gaza. The anti-war movement that arose during the Vietnam War and the worldwide anti-apartheid campaign against the racist South African government were your examples of civic mobilization that exerted pressure on governments to change their unlawful, criminal policies. Is this possible today in the setting of Gaza and with respect to the Palestinian people regarding the fulfillment of their right of self-determination?

Response: It is not entirely fair to conclude that the ICJ and ICC ‘failed’ to stop the genocidal attack on Gaza or the crimes against humanity alleged to have been extensively committed by Israel and endorsed by its political leaders. The ICJ accepted its jurisdiction to resolve a submission by South Africa alleging violations of the International Convention on the Prevention and Punishment of the Crime of Genocide (1951), and issued near unanimous interim rulings in January and May 2024 to the momentous effect that it was ‘plausible’ to regard the ongoing Israeli violence in Gaza after October 7 as genocide, although a definitive ruling on violations of the Genocide Convention would not be available for some years in the future.

The ICJ in 2024 also ordered Israel to cease altogether interfering with the delivery to Gaza of humanitarian aid taking the forms of food, medical supplies, and fuel. Although Israel took part in the judicial proceedings, it refused to comply with these interim rulings and was supported in this non-compliant behavior by the main complicit governments, particularly the United States that blocked impulses toward UN enforcement by its right of veto and its dismissive attitude toward recourse to the ICJ, supporting Israel claim to be acting in self-defense.

It is more accurate  to speak of an ‘enforcement gap’ in this situation that seemed to nullify ICJ action after it was clear that Israel would not act in the spirit of membership in the UN by voluntarily complying with an adverse decision and that the UN was helpless in view of the clash between the judicial outcome and the geopolitical interests of the three NATO  Permanent Members of the Security Council each of which is vested with authority to nullify ICJ rulings in the event of a refusal of voluntary compliance by the losing party. The ICJ should not be blamed. Instead it should be given enforcement powers to ensure the enhanced effectiveness of its pronouncements on matters of international law. Until then the failure of judicial approaches to global security and the protection of human rights should be mainly associated with the design of the UN, and world order generally, controlled by the winners of World War II in 1945 that acted to safeguard the primacy of geopolitics. In part this design defect was a reaction to the perceived failure to recognize this primacy in the design and operation of the League of Nations, resulting in the non-participation or exclusion of several key countries in the organization, and its failure to avoid developments that culminated in the outbreak of World War II.

The ICJ issued an historically significant Advisory Opinion on July 19, 2024 that also  resulted in a near unanimous outcome in responding to a General Assembly Resolution seeking guidance as to objections to Israel’s role as Occupying Power in Gaza as supposedly regulated by the 4th Geneva Convention on Belligerent Occupation.[Advisory Opinion on Occupied Palestinian Territory Including East Jerusalem, responding to request of General Assembly for guidance as to “Legal Consequences arising from the Policies and Practices of Israel in the OPT”]  The Advisory Opinion addressed various allegations of Israeli violations in Gaza, West Bank, and East Jerusalem. The ICJ rendered an authoritative judgment, despite the misleading label of ‘Advisory,’ concluding that Israel’s pervasive pattern of unlawfulness in administering the Occupying Territories since the 1967 War required terminating Israel’s administrative presence as soon as practicable, including Gaza. Further that the UN and its member governments were put under legal obligation by the ICJ to implement this authoritative assessment. This legal evaluation of the Israeli obligation in the Occupied Palestinian territory did not extend specifically to the period of time elapsing since October 7 as the GA Resolution was adopted prior to the Hamas attack. Israel has given not the slightest sign that it would comply with this crucial Advisory Opinion main conclusion ordering the withdrawal of Israel’s presence from the Palestinian territories occupied in 1967, presumably relying on the supposedly ‘advisory’ nature of the ICJ authority in relation to UN requests for guidance on ‘legal disputes.’

Of secondary significance is the issuance by the ICC of ‘arrest warrants’ for the Israeli Prime Minister, Netanyahu, and the former Minister of Defense, Yoav Gallant, for a variety of alleged crimes of Israel, although not genocide. As neither Israel nor the US are members of the ICC, which is not part of the UN System, the prospects for enforcement are almost nil. This outcome gives attention to an ‘Accountability Gap’ as a supplemental weakness of international to the ‘Enforcement Gap.’ The US Government actually has imposed personal sanctions on the Chief Prosecutor and any officials that participated in the issuance of arrest warrans by the ICC allegedly for exceeding its lawful authority. The US also threatens to sanction anyone attached to the ICC who tries in the future to facilitate the detention of these Israeli leaders in accord with the arrest warrants.

Also relevant is a ‘Complicity Gap’ in the behavior of the ICJ and ICC that has so far refrained from directly examine allegations of aiding and abetting the commission of international crimes by third party actors, especially governments and corporations. The single effort to raise complicity issues was undertaken by Nicaragua that submitted a complaint that Germany was violating international law by supplying arms to Israel. A final decision has yet to be rendered, although the ICJ rebuffed the allegation Germany on the grounds that its supply of arms to Israel was too small to be capable of constituting a violation of the Genocide Convention. It seems to be left up to UN members and international law scholars to encourage increased ICJ attentiveness to the Complicity Gap, which as here, is now integral to insulating the wrongdoing actors from enforcement.

A final structural weakness of the judicial enforcement of international law by way of the UN System is what might be termed ‘a temporal lag,’ the long lapse of time between a submission and a final decision in situation where the victims of behavior need and deserve expedited relief. There must be an emergency procedure that allows the ICJ to reach a decision within days and weeks, even if later in the proceedings it is revised or even reversed.

It might seem that international law is indeed useless in view of these gaps and the inability to protect a people victimized by international criminal conduct but that is a misinterpretation. As here, even when the formal judicial outcomes of international institutions are neither complied with nor enforceable, international law is nevertheless important. Its outcomes exert influences on many governments, media coverage, and civil society activism. In some settings these informal implementations of international law help achieve some degree of justice even in the context of the prolonged commission of ‘the crime of crimes,’ genocide. The victimization of the Palestinian civilian population in Gaza for more than 19 months has severely delegitimized. It is now widely viewed throughout the world as a pariah state whose behavior in Gaza has created the ‘moral crisis of our time’ for all peoples and governments Israel. Many argue that Israel’s defiant refusal to abide by international law and to respect the authority of the UN should result in its suspension from UN participation until Palestinian self-determination is achieved. Israel has responded to these proposed initiative principally by way of weaponizing antisemitism claiming that its opponents are motivated by ‘Jew hatred’ rather than the motives that they claim. This line of Israel defense has grown ineffective even in countries with the most complicit governments. And yet Israel’s daily actions continue after all this time to be unimpeded, because of the absence of the political will needed to mount an ad hoc protective intervention to alleviate the humanitarian emergency and provide safety for the surviving Gazan population.

A public dismissal of international law because of these flaws in the global normative order would be a mistake. Even when not enforced, or its findings geopolitically nullified, the outcomes of legal controversy exert an influence on discursive perceptions of legitimacy, that is, on the shaping of the legal and moral high ground in relation to an underlying political conflict. Contrary to the beliefs of political realists who control the foreign policy processes of most governments, military capabilities no longer are the best predictors of which side will prevail to defeat settler colonial arrangements in political struggles for self-determination. This should have been the lesson learned by the United States from its involvement in the Vietnam War during which it militarily prevailed on the battlefield and yet lost the war. Thus pattern has been repeated in most colonial wars during the latter decades of the 20th century. The agency of military superiority has declined in relation to typical 21st century conflict situations, but the lesson remains unlearned. This is so because the defeats incurred are profitable for private sectors arms producers that wield great influence in the Global West, particularly in the United States.

 The Gaza Tribunal was formed against this background. It was conceived as a project of global civil society in the conduct of a Legitimacy War between Israel and the Palestinian people. Israel’s violent assault on Gaza that started shortly after October 7, resisted repeated UN calls for an Israeli ceasefire as well as defied the ICJ and ICC rulings, provoking a rising sense of moral outrage among the peoples of the world. The GT is gathering evidence and assessments from an assortment of qualified survivor witnesses, experts, as well as from three chambers each composed of about 10 specialists documenting the significance of international law in its several dimensions relevant to the situation in Gaza. The results will be presented in October of this yeard to a Jury of Conscience composed of persons with diverse experience reflecting prominence in law, political science, moral authority, and cultural expression who are made responsible for the preparation of oral and written responses. This result of the Gaza Tribunal is premised on the primacy of justice rather than the primacy of law or the primacy of geopolitics, and makes no pretense of being a normal court of law bound to give the accused state and non-state actors ample opportunities to mount a legal defense of their behavior. The GT does not mimic judicial tribunals that operate within strict technical limits and over long durations of time. It is openly partisan although objective with respect to evidence, and hopes to add leverage to those engaged in the Legitimacy War, proudly acknowledges itself as being responsive to the urgency of the Gaza humanitarian emergency, and seeks above all to prove itself relevant on the level of action. The GT relies on a variety of civil society solidarity initiatives to exert pressures on governments to close the enforcement, accountability, and complicity gaps. It also encourages nonviolent solidarity initiatives by civil society, including boycotts of sporting and cultural events that have Israeli participation; arms, trade, and  investment embargoes; and protest activity of all varieties.     

2 The silence and complicity of Europe on this massacre for extinction of Gaza population today and beside hypocritical condemnation and people demonstrations in Italy and France Why? How the Holocaust  is weaponized  by some like Germany to be accused of antisemitism, but France and Italy have a different history (Vichy and Mussolini and Nazi fascism)?

Response: As your question suggests, history helps us understand and explain the complicity of democratic governments in Europe with Israel’s recourse to genocide and crimes against humanity in Gaza. There exist two principal lines of explanation for this stance so contrary to the values proclaimed from the rooftops by liberal societies in the West . The first, and most obvious, is embedded sentiments of guilt about the long tradition of European antisemitism, culminating in the Holocaust. Especially, Germany is acutely sensitive to this allegation and politically has unfortunately opted for the view that to overcome its past it is better to stand with Israel than to side with the Palestinians who like the Jews of the Hitler period are enduring a horrific genocide. In other words, the renunciation of genocide in the pledge pertains exclusively to the past victimized people, here the Jews, rather than to a repudiated pattern of behavior, here genocide, regardless of the identity of the victim. The Srebrenica genocide of 1995 tested the pledge because the events in Bosnia tested whether ‘never again’ was ethnic or geographical, of relevance only if Europe was the scene.

The second strand of explanation, implicit on the right end of the political spectrum in Europe, insists that the Nazi genocide was also a matter of racial purification and religion, not just Jewish identity. In this sense, the Jews in relation to the Islamic world of the Middle East are bearing the torch of white supremacy, a reenactment of the Crusade under different flags in the context of modernity. In this post-Cold War period Israel is on the Islamic containment fault line of ‘a clash of civilizations,’ in effect ‘a second coming of Samuel Huntington’ fatalistic warning that the end of the Cold War was not a gateway to global peace, but rather a shift in conflict patterns from Communism to Islamism. In this sense, the emergent ‘enemy’ of these European countries is Iran, a non-Arab country that manifests hostility to the white and secular West, and which also happens to regard Israel as its principal enemy. In this sense, the opposition to the West from the Iranian perspective is anti-imperial and political, more than it is civilizational, although its deep roc ots are difficult to disentangle from the historical interaction, especially vivid memories of a CIA-engineered coup in 1953 that forcibly restored the autocratic modernizing monarchy to the Pahlavi throne.

 3. Trump touring the Gulf States could have political consequences for Gaza?

Response: There is no doubt that Trump’s May 2025 visit to the Gulf States will have consequences for Gaza, but their nature remains obscure at this time. On one side, it could be the first stage of a more transactional relationship with Israel than the kind of blind support given during the Biden presidency. In this sense an altered posture toward regional war prevention might result in a greater willingness to forego an attack on Iran, and more readiness to seek a negotiated solution with Tehran as to their nuclear program, a course of action disquieting to Israel, and shaking Tel Aviv’s confidence in unlimited support for their preferred endgame in Gaza. It might also encourage the US Government to seek to strengthen Trump’s patently absurd candidacy for a Nobel Peace Prize, reportedly high among his narcissistic phantasies. As strange as it seems, this image of Trump as a peacemaker concretely express incentives and exert real pressure on Israel to stop finally the genocidal assault on Gaza. It might even push the US to back a two-state endgame that subverts Israel’s obvious ambition to terminate the Zionist Project by annexing the West Bank on its way to establishing an Israeli one-state.

Even more radical would be a shift away from further tolerance of Israel’s secret acquisition on a nuclear weapons capability achieved with Western complicity to a position of backing regional denuclearization, but the long silence makes even this sensible contribution seem utopian as far as the prospects of its adoption is concerned. But which of the nine nuclear powers has shown less respect for international law and the constraints of the UN Charter than Israel when it comes to the use of force?

Contrariwise, May trip to the Gulf energy-rich monarchies may have convinced Trump that he could combine positive relations with these Gulf regimes and yet give Netanyahu what he wants in Gaza. There is reason to believe that the main Arab leaders want Hamas destroyed as much as do the Israeli leaders in Tel Aviv, and could be persuaded to join hands with the US, and even Israel, by adopting a shared counter-terrorism orientation that might prove compatible with the forced displacement of Palestinians living in Gaza and the West Bank, ideally to be dumped in a remote African country where it is falsely assumed by advocated that in time those displaced by the second Nakba event will stop dreaming of and disengage from struggles to liberate Palestine from the clutches of settler colonialism, no matter how long it takes. Israel has lost legitimacy by carrying their attack on the civilian population of Gaza beyond the outer limit of decency by recourse to deliberate tactics of prolonged starvation. Israel’s pariah identity will be hard to overcome with the peoples of the world, including the citizenries of the liberal democracies in the Europe and North America. Trump’s trip sidelining Israel diplomatically, at least for the moment, and Netanyahu’s arrogant launch of the Gideon’s Chariot, Israel’s new military operation, may signal a more problematic phase in Israel/US relations or turn on whether maintaining harmony with Israel strengthens or weakens the Trump agenda of the next few years. Given the singling out of Palestinian Support on American campuses as a target for the ultra-right agenda of Project 2025 I would still expect that US support for Israel to remain unaffected in the near future as the levers of Zionist influence (e.g. AIPAC, donor deference) are still strong in the United States

The Sarajevo Declaration of the Gaza Tribunal (29 May 2025)

30 May

[Prefatory Note: the post below is The Sarajevo Declaration of the Gaza Tribunal, a consensus document prepared in conjunction with participants in the first of two Public Sessions of the Gaza Tribunal, released on May 29, 2025. The second session of the tribunal is scheduled for late October. The proceedings in Sarajevo consisted of survivor testimony from Gaza, invited expert speakers, a roundtable on media complicity, and the reports of three chambers tasked with documenting evidence and consequences of alleged genocide and crimes associated with forcible application of the Settler Colonial Project to Gaza following October 7, as well as the failure of the UN, growing public protests, and of leading governments to bring the genocide to an end in accordance with international law and hold the perpetrators accountable. The Sarajevo Declaration is a comprehensive text intended to convey the orientation, broad scope of the goals of civil society solidarity activation and reflecting the diversity of concerns among members of the Gaza Tribunal community. Sarajevo was our chosen site to express symbolic solidarity with an earlier genocide at Srebrenica that occurred 30 years ago. Encourage wide sharing of the Sarajevo Declaration. It is my honor to serve as president of the GTP in concert with dedicated scholars, witnesses, and activists from around the world, including the inspiring participation of our Palestinian sisters and brothers.]

                                    The Sarajevo Declaration of the Gaza Tribunal

28 May We, the members of the Gaza Tribunal, having gathered in Sarajevo from 26 to 29 May 2025, declare our collective moral outrage at the continuing genocide in Palestine, our solidarity with the people of Palestine, and our commitment to working with partners across global civil society to end the genocide and to ensure accountability for perpetrators and enablers, redress for victims and survivors, the building of a more just international order, and a free Palestine.

We condemn the Israeli regime, its perpetration of genocide, and its decades-long policies and practices of settler colonialism, ethno-supremacism, apartheid, racial segregation, persecution, unlawful settlements, the denial of the right to return, collective punishment, mass detention, torture and cruel and inhuman treatment and punishment, extrajudicial executions, systematic sexual violence, demolitions, forced displacement and expulsions, ethnic purges and forced demographic change, forced starvation, the systematic denial of all economic and social rights, and extermination.

We are horrified by the Israeli regime’s systematic devastation of Palestinian lives, lands, and livelihoods, including its intentional destruction of all sources and systems for food, water, healthcare, education, housing, culture, as well as mosques, churches, aid facilities, and refugee shelters, and its targeting of medical personnel, journalists, aid workers, and United Nations staff, and its direct targeting of civilians, including children and older persons, women and men,  girls and boys, persons with disabilities and those with medical conditions.

We demand an immediate withdrawal of Israeli forces and an end to the genocide, to all Israeli military action, to forced displacement and expulsions, to settlement activities, to the siege of Gaza and restrictions on movement in the West Bank. We call for the immediate and unconditional release of all prisoners, including the thousands of Palestinian women, men and children held in abusive Israeli detention facilities. We insist on the immediate resumption of massive humanitarian aid to all of Gaza without restriction or interference, including food, water, shelter, medical supplies and equipment, sanitary equipment, rescue equipment, and construction materials and equipment. We call as well for a complete withdrawal of all Israeli forces from all Lebanese and Syrian territory.

We call for an end of the smearing of UNRWA and other humanitarian workers, for the free and unhindered access of UNRWA and all other United Nations and humanitarian organizations in all areas of Gaza and the West Bank, for full compensation by the Israeli regime for damage caused to UN and humanitarian facilities, alongside full compensation and reparations to the Palestinian people, and for full accountability for the harassment, abduction, torture, and murder of UNRWA and other humanitarian workers and their families.

We call on all governments and on regional and international organizations to end the historic scandal of inaction that has characterized the past nineteen months, to urgently respond with all means at their disposal to end the Israeli assault and siege, to uphold international law, to hold perpetrators to account, and to provide immediate relief and protection to the people of Palestine.

We denounce the continued complicity of governments in the perpetration of Israeli war crimes, crimes against humanity, and genocide in Palestine, and the shameful role of many media corporations in covering up the genocide, dehumanizing Palestinians, and in the dissemination of propaganda fueling anti-Palestinian racism, war crimes, and genocide.  

We equally denounce the wave of persecution and crackdowns on human rights defenders, peace activists, students, academics, workers, professionals, and others, perpetrated by Western governments, police agencies, the private sector, and educational institutions. We honor those who, despite this persecution, have had the courage and moral convictions to stand up and speak out against these historic horrors, and we insist on the full protection of the human rights of free expression, opinion, assembly, and association, as well as the right to defend human rights without harassment, retaliation, or persecution.

We reject the unjust tactic of smearing as “antisemites” or “supporters of terrorism” all those who dare to speak up and act to defend the rights of the Palestinian people and to condemn the injustices and atrocities of the Israeli regime and its perpetration of apartheid and genocide, or those who criticize the ideology of political Zionism. We stand in solidarity with all those who have been smeared or punished in this way.

We are convinced that the struggle against all forms of racism, bigotry, and discrimination necessarily includes the equal rejection of Islamophobia, anti-Arab and anti-Palestinian racism, and antisemitism. It also includes an acknowledgment of the horrific effects that Zionism, apartheid, and settler-colonialism have had and continue to have on the Palestinian people. We commit to fighting all such scourges.

We also reject the destructive ideology of political Zionism, as the official state ideology of the Israeli regime, of the forces that colonized Palestine and established the Israeli state on its ruins, and of pro-Israel organizations and proxies today. We insist, in the words of the Universal Declaration of Human Rights, that all human beings are born free and equal in dignity and rights, and that there are no exceptions to this rule. We call for decolonization across the land, an end to the ethno-supremacist order, and the replacement of political Zionism with a dispensation founded on equal human rights for Christians, Muslims, Jews, and others.

We are inspired by the courageous resistance and resilience of the Palestinian people in the face of over a century of persecution, and by the growing movement of millions standing in solidarity with them around the world, including the principled advocacy and nonviolent action of thousands of Jewish activists who have rejected the Israeli regime and its ethnonationalist ideology, and have declared that the Israeli regime neither represents them nor acts in their name.

We recognize the right of the Palestinian people to resist foreign occupation, colonial domination, apartheid, subjugation by a racist regime, and aggression, including through the use of armed struggle, in accordance with and as recognized in international law and as affirmed by the United Nations General Assembly.

We recall that the Palestinian right to self-determination is jus cogens and erga omnes (a universal rule not subject to exception and binding on all states) and is non-negotiable and axiomatic. We recognize that this right includes political, economic, social, and cultural self-determination, the right to return and full compensation for all harms suffered in a century of persecution, to permanent sovereignty over natural resources, and to non-aggression and non-intervention. We respect Palestinian aspirations and full Palestinian agency and leadership over all decisions affecting their lives, and we stand in solidarity with them.  

We are gravely concerned at the direction of international relations, international politics, and international institutions, and by attacks on those international institutions that have challenged genocide and apartheid in Palestine. We believe that the normative foundations of the global order, grounded in human rights, the self-determination of peoples, peace, and the international rule of law, are being sacrificed at the altar of ruthless political realism and obsequious deference to power, with the people of Palestine left undefended and vulnerable on the front lines. We insist that another world is possible and intend to fight to bring it about.

We fear that the nascent and flawed international normative order, built up since the Second World War, with human rights at its center, is at risk of collapse as a result of the sustained attack waged on the system by the Israeli regime’s Western allies in their quest to buttress Israeli impunity. We pledge to oppose this attack and to work to protect and advance the project of building a world in which human rights are governed by the rule of law, beginning with the struggle for Palestinian freedom. And we believe that the weaknesses and inequities hard-wired into the international system from the start, including the geopolitical right of exception codified in the United Nations Security Council veto, the disempowerment of the General Assembly, and the structural obstacles that mitigate against the enforceability of International Court of Justice (ICJ) decisions, must be reformed and rectified.

We demand immediate action to isolate, contain, and hold accountable the Israeli regime through universal boycott, divestment, sanctions, a military embargo, suspension from International organizations, and the prosecution of its perpetrators, and we commit ourselves to this cause. We equally demand individual criminal accountability for all Israeli political and military leaders, soldiers, and settlers implicated in war crimes, crimes against humanity, genocide, or gross violations of human rights, as well as accountability for all persons and organizational actors guilty of complicity in the regime’s crimes, including external proxies of the Israeli regime, government officials, corporations, arms manufacturers, energy companies, technology firms, and financial institutions.

We applaud the International Court of Justice (ICJ) for its ongoing historic genocide case against the Israeli regime and for its landmark advisory opinion findings on the illegality of the Israeli occupation, of the apartheid wall, and of the Israeli practice of apartheid and racial segregation, and its findings that the rights of the Palestinian people are not dependent upon or subject to negotiation with their oppressor and that all states are obliged to abstain from treaty, economic, trade, investment, or diplomatic relations with Israel’s occupation regime. We celebrate the principled action of South Africa in bringing to the ICJ the historic genocide case against the Israeli regime.

We call on all states to ensure the implementation of all provisional measures adopted by the ICJ in the genocide case against Israel, to fully respect the findings of the ICJ in its advisory opinion of July 2024, to comply with all elements of the United Nations General Assembly resolution of 13 September 2024 (A/ES-10/L.31/Rev.1), ending all arms trade with and implementing sanctions on the Israeli regime, and to support accountability for all Israeli perpetrators.  We urge civil society organizations and social movements around the world to initiate and strengthen campaigns to support the ICJ’s decisions and opinions on Palestine, and to press their own governments to abide by them.

We similarly applaud the International Criminal Court for (albeit belatedly) issuing arrest warrants for two senior Israeli regime leaders and call on the ICC to both expedite action on these cases and to issue further warrants for other Israeli perpetrators, both civilian and military.  We call on all ICC State Parties to urgently act on their obligations to arrest these perpetrators and hand them over for trial, and we demand that the United States lift all ICC sanctions and cease all obstruction of justice.

We express our gratitude and admiration to the independent special procedures of the United Nations Human Rights Council for their expert contributions and for their strong and principled voices in holding the Israeli regime to account and defending the human rights of the Palestinian people. They have shown themselves to be the conscience of the organization, and we call on the United Nations and all member states to defend and support these mandate holders without fail. We applaud, as well, the principled action of those United Nations agencies that have acted to defend the rights of the Palestinian people and to provide aid and relief to the survivors of genocide in Palestine in the face of unprecedented risks and obstacles, foremost among them, UNRWA.

We believe that the world is approaching a dangerous precipice, the front edge of which is in Palestine. Dangerous forces in both the public and private spheres are pushing us toward the abyss. The events of the past nineteen months, and our own deliberations, have convinced us that both key international organizations and most countries of the world, whether acting individually or collectively, have failed in defending the human rights of the Palestinian people and in responding to the Israeli regime’s genocide in Palestine. We are convinced that the challenge of justice now falls to people of conscience everywhere, to civil society and to social movements, to all of us. As such, our work in the coming months will be dedicated to meeting this challenge. Palestinian lives are at stake. The international moral and legal order is at stake. We must not fail. We will not relent.

* * * * * * * *

GAZA TRIBUNAL PROJECT: Opening Remarks and Sarajevo Program, May 26-29, 2025

27 May

Opening Remarks, Richard Falk, Sarajevo Public Session of Gaza Tribunal, 26 May 2025

Members of the Gaza Tribunal, Ladies and Gentlemen, Persons of Conscience Throughout the World, and Rector Ahmed Yildirim. It is my honor to welcome you to the opening day of the Sarajevo Public Session of the Gaza Tribunal. It is with great regret that I am not physically present in Sarajevo. I wish that I could be with you in person, but an unforeseen family accident disrupted my travel plans.

The purpose of the Gaza Tribunal is to add credibility to the torment and outrage of people throughout the world and do are part to bringing the Gaza ordeal of death and devastation to an end. Among our goals is to motivate nonviolent action performed with a goal of exerting pressure on Israel to desist from genocide. We commit ourselves to this goal in the name of our common humanity.

We are most grateful to the International University of Sarajevo, and particularly Rector Yildirim for hosting our presence on this historic campus. We are of course mindful of Sarajevo’s and Bosnia’s recent past and its symbolic relevance to the tragic fate that has befallen the Palestinian all of whom have are living as permanent refugees or as persecuted strangers in their own homeland. In the spirit of solemn acknowledgement, we should pay homage today 30 years after the willful massacre of 8,000 male Bosnians at Srebrenica for no reason other than their nationality and religion.

In the present period already lasting more than 19 months the eyes and ears of the world have been exposed to daily atrocities victimizing the besieged crowded, impoverished, and tiny Gaza Strip. Earlier genocides, including the Holocaust, were mostly known in retrospect by way of survivor stories and reconstructed images of the horrors experienced by the victims. This was a macabre contrast to the devastation of Gaza reported by the hour in words and images. Day after day the unspeakable suffering of Palestine’s remarkably resilient and resisting people disoriented persons of conscience by its transparent spectacles of evil. This impact was worsened by being brought to human awareness in real time.

Shamelessly, Israel made little attempt to hide its genocidal intentions or disguise its genocidal tactics. Its leaders and pro-government activists openly declared their goals as killing and maiming Palestinians, whether by bombs or by way of terrifying refusals to allow Gazans to obtain desperately needed food and medical supplies. Its leaders on some occasions sought to justify their behavior be referencing Biblical stories of genocide. Presumably, this was done to provide a hallowed religious precedent for their current operations in Gaza of mass extermination. Israel’s minimum goals were to induce large-scale departures from Occupied Palestine to places as distant as possible from their homeland that has been rendered virtually uninhabitable by repeated bombardment and artillery shelling. The genocidal cast of mind accompanying the military onslaught was manifest. Prominent Israeli citizens and government officials openly compared the mentality accompanying the killing Palestinians to that experienced while killing of cockroaches. Some high-profile Israelis even advocated dropping a nuclear bomb on the densely populated and totally vulnerable people of Gaza. Despite some pretensions to the contrary, the Israeli hostages held by Hamas did not restrain Israel’s violence or move the government toward accepting a permanent ceasefire even after the fury of its campaign went on month after month without achieving its purported original objective of destroying Hamas.

The pleas and warnings of the world’s leading moral authority figures went unheeded by Israel or its supporting governments. These including dedicated pleas from Pope Francis and Pope Leo XIV as well as from the UN Secretary General, Antonio Guterres, and several Nobel Peace Prize winners. These varied revered voices were defiantly scorned by Israel’s government and citizenry, and the massacres in Gaza continued unabated, and even spread to the West Bank.

The UN despite making a variety of responses has not been able to stop the killing, let alone protect the victimized people of Gaza, even its children, women, disabled, and elderly comprising an estimated 70% of Palestinian casualties. The UN has been blocked from taking decisive action by the diplomatic complicity of the North American and European liberal democracies. It has become obvious to all that the UN lacks the independent political will, authority, and capability to override the kind of geopolitical and material impunity given to Israel by the US. As the Israeli rogue behavior persisted the peoples of the world, including in the countries whose governments were openly aligned with Israel, mounted increasingly militant protests. However, the governments that could have made a difference watched the carnage of bodies and rubble pile up without making moves to stop it, and this sadly includes the governments of Israel’s Arab neighbors whose peoples ardently supported the Palestinian liberation struggle while their regimes remained passive. In many instances even maintained positive economic and political links with Israel belying their pretenses of neutrality or verbal opposition.

It is against this background that Gaza Tribunal was established some months ago, launched in London in November of 2024. Since then working with dedication to prepare as well as possible for this public session in Sarajevo. The undertaking can be grasped from the appended ambitious Program of the Tribunal that will unfold over the next four days.

The GT draws inspiration from prior peoples tribunals, most especially from the Russell Tribunal addressing the unlawfulness of US intervention in the Vietnam War, from the Iraq War Tribunal that was prompted by the 2003 regime-changing aggression that brought chaos and misery to the Iraqi people, and from the tireless work of the Permanent Peoples Tribunal of Rome that sponsored and organized comparable civil society inquiries into the leading injustices in the world. This legacy of earlier peoples tribunals had a common core rationale for coming into existence. This rationale also defines the mission of the Gaza Tribunal and can be explained concisely: It is the failure of organized international society to respond to severe injustices by enforcing international law and holding perpetrators and accomplices accountable. In short, these tribunals arise when the governments of leading states and inter-governmental institutions fail or neglect to address severe injustices, especially bearing on war and peace. In essence, people only act in response to international issues when the established order exhibits its moral and legal depravity from the perspective of justice.

It needs to be appreciated that the funding and organization of a people’s tribunal is a daunting challenge for ordinary citizen. Its inherent posture of radical opposition to governmental policy will be rejected harshly by establishment elites, including the corporate media, and often give rise to punitive reactions. That is to say, the reality of the Gaza Tribunal was a project not lightly undertaken by its principal organizers or by participating activists.

Gaza is the leading example, as well as a metaphor for the dying of settler colonialism, and is thus perceived as a dagger struck to the heart of anti-colonial national liberation. It prompted a few countries of the Global South to have recourse to the International Court of Justice and the International Criminal Court, hoping to find formal and authoritative judicial support for their well-documented allegations of genocide and crimes against humanity. Even this progressive reliance on a ‘law and order approach’ turned out to be of little practical benefit in stopping the genocide. The near unanimous rulings and decisions of the ICJ proved to be as unenforceable as were the prior General Assembly ceasefire resolutions. And thus the genocide continue, perpetrators retain de facto impunity, and the complicit governments have the audacity to seek control over day after negotiations.

Yet for opponents of Israel’s policies even these disappointing realities of judicial futility are helpful in this context because authoritative pronouncements of relevant law add symbolic force to the claim that Israel and its supporters have been driven from the high moral and legal ground despite their commanding influence over public discourse by virtue of hasbara manipulations and sympathetic major Western media outlets. Further, since 1945 the side in political conflicts that wins the main legality battles also wins the legitimacy war that informally adjudicates right and wrong. These symbolic victories have turned out to be historically relevant to shaping political outcomes. From the Vietnam War forward the side with military superiority has rarely controlled political outcomes in anti-colonial warfare, however much death and devastation it inflicts in trying for victory. Whether Palestinian resilience, extraordinary as it is,  has the capability to withstand the relentless pressure of Israeli genocide insulated from the enforcement of legal obligations by geopolitical protection, and prepared for by decades of apartheid governance and ethnic cleansing that encountered hardly any pushback from the UN aside from contributions to Palestinian victories in the battlefields of the legitimacy war.

In the coming days we will try to vindicate the establishment of the Gaza Tribunal by striving to add our efforts to rising global opposition to the brutal crimes of a continuing genocide. Can we do otherwise? Only two days ago Israel’s IDF reportedly knowingly targeted the home of two doctors married to one another. The IDF allegedly acted on the basis of surveillance technology that conveyed the knowledge that the house was full of children. While the mother, Alaa de-Najjar, a pediatrician was on duty at the nearby Nasser Hospital in Khan Younis, her home was bombed and nine of her ten children were killed by the fire caused by the explosion. The nine bodies of her children were brought to her at the hospital, while her husband critically wounded by the bomb and the singly surviving child, aptly named Adam, were struggling to stay alive. Can any of us rest while such barbarous behavior goes on and on?

Desperate for an end to this genocide I hope many will join me in calling for ‘the gravitas of awakened people’ to do what governments have failed to do, namely, to do all in our power to bring this Palestinian ordeal to an end

We are gathered here in Sarajevo to respond as effectively as we can to what is being increasingly identified as ‘the moral challenge’ of our time. The Gaza ordeal has cast its dark shadow across the entire planet. Our endeavor is to make the experience of the Gaza Tribunal a glimmer of light, an expression of hope against hope.

GAZA TRIBUNAL PROJECT, MAY 26-29, 2025, Sarajevo, Bosnia

 CHAMBER 1
 INTERNATIONAL LAW 
MONDAY, MAY 26
   
9:00-9:30Welcome
Rector of International University of SarajevoAhmet Yıldırım
President of the Islamic Cooperation Youth ForumTaha Ayhan
President of the Gaza TribunalRichard Falk
9:30-10:00Chamber 1 co-Chairs introduce proceedingsMichael Lynk
Susan Akram
10:00-11:45Panel 1: Nakba and Colonial Genocide
GenocideNimer Sultany
Apartheid and Self-DeterminationVictor Kattan (online)
Forced Population TransferTriestino Marinello (online)
Witness testimony: Al Haq Field ResearcherPre-recorded & translated from Arabic
Witness testimonyAhmed Abu Artema
 Witness testimonyKhaled Alhatoun (read by  )
 Witness testimonyAya Abusharakh (read by  )
 Witness testimonySherene Alsafi (read by )
   
11:45-12:15Coffee Break
12:15-14:00Panel 2: Patterns of Genocide
Political PrisonersLisa Hajjar
Right to foodFarah Al-Haddad
Reproductive systemsHeidi Matthews
 Witness testimony (prisoner – Addameer)Diala Ayash (pre-recorded, translated)
 Witness testimony (prisoner – Addameer)Ahmed Khreish (pre-recorded, translated)
 Witness testimony (prisoner – Addameer)Khader Al’ashi (pre-recorded, translated)
 Witness testimony (prisoner – Addameer)Khader Al’ashi (pre-recorded, translated)
 APN witness: Right to FoodWritten testimony read by:
14:00-15:00Lunch
15:00-16:45Panel 3: Specific Acts
Protection of CiviliansMaryam Jamshidi
 Attack on Health InfrastructureHana / read by Wesam Ahmad
Witness testimony: Gaza Soup Kitchen; UNRWA USAHani Almadhoun
Witness testimony: Volunteer physician in GazaDr. Thaer Ahmad
Witness testimony: Volunteer physician in GazaDr. Mimi Syed
16:45-17:15Closing by Co-ChairsMichael Lynk
Susan Akram
17:15-18:00Closing RemarksRaji Sourani
   
   
CHAMBER 2
 INTERNATIONAL RELATIONS & WORLD ORDER 
 TUESDAY, MAY 27 
9:00-9:30Chamber 2 co-Chairs introduce proceedingsRichard Falk (online)
Craig Mokhiber (online)
9:30-10:00Panel 1: Political Realism and Contemporary Geopolitics
Political Realism Revisited and the Law of PeoplesRichard Falk (online)
Paulina Chan
10:00-11:15Panel 2: Political Economy of Genocide and Obliteration of GazaModerator:
Wesam Ahmad
Nakba, Liberation, and Decolonization Through a Political Economic Lens: from 1948 to the Gaza GenocideLara Eborno
Enforcement and the Accountability Gap: The Crime of StarvationHilal Elver (online)
Ecocidal Violence in Gaza: Is it Part of Genocide or a Separate International Crime?David Whyte (online)
Pursuing Physically Disabling Combat TacticsPenny Green
11:15-11:30Coffee break
11:30-12:15Expert Testimony
Mazin Qumsiyeh 
Sami Al Arian 
Noura Erakat (pre-recorded) – Failures of the UN 
Asmer Safi – Criminalisation of student protests 
   
12:15-14:00Lunch
14:00-15:15Panel 3: Deficiencies of the formal international normative orderModerator: Lisa Hajjar
The International System in the Age of GenocideCraig Mokhiber (online)
Looking Ahead to EnforcementPhyllis Bennis (online)
International Tribunals: The ICJ and ICCMichelle Burgis-Kasthala (online)
15:15–16:00Panel 4: GTP conception of an alternative jurisprudential legal paradigmModerator: Penny Green
Civil Society Tribunals: Meeting the Challenge of Israeli Impunity for Gaza Genocide Michelle Burgis-Kasthala (online)
Permanent Peoples TribunalGianni Tognoni
16:00-17:15Panel 5:
Activism of civil society and social movements
Moderator: Wesam Ahmad
Sumud and Self-Determination: The Enduring Legacy Against ErasureRamzy Baroud
Jewish Voices for Peace and the Ceasefire CampaignPhyllis Bennis (online)
Learning from South Africa’s Anti-Apartheid StruggleHaidar Eid (online)
17:15-17:30Break
17:30-18:30Discussion
 CHAMBER 3 
HISTORY, ETHICS & PHILOSOPHY
WEDNESDAY, MAY 28
9:00-9:30Chamber 3 co-Chairs introduce proceedingsPenny Green Cemil Aydin
9:30-10:30Panel 1: Understanding GenocideModerator: Lara Elborno
Genocide as State Crime : the importance of understanding it as a processPenny Green
Ethical Implications of the Genocide in GazaAyhan Citil
History of Ethnic Cleansing/GenocideIllan Pappe (online)
10:30-11:30Panel 2: Ideological Underpinnings – Exposing DehumanizationModerator: Cemil Aydin
Challenging the Matrix of Control/House DemolitionsJeff Halper
An Ontological Abortion of the
Enfleshed Genocidal State: The Ongoing Genocidal Nakba in Gaza
Nadera Shalhoub-Kevorkian (read by Penny Green)
The Unmaking of the Palestinian HomeHenrietta Zeffert
11:30-11:45Break
11:45-12:45Panel 3: Resisting GenocideModerator: Thomas MacManus
The GT ArchiveAndy Simmons
Michelle Burgis -Kasthala
Palestinian ResistanceAbed Takriti
Archaeology and the Erasure of PalestineAkram Lilja
Expert testimony: The BDS CampaignOmar Bargouti (pre-recorded)
12:45-14:00Lunch
14:00-15:00Panel 4: Ideological Underpinnings – Civilization and Weaponizing the Holocaust and Anti-Semitism
Holocaust Exceptionalism and Israel’s GenocideRaz Segal (online)
Ethnic Cleansing Through Civilisational NarrativesCemil Aydin
 The Role of the Israeli Academy in Genocide ProductionMaya Wind (pre-recorded)
15:00-16:00Media Roundtable
Peter Oborne, Jonathan Cook, Victoria Brittain,
Ezgi Basaran, Kenize Mourad
16:00-16:15Break 
   
16:15-17:00Panel 5: Cultures of ErasureModerator: Wesam Ahmad
Politics of Palestine ExceptionUssama Makdisi (online)
Zionist Culture and Genocide DenialSaree Makdisi (online)
17:00-17:30Summary of Chamber 3 ReportPenny Green Cemil Aydan
17:30-18:30Discussion of the Sarajevo Declaration
   
 DAY 4 
 THURSDAY, MAY 29 
   
09:00-10:30Srebrenica/Gaza Roundtable
10:30-11:00Coffee Break
   
11:00 – 12:00Presentation of the Sarajevo Declaration + Press Conference 
12:00-12:30Closing Remarks

.

Richard Falk, Foreword to Haidar Eid, Banging on the Walls of the Tank: Dispatches from Gaza

16 May

[Prefatory Note: The post below is the text of foreword to a very special book on the Palestinian Ordeal, written in the form of short pieces from 2009 to the present. Banging on the Walls of the Tank, is especially illuminating by its portrayal of the contrast between the Israeli oppressive occupation before October 7 and after. It underscores a contrast between the earlier Israeli approach as ‘incremental genocide’ as opposed to ‘accelerated’ genocide after the Hamas attack. Copies of this book may be ordered from Amazon, and other booksellers. Eid is in the best traditions of journalism, scholarship, and engaged citizenship].

The Political Is Inevitably Personal

I have read many discerning and moving books on Palestine over the last fifty years but none has spoken to me as forcefully and persuasively as this short volume of opinion pieces written by Haidar Eid from 2009 to the present. The prophetic insight of these dispatches and their cumulative impact offer readers a vivid Palestinian narrative of tragic suffering and the heroic resistance of the Gazan population to Israel’s occupation, settler colonialism, apartheid, and genocide, as well as a pervasive Israeli reliance on collective punishment of Palestinians. 

Banging on the Walls of the Tank, a reliable interpretation not filtered and distorted by Western mainstream media,should be read by all those in the West who seek to understand the bitter realities of the Israel/Palestine struggle. Almost every page is enlivened by the author’s uncannily memorable formulations of the true and awful nature of the Palestinian plight, which was desperate long before the horrifying real-time genocide that has unfolded in the form of daily atrocity spectacles ever since October 7. In his readable style and with the skill of a trustworthy storyteller, Eid offers insights rooted in his direct experiences as a Gaza refugee, expositor of Palestinian steadfastness, resistance activist, witness, and survivor.

Contextualizing October 7

These dispatches, written since 2009 in response to the evolving bloody tactics and criminality of the Israeli occupation, are both an anticipation of the October 7 attack and a condemnation of the Israeli genocidal response. An aspect of the originality and significance of Eid’s presentation is ti convincingly demonstrate that Israel has harbored an apartheid ideology and practice from the time of its birth. This is long before the most influential human rights organizations (including Human Rights Watch and Amnesty International) dared issue reports, as they did in 2021, that fully documented the allegations that Israel was systematically applying apartheid policies and practices to administer the occupation. Israel also relied upon discriminatory internal regulatory laws to subjugate all Palestinians who were directly subject to Israeli sovereignty, including those living in post-1948 Israel as citizens. These domestic laws were supplemented by exclusionary nationality laws and practices relied upon by Israel to deny Palestinian refugees a right of return as bestowed by international law and confirmed by the United Nations General Assembly (UNGA) Resolution 194 (11 Dec 1948) while at the same time granting birthright Jews an unlimited rights of return no matter whether they had any link to Israel or not.

Eid’s dissent from pro-Israeli orthodoxy in Europe and North America extends to his important assessment that Israel’s supposed “disengagement” from Gaza in 2005 was deceptively presented to the world as a move toward peace. What was not told was that this Israeli unilateral initiative was coupled with Israeli administered border control that effectively imprisoned 2.3 million Gazans in their own homeland. Such confinement was later cruelly reinforced by a punitive siege that converted Gaza into what became known as the world’s largest ever concentration camp. The impact over time of these oppressive conditions are characterized by Eid, borrowing from historian Ilan Pappe,[1] as “incremental genocide.” This importantly demarcates the “before” and “after” of October 7 as one of continuity rather than as totally discontinuous, coming out of the blue, as Israel, followed by the West, desperately wants us to believe up to this day. It is obvious that Israel devoted much attention to decontextualizing October 7 to avoid the implications of the pre-October 7 realities of apartheid and incremental genocide so persuasively delineated by Eid being taken into account when evaluating the Hamas attack.

Eid is writing as a victim/survivor/activist as well as a journalist/intellectual of the before and after of the Gaza ordeal. For him, the sixteen months of direct, undisguised genocide that has preoccupied the world to an unprecedented degree was nothing fundamentally new but rather an intensification of what Gazans had been experiencing ever since 1967 in more attenuated forms. There is no doubt that incremental genocide would be virtually impossible to establish in a court of law as a distinct crime because of the difficulty of proving genocidal intent as compared to criminalizing what followed after October 7 as a violation of the Genocide Convention. The numerous undisguised assertions by Israel’s top leaders easily met the rigorous legal standards of genocidal intent insisted upon by objective jurists. These words of genocidal incitement were combined with the crude, often sadistic, Israeli Defense Forces combat tactics relied upon to bring its helpless Palestinian adversary agonizingly close to the brink of extinction.

The Israeli discourse on October 7 also points its finger at Hamas, seeking its complete delegitimation by treating its attack as pure “terrorism,” justifying an exterminist response, and relieving Israel of pressure to obey the laws of war in its response. Eid challenges this Israeli rationalization by regarding the attack as both a justifiable and a legitimate form of resistance, especially in view of the context, which includes the Netanyahu performance at the UNGA a few weeks earlier during which he displayed a map with no Palestinian entity, an erasure of Palestine alongside the presumed establishment of Greater Israel. By taking these factors into account, Eid produces a revisionist view of October 7 that is more realistic and reflective of the values at stake.

There is a deeper significance to the way Eid establishes the context accounting for October 7. His approach is a necessary antidote to the Western hegemonic discourse, which denounced any assertion that the Palestinian attack was justifiable resistance to the provocative criminality of apartheid, several terrifying militarily inflicted massacres, and sixteen years of a cruelly punitive blockade whose constraints on imports could not be plausibly justified as a security measure while guaranteeing the misery of Palestinian lives in Gaza. Eid’s book should be read as a corrective to the disgraceful performance of a mainstream media in the West that excluded all considerations of context from its evaluation of the events of October 7 and declared justificatory acceptance of Israel’s claimed entitlement to act in self-defence, echoing its coverup of overt recourse to genocide as nothing other than a necessary “security operation.” This is a deliberate attempt to banish the word “genocide” from use in Western public discourse and mainstream media when reporting on Israel’s totally dominant military capabilities in executing its indiscriminate rampage against the completely helpless civilian population of Gaza. Despite this effort to restore the discipline of pro-Israeli discourse, describing the Israeli violence as “genocide” has been gradually normalized in many societal and media venues, but not yet all.

Failures of Implementation: International Law and Universal Moral Standards

This linkage between what daily occurs on the ground in Gaza and the broader issues of toxic dysfunction that have long poisoned the Palestinian experience exposes the willful impotence of what Eid generously terms the “international community,” as if there was one.  It is intolerable for Eid that outsiders, whether governments, international institutions, media, or even individuals, remain spectators, or worse, render aid and comfort to the perpetrators and their accomplices in carrying out this “crime of crimes.”  Along the way, Eid acknowledges that the Nazi Holocaust against Jews was similarly internationally tolerated, especially by the Western liberal democracies that have, since 1945, alleviated their guilt at the expense of the Palestinians, who pay for moral shortcomings for which they had no responsibility. Two massive wrongs never make things right; rather, as the poet Auden teaches, “those to whom evil is done / do evil in return.”[2]

Israel’s official occupation policy after 1967 stressed putting the people of Gaza “on a diet,” with just enough food to avoid death by starvation but not enough to enable nutritional health. Eid emphasizes the long denial of the right of return enjoyed by refugees after 1948 as affirmed in the UNGA Resolution 194. Any process of satisfying the requirements of international law would also necessitate the dismantling of the apartheid regime of control and ethno-religious claims of a Jewish supremist state.

Eid’s Vision and Its Enemies

As Eid articulates his vision of a benevolent future for the Palestinian people, he sets forth its simple but far-reaching governance implications: A single secular state for both peoples from the river to the sea with equal rights for all resident ethnicities. For Eid, this is the one and only solution, an indirect repudiation of the two-state delusion as well as his complete rejection of an Israeli one-state apartheid Greater Israel.

Eid does far more than relate the horrors of incremental genocide. He condemns not only the Israeli perpetrators but severely incriminates their complicit supporters who supplied weaponry and funding that sustains the mighty military capabilities of Israel and give diplomatic credence to it is flagrant defiance of international law. This is more than critique, it is also a rejection of the only pathway Eid envisions as leading to peace with justice for the Palestinians, and even Jews. Such a solution, which will strike many jaded souls as “utopian” or both unattainable and unacceptable, rests on the simple major premise of fulfilling Palestinian rights under international law. In the Palestinian case, this means, among other policy alterations, lifting the draconian blockade of Gaza that has made the daily existence of inhabitants of Gaza (two-thirds of whom are refugees) a life of misery, one deliberately “engineered” by Israeli tacticians who “mow the lawn,” a term officials in Tel Aviv use to refer to Israel’s massive military attacks that are properly undertaken whenever Gaza seems to pose security threats by the vitality of its resistance activism, regardless of whether by armed struggle or nonviolent civil action.

Eid’s dispatches are written with the passion and experience of someone who has lived as a refugee since 1964, when he was born in Gaza. His parents lived in the Nuseirat Refugee Camp after they were forced, in 1948, to leave their home in the Palestinian village of Zarnouga. As the decades passed, they never gave up their expectation on one day returning to Zarnouga, even knowing it had been demolished. As they faced death, Eid’s parents last wish was that at least their bodies could be returned to their village for burial; a wish that was denied; a wish that, even if granted, would be far from fulfilling the kind of return envisioned by international law.

That he grew up in a refugee household helps explain Eid’s preoccupation with the exercise of the right of return of the five or six million Palestinians living as refugees as a necessary feature of any sustainable and acceptable peace process. And as such, it undoubtedly informs why he shows such contempt for the Oslo diplomacy initiated in 1993, a diplomacy that totally ignored, and implicitly rejected, this basic right embodied in international law. On other grounds, as well, Oslo justifiably reinforced his rejection of a Palestinian leadership that failed to insist on affirming the Palestinian entitlement to the most fundamental of human rights in the post-colonial era, the inalienable right of self-determination possessed by all peoples and claimed on behalf of every nation on the planet. Eid adopts a cynical view of the Palestinian Liberation Organization, which, by accepting the Oslo framework, sacrificed the future of Palestine for a seat at the far end of the negotiating table and the dubious ‘reward’ of a photo op on the White House lawn; the photo was used by the West to show the world the much celebrated, but deeply misleading Arafat/Rabin handshake as a historic reconciliation that was never to be implenmented . What followed the publicized initiation of Oslo diplomacy was, at best, a charade that dragged on long enough for Israel to expand its settler population to a politically irreversible level. Throughout, Israel has benefited from a ‘peace process’ that was never about peace, and which while running its course seriously harmed the Palestinians. The supervision of the negotiations by the overtly partisan US government should never have been accepted by the designated representatives of the Palestinian people who defied reason by not insisting on neutral auspices. As Rashid Khalidi, among others, have shown, the United States never even pretended to be an honest broker of the Oslo Process, but made no secret of situating itself in Israel’s corner.[3]

Eid’s perspective is formed by a blend of his multiple identities as victim, witness, survivor, activist, humanist, writer and journalist, university teacher, and public intellectual. This rare combination of experience and commitment contributes to making Eid an exemplary interpreter of the ongoing Palestinian ordeal. He is decidedly not a neutral observer; he is an undisguised and fully engaged “honest partisan” who develops a compelling Palestinian account of why the Palestinian ordeal came about and was allowed to happen. While his observations are avowedly one-sided, this lack of balance, oddly, provides a more objective approach because it is congruent with the realities of Gaza if tested by the evidence, regulative norms of law and morality, and proclaimed values at stake. As such, it presents readers with a happy contrast to the brainwashing pretensions of such influential media platforms as the New York Times or The Economist, which claim balance but, when it comes to reporting on Israel/Palestine, are more accurately perceived as sophisticated instruments of state propaganda.

Even without the benefit of being confronted by the pre-October 7 historical, legal, and ethical context, public protest began to mount, including in the centers of Israeli support in North America and Western Europe, as Israel continued the genocide unabated, refusing to heed growing public calls for ceasefires and constraint. Pro-Palestinian protests erupted on many university campuses but were quickly countered by Israeli donor leverage and governmental pressures, especially in the US. With the advent of Trump in 2025, pro-Palestinian activism on campuses and elsewhere faced renewed challenges, and not only in the US but also throughout Europe, reflecting a political swing to the ultraright.

Valuing and Learning from the Eid Perspective

What also makes Eid’s commentary exceptional is the authenticity of his voice, shaped by his intense experiences since his birth in 1964. His work is further informed by channeling the wisdom of profound and enraged Palestinian cultural icons, referencing the insights of Ghassan Kanafani, Mahmoud Darwish, and Edward Said, as well as making good use of anti-colonial writings drawn from authors in the Global South. It should be instructive for all readers that Eid derives his inspirational political guidance from these cultural sources rather than from the Palestinian political leaders that he holds co-responsible for misleading their own people in various self-destructive ways. Eid is appalled by the willingness of the Palestinian leaders anointed by the West to accept what he calls “bread crumbs” rather than insisting on liberation and basic rights as conferred by international law; law that is never acknowledged by Israel or enforced by either the UN or responsible geopolitical statecraft as ineptly overseen by the United States since the end of the Cold War that tended to favor geopolitical and strategic interests to legal, moral, and even prudent restraint. The most tainted bread crumb, in Eid’s reflections, is the idea of the acceptance of a permanently demilitarized Palestinian statehood on 22 percent of historic Palestine, especially considering that, in 1947, Palestinians rejected the dubious UN partition resolution that split the country – but at least awarded Palestinian with 45 percent of the land.

Eid is deeply influenced by the successful, analogous struggle against the hegemonic racism and settler colonialism of apartheid South Africa. He believes that the lessons of this earlier struggle can be adapted and applied to Palestinian circumstances, embracing the famous dictum, often attributed to Italian philosopher Antonio Gramsci, “pessimism of the intellect, optimism of the will,” which distinguishes the rational understanding of political injustices from an emotional reassurance that a just outcome will emerge from the struggle of the Palestinian people. In addressing this tension from my outlook, my rational self is less confident than Eid about the sufficiency of the South African model of liberation. I believe that Palestinian liberation will remain impossible unless it overcomes the primacy of adverse geopolitics (shaped by strategic interests rather than by a willingness to respect the rule of law and universally affirmed moral notms). These currently unregulated forces empower the Islamophobic complicity of the white West and are currently aligned with the Zionist networks in the West that have exerted an unhealthy influence over policy formation at national, regional, and global levels.

Giving equal attention to matters of political will, I am also encouraged by anti-colonial success stories. This reading of the recent historical record echoes Eid’s interpretations and, before him, Said’s. Both thinkers deeply theorized a belief that the side that controls “the high moral ground” in the end prevails politically over the side that dominates the battlefield due to its military superiority. In my terminology, and in keeping with Eid’s assessments, Palestine is winning this Legitimacy War and is on its way to an emancipatory future, although with much suffering and devastation on the road to such a political outcome. This guardedly hopeful outlook assumes Palestinian perseverance for as long as it takes, which Israel is ceaselessly working to undermine and weaken by its recourse to the most extreme methods of violence in the combat zones and to dirty tricks overseas, including “weaponizing antisemitism” as a policy tool of combat.

In Conclusion

The title of Eid’s book, borrowed from a poignant line in Kanafani’s novel Men in the Sun, would strike most international readers as enigmatic and obscure. Eid informs us that these words have become a popular slogan of Palestinian resistance fighters, conveying the vital message, “If you want to live, make noise”; that is, resist, but if ready to die in body or spirit, stay quiet. Such is Eid’s fighting spirit. His noise is a challenge to all everywhere to act on behalf of the Palestinian struggle within our respective spaces before it is too late. And as a fitting indictment, Eid’s last words in the epilogue again echo those of Kanafani: “Gazans have been banging on the walls of the Gaza concentration camp since 1948,” and still nothing happens by way of rescue, much less liberation. Silence almost everywhere, especially shameful among Arab regimes neighbouring besieged Gaza is reinforced by the timidities of the Arab League.

For Eid, Arab silence is not broken by uttering words of condemnation unless accompanied by coercive actions. In this sense, Eid’s own journey has led him and his family to take refuge in South Africa in recent months, the country that has acted more substantively than any other against Israel since October 7E by submitting a graphic complaint to the International Court of Justice (ICJ) alleging Israeli violations of the Genocide Convention. Unsurprisingly, Eid in exile insists that Palestinian liberation must take the form of a single secular constitutional and democratic state with recognized borders encompassing the whole of mandate Palestine. This affirmation is coupled with a total rejection of the dangerous fiction of co-existence and accommodation that is based on the mutual acceptance of a neutered Palestinian mini state that would be permanently demilitarized and otherwise left at the mercy of a highly militarized and racist Israel. [AC1] 

Secondly for Eid, a present grounding of realistic hope in this particular liberation struggle must be predominantly based on the activation of people rather than the good will and energies of governments and their institutions. This leads Eid to stress the role of solidarity initiatives to be with a sense of urgency throughout the world as typified by the Boycott, Divestment, Sanctions campaign. He strongly endorses BDS as a principal modality of Palestinian prospects ever since its initiation in 2005, when it began as a collective action with the backing of 170 Palestinian civil society organizations. In effect, liberation from settler colonialism in the historical presence can move toward victory only when people in strategic countries around the world are sufficiently mobilized to exert transformative pressures on governments and the international community to undo the political and economic ties that bind them to the oppressor.

Eid is lucidly persuasive in his refusal to accept the common refrain that there are “two sides” in recent debates about Israeli tactics and goals. Zionist liberals especially would have us so believe, evading the central reality that this a classic struggle, with distinctive features of the oppressed against the oppressor and its complicit allies. Eid is seeking a crucial rectification of the asymmetrical nature of the struggle. Suc continues to be highly controversial in the West, but seems vital to act upon if non-Palestinians are to support a genuinely just and sustainable peace. This view expresses a radical challenge to the status quo as its realization requires the rejection of the Zionist Project of Jewish supremist prerogatives in a distinct state as the essential precondition could enable the two peoples to live together as equals. Eid’s vision of liberation does not include the forced departure (in effect, an ethnic cleansing) of Jews or the destruction of Israel as a state, but it does require major adhustments: a fundamental reconstruction of its internal race relations; an abandonment of Zionist ideology; ethnic equality of treatment in nationality and citizenship laws; and quite likely the naming of the emergent one-state entity to signify the rejection of an ethnic statehood for either people.   

Gruesome patterns of Israeli abuses over the years are further confirmed by Eid’s own existential encounters with Israel’s prolonged dehumanizing and sadistic treatment of the people of Gaza, especially its children. His prose is written not with ink but with the blood of the innocents, undoubtedly a tearful recounting of very concrete incidents involving family members, close friends, neighbours. Eid is unflinching in his determination to bring Israel’s brutalizing behaviour out into the open by bearing anguished witness to targeted killings of innocent children by Israeli snipers, as well high tech weapons of war that killed whole families trapped in their homes and devastated entire residential neighbourhoods during Israel’s massive incursions, characterized as “massacres,” in 2008–09, 2012, 2014, 2018, and frequently, on a smaller scale, in the leadup to the full-scale genocidal response to October 7. In a significant conceptual move, Eid follows Pappe in presenting these years preceding that pivotal day as “incremental genocide.” This reality posed for every Palestinian an ultimate choice between the dangers of resistance and the humiliations of submission to the harsh apartheid constraints of Israeli control.

What makes this book truly groundbreaking, aside from its chronicling of witnessing in ways that impressively counteract the propagandistic decontextualization of October 7, is its clarity when it comes to a critique of the mainstream diagnosis of the Palestinian struggle and accompanying positive prescriptions about the path to a Palestinian victory emerging from the piles of rubble signifying Gaza after enduring these months of genocide.

Even though the provisional rulings of the ICJ on January 26, 2024, did nothing to change the facts on the ground, it should be read as an authoritative affirmation of the legitimacy of the Palestinian struggle and a heartfelt juridical lament for the accompanying humanitarian catastrophe still befalling Gaza. It undoubtedly helped motivate Eid to express the optimism of his will by the dramatic assertion in the epilogue that “Israel is now on the verge of collapse.”

Richard Falk

Santa Barbara, California

30 January 2025


[1] Ilan Pappe, The Biggest Prison on Earth (Oneworld Publications, 2019). [the ‘e’ in Pappe is written with an accent over it)

[2] W. H. Auden, ‘September 1, 1939,’ published in Poetry of the Thirties , Penguin, 1964

[3] Rashid Khalidi, Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East,” Beacon Press, 2013, https://harpers.org/2013/03/brokers-of-deceit-how-the-u-s-has-undermined-peace-in-the-middle-east/.


 [AC1]Something missing here.

The Gaza Ordeal: How Will it End?

12 May

[Prefatory Note: The interview conducted by Daniel Falcone was published under in CounterPunch on May 11, 2025 with the title On Genocide and Gazan Resilience is reproduced here unmodified except for the title. To call attention to question of ‘What comes next for the Palestinian people and Gaza,’ sometimes phrased as ‘the day after’ is an increasingly haunting question. A return to some version of Oslo Dipmomacy (as incorporating the global endorsement of ‘the two-state’ solution) is not an acceptable outcome for the Palestinians and obviously contradicts the embrace of an Israeli s one-state solution). The time has come for the Palestinian people, including about six million refugees who have for decades been denied their entitlement to a ‘right of return’, to be treated as integral to a sustainable peace and a central requirement of fulfilling their inalienable right of self-determination. Another fundamental issue relates to Palestinian representation, which should reflect the collective wishes of the Palestinian people living under occupation and some form participation by the Palestinian refugee communities. To legitimate such an outcome process requires circumventing ‘the primacy of geopolitics’ within the UN and global society in general, or its benevolent transformation.]

In this exclusive interview, renowned international law scholar and former UN Special Rapporteur Richard Falk engages with educator and journalist Daniel Falcone to examine the moral, political, and historical dimensions of Israel’s ongoing assault on Gaza. The conversation is anchored by a viral social media post from Tam Zandman, a young Israeli who denounced what he described as the genocidal destruction of Palestinian life. Falk contextualizes Zandman’s testimony within the broader framework of Israeli state violence, addressing the normalization of moral indifference, the complicity of Western governments and media institutions, and the ideological underpinnings of the Zionist project, particularly its “Greater Israel” aspirations.

Drawing on a range of sources, including Noam Chomsky’s critiques of state terrorism and Mohammed Omer Almoghayer’s memoir On the Pleasures of Living in Gaza, Falk explores the systemic erasure of Palestinian voices, the instrumentalization of anti-Semitism to suppress legitimate criticism, and the enduring spirit of Palestinian resistance, or sumud, in the face of profound destruction.

Daniel Falcone: On April 10, 2025, Gaza-based journalist Motasem Dalloul commented on a widely circulated social media thread, describing it as “a shocking thread by [an] Israeli youth [that] discloses the reality about the genocide [that] has been going on in Gaza for 17 months.” In your view, how does this fit within the historical context of what you have described as “speaking a substantial truth about Israeli moral numbness and genocidal sentiments?” Could you elaborate on how such discourse reflects broader hegemonic narratives and state violence? The language around the topic was rather stark and reminded me of Chomsky’s analysis of Alan Dershowitz’s assertion in 2006, that called for the targeting of Lebanese civilians.

Richard Falk: Dalloul’s comments on Tam Zandman’s powerfully unrelenting condemnation of Israel’s real reason for what he calls the flattening of Gaza is moving and significant. Zandman’s words were written, as you observe, by a young self-described ‘citizen of Israel’ who emotionally explores the psycho-political infrastructure of Israel’s prolonged genocidal attack on the captive, totally vulnerable Palestinian population of Gaza. His Cri de Coeur arises from manifestly intense convictions and an anguished internal vantage point within Israel. What gives these words from Israel their quality of originality is their humanistic grounding, which contrasts with intense ethnic nationalism of Israeli mainstream dialogues, and even more the sub-conscious drive to destroy the Palestinian existence. The public show of Israeli moral concerns has been concentrated upon the fate of a small number of October 7 hostages mainly Israeli Jews.

Such a preoccupation has been accompanied in Israel by indifference, or worse, toward the fate of the Palestinians, including ‘Palestinian hostages’ seized without charges since the Hamas attack and severely abused in Israeli prisons. These personal tragedies are reduced to statistics of so-called ‘prisoner exchange’ releases that are part of ceasefire diplomacy devoted to pauses in the violence with Hamas commitments to release an agreed number of hostages. Seizing innocent civilians and holding them hostage is a war crime whether they are Israeli or Palestinians and this is true whether called ‘hostages’ or ‘prisoners.’ As with other aspects of media presentation, such one-sided labeling is itself a dimension of media complicity in covering up the one-sided sense of grievance with respect to Israeli captives held by Hamas.

What is most distressing to Zandman is that public discourse emanating from Israel about retaliation against barbarism, counterterrorism against Hamas, security concerns, and the recovery of hostages, obscures the grotesque clarity of the widespread pre-October 7 Israeli societal wish that was passionately in favor of the devastation of Gaza and the elimination of its people. For Zandman, this was for most Israelis, something worth pursuing for its own sake. It needed no pretext, much less a legal or moral rationale given this embrace of necro politics in Israel.

In keeping with such a background, the Netanyahu government made little effort to explain and justify recourse to genocide by claiming a ‘just cause’ when addressing Israelis. Such explanations were superfluous internally, and their articulation seem designed to strengthen external support from Diaspora Jews and the governments of liberal democracies in the West, especially the US, that desired a smokescreen of morality and legality to give a shred of legitimacy to the Israeli response.

Beyond this, Israel and its leaders were wary of condemnation by the International Court of Justice and the International Criminal Court, not because they felt misunderstood, but because they deeply resented being internationally labeled as guilty of criminal behavior, especially of genocide, which challenged their insistence that only Jews were victims of mega-genocide, warranting a special recognition from others, identified as The Holocaust or Shoah. This concern about an external reputation is what led to Israel’s worldwide campaign of weaponized anti-Semitism to demonize its critics and proclaim its innocence, essentially a politics of diversion.

We are left with two bewildering issues: Firstly, is Zandman correct in his attribution of a toxic and lethal dehumanization of the Palestinian people that favorably disposed toward genocide, and would have been supportive of its enactment with the pretext of responding to the Hamas attack? In a sense, this is an empirical question that is difficult disentangle from the unpopularity of the Netanyahu government, the secular opposition to the rise of the religious right in Israel, and a tendency to go along with whatever the government proposed in the name of security. In essence, we might never know whether Zandman was fearlessly reporting an accurate account of the Israeli collective mentality with respect to the Palestinian people or was expressing his own acute frustrations about the refusal of Israel’s post-October 7 response to respect the constraints of law and morality.

Yet, without a doubt, his strong feelings are reactions to repressive responses to Israeli dissenters in this period as compared to the moral struggles evident about Jews in the Diaspora, who exhibit internal tensions, and need the comfort zone of the ‘two sides’ sensibility that has emerged in the West, including the media, to the effect that Hamas is guilty of a terrorist assault and deserves to be destroyed — and the view that Israel in its reacting, exceeded the limits set by law and morality. Both sides are hence responsible, and ‘day after’ arrangements should reflect this symmetry rather than reflect the asymmetric relevance of the pre-October oppressive governance in Gaza.

Israeli oppression was expressed in many ways, including a punitive blockage in place since 2007, massive military incursions in 2008-092012, & 2014, the widespread assessment by respected human rights civil society organizations (including Amnesty International, Human Rights Watch) of the imposition of an apartheid regime throughout occupied Palestinian territories, and the endgame of the Zionist Project — taking the form of Greater Israel and involving the annexation of the West Bank, and the establishment of a territorial buffer zone.

Secondly, did the more than 18 months of a genocidal assault on Gaza alter Palestinian prospects for achieving basic rights in a negative or positive fashion? The negative argument arises from heightening the costs for Palestinians of remaining resident in Occupied Palestine or in Israel, as well as extending hegemonic control of such neighboring countries like Lebanon, Syria, Egypt and extending its military reach with respect to Iran. It also, despite the prolonged extreme genocide, retained the diplomatic support and strategic partnership of the complicit governments in the West, especially in confronting ‘the clash of civilizations’ dimensions of the conflict in which Israel has done the dirty work of the containment of radical Islamic influence in the Middle East. Such developments are viewed as safeguarding Western access to the energy resources of the region as well as providing security for commercial navigation and naval operations.

I wonder about your reference to Chomsky’s reaction to Dershowitz’s indirect endorsement about what became known as the Dahiya Doctrine, which underlay Israel’s deliberate recourse to disproportion and indiscriminate responses to any show of armed resistance in Lebanon and elsewhere. As such, it was both descriptive of Israel’s approach to its ‘security’ ever since its establishment in 1948, as well as being an early sign of the drift toward the Gaza genocide that has unfolded since October 7. Dershowitz has twisted and turned over the decades in his all-out effort to validate each-and-every Israeli use of force.

Daniel Falcone: While this analysis sheds light on the moral discourse surrounding Gaza, it risks being incomplete without addressing the situation in the (“Gazafied”) West Bank and the broader vision of the Zionist project, particularly the “Greater Israel” endgame you mention. Additionally, there seems to be limited recognition of Palestinian resistance and the enduring spirit of sumud (or “steadfastness”). How do these dimensions, territorial ambition, structural occupation in the West Bank, and the resilience of Palestinian resistance, further contextualize the discourse of moral numbness and the hegemonic violence you’ve described?

Richard Falk: In line with your initial question, I consider the wider issues associated with Zandman’s statement that pertain to the future of the West Bank and uncertainties about how developments pertaining to the devastation of Gaza since October 7 affect the Zionist endgame that appear to aim at establishing ‘Greater Israel’ (formally incorporating the West Bank, East Jerusalem, and now at least northern Gaza into the state of Israel), moves repudiating the two-state solution and further sustained by compliant regional adjustments in LebanonSyria, and most of all, Iran.

The issues raised in your question about how Palestinian resistance and sumud have been affected inevitably raise concerns about the limits of Palestinian resilience. Given the ongoing and prolonged fury of the Israeli violence, which continues to disregard even the most minimal limits of law and morality, the question is how much longer Palestine can maintain an active resistance mode of steadfastness, proportionate to their commitments not to leave their Palestinian homelands.

The destruction of remaining hospitals and safe zones has left international public opinion dazed and numb, which has been partially expressed by media complacency about reporting the underlying humanitarian emergency and daily atrocities, including the total prohibition of any delivery of food to starving. In food insecure Gaza, many are reduced to eating pet foods and native grass, while being reliant on polluted drinking water. The Trump/Musk continuous assaults on constitutional democracy in America, the incitement of a dangerous trade war, and the saga of a cruel campaign against pro-Palestinian immigrants and visa-holders, dominate Western news cycles ever since Trump reentered the White House for the start of a second term as president. As the peoples of the world have mobilized to condemn, by protesting what is going on in Gaza, the West Bank, and the Middle East, most governments avert their gaze either out of indifference or feelings of futility.

The level of suffering, the hopelessness of living amid rubble and disrupted ecological viability are posing a more serious test of sumud and resistance than even the nakba of 1948 when an estimated 750,000 Palestinian were driven from their homes and homeland, and permanently denied a right of return while witnessing from afar the bulldozing of their villages. Gaza became the home to many of these displaced from villages and towns in southern Israel, constituting a majority refugee population in Gaza numbering an estimated 75% of the whole.

This background helps explain why it is Gaza among the occupied Palestinian territories that has generated over the years the most formidable resistance initiatives, ranging from missile salvos that did little damage in Israel but gave rise to acute anxiety in the southern regions of the country, instigating the first intifada of 1987 mounting a formidable nonviolent collective challenge to the unlawful Israeli refusal to implement the Palestinian right to return to their pre-war homes in what had become Israel, and finally, the mounting in Gaza of the Great March of Return in 2018 that symbolized the refusal of Gazan refugees to submit any longer to Israeli captivity. Yet until after October 7, Israel had not avowed genocidal intentions, implemented in the most totalizing and sadistic manner, while enjoying the sustained backing of the US and its most powerful European partners.

The message that this genocidal assault communicated to the Palestinians is that the world was either helpless or afraid to stop this one-sided massacre generally misdescribed as a ‘war’ between Israel and Hamas. Israel sought to convince enough Palestinians in Gaza, as well as the West Bank, to heed the ultimatum directed at the Palestinian, and implicitly conveyed to the world: ‘leave or we will kill you.’

Zandman’s emotional outburst is a reaction to the Israeli mindset that endorses the flattening of the Palestinian reality, but there is no expression of concern about the cruel choice facing the Palestinian people as a result of this destruction of viable conditions of life in Gaza: sustain resistance amid continuous violence in a destroyed habitat lacking life support of foodwatermedicine or seek the relative normalcy of life, although as an unwanted and feared refugee, likely denied human rights in the host foreign country. Yet despite the hardships, offering Palestinians a greater possibility of rescuing surviving children and families from enduring what must appear to many as a hopeless future, makes further steadfastness to the land seem increasingly suicidal.

Most Palestinians, whether in Gaza or elsewhere are not prepared even now to admit political defeat after a century of struggle that destroyed their dreams and made even hope of better days increasingly seem like a desperate act of will bordering on a collective death wish. Even if forced to leave, the Palestinian will to resist is likely to persist, although in more covert forms, possibly including a revival of armed struggle tactics by scattered militia groups as an alternative to being resigned to realities too overwhelming to confront any longer. The Palestinians face the danger of what might be described as ‘resistance fatigue,’ which if it emerges should be accompanied by an appreciation of a remarkably sustained narrative of Palestinian perseverance and heroic struggle against a ruthless and ideologically empowered adversary with its own narrative of historical and ethnic entitlement.

Daniel Falcone: You’ve suggested that this analysis should be read alongside Mohammed Omer Almogheyer’s recent publication with OR Books, On the Pleasures of Living in Gaza: Remembering a Way of Life Now Destroyed. Could you clarify how this work contributes to or deepens our understanding of the dynamics we’ve discussed, particularly in relation to Palestinian resistance and the lived experience of loss under the pressures of occupation and systemic violence? What does this reflection on everyday life before destruction offer to the broader conversation about moral responsibility and the overall historical narrative?

Richard Falk: As you suggest, Zandman shares his alienating experience as an Israeli, reacting with bitterness and moral outrage at the surrounding consensus in the country for carrying out an extremist’s genocide in Gaza, and welcoming the occasion of retaliation as dispensing with the need of Israel to construct a justifying rationale or make a public display of shame and regret. At the same time, Zandman does not attempt an assessment of the Palestinian posture of resistance in its many forms, or whether their complementary ideas about Israel and Israelis are infused with their own ‘flattening’ scenarios. My experience of knowing many Palestinians, including several Hamas leaders, has exhibited a surprisingly non-vindictive contrast, fervently seeking paths forward for both peoples without showing signs of waiting for an opportunity to give way to ‘a revenge syndrome.’ Of course, history teaches us that to whom evil is done internalize the trauma, but never forget, and are often scarred in ways that do erupt in hostile incidents, even can erupt as well-organized collective forms of violence.

In my experience, the greatest sources of anti-Semitism in our world are hard-core Zionist Jews and Evangelical Christians, both defaming in their attitude toward Jews who challenge the excesses of the Zionist Project, and not Palestinians who despite their prolonged and abusive subjugation retain a surprising degree of empathy for Jews as a people and Judaism as an ancient religion.

On this basis, I urge people to read Mohammed Omer Almoghayer’s newly published On the Pleasures of Living in Gaza; Remembering a Way of Life Now Destroyed. The book gives an unforgettable account of what made even growing up in Occupied Gaza such a fulfilling human experience. Despite poverty, abuses, humiliations, and periodic military incursions, Gaza’s modes of resistance rested on the satisfactions of community, family closeness, friendships, weddings, the delights provided by landscapes and beachfronts, as well as sharing meals, helping those in need, thirsting after normalcy, walking along the coast, falling in love.

Given these everyday pleasures, brought to life in these pages by Almoghayer’s gift of storytelling and his deep reverence for Gaza’s ancient heritage as kept alive in makeshift museums and current recourse to art and culture — it is notable that despite decades of Israeli dominance, Palestinian cultural expression is still seen through books, public intellectuals, and artworks, far more internationally known and admired than that any produced in Israel during the same period. This is partly because Israel was not provoked to reactive creativity by the conditions of its existence to concentrating their creative energies in the arts. Talented Israelis were more intent on pushing the modernist boundaries of technological innovation, especially as it could be applied militarily.

Almoghayer, long known to the outside world as one of Gaza most trustworthy and fearless journalists, is at the same time very sensitive to the hardships imposed on the people of Gaza due to the punitive blockade imposed in 2007 and extending far beyond security concerns to include such civilian items as chocolate, pasta, artistic and fashion materials, and basic building materials. Such hardships included keeping Gazans ‘on a diet’ so that they could go on living, yet only at subsistence levels. As well, Israel restricted harshly Palestinian entry and exit from Gaza contributing to its prison atmosphere. Much Israeli recrimination toward Gazans resulted from the political strength shown by Hamas in the 2006 elections and the success of Hamas in defeating coup efforts by the collaborationist Fatah (aided by Washington) to take control of the Gaza governing process.

I initially encountered Almoghayer during my first year as the UN Human Rights Council’s Special Rapporteur on Israeli Human Rights Violations in Palestinian Territories Occupied Since 1967. It occurred in 2008 after Almoghayer received the coveted Martha Gellhorn Prize for Journalism in an overseas ceremony. On his return home to Gaza, he was brutally beaten by border security personnel not only for winning the award, but more so for bringing to light Israeli human rights abuses in his role as a young journalist in Gaza. I recommended that the UN censure Israel for this high-profile human rights violation, but nothing came of it, and Almoghayer went on with his journalistic career that included academic writing on issues that touched on the Palestinian future in an edited book on the failures of Oslo diplomacy. Almoghayer’s courage as a witness never inhibited him from truthful yet risks reportage.

The book is also a personal memoir. What should raise Western eyebrows is his harrowing negative account of a scary experience with IS (Islamic State) terrorists who seized Almoghayer, threatening his life if he didn’t join their extremist movement and torturing him while holding him in captivity. When finally released, Almoghayer makes clear that it is this kind of tactics and extremism that casts a darker shadow over the Palestinian struggle than does the abusive Israeli occupation and should have no influence whenever Palestinians get the chance to exercise their inalienable right of self-determination.

Almoghayer has not given up hope despite the rubble, the trauma, and the terrifying ordeal. In a stirring epilogue that squarely faces the reality of a Palestinian catastrophe far worse than the terrible 1948 nakbaDespite all, he believes Palestinian sumud will triumph by achieving at some future unspecified time a democratic outcome by establishing a viable sovereign state of their own, premised on mutual and equal respect for the human rights of the contending ethnicities. He does not pronounce upon whether it should be one state for the two peoples or separate states, but its legitimacy will depend on the realization of equality and dignity for all citizens and residents. If you read only one book on Palestine and the worldview of Palestinians read On the Pleasures of Living in Palestine perhaps in conjunction with one Palestinian film, From Ground Zero.

Daniel Falcone is a teacher, journalist, and PhD student in the World History program at St. John’s University in Jamaica, NY as well as a member of the Democratic Socialists of America. He resides in New York City. Richard Falk is Albert G. Milbank Professor Emeritus of International Law at Princeton University, Chair of Global law, Queen Mary University London, and Research Associate, Orfalea Center of Global Studies, UCSB.