Tag Archives: Hamas

Declaration of Conscience and Concern of Global Intellectuals on Gaza Genocide

20 Dec

[Prefatory Note: What follows is a Declaration of Conscience of Global Intellectual on Gaza Genocide prepared by Ahmet Davutoglu and myself, with the assistance of Abudllah Ahsan and Hilal Elver. It sought to enlist an initial list of signatories from around the as representative as possbile, and gender balance. We invite others to join by sending their endorsement to <change.org> listed under the heading of Declaration of Conscience. I will post a link as it is available. We view the virtual annihilation of Gaza as a societal grouping and its people as an imminent possibility. As of 12/20.23 it is reported that 88% of the population has insufficient food, and potable water is 90% less that minimum needs for sustainable health.]

On November 30, the Government of Israel resumed the genocidal onslaught it inicted on Palestinians in Gaza after a much overdue but brief “humanitarian pause.” In doing so, Israel has ignored the worldwide protests of people as well as the fervent pleas of moral, religious, and political authority gures throughout the world to convert the hostage/prisoner exchange pause into a permanent ceasere. The overriding intention was to avert the worsening of the ordeal of the Gazan population. Israel was urged to choose the road to peace not only for humanitarian reasons but also for the sake of achieving real security and respect for both Palestinians and Israelis. Yet now the bodies are again piling up, the Gaza medical system can no longer offer treatment to most of those injured, and threats of widespread starvation and disease intensify daily.

Under these circumstances, this Declaration calls not only for the denunciation of Israel’s genocidal assault but also for taking effective action to permanently prevent its repetition. We come together due to the urgency of the moment, which obliges global intellectuals to stand against the ongoing horric ordeal of the Palestinian people and, most of all, to implore action by those who have the power, and hence the responsibility, to do so. Israel’s continuing rejection of a permanent ceasere intensies our concerns. Many weeks of cruel devastation caused by Israel’s grossly disproportionate response to the October 7 attack, continues to exhibit Israel’s vengeful fury. That fury can in no way be excused by the horrendous violence of Hamas against civilians in Israel or inapplicable claims of self-defense against an occupied population.

Indeed, even the combat pause seems to have been agreed upon by the Israeli government mainly to ease pressures from Israeli citizens demanding greater efforts to secure the release of the hostages. The United States government evidently reinforced this pressure as a belated, display to the world that it was not utterly insensitive to humanitarian concerns. Even this gesture was undercut before the pause started by the deant public insistence of Prime Minister Netanyahu to resume the war immediately after the pause. It is more appropriate to interpret these seven days without combat as a pause in Israel’s genocidal operations in Gaza rather than as a humanitarian pause. If truly humanitarian, it would not have crushed hopes of ending the genocide and conjointly resuming efforts to negotiate the conditions for an enduring and just peace between Israelis and Palestinians.

The revival of this military campaign waged by Israel against the civilian population of Gaza amounts to a repudiation of UN authority, of law and morality in general, and of simple human decency. The collaborative approval of Israel’s action by the leading liberal democracies in the Global

West, particularly the United States and the United Kingdom, accentuates our anguish and disgust. These governments pride themselves on adherence to the rule of law and yet have so far limited their peacemaking role to PR pressures on Israel to conduct its exorbitant actions in a more discreet manner. Such moves do little more than soften the sharpest edges of Israel’s genocidal behavior in Gaza. At the same time continuing to endorse Israel’s false rationale of self-defense, which is inapplicable in a Belligerent Occupation framework established by the UN in the aftermath of the 1967 War, shielded this brazenly criminal conduct from legal condemnation and political censure at the UN and elsewhere.

We deplore the reality that these governments continue to lend overall support to Israel’s announced intention to pursue its combat goals, which entail the commission of severe war crimes that Tel Aviv does not even bother to deny. These crimes include the resumption of intensive bombing and shelling of civilian targets, as well as reliance on the cruel tactics of forced evacuation, the destruction of hospitals, bombings of refugee camps and UN buildings that are sheltering many thousands of civilians and the destruction of entire residential neighborhoods. In addition, Israel has been greenlighting settler-led violence and escalating ethnic cleansing efforts in the West Bank. Given these developments we urge national governments to embargo and halt all shipments of weapons to Israel, especially the United States and the United Kingdom, which should also withdraw their provocative naval presences from the Eastern Mediterranean; we urge the UN Security Council and General Assembly to so decree without delay.

We also support the Palestinian unconditional right as the indigenous people of the land to give or withhold approval to any proposed solution bearing upon their underlying liberation struggle.

The deteriorating situation poses an extreme humanitarian emergency challenging the UN system to respond with unprecedented urgency. We commend UNICEF for extending desperately needed help to wounded children as well as to children whose parents were killed or seriously injured every continuing effort. We also commend WHO for doing all in its power to help injured Palestinians, especially pregnant women and children, and to insist as effectively as possible on the immediate reconstruction and reopening of hospitals destroyed and damaged by Israeli attacks. We especially commend UNRWA for continuing the sheltering of many thousands of Palestinians in Gaza displaced by the war and for providing other relief in the face of heavy staff casualties from Israeli repeated bombardment of UN buildings. Beyond this, UNESCO should be implored to recognize threats to religious and cultural sites and give its highest priority to their protection against all manner of violation, especially the Masjid al-Aqsa; the Israeli government should be warned about its unconditional legal accountability for protecting these sites.

We also propose that the UN Human Rights Council should act now to establish a high-profile expert commission of inquiry mandated to ascertain the facts and law arising from the Hamas attack and Israel’s military operations in Gaza since October 7, 2023. The commission should offer recommendations in its report pertaining to the responsibility and accountability of principal perpetrators for violations of human rights and humanitarian norms that constitute war crimes and genocide.

We also view the desperation of the situation to engage the responsibility of governments, international institutions, and civil society to act as well as to speak, and use their diplomatic and economic capabilities to the utmost with the objective of bringing the violence in Gaza to an end now!

As signatories of this Declaration, we unequivocally call for an immediate ceasefire and the initiation of diplomatic negotiations under respected and impartial auspices, aimed at terminating Israel’s long and criminally abusive occupation of Gaza, the West Bank, and East Jerusalem. This process must be fully respectful of the inalienable right to self-determination of the Palestinian people and take proper account of relevant UN resolutions.

SIGN THE PETITION

Declaration of Conscience and Concern of Global Intellectuals on Gaza Genocide

Signatories

  1. Ahmet Davutoğlu, Former Foreign Minister and Prime Minister, Türkiye;
  2. Richard Falk, UN Special Rapporteur on the Situation of Human Rights in the Palestinian Territories Occupied since 1967 (2008-2014), Professor of International Law Emeritus, Princeton University;
  3. Dr. Moncef Marzouki, Former President of Tunisia;
  4. Mahathir Mohamed, Former Prime Minister of Malaysia;
  5. Georges Abi-Saab, Professor Emeritus, Graduate Institute Geneva and Cairo University, Former UN Advisor to the Secretary Generals of the UN; Former Judge of the International Court of Justice, Egypt;
  6. Mairead Maguire, Nobel Peace Laureate (1976), Member of Russell Tribunal, Northern Ireland;
  7. Amr Moussa, Former Secretary General of the Arab Leauge, Former Foreign Minister, Member of the UN’s High Level Panel on Threats, Challenges and Change for International Peace and Security, Egypt;
  8. M. Javad Zarif, Professor, University of Tehran, Former Foreign Minister, Iran;
  9. Hamid Albar, Former Foreign Minister, First Chancellor of the Asia e University, Malaysia;
  10. Brigette Mabandla, Former Minister of Justice and anti-Apartheid Activist, South Africa;
  11. Judith Butler, Professor, University of California at Berkeley; Feminist Studies, USA;
  12. KamalHossein,FormerForeignMinister,Bangladesh;
  13. PauloSergia,ProfessorofPoliticalScience(USP)andFormerMinisterofHuman Rights, Brazil;
  14. ChrisHedges,Pulitzer-prizeWinningReporterandFormerMiddleEastBureau Chief for The New York Times, USA;
  15. TuWeiming,MemberofUNGroupofEminentPersonsfortheDialogueAmong Civilizations, Professor Emeritus, Harvard University, USA; Founding Director of the Institute for Advanced Humanistic Studies, Peking University, China;
  1. JohnEsposito,ProfessorofInternationalRelationsandtheFoundingDirectorofthe Center for Muslim-Christian Understanding, Georgetown University; Member of High Level Group of the UN Alliance of Civilizations, USA;
  2. Arundhati Roy, Author of God of Small Things, Human Rights Activist, India;
  3. SusanAbulhawa,PalestinianNovelist,AuthorofMorningsinJenin,USA;
  4. HansvonSponeck,FormerUNAssistantSecretary-General,FacultyMemberat Conict Research Center, University of Marburg, Germany;
  5. Angela Davis, Berkeley, USA;
  6. HilalElver,ProfessorofInternationalLaw,UNSpecialRapporteuronRighttoFood (2014-2020), Türkiye;
  7. Abdullah Ahsan, Professor of History International Islamic University Malaysia and Istanbul Şehir University, USA;
  8. Phyllis Bennis, Journalist, Author and Social Activist, Institute of Policy Studies, USA;
  9. Noura Erakat, Activist and Professor, Rutgers University, New Brunswick, Co-founder of Jadalliyah, USA;
  10. Jomo Kwame Sundaram, Former UN Assistant Secretary-General for Economic Development; Deputy Director UN FAO, Malaysia;
  11. Victoria Brittain, Former Foreign Editor of the Guardian, worked closely with anti-Apartheid Movement, Founder of the annual Palestine Festival of Literature, UK;
  12. Gayatri Chakravorty Spivak FBA, Professor, Columbia University, received Kyoto Prize in Arts and Philosophy 2012, India;
  13. Ali Bardakoğlu, Professor of Theology, Former President of Directorate of Religious Affairs, Türkiye;
  14. Mustafa Ceric, Grand Mufti Emeritus of Bosnia, President of the World Bosniak Congress, co-recipient UNESCO Felix Houphouet-Bougny Peace Prize, Bosnia and Herzegovina;
  15. Maung Zarni, Human Rights Activist, Member of the Board of Advisors of Genocide Watch, Co-founder of Free Burma Coalition, Free Rohingya Coalition and Forces of Renewal Southeast Asia, Myanmar;
  16. JosephCamilleri,EmeritusProfessor,LaTrobeUniversity,Co-ConvenerofSHAPE Melbourne, Australia;
  17. Mahmood Mamdani, Herbert Lehman Professor of Government Columbia University, Chancellor of Kampala University, Uganda;
  18. Dayan Jayatilleka, Former Ambassador to UN (Geneva), France; Journalist, Sri Lanka;
  1. Elisabeth Weber, Professor of German Literature and Philosopy, University of Califor-nia at Santa Barbara, Germany/USA;
  2. Marjorie Cohn, Dean of the Peoples Academy of International Law, Professor Emerita, Thomas Jefferson School of Law, USA;
  3. Jan Oberg, Chairman of the Transnational Foundation for Peace and Future Research, Sweden;
  4. Ramzy Baroud, Author, Academic, Editor of The Palestine Chronicle, Palestine/ USA;

33. Saree Makdisi, Professor of Comparative Literature at the University of California, Author of Palestine Inside Out: An Everyday Occupation, USA;

  1. Roger Leger, Retired Professor of Philosophy at the Military College of Saint-Jean, Québec, Canada;
  2. Usman Bugaje, Professor, Former Adviser to the Vice President of Nigeria, Nigeria;
  3. ChandraMuzaffar,President,InternationalMovementforaJustWorld(JUST), Malaysia;
  4. Avery F. Gordon, Professor Emerita University of California Santa Barbara, USA;
  5. Arlene Elizabeth Clemesha, Professor of Contemporary Arab History at the University of São Paulo (USP), Brazil;
  6. Ömer Dinçer, Professor, Former Minister of Education, Former President of Şehir University, Türkiye;
  7. Fethi Jarray, Former Education Minister, current Chairperson of the National Mechanism on Torture Prevention, Tunisia;
  8. Alfred de Zayas, Former UN Independent Expert on the Promotion of a Democratic and Equitable International Order, USA;
  9. Walid Joumblatt, Member of Lebanese Parliament, Leader of the Progressive Socialist Party, Lebanon;
  10. Elmira Akhmetova, Professor at the Institute of Knowledge Integration in Georgia, Russia;
  11. Sami Al-Arian, Professor, Director of Center for Islam and Global Affairs (CIGA) at Istanbul Zaim University, Türkiye;
  12. George Sabra, Signatory of the Damascus Declaration (2005), Former President of the Syrian National Council, Syria;
  13. RayMcGovern,Activist,VeteransforPeace,Supporteroftheanti-wargroupNotin Our Name, USA;
  14. Juan Cole, Professor of History, The University of Michigan, Former Editor of The Internatioanl Journal of Middle East Studies, USA;
  1. Penny Green, Professor of Law and Globalization, Director, International State Crime Initiative Queen Mary University of London, UK;
  2. Bishnupriya Ghosh, Professor of English and Global Studies, UC Santa Barbara, USA/India;
  3. Nader Hashemi, Professor, Director of the Alwaleed Center for Muslim-Christian Understanding, Georgetown University, USA;
  4. Ahmed Abbes, Mathematician, Director of Research at the Institut des Hautes Etudes Scientiques Paris, France, Tunisia;
  5. Bhaskar Sarkar, Professor of Film and Media, UC Santa Barbara, USA/India;
  6. AkeelBilgrami,ProfessorofPhilosophyatColumbiaUniversity,USA,India;
  7. Assaf Kfoury, Mathematician and Professor of Theoretical Computer Science, Boston University, USA;
  8. Helena Cobban, Journalist, Author, President of Just World Educational, USA;
  9. BilijanaVankovska,ProfessorandHeadoftheGlobalChnagesCenter,Cyriland Mehtodius University, Skopje, Macedonia;
  10. David Swanson, Author, Executive Director of World BEYOND War, USA;
  11. Radmila Nakarada, Professor, Faculty of Political Science, University of Belgrade; Spokesperson of the Yugoslav Truth and Reconciliation Committee, Serbia;
  12. Fredrick S. Heffermehl, Lawyer and Author, Norway;
  13. Anis Ahmad, Emeritus Professor and President Riphah International University Islamabad, Pakistan;
  14. Lisa Hajjar, Professor, University of California, Santa Barbara, USA;
  15. Dr. Sayyid M. Syeed, President Emeritus , Islamic Society of North America, USA;
  16. Muhammed al-Ghazzali, Professor, Judge Supreme Court of Pakistan, Pakistan;
  17. Syed Azman Syed Ahmad, Former Member of Malaysia Parliament, Chairman of Asia Forum for Peace and Development (AFPAD), Malaysia;
  18. Osman Bakar, Al-Ghazali Chair of Epistemology and Civilisational Renewal, International Institute of Islamic Thought and Civilization, Malaysia;
  19. IbrahimMZein,ProfessorofIslamicStudies,QatarFoundation,Qatar;
  20. Engin Deniz Akarlı, Professor of History Emeritus, Brown University, Türkiye;
  21. Francesco Della Puppa, Ca’ Foscari University of Venice; Italy;
  22. Julio da Silveira Moreira, Professor, Federal University of Latin-American Integration, Brazil;
  1. Nabeel Rajab, Founder and former president of the Gulf Center for Human Rights; Former Deputy Secretary-General of the International Federation for Human Rights, Recipient of the Ion Ratiu Award for Democracy and Human Rights, Bahrain;
  2. Feroz Ahmad, Emeritus Professor of History and Internatiıonal Relations, Harvard University, USA, India;
  3. Serap Yazıcı, Professor of Constitutional Law, MP, Turkish Parliament, Türkiye;
  4. Natalie Brinham, Genocide and Statelessness Scholar, UK;
  5. Ayçin Kantoğlu, Author, Türkiye;
  6. Dania Koleilat Khatib, ME Scholar and President of RCCP TrackII Organisation, UAE;
  7. Imtiyaz Yusuf, Assoc. Prof. Dr., Non-Resident Research Fellow Center for Contemporary Islamic World (CICW), Shenandoah University, USA/Vietnam;
  8. Kamar Oniah Kamuruzaman, Former Professor of Comparative Religion, International Islamic University, Malaysia;
  9. Ümit Yardım, Former Ambassador of Türkiye to Tehran, Moscow and Vienna, Türkiye;
  10. Ahmet Ali Basic, Professor, University of Sarajevo, Bosnia and Herzegovina;
  11. Kani Torun, Former Ambassador of Türkiye to Somalia, Former Head of Doctors Worlwide, Member of Parlament, Türkiye;
  12. Ermin Sinanovic, Center for Islam in the Contemporary World at Shenandoah University, USA/ Bosnia and Herzegovina;
  13. Nihal Bengisu Karaca, Journalist, Türkiye
  14. Alkasum Abba, Emeritus Professor of History, Abuja, Nigeria;
  15. Hassan Ahmed Ibrahim, Professor of History and Civilization, Former Dean, Faculty of Arts, University of Khartoum, Sudan;
  16. Anwar Alrasheed, Khiam Rehabilitation Center, The victims of Torture (KRC), Representative of the International Council for Fair Trials and Human Rights in the State of Kuwait and the Gulf Cooperation Council Countries, Kuwait;
  17. MohdHishamMohdKamal,Assoc.Prof.Dr.,AhmadIbrahimKulliyyahofLaws, Malaysia/ Indonesia;
  18. Syed Arabi Bin Syed Abdullah, Former Rector, International Islamic University, Malaysia;
  19. Yusuf Ziya Özcan, Former President of Council of Higher Education, Türkiye;
  20. Mohamed Jawhar Hassan, Former Chairman and Chief Executive, Institute of Strategic and International Studies (ISIS) Malaysia;

95. Shad Faruqi, Professor of Law, University of Malaya, Malaysia;

  1. Mohammad Ahmadullah Siddiqi, Professor Emeritus of Journalism and Public Relations, Western Illinois University, Macomb IL USA/India;
  2. Mohamed Tarawna, Judge at the Cassation Tribunal, Jordan;
  3. Etyen Mahcupyan, Author, Former Chief Advisor to Prime Minister of Türkiye;
  4. Khawla Mattar, the Director of the United Nations Information center in Cairo, Former UN Deputy Special Envoy for Syria, Bahrain;
  5. Aslam Abdullah, Senior Journalist, USA/India;
  6. Stuart Rees, Professor Emeritus, University of Sydney, Australia;
  7. Hatem Ete, Academic, Ankara Yıldırım Beyazıt University, Department of Sociology, Türkiye;
  8. Karim Makdisi, Professor of Political Science, American University of Beirut, Lebanon;
  9. Camilo Pérez-Bustillo, National Taiwan University, Taiwan;
  10. Bridget Anderson, Professor of Migration, Mobilities and Citizenship, University of Bristol, UK;
  11. William Spence, Professor of Theoretical Physics, Queen Mary University of London, UK;
  12. Mohammad Hashim Kamali, Professor of Law, Founding CEO of the International Institute of Advanced Islamic Studies, Malaysia/Afghanistan;
  13. Ferid Muhic, Prof of Philosophy, Krill Metodius University, Macedonia;
  14. Frej Fenniche, Former Senior Human Rights Ofcer/UN, OHCHR, Switzerland;
  15. Sevinç Alkan Özcan, Associate Professor, International Relations Department, Ankara Yıldırım Beyazıt University;
  16. Sigit Riyanto, Professor, Faculty of Law Universitas, Indonesia;
  17. Khaled Khoja, Former President of Syrian National Coalition;
  18. Tarık Çelenk, Former Chairman of Ekopolitik, Türkiye;
  19. M. Bassam Aisha, Human Rights Expert, Libya;
  20. Naceur El-Ke, Academician and Human Rights Activist, Tunisia;
  21. Jean-Daniel Biéler, Former Ambassador, Special Advisor, Human Security Division, Federal Department of Foreign Affairs, Switzerland;

117. Fajri Matahati Muhammadin, Faculty of Law, Universitas Gadjah Mada, Indonesia;

  1. Ahmet Okumuş, Chairman of The Foundation for Sciences and Arts (BİSAV), Türkiye;
  2. Khan Yasir, Dr., Director In-Charge, Indian Institute of Islamic Studies and Research, India;
  3. Mahmudul Hasan, Md., Professor, International Islamic University Malaysia/ Bangladesh;
  4. Tara Reynor O’Grady, General Secretary for Human Rights Sentinel, USA;
  5. NurullahArdıç,ProfessorofSociology,IstanbulTechnicalUniversity,Türkiye;
  6. PharKimBeng,FounderandCEOofStrategicPan-PacicArena,Malaysia;
  7. Dinar Dewi Kania, M.M, .M.Sos, Trisakti Institute of Transportation and Logistics. Jakarta, Indonesia
  8. MulyadhiKartanegara,ProfessorofIslamicphilosophyat,UniversitasIslamNegeri Syarif Hidayatullah Jakarta, Indonesia;
  9. Habib Chirzin, Academic and Human Rights activist, IIIT, Indonesia

Slaughter in Gaza: The Failures of International law and Responsible Statecraft

5 Nov

[Prefatory Note: A slightly updated and modified interview on Gaza with Zeynep Busra Conkar, an Associate Producer of TRT World, published October 30, 2023, an important Turkish media platform. A link to a short audio excerpt: https://twitter.com/trtworld/status/1719078356577075573]

TRT: Israel’s bloodlust shows international law is ‘a manipulated series of norms.’ Renowned International Law Professor Richard Falk says Western leadership becomes “self-righteous” to enforce international law “when it’s in their interest” while in other cases, they remain silent. TRT Introduction to Q & A follows.

”Many objective observers have noted that how Israel is using force against Gaza constitutes an ongoing case of genocide, which is itself considered the most serious of international crimes and deserves to be stopped by a consensus of inter-governmental action at the UN to stop this kind of extreme violent abuse of state power,” Falk said.

As the ongoing Israel-Palestine conflict enters its 24th day, claiming the lives of over 9,800 people – 8306 Palestinians and 1538 Israelis – Tel Aviv refuses to de-escalate or even allow ‘a humanitarian pause’ in its military operations and instead resorts to massive disproportionate and indiscriminate violence on the besieged and defenseless people of densely populated Gaza, striking at targets such as hospitals, medical convoys, refugee camps, religious buildings, UN facilities, schools, and in the process ordering a cruel and impractical forced evacuation of 1.1 Palestinians in the northern part of Gaza, treating those unable or unwilling to leave as aligned with the ‘terrorists,’ that is, Hamas.

The scale of devastation caused by Israeli bombings in Gaza is horrifying. A small enclave of an estimated 2.3 million Palestinians navigating perilous waters over the past 16 years to survive in the face of a comprehensive and punitive economic and social blockade since 2007 proclaimed by Israeli officials as designed to keep Palestinians on ‘a subsistence diet,’ that is ‘a bare life.’ Gaza has in the last weeks once again been subjected to collective punishment on a gigantic scale– further aggravated by Israel’s scandalous targeting of prohibited sites and by through the alleged use of incendiary phosphorus bombs in densely populated civilian areas. Such practices consist of numerous war crimes.

In moments like this, when a staggering death toll of civilians, half of whom are children, isn’t significant enough even to lead the international community to use the same condemnatory language and criticism it has employed against Russia in the course of the Ukraine conflict in far less anguishing circumstances. Western leadership fails once again to convince the world that conformity to its recently much-touted “rules-based order” bears any relationship to either the UN Charter or international law. It exhibits a calculus of friends and enemies, with the former allowed to coerce as they wish, even in monstrous ways.

TRT WORLD: Will Tel Aviv ever be held accountable for the crimes it has committed in Gaza? Considering over 56 years of occupation, an apartheid regime, and countless human rights violations in Palestine, in what ways have the global powers, especially the US, colluded with the Israeli state and enabled near-genocidal violence against Palestinians?

RICHARD FALK: No effective legal remedies have been available to the Palestinians. The UN should take far more responsibility for implementing its own resolution passed in 1947, the so-called partition plan, while disregarding Palestinian their inalienable right of self-determination,  at least promised the Palestinian people a state of their own in historic Palestine. The UN also failed to implement Security Council Res. 242 adopted unanimously after the 1967 War, which called for the withdrawal of the Israeli military presence established by military conquest. Since then, the UN has been blocked in the Security Council by US and sometimes European vetoes; the rest of the UN can authoritatively report on and identify legal and moral wrongdoing doing harm to the Palestinian people, but it lacks the capability to implement its findings without a Security Council decision. The General Assembly is limited to making recommendations based on 2/3s majority,support; even the International Court of Justice’s binding decision requiring Security Council action to compel enforcement. So, the remedies provided by the international legal community in this situation are ineffective if a major geopolitical actor, in this case, the United States, is determined not to shield Israel from accountability to international law. The Palestinians have had law on their side ever since 1948, and yet their subjugation to Israel’s patterns of lawlessness that have gone unchallenged for these many decades.

The UN has policy mechanisms available if a supportive political will exists to use them effectively. In the aftermath of the 1999 Kosovo War it agreed in the Security Council on UN responsibility in situations of precisely the kind present in Gaza, framed as a new norm known as Responsibility to Protect of R2P. It was partly discredited in its first major test in Libya when the NATO countries converted a limited R2P humanitarian mandate in 2011 into a regime-changing intervention that resulted in the execution of the longtime leader and left the country in a worse condition than the one it had undertaken to overcome. Without the political will asserted in manner consistent with the UN Charter ‘effective’ UN action can worsen the situation of a vulnerable and endangered civilian population.

In its decades long occupation, Israel has never hesitated to use excessive force, and the global powers have neither pressured Tel Aviv to withdraw from the occupied Palestinian territories due to its dismal record as the Occupying Power with a duty to protect civilians under its administrative control nor has Israel been warned to stop using violence in ways that violate international humanitarian law.

TRT: Shouldn’t the international community’s ‘Responsibility to Protect’ also apply to Palestine?

RAF: Well, of course. As previously suggested, I believe the international community should have taken R2P action to protect the Palestinians living under Israeli occupation long ago or at the very least debated its relevance. The genocidal onslaught since Oct 7 is so far past the point where it is rationally possible to treat the abuse of Palestinian rights as a matter of internal Israeli security and as somehow a reasonable response to the Hamas attack. The international community has failed miserably so far to offer vital protect an acutely vulnerable, abused, and endangered people. If geopolitics could be put aside, the extreme suffering of Gazans offer the UN an ideal situation where a robust international peace force established in accord with R2P could intervene in ways that might stop the Israeli onslaught, and even made capable of maintaining peace and protecting the Palestinians over time. R2P empowers the UNSC to protect a vulnerable population, and of all the vulnerable peoples in the world, the Palestinians are the ones now most in need of international forcible protection. It is an emergency that has already inflicted a humanitarian catastrophe on the entire population of Gaza, but the continuation of this devastating onslaught will compound the criminality of the attack and the suffering of the people.

But without the political will of all five permanent members of the Security Council, the UN cannot do anything, even rhetorically, that will effectively curtail Israeli violence.  Operationalizing R2P is impossible given the arrogant insistence of the Israeli government that we are now witnessing, whose context is much broader than any claimed right of retaliation against the Hamas attack.

TRT: What about the international media? To what extent is it responsible for dehumanizing Palestinians and justifying Israeli human rights abuses, which many argue amount to war crimes?

RAF: Well, the international media is polarized on this cluster of issues; the Western media and especially in the US and UK, have been one-sided in their approach to the ongoing violence, basically vindicating Israel’s position that it is entitled to use whatever means at its disposal to destroy Hamas and hunt down and kill its leaders who perpetrated the Oct 7 attack. But the daily images on TV of Israeli violence against women, children, and injured people. and the extreme Palestinian suffering that has resulted has somewhat lifted the veil of state propaganda, what Noam Chomsky hears ago in the Cold War context delimited as ‘indoctrination in a liberal society.’

In my view, this grant of discretion to Israel is incompatible with the international humanitarian law arrangement by which Gaza was designated as an occupied territory, and Israel as the Occupying Power. The innocent civilian population of Gaza is estimated to be 2.3 million people, 76 percent of whom are refugees or descendants of refugees basically forced by Zionist forces to leave their homes in the villages of southern Gaza in 1948 and denied their international legal right of return, which they and their descendants have tried to challenge over the years by peaceful means without any success, and often with Israeli violent suppressive action. It’s one of the areas where international law is not implemented because of the regressive myth that legal rights created by geopolitical actors who prove unwilling to implement such rights as the Palestinian people enjoy. People thus victimized by Israel, which enjoys the extra-legal form of impunity, have law on their side but lack any remedy that might provide the protection that should be given.

TRT: If the UN can support Ukraine’s fight against Russia and the Western powers can wholeheartedly support the Ukrainian cause, why not the same response on Palestine? Are we facing a crisis of morality or the legality of human rights is being applied on a case-by-case basis, depending on the skin colour and religion of the oppressed?

RAF: Well, there’s no question about the existence of big differences in the treatment by the Global West of the Russian attack on Ukraine and the Israeli attack on the people of Gaza. These NATO exhibits double standards and moral and legal hypocrisy; in other words, Russia is held accountable, and Israel is given impunity. This suggests that international law isn’t a framework for regulating states on some basis of equality as integral to the rule of law, but it is a manipulated series of norms that serve the purposes and often the contradictory and clashing strategic interests of geopolitical actors. When it is in their interest to enforce international law, these states become very self-righteous about their behavior in condemning the violators. But if it’s in their interest to support the violations of international law, then they will either be silent or, in this case, lend unconditional and mostly, but not totally, indirect support to the government and country that is violating international law in a most extreme fashion. Such a dualistic approach to international law functions both a weapon of aggressive lawfare to be useful against adversaries and a policy instrument of legalistic evasion to be deployed on behalf of strategic partners and ‘friends’ further undermining any claim of international law to be authoritative, and deserving of respect, especially in the domain of peace and security. Enemies are sought to be punished when international law is violated, while strategic allies are inoculated with an impunity serum.

TRT: The UN was originally established to promote peace and security, protect human rights, and uphold international law. Have the founding states of the UN undermined the institution because of power politics, or was the UN always meant to be an institution that serves the best interests of a select few members of the Security Council?

RAF: That is a very important and often overlooked question. The UN was designed to be weak in this regard; otherwise, the veto power given to the five most powerful countries in the world makes no sense who happened to be the winners in World War II and later were the first five country to develop nuclear weapons. The effectiveness and the importance of the veto is to confer on these most dangerous and powerful states an unrestricted option to ignore the UN Charter and ignore other international legal obligations whenever the proposed Security Council action clashes with its strategic interests. There was no willingness on the part of leading governments to create a strong, independent, and suitably empowered war prevention global institution when the UN was established, despite the aspirational language of the UN Charter and especially its preamble as expressive of public expectations that governments will try their best to establish an organization that is entrusted with enough capabilities to secure peace for the peoples of the world.

TRT: Israel has always misused the term self-defense to validate its bloodletting approach to security, but does bombing towns and neighborhood’s into smithereens qualify as self-defense in the face of a few hundred gun-toting militants?

RAF: The scope of self-defense is very contested in international law, so you can find legal authorities to support different interpretations of what is allowed. But it’s not allowed to use high levels of force to target a hostile civilian population. Israel has been guilty over the years, but spectacularly in Gaza in the last weeks, of using military force in a variety of ways that under any conditions, whether or not justified and rationalized, would not be permissible as exercises of self-defense, and thus would constitute war crimes. Beyond this it is questionable whether Israel can even validly rely on self-defense in Gaza, which is an Occupied Territory subject to the constraints of Geneva IV.

Israel as the Occupying Power; cannot rightfully claim to be defending itself against itself. It’s a real puzzle how the international discourse has accepted this misapplication of the idea of self-defense, which makes no sense in the setting of belligerent occupation of an adversary society in whole or part.

TRT: Should Israel be put on trial for war crimes in the International Criminal Court? If yes, what steps need to be taken? If not, why not?

RAF: The answer is the absence of political will to prosecute Israel and the relative passivity and political weakness of the International Criminal Court when it comes to holding major Western states legally accountable. This makes effective use of the ICC a remote possibility in relation to Israel, although it would have made sense if international law was capable of regulating lawless state behavior without deferring to the preferences of geopolitical actors. It is true that neither Israel nor the United States are parties to the Rome Statute and are, therefore, not active in the affairs of the International Criminal Court. But the court’s authority is such that if Palestine, which is a party to the statute, has credibly alleged that it is the victim of crimes committed on its territory, then the ICC is empowered to investigate, indict and prosecute.

And I fervently hope that some effort will be made in the aftermath of the present outbreak of unrestrained violence to strengthen the ICC in relation to geopolitics. It would be naive to become optimistic about achieving any sort of accountability by Israel’s leaders even in the face of what continues to unfold as a textbook case of genocide. That doesn’t mean that it wouldn’t be desirable to submit to the ICC evidence and allegations of Israeli criminality, which by their nature would be convincing to many organs of public opinion and civil society activists. Mere submission plays this important role in what I identify as the domain of symbolic politics, where establishing or challenging the legitimacy of certain claims produces significant political effects.

TRT: Would you like to add anything else on this topic?

This is a crisis moment for the world, for the peoples of the world, and for the UN as well as for the governments that have the responsibility and capability to oppose international crimes at this level of severity. Many objective observers have contended that Israel is using force against Gaza in ways that constitute an ongoing genocide, which is itself considered the most serious of international crimes and should produce a consensus among government and a call for action by the UN to stop this kind of extreme abuse of state power that is generating one of the most flagrant instances of genocide since 1945.. We should become aware that genocide prevention is a legal and moral obligation of all government and a collective responsibility. Until such time as international institutions can provide effective international law the peoples of the world have a valuable opportunity to contribute to a law-governed world by way of constituting a Peoples Tribunal on Genocide Prevention in Gaza or on Israel’s War Against the People of Gaza. It should be recalled that the treaty addressing genocide widely ratified, including by the antagonists in the Gaza violence and its diplomatic encounters, is titled Convention on the Prevention and Punishment of the Crime of Genocide (1951).



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Can Crimes of Resistance ever justify Genocide? The Tragic Reality of Gaza

3 Nov

[Prefatory Note: This post was published in Middle East Eye on Nov 3, 2023 with the title “Israel-Palestine war: Israel’s endgame is much more sinister than restoring ‘security.'”]

\\Can Crimes of Resistance ever justify Genocide? The Tragic Reality of Gaza

UN Secretary General Antonio Guterres was recently pilloried by Israel because he stated a truism, observing that the 7 October Hamas attack “did not happen in a vacuum”.

Guterres was calling the world’s attention to Israel’s long record of severe criminal provocations in occupied Palestine, which have been occurring ever since it became the occupying power after the 1967 war. 

The occupier, a role expected to be temporary, is entrusted in such circumstances with upholding international humanitarian law by ensuring the security and safety of the occupied civilian population, as spelled out in the Fourth Geneva Convention.

Israel reacted so angrily to Guterres’s entirely appropriate and accurate remarks because they could be interpreted as implying that Israel “had it coming” in view of its severe and varied abuses against people in the occupied Palestinian territories, most flagrantly in Gaza, but also in the West Bank and Jerusalem. 

After all, if Israel could present itself to the world as an innocent victim of the 7 October attack – an incident that was itself replete with war crimes – it could reasonably hope to gain carte blanche from its patrons in the West to retaliate as it pleased, without being bothered by the restraints of international law, UN authority, or common morality. 

Indeed, Israel responded to the 7 October attack with its typical skill in manipulating the global discourse that shapes public opinion and guides the foreign policies of many important countries. Such tactics seem almost superfluous here, as the US and EU swiftly issued blanket approval for whatever Israel did in response, however vengeful, cruel or unrelated to restoring Israeli border security. 

Guterres’s UN speech had such a dramatic impact because it punctured Israel’s balloon of artfully constructed innocence, in which the terror attack came out of the blue. This exclusion of context diverted attention from the devastation of Gaza and the genocidal assault on its overwhelmingly innocent, and long-victimised, population of 2.3 million.

Extraordinary lapses

What I find strange and disturbing is that, despite the consensus that the Palestinian fighters’ attack became feasible only because of extraordinary lapses in Israel’s supposedly second-to-none intelligence capabilities and tight border security, this factor has rarely been discussed since that day.

Instead of the morning after being filled with vengeful fury, why wasn’t the focus within Israel and elsewhere on taking emergency action to restore Israeli security by correcting these costly lapses, which would seem to be the most effective way to assure that nothing comparable to 7 October could happen again?


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I can understand Israeli Prime Minister Benjamin Netanyahu’s reluctance to stress this explanation or advocate this form of response, as it would be tantamount to a confession of his personal co-responsibility for the tragedy traumatically experienced by Israel at its supposedly impenetrable border. 

But what of others in Israel, and among its supporting governments? Undoubtedly, Israel is in all likelihood devoting all means at its disposal, with a sense of urgency, to close these incredible gaps in its intelligence system, and to beef up its military capabilities along Gaza’s comparatively short borders. 

It is not necessary to be a security wonk to conclude that dealing reliably with these security issues would do more to prevent and deter future Palestinian fighters attacks, than this ongoing saga of inflicting devastating punishment on the Palestinian population of Gaza, very few of whom are involved with the military wing of Hamas. 

Genocidal fury

Netanyahu has lent further plausibility to such speculation by presenting a map of the Middle East without Palestine included, effectively erasing Palestinians from their own homeland, during a September UN speech, where he spoke of a new peace in the Middle East amid the prospect of Israel-Saudi Arabia normalisation. His presentation amounted to an implicit denial of the UN consensus on the two-state formula as a roadmap for peace. 

Meanwhile, the genocidal fury of Israel’s response to the Hamas attack is enraging people across the Arab world, and indeed the world over, even in western countries. But after more than three weeks of merciless bombardment, total siege and mass forced displacement, Israel’s discretion to unleash this torrent of violence on Gaza has yet to be challenged by its western supporters. 

The US in particular is backing Israel at the UN, using its veto as needed in the Security Council, and voting with almost no solidarity from major countries against a ceasefire at the General Assembly. Even France voted for the General Assembly resolution, and the UK had the minimal decency to abstain, both likely reacting pragmatically to the populist pressures mounted by large and angry street demonstrations at home. 

It has also been forgotten in reacting to Israel’s tactics in Gaza that from day one, the extremist government has initiated a shocking series of violent provocations across the occupied West Bank. Many have interpreted this undisguised unleashing of settler violence as part of the endgame of the Zionist project, aimed at achieving victory over the remnants of Palestinian resistance. 

There is little reason to doubt that Israel deliberately overreacted to 7 October by immediately engaging in a genocidal response, particularly if its purpose was to divert attention from the escalation of West Bank settler violence, exacerbated by the government’s distribution of guns to “civilian security teams”. 

The Israeli government’s ultimate plan seems to be to end once and for all UN partition fantasies, lending authority to the Zionist maximalist goal of annexation or total subjugation of West Bank Palestinians. In effect, as morbid as it seems, the Israeli leadership seized the occasion of 7 October to “finish the job” by committing genocide in Gaza, under the guise that Hamas was such a danger as to justify not only its destruction, but this indiscriminate onslaught against the whole population. 

My analysis leads me to conclude that this ongoing war is not primarily about security in Gaza or security threats posed by Hamas, but rather about something much more sinister and absurdly cynical. 

Israel has seized this opportunity to fulfill Zionist territorial ambitions amid “the fog of war” by inducing one last surge of Palestinian catastrophic dispossession. Whether it is called “ethnic cleansing” or “genocide” is of secondary importance, although it already qualifies as the predominant humanitarian catastrophe of the 21stcentury. 

In effect, the Palestinian people are being victimised by two convergent catastrophes: one political, the other humanitarian.

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Eye.

GAZA in real time: Geopolitics versus Genocide

31 Oct

[Prefatory Note: A modified version of this interview conducted by Daniel Falcone, with a long introduction was published online in Truthout on October 29, 2023, The situation in Gaza and its increasingly regional implications grow more humanly distressing and politically menacing with each passing day. Israel has succeeded in influencing the Global West and its corporate main media platforms to accept two interpretations of events following the Oct 7 Hamas attack that are at best highly contentious and controversial and, in my understanding, deeply misleading and distorting: (1) that Hamas is nothing other than a group of terrorists engaged in barbaric crimes, and should be addressed in the same manner as ISIS and Al-Qaeda; (2) that it is legitimate in such a conflict to override normal rules of international law, even to the extent of engaging in genocidal means of ethnic cleansing.

In my view it is truer to the realities of its existence and behavior to regard Hamas as a political actor, freely elected and in charge of administering Gaza since 2007 despite an Israeli blockade and a pattern of punitive harassment.

Israel from the perspective of international law remains the Occupying Power in Gaza and the West Bank and East Jerusalem, and as such is bound by the 4th Geneva Convention governing Belligerent Occupation. As a result it has extra legal obligations to protect the Occupied People and although entitled to maintain its security by reasonable means. It has no valid basis for claiming  self-defense as if Hamas was a foreign entity.

Israel’s ‘politics of deflection,’ induce its own and world public opinion to overlook the true motivations and goals of Israel in mounting this genocidal response to the Hamas attack. The attack should be further contextualized by reference to the behavior of the extremist Netanyahu government that took over at the beginning of 2023, making issues other than the vengeful retaliation seem more illuminating: Given Israel tactics as articulated by its leaders, especially Netanyahu and Gallant, the behavior is not primarily about countering the Oct 7 attack. In other words it is less about restoring Israeli security than it is devoted to the ethnic cleansing of Gaza. If security was the core concern in the aftermath of October 7, would not Israel have emphasized its all out effort to correct the gaps revealed by the failure of its surveillance capabilities to warn and its military border strength to protect?

Don’t other find it strange that the most obvious, least disruptive Israeli response would have been to restore its own border security with a sense of urgency, negotiating a prisoner exchange for the hostages, and agreeing to a long-term ceasefire with Hamas, which has been proposing for almost a decade? ]

  1. Can you talk about how misinformation and propaganda serves as an extra arm to overall the Israeli military policy?

Israel has long been a master of what is called in Hebrew hasbara, that is the spinning, manipulating, and distorting of public discourse so that it either justifies what Israel is doing or diverts attention from the message of critics and skeptics to the supposedly questionable credibility of the messenger. ‘The weaponizing of anti-Semitism’ is a cynical example of the deployment of hasbara stratagems designed solely to deflect criticism and shift the conversation to persons falsely accused..   Smearing reputable critics and discrediting objective criticism of Israel by giving voice to irresponsible allegations of hatred of Jews that is known by the Zionist apologists to be untrue is reflective of the hasbara mentality. The hasbara mission is to shield Israel from its critics, regardless of whether the criticisms are accurate or not. The quality of hasbara discourse is not evaluated by their truthfulness, but solely by their effectiveness in changing the subject to an attack mode and inflicting a discrediting, undeserved punishment on their target. Such diversionary maneuvers are undertaken whenever substantive arguments in Israel’s defense are weak or non-existent. 

Asa Winstanley has written a powerful book on years of defamatory attacks on political figures or activist citizens who spoke positively about the Palestinian struggle in the UK and advocated that initiatives be taken to put pressure on Israel in influential opinion-forming venues or by way of activism as in the BDS Campaign. Winstanley compiles evidence showing that these tactics were being strongly and materially encouraged by Israeli officials and even subsidized by government money. The book carefully narrates the well-orchestrated campaign to destroy Jeremy Corbyn as a credible political leader of the Labour Party by widely disseminating knowingly false intimations of antisemitism of his part. [Winstanley, Weaponising Anti-Semitism: How the Israel Lobby Brought Down Jeremy Corbyn, (OR Books, 2023)].

Happening to know Jeremy Corbyn I can testify to his absolute acceptance and affirmation of the Jewish people, and his criticisms of Israel are directed at the objectional nature of their apartheid policies and practices, which have been confirmed in elaborate, documented reports of Human Rights Watch and Amnesty International..

The only reasonable conclusion is that hasbara ethos, fully embraced by Israel’s political leaders and pro-Israel lobbying groups around the world is ‘anti-truth,’ and not just ‘post-truth’ in the pre-modern sense of relying on beliefs more than empirical evidence.

Perhaps, as formidable as are these actual attacks on individuals or institutions are the intimidating secondary impacts on the mainstream media and public atmosphere to the effect that any public manifestations of pro-Palestinian views and acts of solidarity will be stigmatized and harmful to individuals in the workplace or social settings. Many persons are made reluctant to take public stands critical of Israel because fearful of Zionist pushbacks. University administrators, at best a timid lot, withhold funds and even discourage the sponsorship of campus events opposed by unscrupulous pro-Zionist groups and individuals, including apolitical cultural gatherings deemed in some sense to be anti-Israeli or pro-Palestinian. It would seem that the motivations for such mounting such hostile pressures is the belief that cultural expression humanizes ‘the enemy’ and renders less tenable the use of the terrorist label to dismiss Palestinian grievances. Wealthy individuals are aware of this sensitivity, and exert donor influence to achieve desired results with an overtness that erodes freedom of expression and rights of dissent in the midst of an ugly political confrontation, which calls for free discussion and a social atmosphere where dissident views are respected..

I have a young relative living in New York City who tells me that even her silence about current events in Gaza is interpreted by her Jewish friends as a covert criticism of Israel, and a colleague in the West who opposes what Israel is doing but keeps his mouth shut because it will harm his business relationships. As much as we in universities complain, we generally do enjoy the benefits of academic freedom not available in the corporate world, and so we have mostly ourselves to blame for not acting as citizens of conscience who express their beliefs rather than keep our true views closeted. Although in academic settings, the last few weeks have seen university administrators run scared, and impose regulations that prohibit shows of support for Palestinian struggle amid some reports of threats against Jewish students. Given the unscrupulous tactics of hasbara practitioners suspicion about the source of such threats, but given what is happening in Gaza it would be irresponsible o ignore them. After 9/11 an atmosphere of Islamophobia existed in the Global West, but it evoked little concern and what may be more relevant, no donor or community pressures.

The principal point is that the distorting impacts of manipulating the news are not just the spontaneous work of Zionist enthusiasts associated with NGOs and Jewish advocacy and lobbying organizations., They follow a deliberate effort by the most influential Israeli think tanks and the highest levels Israeli officialdom to influence, confuse, and if possible, shape public discourse. When in 2001 the International Criminal Court’s decision authorizing investigations of well-grounded Palestinian complaints about Israeli war crimes post-2014 the technical arguments advanced by lawyers on jurisdiction attracted far less public interest than the outburst by Netanyahu that the ICC decision was a display of ‘pure antisemitism.’ Israeli strategic think tanks have long understood that controlling the main arenas of public discourse are as important as battlefield results and military capabilities, including intelligence. As Israel’s regional security have weakened over the years, hasbara has assumed an ever growing strategic importance in the conduct of Israeli foreign policy, which includes obscuring territorial expansionism and intensification of settler violence in the West Bank. This behavior has become more widely appreciated in the one-sided presentations and reactions to the current orgy of violence in Gaza unleashed by Israel after the Hamas attack, especially the defiant rejection of humanitarian claims by Netanyahu and Yoav

Gallant, Minister of Defense. Both rely on false analogies between ISIS and All Qaeda to underpin their claim that their war is similar to that launched by the US after 9/11 against terrorism and for the sake of security or more absurdly, to the US response against the Japanese attack on Pearl Harbor. All the while ignoring the elephant in the room, that the Hamas attack only occurred because of a barely believable lapse in Israeli security. It would not require a PhD to grasp the fact that Israeli security and reputation would have been dramatically enhanced by so responding, and in the process do something constructive in the face of Palestinian grievances and frustrations. This, of course, was not to be in part because this incredibly violent response, as barbaric, if not more so, than the events of October 7, serves other purposes, above all

Israeli objectives of seizing land and dispossessing people.

Four elements differentiate Israeli hasbara from standard forms of pro-war state propaganda in periods of intense conflict: (1) unscrupulous tactics to discredit views perceived as hostile consisting of lies, defamation, and subsidized campaigns; (2) greater sophistication, including seeking the deflection of criticism by recourse to false allegations and misleading analogies rather than genuine efforts to defend policies under attack; (3) abundant public and private funding of Zionist anti-truth messaging, lobbying, and lawfare to win support and destroy adversaries; (4) an insistence that it is a justification of the Hamas attack to bring up the context of Palestinian long-term and recently acute victimization, which was the sin of Guterres, met with Israelli calls for his resignation.

Only. during the height of the Cold War were criticisms of the American early role in Vietnam met with discrediting responses that such views were tacit endorsements of Communism and disloyal. By and large, efforts to oppose the latter stages of the Vietnam War or to support BDS as part of an anti-apartheid South Africa campaign were opposed by conservatives as impractical or inconsistent with foreign policy priorities, but not giving rise to punitive witch hunts that have been the experience of critics and activists supporting non-violent pro-Palestinian. initiatives. Nor did the governments of South Vietnam or South Africa get seriously involved in shaping the public dialogue within the United States on nearly the scale or style that Israel and its civil society ardent and well-funded Zionist infrastructure have in the main urban sectors of the Jewish global diaspora.

  • For those who rely on local and national news outlets, and for people who just started watching television coverage in recent weeks, how prevalent do you suspect the “both sides are at fault” account for the casual viewer with this war? And where can non-specialists go to find the context and explanations of the ongoing asymmetries with Gaza and Israel?

This is an important observation and question. In my mind to blame ‘both sides’ in contexts of asymmetrical responsibility such as exists between Jews and Palestinians is to consciously and unconsciously divert attention from the essential hierarchical structure of oppression and subjugation, which is the core reality confronting Palestinians. This is especially true for Palestinians living under Israeli occupation since 1967 or even longer in the  refugee camps of neighboring countries,, and to a somewhat lesser extent characterizing the lives of Palestinians living as Israeli citizens within ‘the green line’ since 1948.

Blaming both sides is also a comfort zone for those who are insufficiently informed or uncomfortable about adopting a controversial position. It makes a pretense of accepting the mainstream media orientation, which purports to be objective, proving it by stressing the diversionary argument that both sides are to blame for the failure of the 1993 Oslo Diplomatic Framework to result in Palestinian statehood, the disappointment with the peace process in general, and even the outbreak of violence. For years Israeli leaders and Zionist militants complained that Israel had ‘no partner’ in the diplomatic search for peace, when it was evident that Israel wanted supremacy and expansion

more than it wanted peace and security, The Abraham Accords gave rise to the delusion that they could have both.

I find it to be an insidious line of argument or reasoning if applied to a grossly asymmetric conflict of the sort that has lasted a hundred years in relation to the contested, evolving future of Palestine as a continuous struggle between the indigenous residents and the colonizing immigrants. It has falsely situated the locus of responsibility for a continuation of the prolonged tragic experience of the dispossessed and subjugated Palestinian people as well as facilitating Israel’s continuous settlement expansion, territorial ambitions, and contribution to the creation of conditions that over time have situated the attainment of Palestinian rights and aspirations well beyond horizons of realistic hope. It has been dramatically illustrated in liberal circles addressing the interaction between the Hamas attack and the Israel provocation and response. By characterizing Hamas as ‘terrorists’ with no credibility as representatives of the victimized Palestinian people, and Israel as the democratic government understandably overreacting in its Gaza attack in the spirit of a traumatized victim ‘both sides’ can be blamed, although in this instance in a manner perversely oblivious to the long Palestinian experience of Israeli state terrorism under the umbrella of its international role as Occupying Power.  

To find accounts sensitive to the asymmetries between Israel and Palestine is not a simple matter. There are several authors who have distinguished over time between the two sides in terms of crucial issues. I would recommend the reports of UN Special Rapporteurs for Occupied Palestine, especially the two more recent ones, Francesca Albanese and her predecessor, Michael Lynk. Their illuminating reports can be found on the website of the UN Human Rights Council covering the last seven years. For more reflective perspectives over a longer time period it might be helpful to consult Richard Falk, John Dugard, and Michael Lynk, Protecting Human Rights in Occupied Palestine: Working Through the United Nations (Clarity, 20223). For a crucial depiction of historical background of the asymmetric and hierarchical relationship between the two peoples, I highly recommend the writings of Ilan Pappé, The Ethnic Cleansing of Palestine (One World  Oxford, 2008); for a fictional depiction of this relationship see the novels of Susan Abulhawa, especially Mornings In Jenin (Bloomsbury USA, 2010).

  • Could you explain the bombing of the Gazan hospital? Norman Finkelstein has cited the overwhelming evidence that points to the Israeli targeting of ambulances. What is your take on the hospital bombing? 

Given the pattern of Israel’s indiscriminate and disproportionate bombing, as well as the targeting of UN buildings, medical facilities, including ambulances, and schools,  it is only natural to assume that the bomb dropped on al-Ahli Hospital was part of an Israeli attack, a perception reinforced by Israel’s consistent reliance on faked evidence in the past to evade atrocity allegations. My inclination is to hold Israel responsible for such a hospital strike as its forced displacement and lack of respect for civilian innocence has pervaded its behavior since the Hamas attack, and created a situation where such incidents happen by accident or design. The issue of intentionality measures the depravity involved, but it does not by itself resolve issues of legal and moral responsibility for specific acts.

As of now there is no definitive account of the facts surrounding the case of the al-Ahli bombing. There are conflicting views, reflecting broader alignments, as to whether the damage was done by an Israeli bomb or a Hamas/Islamic Jihad rocket mishap. In such circumstances, we my never know for sure what caused the lethal explosion but does it really matter. If trains carrying Jews to Nazi death camps collided and killed many of the passengers would it be fruitful to inquire into whether the accident was part of the Holocaust or something else? 

  • What are your thoughts on proportionality as a guideline in war regarding this conflict? How many human rights violations has Israel incurred just in the last week in terms of the overall big picture? What does global opinion suggest about Israel’s actions in the conflict, all done in the name of self-defense?

This is quite a bundle of international law questions. The overarching claim of self-defense is both of questionable relevance to specific charges of war crimes or broad contentions of collective punishment, unconditionally prohibited by the 4th Geneva Convention Governing Belligerent Occupation. But there is a prior question about the legal applicability of ‘self-defense. From the perspective of the UN and international law Gaza (as well as the West  Bank and East Jerusalem) are Occupied Territories subject to the constraints of international humanitarian law. Israel as the Occupying Power is entitled to take reasonable steps to main its security (that can be considered a practical equivalent to the frequent affirmation of ‘Israel right to defend itself’), but Israel has no legally distinct right of self-defense against an administrative actor and political movement operating totally within territory it occupies by international writ, such as Hamas that is not the government of another sovereign state. Its October 7th attack on Israeli territory certainly qualifies as terrorism by its modes of enactment, although as a political undertaking it possessed a hybrid character, as besides the criminality of its action on the ground it was a long provoked act of resistance to Israeli crimes associated with its failure to comply with the provisions of Geneva IV, including the protection of civilians living under occupations and the various prohibitions safeguarding the land and societal rights of an occupied people.

The legal constraint of proportionality and discriminate targeting are universally considered to be valid rules of international customary law but have functioned even in modern times more as admonitions than strictly implemented legal constraints, giving way in combat zones to self-justifying of contentions of military necessity.

Israel’s persistent bombing of residential areas and civilian targets, given the precision of modern weaponry at its disposal, seems to amount to war crimes, and as applied to the densely populated demography of Gaza deserves to be treated as a species of collective punishment, especially in conjunction with the blockade imposed since 2007. In the current phase of violence in Gaza the bombing is reinforced by the forced evacuation order applicable to half the population and by the siege decree cutting the delivery of food, water, fuel, and electricity to the whole of Gaza, a policy widely viewed as ‘genocide,’ The accompanying language used by Yoav Gallant, Israel’s Minister of Defense, in decreeing the siege that described Palestinians as ‘human animals’ that deserve to be treated accordingly certainly strengthens and grounds the accusations of genocide. Leaving aside Gallant’s slurred regressive reference to animals this is a clear instance of genocidal language by a highly placed Israeli official, made more authoritative as reflective of the views of the Israel’s government because such language has been neither qualified or withdrawn.

The Israeli order of ‘forced displacement’ within 24 hours of 1.1 million Gazans from their place of residence in northern Gaza to the southern part of Gaza is itself a most serious and cruel. example of collective punishment and a distinct wrong, constituting a gross crime against humanity aggravated by being implemented while the siege and blockade persists, and the prospect dims of allowing those displaced to return to their homes after the end of the military operation..

  • How aware is Israel of the varied perceptions of conducting this war and how does that factor into their decision making? 

Israel has long been cynical and opportunistic in its approach to international law as has been the United States. Both countries invoke international law and moral outrage when it helps validate their bellicose allegations or justify their own controversial behavior. Israel defies international law, or treats it as irrelevant, when it goes against its policies and practices, and refuses to act in compliance with international law or show respect for UN authority. This lawlessness has been a prominent feature of its administration of the West Bank, East Jerusalem, and Gaza since the IDF occupied Palestinian territories in 1967, most routinely through the continuous expansion of unlawful settlements and the imposition of multiple form of collective punishment, culminating in apartheid, and now in Gaza with the siege, forced displacement, and systemic bombing of civilians and their places of shelter.

Until now Israel has managed to get away with such behavior mainly because it enjoys the unwavering political support of the United States, EU, and other countries. Israel’s diplomacy has managed through its military prowess and political skill to neutralize hostile action by most of its Arab neighbors, including many countries in the Global South, and shift their security away from Israel due to the common threats attributed to Iran. This normalizing dynamic, which has proceeded by way of pushing Palestinian grievances further and further into the background, has now been disrupted, perhaps forever. If Israel persists with its current policy in Gaza, demonstrations around the world will be enlarged and radicalized, exerting increased pressure on governments to act responssively, particularly in the Middle East, despite risks of a wider war involving Iran growing by the day, with potentially disastrous consequences.

On October 18th Biden delivered a dangerously arrogant speech that overlooked numerous experiences of American frustration and political defeat since the Vietnam War, including Iraq, Afghanistan, Syria, and Libya. The speech reaffirmed the global role of the United States as leader of the ‘democratic’ forces of good in the historic battle against ‘autocratic’ forces of terrorist evil, referencing Hamas and Putin. With no show of humility Biden ended his talk with these history-defying words reaffirming ‘American exceptionalism’ at one of its darkest hours : “In moments like these, we have to remind — we have to remember who we are. We are the United States of America. The United States of America. And there is nothing, nothing beyond our capacity, if we do it together.” Indeed, we do have to remember who we really are and realize that when we act together. we may pose to others, and ourselves, the greatest danger the world has ever faced. The U.S. Senate shockingly voted 97-0 last week as the tragedy for the people of Gaza daily unfolds and the House of Representatives voted one-sidedly promising Israel ‘no strings’. diplomatic backing along with assurances that funds for weaponry will be available as needed..

Whither Palestine? Whither Israel? After the Violence Spike, After the Abraham Accords, After Netanyahu

13 Jun

[Prefatory Note: This post covers the changing circumstances in Irael/Palestine over the course of the last six weeks. It takes the form of responses to questions posed by the political economist, journalist, and author, C.J. Polychronious, and was published in Truthout  on June 13, 2021, which happens to be the day that Israel ended its political impasse by formally empowering the Coalition for Change to take over the Israeli governing process. The coalition joins together a very diverse set of political parties, but its center of gravity leans sharply left. There are two questions now that will shape the Palestinian destiny to its next phase: Will the post-Netanyahu government push harder the political agenda of the right-wing settler movement? Will the aftermath of the IDF military operation, Guardian of the Walls, increase Palestinian resistance and global solidarity? The next two months will allow us to make better informed assessments for what is in store for both sides.]

Whither Palestine? Whither Israel? After the Violence Spike, After the Abraham Accords, After Netanyahu

Q1. Richard, the latest round of fighting between Israel and Hamas, which caused massive destruction in the Gaza Strip, ended with a ceasefire after growing US and international pressure. In your view, what factors or parties reignited the dormant Israeli-Palestinian conflict?

This latest upsurge of violence in the relations between Israel and Palestine seems to arise from a combination of circumstances. In such situations where an explanation is not obvious, and even if given, may not be trustworthy, and should often be largely discounted as a self-justifying rationale. An assessment of the reasons behind this latest cycle of large-scale Israeli violence lead to a deeper understanding of what otherwise seems opaque. It is clear that Israel usual claim of a right to defend itself is far from the whole story, especially when its behavior seemed designed to provoke Hamas to act in response. In light of this we should investigate why Israel wanted to launch a major military operation against Gaza at this time mid-Mayu when the situation seemed comparatively quiet in the preceding months?

The easiest answer to the question—to save Bibi Netanyahu’s skin. It seems that the precarious political position and legal vulnerability of the long-term, increasingly controversial Israeli leader, is the best back story, but also far from a complete picture. It helps account for the seemingly reckless Israeli provocations that preceded the flurry of rockets from Hamas and affiliates. Netanyahu had failed four times to form a government after inconclusive elections, and was for the first time facing an opposition coalition that was effectively poised to displace him as leader. Now displaced as prime minister, Netanyahu will likely have to face substantial criminal charges for fraud, bribery, and breach of public trust in Israeli courts, which could result in a jail sentence.

Why would a wily leader and ardent nationalist play roulette with the wellbeing of Israel? The answer seems to involve the character of the man rather than an astute policy calculation. Netanyahu seems to possess a narcistic personality disorder that always leads him to view national interests through as optic that accords primacy to his personal needs and desires. To the extent that the Netanyahu approach was grounded in knowledge, it reflected the well-evidenced view that Israelis put aside differences and give their total allegiance to the head of state during a wartime interlude. Netanyahu had every reason to believe that in this situation as so often in the past experience that Israelis would rally around the flag, and be thankful for his style of strong leadership in a security crisis.

Israeli behavior preceding the rockets was plainly inflammatory that  it safe to assume that it was intended to be a highly provocative challenge to Palestinian public opinion, exerting pressures on the leadership in. Ramallah and Gaza City to do something in response. First came high profile evictions of six Palestinian families from their Sheik Jarrah homes in East Jerusalem on flimsy legal grounds, with a prospect of more evictions to follow. These Israeli court rulings enraged the Palestinians. It reinforced the sense of continuing victimization taking the form of acute insecurity as to Palestinian residence rights in Jerusalem, a dynamic perceived as a process of ethnic cleansing that goes back to 1948. As such, it reawakened the still agonizing memories of the 700,000 or more Palestinians who fled or were forced across the borders of what became Israel to Jordan, Lebanon, Gaza, and the West Bank (until 1967 under Jordanian administration) in the 1948 War, becoming refugees, and never thereafter allowed to return to their homes and homeland, which was and is their right under international law.

This process of coercive demographic rebalancing was integral to the essential racial and idealistic character of the Zionist Movement, which sought to establish not only a Jewish state but a democracy that could qualify for political legitimacy by Western criteria. To achieve this goal, however, depended on implementing policies ensuring and maintaining a secure Jewish majority population, which involved the denial of fundamental human rights to Palestinians. These controversial Sheikh Jarrar evictions were continuing this Judaizing of East Jerusalem after more than 70 years since Israel was founded. In other words, what Israeli Jews treated as a demographic imperative that was almost synonymous with maintaining a Jewish state for the Palestinians had the character of a continuous process of ethnic cleansing, which meant second-class citizenship and living with perpetual insecurity.

Days before the rockets were launched there were further provocations that took the form of unregulated marches by right-wing Jewish settlers through Palestinian neighborhoods in East Jerusalem carrying posters and shouting ‘Death to the Arabs’ coupled with random acts of violence against Palestinians and their property. Such events reinforced the impression that the Palestinians in Israel were acutely insecure and vulnerable to thuggish manifestations of settler racism and that would be abetted by the Israeli state, and its security forces. This pattern exhibited the jagged edges of Israel’s distinctive version of apartheid.

Likely, the most provocative of all these events preceding the cross-border violence with Gaza were the several intrusions at al-Aqsa compound and mosque by Israeli security forces in a manner that obstructed Muslim worship during the last days of Ramadan. As well, Muslims were prevented from coming to al-Aqsa from the West Bank during this period. These encroachments on freedom of religion again seemed designed to provoke Palestinian reactions of resistance by harshly discriminatory practices of Israeli interpretations of law and order.

Against this background, Palestinian protests mounted, and Hamas undoubtedly felt challenged to maintain its claim as the inspirational leader of Palestinian resistance. Because of the limited options available to Hamas, meaningful resistance took the characteristic form of firing hundreds of primitive rockets, many falling harmlessly or intercepted by Israel’s Iron Dome defense system. The rockets were indiscriminate and inflicted some Israeli casualties, minor damage to towns in southern Israel, such a tactic violates international humanitarian law, and undoubtedly were very frightening to the Israeli civilian population.

It should be appreciated that Israel’s violations far outweighed the violations on the Palestinian in several crucial respects: the death and destruction caused by the two sides, the refusal of Israel to uphold its legal obligations as the Occupying Power toward the civilian Occupied Palestinian people who were already long subjugated by an unlawful blockade in place since 2007 held responsible for unemployment levels over 50% and dependence on humanitarian aid by over 80% of the Gazan population. Israel also ignored its specific duty outlined in Article 55 of the 4th Geneva Convention to protect the civilian population during a time of ‘contagious disease or epidemic,’ and instead subjected Palestinians to what has been described as ‘medical apartheid,’ which was most blatant on the West Bank where all Jewish settlers were vaccinated while almost no Palestinians received even a first dose.

Q2. The Arab world condemned the latest Israeli assault, but took no action. My question about this is twofold: first, to what extent did the Abraham Accords precipitate the renewal of violence between Israelis and Palestinians? And, second, what’s behind the cozy relationship between Israel and Arab Countries, particularly Gulf States?

With respect to the Abraham Accords, I am not aware of any concrete indications of a link, although some circumstantial evidence suggests its plausibility. On the Israeli side, the Accords seems to have given Israel greater confidence that they could make life even more miserable for the Palestinian people without having to fear adverse repercussions from their Arab neighbors. Without Trump in the White House the right-wing in Israel seemed to believe that their expansionist goals, including annexationist hopes for most of the West Bank would have to be achieved unilaterally, and with somewhat less diplomatic cover from the United States, and that meant intensifying their already bellicose reputation.

On the Palestinian side, opposite forces seemed at play. A sense that Netanyahu and the settlers were exerting increasing pressure to make the Palestinians believe that their struggle was futile, a lost cause, with the goal of making them agree to whatever ‘peace arrangement’ was put forward by Israel (what I call ‘the Daniel Pipes’ scenario, squeezing the Palestinians so hard that they give up, having failed to achieve such a result by way of the Oslo diplomacy). More assertively interpreted, the rockets expressed a resolve not to accept peacefully ethnically cleansing from their homes nor silenced and intimidated by the settlers nor by those who would interfere with their religious practices. The message of the rockets may have also been intended as a warning to the Palestinian Authority not to accept some arrangement that validated this coercive Israeli approach to ‘peace.’

These ugly direct encounters originating in Jerusalem were dealt with harshly by the Israeli government in the afterglow of the Abraham Accords, which was a further incitement for Hamas to act in militant solidarity. Hamas probably also sought to challenge the Palestinian Authority that so often confused its role as representative of the Palestinian people with a quasi-collaborationist approach to Israel.

Additionally, at play undoubtedly was the challenge posed by the Accords to Palestinian steadfastness or sumud. A Palestinian show of resistance, even with the full awareness that the rockets would bring a massive IDF military operation as in the past, and with it, death, trauma, displacement, and destruction in Gaza. It was the Palestinian way of expressing resolve that the struggle for basic rights will continue as long as necessary regardless of the costs. The Abraham Accords underscore the this symbolic abandonment of the Palestinian struggle by our Arab brothers and sisters, or at least their regimes, which in any event had long been evident on the level of behavior, and now more crassly. This abandonment had been previously expressed substantively by these Arab governments, especially the Gulf monarchies, which were never comfortable with Palestinian or Islamic movements from below in their region, especially in the aftermath of the Iranian Revolution when political Islam showed its willingness and ability to challenge the control of the established order as confirmed by their counter-revolutionary support for the Sisi coup in 2013 against Muslim Brotherhood leadership in Egypt.

As far as the motivations behind Arab elite willingness to ignore the pro-Palestinian sentiments of their own populations, and become parties to the Abrahamic Accords three factors are explanatory: first, the governments involved were given transactional rewards by the Trump diplomatic offensive in the form of weapons, economic inducements, delisting as a terrorist government, support for political claims; secondly, with respect especially to the Gulf monarchies, it seemed advantageous to seek a common front with Israel in opposing and destabilizing Iran, not only in relation to its nuclear program but with respect to its political solidarity relationships in the region, which included Hamas, Hezbollah, and the Houthis in Yemen; and thirdly, by seeming to take political risks at home to support U.S. pro-Israeli objectives in the region these regime could expect to gain leverage in Washington as a dependable ally, and not face criticism for their autocratic manner of governance that included flagrant abuses of human rights, especially with respect to women.

 Q3. Israeli police have arrested thousands of people over the last couple of weeks in Israeli Arab communities as part of a “law and order” operation. What is Israel really hoping to achieve with such actions against Palestinian protesters who happen to be, incidentally, Israeli citizens?

Jewish supremacy is the core of the Zionist Project as it has played out in Israel, which has in turn generated racial policies and practices that are increasingly perceived as a form of apartheid. The government of Israel to retain internal legitimacy must continually prove to its Jewish citizenry that it able and willing to maintain the racial hierarchy in reaction to Palestinian resistance and external pressure. This means that any show of resistance by subjugated Palestinians must be disproportionately punished, with the hope of deterring future defiance by the downtrodden. This mentality, so subversive of respect for international humanitarian law, has been formalized by Israel, and incorporated into IDF’s mode of operations, and is known as the Dahiya Doctrine, first so articulated by the IDF Chief of Staff, General Gadi Eisenkot, after the 2006 Lebanon War. Dahiya is a neighborhood in south Beirut that was heavily bombed despite the absence of military targets so as to destroy the civilian infrastructure of Hezbollah, which provided operational guidance for future uses of military force by Israel, especially in Gaza.

In the past 20 years Gaza and its people had borne the brunt of this Israeli need to exhibit its commitment to Jewish supremacy by periodically displaying its ability to crush any challenge, however indirect, to the policies and practices of apartheid. This was the first time that serious communal violence in towns where Palestinians and Jews cohabited arose within Israel, significantly coinciding with an IDF military operation in Gaza. It was a new internal threat to the apartheid regime, but posed a different kind of challenge as Israel couldn’t respond by devastating towns within Israel, and needed to rely on different coercive tactics. The mass arrests of Palestinian protesters was the ad hoc method relied upon to reestablish the appearance of stable control of the asymmetric relations between Jews and Palestinians, and it remains to be seen if that will be sufficient to restore stable, if fragile, ethnic coexistence within 1967 Israel.

Q4. Palestinians have been facing a severe leadership crisis for many years now, but solidarity with the Palestinian people has shifted massively on  a global scale. Are there hopeful prospects for Palestinian unity, and is the BDS movement an effective way to challenge Israeli oppression without hurting the victims themselves?

As indicated earlier, deficiencies of Palestinian leadership have weakened the Palestinian movement for self-determination. In part, this reflects the ‘success’ of Israel’s overall approach to managing a hostile population. Israel has pursued for many years ‘a politics of fragmentation’ toward the Palestinian population under its control, including at leadership levels. Such fragmentation includes its occupation administration on the West Bank with more than 700 checkpoints making internal travel incredibly difficult for Palestinians, as well administering the West Bank, Gaza, and East Jerusalem in different ways that greatly complicate Palestinian interactions difficult and unity hard to maintain. Of course, the toxic split between Hamas, as intractable terrorist entity allegedly bent on Israel’s destruction and the Palestinian Authority which is alternatively useful as adversary and as potential peace partner and de facto collaborator is the deepest fissure of all. As well, Israeli denial to Palestinians of any right of return has kept the refugee status of millions of Palestinians static, untenable, and precarious. Refugee demands for return create tensions with Palestinians living under occupation many of whom believe the formula ‘land for peace’ is the best deal that they can hope for. Further they realize that Israel might agree to end the occupation but it would never assent to upholding the repatriation rights of the refugees, which is seen as a deal-breaker.

Only with a charismatic leader with support from all of these constituencies could provide the Palestinian people with authentic leadership capable of representing both Palestinians living under occupation and in refugee camps. Israel remains determined at this point not to let this happen, and feels strong and secure enough to refuse meaningful Palestinian statehood as well as to deny refugee rights, giving up all pretensions of any interest in a political compromise involving both land and people.

Despite these Israeli tactics, the Palestinians have discredited themselves to some extent by not putting aside their differences so as to establish a common front to achieve their overarching common goal of self-determination. The top echelons of the Palestinian Authority live a comfortable life, rumors of corruption abound, and one senses a willingness to lie low until they can make some sort of deal that hides their political defeat. Mahmoud Abbas, the Palestinian leader who is internationally recognized as representing the Palestinian people, has not held promised elections since 2005, and recently cancelled elections scheduled for this year on the alleged grounds that Palestinian residents in East Jerusalem would not be allowed to vote. Critics insist that elections were cancelled because Hamas might emerge as the winner, and an anti-Abbas coalition seemed to pose a threat.

Hamas, although mischaracterized in the U.S. and Israel, has governed harshly in Gaza making many Palestinians fear its leadership. Yet as Sandy Tolan and other researchers have made clear, Hamas was induced by Washington to pursue its goals by political means and compete electorally, but it was not expected to win as it did in Gaza in 2006. When it won, it made diplomatic overtures to Washington and Tel Aviv offering a long-term ceasefire, up to 50 years, in exchange for Israeli withdrawal to the 1967 ‘green line’ borders, but these were rebuffed without even the pretense of a diplomatic response. Instead, Hamas was returned to its terrorist box, the people of Gaza were blamed for their victory in the elections, and this crowded, impoverished enclave was maintained as a test site for Israeli weapons and tactical innovations, and a combat zone enabling Israel to project a regional image of credible deterrence.

The Palestinians have never set forth their own vision of peace, probably because it would reveal sharp differences between those willing to settle for some version of partition and those who seek a unified Palestine with a secular constitution assuring equality of rights. As matters now stand a sustainable peace presupposes the prior dismantling of apartheid structures and the renunciation of Zionist foundational claims of Jewish supremacy. Without such steps, any agreed outcome would end up as a ‘ceasefire.’ It is instructive to study the fall of apartheid in South Africa, and its aftermath, that failed to fulfill all of the hopes of the Africans or result in economic and social retaliation that the whites feared. And yet both Africans and whites benefitted from the transition. South Africa’s pariah state difficulties were overcome, a bloody armed struggle was averted, and so was the feared vindictive sequel to apartheid.

The South African narrative is also important for illustrating its ‘impossible’ unfolding: internal resistance, strongly reinforced by a global civil society anti-apartheid campaign supported by the UN and highlighted by BDS pressures releasing Mandela from 27 years confinement in prison despite his life sentence so that he could negotiate the transition to constitutional multi-racial democracy and become the natural and unquestioned choice of the population to be the first president of the new South Africa. It all sounds plausible 25 years after the fact, but before these dramatic events, it seemed ‘impossible,’ a dream of accommodation and substantial reconciliation too good to come true.

Can something analogous happen in Israel/Palestine? Israeli realities are very different than were South African circumstances. For one thing, there are about the same number of Israelis and Palestinians inhabiting historic Palestine (adding Gaza), while in South Africa the black population outnumbered the white population by a 4:1 ration. This would seem to make Israeli Jews less vulnerable to abuse in a secular state, and besides they could undoubtedly insist on robust international peace force with a mandate to restore order and protect the equality of rights in the event of communal strife.

A final observation. The South African apartheid leadership did not awake one morning and become aware that their racist regime was immoral and illegal. It decided through backroom debate and reflection that it was better off taking the risks of constitutional democracy than go on living the problematic existence of a pariah state waiting for the day when the roof would collapse. In other words, the white leadership made a rational public policy decision, the contemplation of which was kept as a closely guarded state secret until a consensus reached, and the extraordinary events started happening to the great surprise of the world, and came as a shock to majority of South Africans, whether black or white.

Q5: What are your thoughts on Israel’s new government? What can one expect from it in general, and will it be able to skirt the Palestinian issue?

The coalition that has managed to prevail, and end for the moment, the political impasse in Israel. The coalition set to take over the Israel government is not united on policy or belief. Its only unifying principle is a deep hostility to Netanyahu’s personality and character. For that reason the diversity of its composition makes it fragile with respect to sharp departures from Likud consensus on Palestine that has prevailed for the last twelve years in Israel.

At the same time the dominant elements in the Bennett-Lapid coalition are correctly perceived on Palestinian issues as further to the right on such issues as accelerated ethnic cleansing of East Jerusalem, expansion of West Bank settlements, annexation of all or most of the West Bank, opposition to any genuine form of Palestinian statehood, and greater severity with respect to the implementation of apartheid policies and practices. Further, it is expected that Naphtali Bennett, an exponent of the extreme right wing settler movement and maximal Zionist goals, will be Israel prime minister for the next two years during which he will undoubtedly be tempted to push Israeli policy even further to the right.

It is, of course, possible that Bennett will contain his anti-Palestinian fury so as to hold the coalition together, but it is just as likely that he will be prepared to pay the price of a collapsed coalition by being able to attract support for his program from the Likud members and other rightists outside the coalition who agree with his approach on Palestine and are no longer tied to Netanyahu or preoccupied with having a place in the leadership of the government. It is also possible that Bennett will move more cautiously to avoid weakening American support, which is already weaker than ever before in this century. Bennett is less abrasive in personal style than Netanyahu, which is hardly a difficult achievement, but is more of an extreme ideologue and less an opportunist. The unanswerable question at this point is whether the ideological push will prevail or give way to a pragmatic lowering of objectives in the hope of holding onto power.

Given this further turn to the right in Israel there is no realistic prospect of any kind of meaningful diplomacy for the foreseeable future. Although the coalition is presented as ‘center/right’ it is heavily weighted to the right. There are, in contrast, real possibilities of stronger global solidarity efforts through the UN and by way of civil society campaign such as BDS, and a stronger public support for Palestinian grievances, especially if Palestinian resistance remains strong and Israeli repression remains harsh. We should leave room for surprises, good and mostly bad. This is the Middle East where it is folly to predict the future, and a sure recipe for disappointment to expect the best.

The future of statehood: Israel & Palestine

3 Feb

[Prefatory Note: Interview Questions of a Brazilian journalist Rodrigo Craveiro on behalf of Correio Braziliense: (Jan. 30, 2019) on current prospects of Palestinian national movement.]

 

Fatah, Hamas, the Future of Statehood and Peace Prospects

 

1. With the dissolution of government do you see any risk for unity among all Palestinian factions? Why? 

 

It is difficult at this stage to interpret the significance of the recent dissolution of the Palestinian Legislative Council (PLC), which serves as the Parliament of the Palestinian Authority that governs the West Bank and enjoys formal recognition as the representive of the Palestinian people internationally. The PLO continues to exist as an umbrella framework to facilitate coordination among Palestinian political factions aside from Hamas and Islamic Jihad, which have never been associated with the PLO. It seems that dissolution of the PLC is related to the prospect of new leadership of the Palestinian Authority, especially the speculation that the Palestinian president, Mahmoud Abbas will soon retire, and be replaced. It is also possible that this move is an attempt by the PA to create a stronger basis for creating an actual Palestinian state in an atmosphere in which the Oslo diplomatic framework has been superseded.

 

Without the prospect of a diplomatic resolution of the conflict by negotiation between the parties, the Abbas leadership is trying to establish for Palestine the status of an international state by way of its own unilateral moves. Israel on its side it trying by its unilateral initiatives to create its own expanded state that extends Israeli sovereignty over all or most of the West Bank, which remains legally ‘occupied’ despite a variety of fundamental encroachments on Palestinian autonomy. In other words we are witnessing contradictory moves by both Israel and Palestine to achieve their goals by unilateral political moves rather than through international diplomacy under U.S. auspices based on a negotiated agreement reflecting compromise. In the process both the PA and Israel are in the process abandoning earlier pretensions of democratic governance. This move by Abbas to dissolve the PLC is most accurately interpreted as the further de-democratization of Palestine, and the establishment of a more robust autocratic governing structure that does not inspire trust among many Palestinians and their supporters throughout the world. The failure, for instance, of the PA to back BDS is indicative of the gap between global solidarity initiatives and the timid leaders provided the Palestinian national movements by Abbas leadership in Ramallah.

 

2. How do you analyze the role of Hamas inside the political life of Palestinian people? 

 

It is again difficult to be too definite about the role of Hamas at this time. This is partly because Hamas is likely affected by the changes in the tactics and leadership of the Palestinian Authority, which continues to be internationally regarded as the sole representative of Palestinian interests while being subject to criticism and rejection by large segments of the Palestinian people, especially those spread about the world by being refugees, exiles, and displaced persons., For some time, Hamas has indicated its willingness to agree to a long-term truce (or hudna)with Israel lasting up to 50 years, but only on condition that Israel withdraws from the West Bank and East Jerusalem as well as Gaza, and ends the blockade that has been used to deny the entry and exit of goods and people to Gaza ever since 2007. It is possible that a different leadership in Israel as a result of the April elections will produce a new Israeli approach to Gaza, which could include some kind of grant of autonomy or even independence as one type of alternative policy or intensified coercion that sought to destroy Hamas and its military capabilities as another.

 

What remains clear is that Hamas, as opposed to the PA, has been a consistent source of resistance to Israeli occupation and expansionism, although evidently willing to pursue its goals by political tactics rather than armed struggle. It is Israel that has insisted that Hamas is a terrorist organization, refusing even to consider establishing a ceasefire regime of indefinite length. It is also the case that Hamas is rooted in Islamic beliefs and practices, which are resented by secularized Muslims and non-Muslim Palestinians. This tension has erupted at various times in the course of the decade of Hamas governance in Gaza. Nevertheless, Hamas has popular support throughout occupied Palestine, and one explanation for the failure of the PA to hold elections is the anticipation that Hamas would likely be the winner, or at least make a strong showing.

 

3. Do you consider Hamas a danger for peace efforts building by Palestinian factions with Israel in future? Why?

There is no doubt that if the Palestinian Authority persists in excluding Hamas from participation in shaping the future of the national movement that the friction of recent years will continue, if not intensify. It is also possible that any new, post-Abbas PA leadership will try with increased motivation to find an embracing political framework that brings together the secular factions with those of religious persuasion, and especially Hamas. If the Trump ‘deal of the century’ is made public in coming months, and is treated as a serious proposal that is accepted as a basis of negotiation by the Palestinian Authority, then it would test whether the Palestinian people will be represented in a manner that joins in a single political actor secular and religious forces. The people of Gaza have suffered for many years, the conditions of poverty and environmental hazards are becoming more severe, with shortages of medical supplies, health hazards from polluted drinking water, astronomical levels of unemployment, and the absence of nutritious food creating emergency conditions for the entire civilian population of Gaza of about two million. Given these realities it is almost certain that Hamas will seek to pursue a more viable future for Gaza, but as the Great March of Return has demonstrated in recent months, the population, despite years of demoralization, retains a strong will to resist oppressive conditions of Israel domination.

 

      4-Until now all efforts to overcome the division between Hamas and Fatah didn’t work. Why? Why is it difficult to achieve a common sense?

I believe the principal reasons that all attempts to achieve a sustainable accommodation tween Hamas and Fatah have failed relate to both ideology and questions of trust. This failure has also been a consequence of Israel’s overt and covert feverish efforts to promote Palestinian disunity and fragmentation. Israel’s emphasis on a politics of fragmentation in addressing the Palestinian challenge is expressed in many ways, including establishing separate governance regimes for the West Bank, Gaza, and Jerusalem, as well as for the Palestinian minority living in Israel and the refugees in neighboring countries.

 

On ideology there are two main sources of division between Fatah and Hamas—the secular/religious divide, and the greater readiness of Fatah to accept and legitimate the permanence of the Israeli state than is Hamas. For Hamas Israel remains a usurper of Palestine, and such a illegitimate state that can never be formally accommodated, although as suggested, Hamas is prepared to accept a truce of long duration without altering its underlying claims to exercise sovereignty over the whole of historic Palestine. If such a truce was to be agreed upon by Israel it would amount to a de facto acceptance of Israel, and vice versa. If the truce held, it could lead to some kind of indefinite extension that would allow both governing leaderships to feel that they achieved their primary goals, in other words, a win/win outcome.

 

Fatah, at least since 1988, as well as the PLO, has been willing to normalize relations with Israel and to agree to a territorial division of Palestine along the 1967 boundaries, provided that the arrangement provided for the retention of East Jerusalem as the capital of a Palestinian state. As matters now stand, it is almost unimaginable that Israel would accept the Hamas approach to a future relationship, and given the continuing expansion of the settlements it seems unlikely that Israel would agree to the emergence of a sovereign Palestinian state under any conditions, that is, even if Hamas did not exist.

 

It is quite likely that Israel would seek to impose a one-state solution by annexing the West Bank in a manner similar to their annexation of the city of Jerusalem. The unresolved tensions between Fatah and Hamas are in my judgment less fundamental than is Israel’s increasing clarity about rejecting any negotiated compromise on such core issues as territory, refugees, and Jerusalem. Israel seems to regard the present situation as one in which it feels almost no pressure to compromise, and instead that it is possible for Tel Aviv to push forward toward an end of the conflict by claiming victory, a view endorsed by Zionist extremists and seemingly supported by the Trump diplomacy to date. I find these perspectives to be shortsighted and unsustainable. Even should the Palestinian leadership is forced given present realities to accept a political surrender, such an induced outcome will produce a ceasefire not a lasting peace. In this post-colonial age denying the Palestinian people their fundamental right of self-determination is almost certain to be unable to withstand the tests of time.

 

 

 

        5- In your opinion what is the recipe or formula to make all Palestinians join together in pursuing common goal, which is the establishment of Palestine State?

 

I have partially given my answer to this question in earlier responses to your questions. In essence, I am arguing that given the present outlook in Israel, as well as regional and global considerations,

It is not possible to envision the establishment of a Palestinian state even if Palestinians were able to achieve unity and went on to accept the 1967 boundaries excluding the Israeli settlement blocs along the border. Israel no longer hides its intention to expand its state boundaries to encompass the whole of ‘the promised land,’ considered a biblical entitlement within the dominant view of the Zionist project.

 

As earlier suggested, Israel will do its best to disrupt Palestinian efforts to overcome the cleavages in their movement so as to keep the Palestinian movement as fragmented as possible. As long as the United States continues its unconditional support Israel seems able to ignore the adverse character of international public opinion, as exhibited at the UN and elsewhere. Israel makes little secret of the absence of any  pressure to seek a political compromise. Ever since the 1990s a political compromised has been assumed to mean an independent  Palestinian state. Only recently, as Israel’s expansionism has made a Palestinian state a diplomatic non-starter and even a political impossibility has the idea of a single state embracing both peoples gained traction.

 

This shift to a one-state approach has taken to two forms: a single democratic secular state in which the expansionist goals of Zionism are renounced, and no longer would a Jewish state as such exist. Jews would have to accept equality of treatment within such a non-ethnic state, although the establishment of a Jewish homeland might be possible. The alternative single statehood model would be to absorb all Palestinians into a single Jewish state of Israel, perhaps conferring full or more likely partial citizenship rights to Palestinians. Both of these statehood models are post-diplomatic, as is the PA effort to establish a state of its own while enduring a prolonged occupation.

 

The Israeli version of a single state outcome of the struggle is more in keeping with present realities than is the Palestinian version. Such as assessment also gains strength by noting that the main Arab neighbors of Israel, in particular Egypt and Saudi Arabia, have withdrawn support for Palestinian national aspirations, and are actively cooperating with Israel, giving an Arab priority to the containment of extremist threats to their governments and to their sectarian rivalry with Iran. All in all, the regional and global geopolitical trends of late remove almost all incentives on the Israeli side to do anything other than to manage the favorable status quo until the moment arrives when it seems right to declare and claim that the boundaries of New Israel encompass of the entire territory managed between the two world wars as the British Mandate of Palestine.

 

As matters now stand it is utopian to anticipate a Palestinian state or a single secular democratic state, but these conditions that seem currently so favorable to Israel are unstable and deceptive, and unlikely to last. There are signs that a position of balanced support as between  Israel and Palestine is gaining strength in the West, especially among the American public. Account should also be taken of a growing global solidarity movement that has become more militant, and exerts greater pressure on Israel, especially by way of the Boycott, Divestment, and Sanctions Campaign (BDS). In this respect, conditions could change rapidly as happened in South Africa in the early 1990s against all expectations and expert opinion at the time. Israel is increasing regarded as an apartheid state, which the Knesset itself virtually acknowledged by enacting in 2018 the Basic Law of the Nation-State of the Jewish People. Finally, it should be appreciated that by virtue of Article 7 of the Rome Statute of the International Criminal Court, apartheid is classified as a crime against humanity. The experience of South Africa, although very different in its particular, is instructive with respect to the untenability over time of apartheid structures of control over a resisting ethnicity. Whatever the governance arrangement, Palestinian resistance will produce a cycle of insurgent and repressive violence, and this can provide stability for Israel only so long as its apartheid regime remains in place. If the apartheid regime is dismantled it would be accompanied by the end of any claim to impose a Jewish state on the Palestinian people.

Interview on Israel, Palestine, and Peace

14 Sep

[Prefatory Note: The interview below, conducted by C.J. Polychroniou and Lily Sage (bios at the end of the interview) was published in TruthOut on Sept. 10, 2016. It is republished here with a few stylistic modifications, but substantively unchanged. It is relevant, I suppose,to report that subsequent to the interview the U.S. Government and Israel have signed a military assistance agreement promising Israel $38 billion over the next ten years, the largest such commitment ever made. Such an excessive underwriting of Israel’s policies and practices should be shocking to taxpaying Americans but it passes almost noticed below the radar. It is being explained as a step taken to ensure that Obama’s legacy is not diminished by claims that he acted detrimentally toward Israel, but it is, pathetically, one of the few instances of genuine bipartisanship in recent U.S. foreign policy. Again, we should grieve over the extent to which ‘reality’ and morality is sacrificed for the sake of the ‘special relationship’ while looking the other way whenever the Palestinian ordeal is mentioned.

The initial question pertaining to Turkey is explained by my presence in that turbulent country when the interview was conducted.]

 

 

“A Continuous War Mentality”: Richard Falk on Israel’s Human Rights Abuses

Polychroniou & Sage: Israel’s treatment of Palestinians mirrors the abominable system of apartheid in South Africa, but many members of the “international community” who fueled the gradual delegitimization and eventual collapse of South Africa’s apartheid regime are failing to apply similar pressure against Israel. In fact, many nations are even strengthening their ties with the Israeli government.

 

Even Greece has established close ties to Israel under the opportunistic Syriza government, while Sultan Erdogan in Turkey has also begun a process of kissing up to Israel after a few years of pursuing an “antagonistic” relation with the US’s closest ally under the pretext of expressing solidarity towards the Palestinian cause. Meanwhile, the increased militarization of Israeli society continues to intensify the oppression and subjugation of Palestinians.

 

The Israeli government has recently suggested that a “normalization” process is underway with the Palestinians, but in reality Israel’s construction of illegal settlements continues unabated, and the right-wing politicians inside Israel who portray Palestinians as an “inferior race” are gaining ground. This is exactly what “normalization” has always meant in Israeli political jargon: continuing to commit abominable human rights violations against Palestinians while the world looks away. Indeed, apartheid, annexation, mass displacement and collective punishment have become core policies of the state of Israel.

 

 

After years of intense antagonism, the Erdoğan regime has begun making overtures once again to Israel. Why now?

 The normalization agreement with Israel needs to be appreciated as part of a broader foreign policy reset that started well before the failed coup attempt of July 15th. The basic Turkish motivation appears to be an effort to ease bilateral tensions throughout the region, and as Turkish Prime Minister Binali Yildirim has expressed it, “make as many friends as possible, and as few enemies.” It is the second coming of what had earlier gained political traction for Turkey throughout the region in the first 10 years of AKP (Justice and Development Party) leadership with the slogan “zero problems with neighbors.”

 

The main reset by far is with Russia, which had become an adversary of Turkey in the context of the Syrian War, but Israel is a close second. [Israel’s relationship with Turkey] had been in freefall after Erdoğan harshly criticized Israel at the World Economic Forum in 2009, directly insulting the then-Israeli President Shimon Peres, who was present.

 

Then in 2010 came the Mavi Marmara incident, when Israeli commandos boarded a Turkish ship carrying humanitarian aid to Gaza, and directly challenging the Israeli blockade together with a group of smaller boats filled with peace activists in an initiative known as the Freedom Flotilla. The Israeli attack on the Mavi Marmara resulted in nine Turkish deaths among the peace activists on the ship and pushed the Israeli-Turkish relationship close to the brink of war. For the past year or so both sides have shown an interest in de-escalating tensions and restoring diplomatic normalcy. And Turkey, now more than ever, would like to avoid having adversary relations with Israel, which is being given precedence over Turkey’s support of the Palestinian national struggle.

 

Israeli Prime Minister [Benjamin] Netanyahu said recently that he cares more about the Palestinians than their own leaders. Do you wish to offer a comment on this statement?

 

Netanyahu has a gift for exaggerated, bombastic, and misleading, often outrageous political language. This is a clear instance. There are plenty of reasons to question the adequacy of the Palestinian Authority as the representative of the Palestinian people in advancing their national struggle. But to leap from such an unremarkable acknowledgement to the absurd claim that Netanyahu cares more about the Palestinian future than do Palestinians themselves represents a grotesque and arrogant leap into the political unknown. It is Netanyahu who led the country to launch massive attacks against Gaza first in 2012, and then again in 2014. It is Netanyahu who has pushed settler expansion and the Judaizing of East Jerusalem. For Netanyahu to speak in such a vein is to show his monumental insensitivity to the daily ordeal endured by every Palestinian and to the agonies associated with living for so long under occupation, in refugee camps, and in exile.

 

What do you make of the “anti-normalization” campaign initiated by some Palestinian factions and the Boycott, Divestment and Sanctions (BDS) movement?

 

I think the BDS campaign makes sense under present conditions. These conditions include the recognition that the Oslo “peace diplomacy” is a dead-end that for more than two decades gave Israel cover to expand settlements and the settler population. They also include the realization that geopolitical leverage of the United States at the UN blocks all efforts to exert meaningful political pressure on Israel to reach the sort of compromise on issues of land, refugees, borders, water, settlements and Jerusalem that is indispensable if sustainable peace arrangements are to be agreed upon by Israelis and Palestinians.

 

Against this background, it is important to recognize that civil society is presently “the only game in town,” and that BDS is the way this game is being played at present with the benefit of Palestinian civil society guidance and enthusiasm. Whether this campaign can exert enough pressure on Israel and the United States to change the political climate sufficiently to induce recalculations of national interest — only the future can tell. Until it happens, if it does, it will be deprecated by Israel and its Zionist supporters. While being dismissed as futile and destructive of genuine peace initiatives its participants will be attacked. A major effort is underway in the United States and Europe to discredit BDS, and adopt punitive measures to discourage participation.

 

Israel’s pushback by way of an insistence that BDS is seeking to destroy Israel and represents a new virulent form of anti-Semitism suggests that BDS now poses a greater threat to Israel’s concept of an established order than armed struggle or Palestinian resistance activities. Major Zionist efforts in the United States and elsewhere are branding BDS activists as anti-Semites.

 

It seems clear that nearly the entirety of the population of Israel and Palestine are in a constant trauma-reification cycle that began when Israel largely became inhabited by traumatized Jewish refugees, post-WWII. Do you think it is possible to overcome this, and would it be possible to find a peaceful resolution if this didn’t occur?

 

This is an insightful way of conceiving of the toxic interactions that have taken place over the years being harmful, in my view, to both people. However, unless the assertion is seriously qualified, it suffers from a tendency to create impressions of symmetry and balance, when the reality of relations from the outset, especially since the Nakba [the mass displacement of Palestinians from their homes and villages in 1948], has been one of oppressor and oppressed, invader and invaded, occupier and occupied. It is undoubtedly true that Israeli ideas about the use of force and security were reflections of their collective trauma and Holocaust memories, and Zionist ideology.

 

This Israeli narrative is further reinforced by biblical and ancient historical claims, but it is also the case that the Palestinians were invaded in their habitual place of residence, and then occupied, exploited, dispossessed and turned into refugees in their own country, while Israelis came to prosper, and to establish a regional military powerhouse that has enjoyed the geopolitical reinforcement of an unprecedented special relationship with United States. The early politics surrounding the establishment of Israel were also strongly influenced by the sense of guilt that existed in Western liberal democracies after World War II. Such guilt was epitomized by the shame associated with the refusal to use munitions to disrupt the Holocaust through air bombardment.

 

Under Netanyahu, Israel has moved dangerously closer to becoming a fundamentalist and neo-fascist state, although long-standing Israeli propaganda has it that “Israel is the only democracy in the Middle East.” In your view, what accounts for the transformation of Israel from a once-promising democracy to an apartheid-like state with no respect for international law and human rights?

 

I believe there always were major difficulties with Israel’s widely proclaimed and internationally endorsed early identity as a promising democracy guided by progressive ideals. This image overlooked the dispossession of several hundred thousand Palestinian residents, the destruction of hundreds of Palestinian villages, and the long-term discriminatory regime of military administration imposed on the remaining Palestinian minority that coincided with the establishment of the newly established Israeli state. What is important to appreciate is that this 20th-century process of state-creation took place in an era that was increasingly imbued with anticolonial activism that was at odds with the project to establish Israel from its international genesis and given a colonialist certificate of approval by way of the Balfour Declaration in 1917). Even taking into the Holocaust into account as the culminating historic tragedy of the Jewish people there is no way evading the conclusion that the establishment of Israel amounted to a European colonialist imposition on the Arab world and the latest instance of settler colonialism, although abetted by the Zionist mobilization of world Jewry on behalf of establishing a Jewish state in Palestine.

 

 

Against this background, Israel became embattled in various ways with internal Palestinian resistance and regional hostility that produced several wars. In that process, a series of developments moved Israel further and further toward the right. A continuous war mentality tends to erode democratic structures and values even under the best of circumstances. Military successes, especially after the 1967 War, created a triumphalist attitude that also solidified US geopolitical support and made it seem possible for Israel to achieve security while expanding its territorial reality (via settlements) at Palestinian expense. Israeli demographics over the years, involving large-scale immigration of Sephardic and Russian Jews and high fertility rates among Orthodox Jews, pushed the political compass ever further to the right. These key developments were reinforced by Israeli public opinion that came to believe that several proposals put forward by Israel to achieve a political compromise were irresponsibly rejected by the Palestinians. These negative outcomes were misleadingly interpreted as justifying the Israeli conclusion that they had no Palestinian partner for peace and that the Palestinians would settle for nothing less than the destruction of Israel as a state. These interpretations are gross misreadings of the Palestinian readiness to normalize relations with the Israel provided a sovereign Palestinian state were to be established within 1967 borders and some kind of arrangements were agreed upon for those displaced from their homes in 1948.

 

Additionally, the supposed need for Israel to remain aggressively vigilant after Gaza came under the control of Hamas in 2007 led Israelis to entrusting the government to rightest leadership and in the process, weakened the peace-oriented political constituencies remaining active in Israel. In part, here, memories of the Nazi experience were invoked to induce acute anxiety that Jews suffered such a horrible fate because they remained as a group too passive in face of mounting persecution, and failed to take Hitler at his word. Fear-mongering with respect to Iran accentuated Israeli security-consciousness, and undercut more moderate political approaches to the Palestinians.

 

Have you detected any changes in US foreign policy toward Israel under the Obama administration?

 

There has been no change of substance during the eight years of the Obama presidency. At the outset in 2009 it seemed that the US government under Obama’s leadership was ready to pursue a more balanced diplomacy toward Israel, at first insisting that Israel suspend settlement expansion to enable a restart of the Oslo peace process with a fresh cycle of negotiations. When Israel pushed back hard, abetted by the powerful Israeli lobby in the US, the Obama administration backed off, and never again, despite some diplomatic gestures, really challenged Israel, its policies and practices, and its overall unilateralism. It did call Israeli settlement moves “unhelpful” from time to time, but stopped objecting to such behavior as “unlawful.” Washington never seemed to question the relevance of a two-state solution, despite the realities of steady Israeli de facto annexation of prime land in the West Bank, making the prospect of a Palestinian state that was viable and truly sovereign less and less plausible. Although, for public relations credibility in the Middle East, the Obama presidency continued to claim it strongly backed “peace through negotiations,” it did nothing substantive to make Israel respect international law as applied to the occupation of Palestine, and consistently asserted that the Palestinians were as much to blame for the failure of past negotiations as were the Israelis, fostering a very distorted picture of the relative responsibility of the two sides, as well as who benefitted and who lost from the failure to resolve the conflict. Western media tended to accept this pro-Israeli picture, making it appear that both sides were equally unready to make the concessions necessary to achieve peace.

 

What could make Israel change course regarding its treatment toward Palestinians and the “Palestinian question?”

 

The easy answer to this question is a sea change in Israeli outlook as to its security, combined with an insistence by the US government that continued backing of Israel was contingent on its adherence to international law and its credible readiness to reach a fair political compromise, whether in the form of a two-state or one-state solution, but based on a recognition that sustainable peace depends on acknowledging Palestinian rights under international law and a concern for the equality of the two peoples when it comes to issues of security, resources, and sovereignty. Such a shift in Israeli elite opinion could conceivably come about through a reassessment of Israeli prospects in reaction to mounting international pressures and continued Palestinian resistance in various forms. This seems to have been what happened in South Africa, producing an abrupt and unexpected change of outlook by the governing white leadership in Pretoria that signaled a willingness to dismantle its apartheid regime and accept a constitutional order based on racial equality and procedural democracy. Such a development will be dismissed as irrelevant by Israeli leaders until it happens, if it ever does, so as to avoid encouraging those mounting the pressures.

 

You served for many years as special rapporteur on Palestinian human rights for the United Nations Human Rights Council. Did that experience teach you anything about the Israeli/Palestinian conflict that you were not aware of prior to this appointment?

 

In many ways, it was a fascinating experience, in almost equal measure dispiriting and inspiring. UN Watch, acting as an Israeli surrogate within the UN, repeatedly targeted me with vicious contentions that I was an anti-Semite and a proponent of a variety of extremist and irresponsible views that didn’t represent my actual views. UN Watch, along with other pro-Israeli NGOs, organized a variety of protests with the purpose of canceling my speaking invitations throughout the world, and threatening institutions with adverse funding implications if they went ahead with the events. Although no speaking invitation was withdrawn or event canceled, it shifted the conversation at the event and in the media — often from the substance of my presentation to whether or not the personal attacks were accurate. Also, I know of several invitations that were not issued because of these institutional concerns with controversy.

 

I also learned in ways that I only suspected prior to my six years as Special Rapporteur on Human Rights for Palestine, what a highly politicized atmosphere prevails at the UN, and how much leverage is exercised by the United States and Israel to impair UN effectiveness in relation to Israel/Palestine. At the same time, I realized that from the perspective of strengthening the legitimacy and awareness of Palestinian claims and grievances, the UN provided crucial venues that functioned as sites of struggle.

 

Are there Israeli organizations working on behalf of Palestinians and their ordeal, and, if so, what can we do from abroad to assist their efforts?

 

There are many Israeli and Palestinian NGOs within Israel and in Occupied Palestine that are working bravely to protect Palestinians from the worst abuses of the Israeli state, both in Occupied Palestine and in Israel (as defined by the 1949 “green line”). On the Israeli side, these initiatives, although having no present political relevance so far as elections and governing policy is concerned, are important ways of maintaining in Israel a certain kind of moral awareness.

 

If the political climate changes in Israel due to outside pressure and a general recognition that Israel needs to make peace to survive, then those that kept the flame of justice and peace flickering despite internal harassment will be regarded, if not revered, with long overdue appreciation as the custodians of Jewish collective dignity. In the meantime, it is a lonely battle, but one that we on the outside should strongly support.

It is also important to lend support to the various Palestinian efforts along the same lines and to the few initiatives that brings together Jews and Palestinians, such as the Israeli Committee Against House Demolitions, of which scholar-activist Jeff Halper was a cofounder and remains a leader. There are many Palestinian initiatives under the most difficult conditions, such as Human Rights Defenders working courageously in and around Hebron, and of course, in Gaza.

 

There is an unfortunate tendency by liberal Zionists to fill the moral space in the West by considering only the efforts of admirable Israeli organizations, such as B’Tselem or Peace Now, when presenting information on human rights resistance to Israeli oppressive policies and practices. This indirectly marginalizes the Palestinians as the subject of their own struggle and in my view unwittingly denigrates Palestinian national character.

 

What’s the best way to explain the conversion of an oppressed group of people into oppressors themselves, which is what today’s Israeli Jews have structurally become?

 

This role reversal is part of the tragedy that Zionist maximalism has produced for the Jewish people living in Israel, and to some extent, for Jews worldwide. It has made the Nakba into a continuing process rather than an historical event that could have been addressed in a humane manner from the perspective of restorative justice as depicted so vividly and insistently by Edward Said, including in his influential 1993 book Culture and Imperialism. What has ensued has been a geopolitically conditioned unbalanced diplomacy that has served as a shield behind which Israel has been creating conditions for an imposed, unilateralist solution.

 

Israeli leaders, especially those on the right, have used the memories of the Holocaust, not as an occasion for empathy toward the Palestinians, but as a reminder that the well-being of Jews is based on strength and control, that Hitler succeed because Jewry was weak and passive. Further, that even the liberal West refused to lift a finger to protect Jews when threatened with genocidal persecution, which underscores the central Zionist message of Jewish self-reliance as an ethical and political imperative.

 

Psychologically, this general way of thinking is further reinforced by supposing that only the Israeli Defense Forces keeps Israel from befalling the fate of deadly Palestinian maximalism, a political delusion reinforced by images of a second Holocaust initiated by Iran or generated by the terrorist tactics attributed to Hamas. In effect, Israeli oppressiveness is swept under the rug of security, while the settlements expand, Gaza is squeezed harder, and the regional developments give Israel the political space to attempt an Israeli one-state solution.

 

The Interviewers

LILY SAGE

Lily Sage is a Montessori pedagogue who is interested in questions of symbiosis, intersectional feminism and anti-racist/fascist praxis. She has studied in the fields of herbalism, visual/performance art, anthropology and political theory in Germany, Mongolia and the US.

 

C.J. POLYCHRONIOU

C.J. Polychroniou is a political economist/political scientist who has taught and worked in universities and research centers in Europe and the United States. His main research interests are in European economic integration, globalization, the political economy of the United States and the deconstruction of neoliberalism’s politico-economic project. He is a regular contributor to Truthout as well as a member of Truthout’s Public Intellectual Project. He has published several books and his articles have appeared in a variety of journals, magazines, newspapers and popular news websites. Many of his publications have been translated into several foreign languages, including Croatian, French, Greek, Italian, Portuguese, Spanish and Turkish.

 

 

The Complex Problematics of Palestinian Representation

30 Jan

 

 

[Prefatory Note: This post is a much modified and enlarged version of an article published on January 1, 2016 in Middle East Eye. It attempts to address the current quandary that arises from the collapse of Oslo diplomacy and the seeming continuing encroachment of Israel on the territories long believed to provide the Palestinian people with a sovereign state of their own. Such a prospect, now unattainable for both practical and political reasons, contemplated a Palestinian state that would enclose a territory that was 22% of historic Palestine, or less than half of what the 1947 UN partition plan envisioned. For this forthcoming compromise to have become non-negotiable is clear evidence that Israel is in the process of adopting a unilateral solution that is based on the priority of its biblical claims and ethnic origin narrative to the whole of historic Palestine, referred to as Judea and Samaria plus Jerusalem in internal Israeli discourse. In effect, the Palestine right of self-determination is being unconditionally denied, and the Palestinian people given several unpalatable choices with respect to their future.]

 

While serving as UN Special Rapporteur for Occupied Palestine, especially in my early years between 2008 and 2010, I fully expected to encounter defamatory opposition from Israel and ultra-Zionist, but what surprised me at the time were various efforts of the Palestinian Authority (PA) to undermine my role at the Human Rights Council in Geneva. Its representatives exerted various pressures to encourage my resignation, and made unexpected moves to challenge my reports, especially if they described the actuality of Hamas exercising governing authority in Gaza. At the time I had the impression that the PA was far more concerned with this struggle internal to the Palestinian movement than mounting serious criticism of the abusive features of the occupation. As I was trying my best on behalf of the UN to report honestly on Israeli violations of Palestinian rights under international humanitarian law and human rights treaties, I was puzzled at first, and then began to wonder whether the Palestinian people were being adequately represented on the global stage.

 

This issue of representation has been rendered acute partly due to Israeli policies of fragmenting the Palestinian people, and then complaining that they have no partner with whom to make peace. Fragmentation indirectly subverts the right of self-determination by rendering ambiguous or unsatisfactory the nature of the self, that is, the people that is entitled to benefit from the right. The emphasis on this interplay between ‘self’ and ‘peoples’ arises from the authoritative language of Article I of the two human rights covenants that both make ‘self-determination’ the most fundamental of rights, which encompasses the others, and confers that right on ‘peoples’ rather than ‘states’ or ‘governments.’

 

The Palestinians are far from being the only people that is subjugated in ways that deny the ‘self’ the benefit of adequate representation. Consider the plight of the Kurdish people, or should it by now be ‘peoples,’ that can be traced back to the fragmentation imposed on Kurds by the manner in which colonial ambition reconfigured the political communities that has formerly been part of the Ottoman Empire in the ‘peace diplomacy’ that followed World War I. It is the notorious Sykes-Picot framework that was imposed on the region, and significantly responsible for the present turmoil that can be understood as a series of interrelated struggles by subjugated minorities to establish more natural political communities that protect their identities and their rights.

 

Jurists and politicians can spend endless hours debating whether the claimant of rights is indeed a people from the perspective of international human rights law. Many remember Golda Meir’s famous taunt, ‘Who are the Palestinians?’ There are many unrepresented peoples in the world that are marginalized in various settings, and none more regrettably than the 350 million so-called ‘indigenous peoples,’ victims of brutal dispossession, ethnic cleansing, genocide, and a variety of oppressive forms of subjugation. A truly humane world order would find ways to address historic grievances, while acknowledging that the past cannot be recreated or the present undone. There needs to be some good faith effort to reconcile the pastness of the past with overcoming the suffering being endured in the present. It is this process of reconciliation that Edward Said others articulated as the path to a sustainable peace for Jews and Palestinians.

 

Whatever the historic narrative that questions the emergence of Israel, as of the 21st century both practical and normative considerations converge on the quest for the dual realization of self-determination for Jews and Palestinians. Note that Zionism is a political project that was embraced by the Jewish people but it is not necessarily a reflection of self-determination for Jews if it encroaches on an equivalent Palestinian right. There is room for compromise, but only on the basis of accepting claims of equality, and refusing to treat the ‘settlements’ as part of the pastness of the past or to regard Palestinian refugees living in camps within and outside of Palestine as enjoying an inferior right of return or repatriation to that conferred on the Jewish people. Reasoning along this line makes it seem diversionary to continue the pursuit of a two-state solution, but this is a matter for the two peoples to decide by themselves if the right of self-determination is to be respected. And this prescribed course of action returns us to the issues surrounding the legitimacy and authenticity of representation. Until this issue is resolved a peace process is problematic if the goal is a sustainable and just peace.

 

Representation at the UN

 

Among the many obstacles facing the Palestinian people is the absence of any clear line of representation or even widely respected political leadership, at least since the death of Yasir Arafat in 2004. From the perspective of the United Nations, as well as inter-governmental diplomacy, this issue of Palestinian representation is treated as a non-problem. The UN accepts the Palestinian Liberation Organization (PLO) as the sole legitimate representative of the Palestinian people, although the reality of Palestinian governance to the PA since the Oslo diplomacy was initiated in 1993. A similar split between legal formalism and effective authority exists in international diplomacy although most of the 130 governments have extended diplomatic recognition to the PLO, rather than Palestine, despite its increasingly marginal role in the formation of national and international Palestinian policy in recent years. Ever since the General Assembly accorded recognition to Palestinian statehood in 2012 the question of representation has been settled in favor of the UN within the framework of the UN (UNGA Res. 67/19, 29 Nov. 2012).

 

This distinction between the PA and PLO is obscure for almost all commentators on the Israel/Palestine struggle, yet it has important implications for diplomacy and the scope and scale of Palestinian representation. The PA, headed by Mahmoud Abbas, is basically preoccupied with the West Bank and its own political relevance, and has seemed perversely aligned with Israel with respect to the fate of Gaza and even the 5-7 million Palestinian refugees worldwide. In contrast, the PLO, at least in conception and until the Oslo diplomacy took over, also in practice, conceived of its role to be the representation of Palestinians of a variety of political persuasions, as well as whether living under occupation or as refugees and exiles, that is, as a people dispossessed rather that a territory oppressively occupied.

 

The Oslo Diplomatic Fiasco

 

Among the flaws of Oslo was its affirmation of the delusion that a sustainable peace could be achieved simply by negotiating an end to the occupation of the West Bank, and maybe Gaza and East Jerusalem. The territorial remnant that was left after the Israeli withdrawal would then be viewed Palestine as a semi-sovereign state within these arbitrary borders. This ‘two-state’ international consensus even after its PLO endorsement in 1988 and regional incentives provided to Israel by the Arab Initiative of 2002 was, despite this, effectively killed by a combination of Israeli diplomatic rejectionism and its relentless.

 

The Israeli rejection of the two state option, which from a Palestinian perspective was at most a minimalist version of peace, was made manifest over the last 25 years by increasing the inhabitants of the settlement gulag, establishing at great expense an infrastructure of settler only roads, and through the construction of an unlawful separation wall deep in occupied Palestine. Yet the 20+ years of negotiation within this framework served Israel well as does the lingering illusion that the only viable settlement is still a rendering of the two-state solution. Sustaining this illusion also helps the United States, and Europe, and perhaps most of all the PA by keeping its international status credible. It allowed Israel the protective cover it needed to continue annexing, building, and cleansing until a point of practical irreversibility was reached some years ago. These defiant actions on the ground undermined effectively the two state mantra without suffering the slightest adverse consequence. This enabled the United States, especially, but also Europe, to sustain the international illusion of ‘a peace process’ while the realities on the ground were making ‘peace’ a dirty word of deceit. It has become a ‘zombie solution,’ where the proposal outlives its viability, and serves purposes other than what it claims.

 

Most of all, this Oslo charade made the PA seem like it was a genuine interim state-building stage preceding existential statehood. In a situation without modern precedent, the PA achieved a weak form of de jure statehood via diplomatic maneuvers and General Assembly partial recognition under circumstances that lacked the most essential attributes of de facto statehood. Usually the situation is reversed, with the realities of statehood serving as a precondition to its diplomatic and legal acknowledgement. Israel played along with this Palestinian game by denouncing such PA moves as outside the agreed Oslo plan of statehood to be achieved only through negotiations between the parties. Of course, Israel had its own reasons for opposing even the establishment of such a ghost Palestinian state as the Likud and rightest leadership were inalterably opposed to any formal acceptance of Palestinian statehood even if not interfering with Israel’s actual behavior and ambitions.

 

Interrogating the Palestinian Authority

 

Yet there are additional reasons to question PA representation of the Palestinian people in the present situation. Perhaps, the most fundamental of all is the degree to which the PA has accepted the role of providing security in accord with Israeli policy within those parts of the West Bank under its authority, which includes the main cities. It is thus hardly surprising that Ramallah suppresses many nonviolent resistance activities of the Palestinians, including demonstrations in support of the beleaguered people of Gaza. As well, the PA zealously apprehends those militant Palestinians alleged to be supporting Hamas or Islamic Jihad, and is accused of torturing many of those detained in its prisons often without charges. The PA has also consistently leaned toward the Israeli side whenever issues involving Gaza have arisen since the Hamas takeover of administrative governance from Fatah in 2007. Perhaps, the high point of this collaborationist behavior was the PA effort to defer consideration of the Goldstone Report detailing evidence of Israeli criminality in the course of its 2008-09 attack (Operation Cast Lead) on Gaza; such a move was widely and accurately perceived as helping Israel and the United States to bury these extremely damaging international findings that confirmed the widespread belief, already substantiated by a series of NGO reports, that Israel was guilty of serious war crimes.

 

There have been several failed efforts by the PA and Hamas to form a unity government, which would improve the quality of Palestinian representation, but would not overcome all of its shortcomings. These efforts have faltered both because of the distrust and disagreement between these two dominant political tendencies in occupied Palestine, but also because of intense hostile reactions by Washington and Tel Aviv, responding punitively and tightening still further their grip on the PA, relying on its classification of Hamas as ‘a terrorist organization’ that thus making it categorically ineligible to represent the Palestinian people. Everyone on the Palestinian side agrees verbally that unity is indispensable to advance Palestinian prospects, but when it comes to action and implementation there is a disabling show of ambivalence on both sides. The PA, and its leadership, seems reluctant to give up its international status as sole legitimate representative and Hamas is hesitant to join forces with the PA given the difference in its outlook and identity. Since 2009 there have been no elections that would lend grassroots legitimacy, at least in the West Bank, to the PA claims relating to representation.

 

What Should be Done

 

In the end, there is reason to question whether PA status as representing the Palestinian people in all international venues deserve the respect that they now enjoy. It is a rather complex and difficult situation that should be contextualize in relation to the Israeli strategy of fragmentation, one purpose of which is a deliberate effort at keeping the Palestinian people from having coherent and credible representation, and then contending disingenuously that Israel has ‘no partner’ for peace negotiations when in fact it is the Palestinian people that have no genuine partner in Tel Aviv as the Israeli leadership has made abundantly clear that it will never allow a viable and truly sovereign Palestinian state to be established.

 

Among diaspora Palestinians I believe there is an increasing appreciation that neither the PA nor Hamas are capable of such representation, and that greater legitimacy attaches either to the demands of Palestinian civil society that underlie the BDS Campaign or are associated with the person of imprisoned Marwan Barghouti or to Mustafa Barghouti who is the moderate, secular, and democratic leader of the Palestinian National Initiative situated in the West Bank. What these less familiar forms of representation offer, in addition to uncompromised leaders, is a program to achieve a sustainable peace that is faithful to the aspirations of the whole of the Palestinian people and is not compromised by donor funding, Israeli controls, collaborationist postures, and geopolitical priorities. It takes seriously the responsibility to represent the Palestininian people in ways that extend to the Palestinian refugees and to the Palestinian minority of 1.6 million living in Israel as well as to those living under occupation since 1967.

 

Overall, the picture is not black and white. The PA, partly realizing that they had been duped by the Oslo process and that Israel will never allow a viable state of Palestine to emerge, have resorted to a more assertive diplomatic positions in the last few years, including an effort, bitterly resisted by Israel to make allegations of criminality following from their controversial decision to become a party to the International Criminal Court. Also, it is important that the Palestinian chair at the UN not be empty, and there is no present internationally acceptable alternative to PA representation. Perhaps, an eyes wide open acceptance of the present situation is the best present Palestinian option, although the approach taken to representation is in the end up to the Palestinians. It is an aspect of the right of self-determination, which as earlier argued is the foundation for all other human rights. At the very least, given the dismal record of diplomacy over the course of the last several decades, the adequacy of present representation of the Palestinian people deserves critical scrutiny, especially by Palestinians themselves.

 

Two final observations are in order. First, it may be useful to distinguish what might be called ‘Westphalian representation’ from ‘populist representation.’ Westphalian representation is the outcome of intergovernmental diplomacy and controls access to international venues, including the UN. Populist representation may or may not reinforce Westphalian representation, and is based on the outlook of civil society if taking the form of a consensus. At present, there is some tension between these two ways of conceiving of representation. There is also the issue raised by the exclusion of Hamas from the operation of Westphalian representation despite its exercise of governmental control over a significant portion of the Palestinian territorial reality.

 

Secondly, it is relevant to appreciate that the PA seems to be pursuing a ‘two state’ solution by unilateral initiative rather through negotiations and the consent of Israel. Its state-building initiatives in the West Bank combined with its diplomatic statehood initiatives seem designed to generate a sort of ‘state’ that enjoys a certain international status even though the reality of subjugation under apartheid administrative structures remains the experience of the Palestinian people who continue to live with the ordeal of a quasi-permanent occupation.

UN Gaza Report Part II: Israel’s Counterinsuurgency Apologist: Colonel Richard Kemp

6 Jul

 

Retired British colonel, Richard Kemp, has been an ardent supporter of Israel’s three major military operations in Gaza conducted over the last six

years. He has collaborated on several occasions with the two notoriously pro-Israeli NGOs, UN Watch and NGO Monitor, serving on the Advisory Board of the latter and appearing as star witness under such auspices at the UN, most recently at a two-day side event at UN Headquarters in Geneva devoted to condemning the UN Commission of Inquiry Report on the Gaza War of 2014.

 

There is no doubt that Col. Kemp has the credentials to speak as a counterinsurgency specialist, having served as commander of British forces

in Afghanistan and elsewhere, where he acknowledges close cooperation with Mossad and the influence of Israeli tactics. In fairness, Kemp writes from such a militarist view with little effort to assess the relevance of international humanitarian law, treating ‘military effectiveness’ as determined by military commanders as the defining criterion of legality for a challenged battlefield practice. In his own words, “[i]t’s the dispassionate military perspective that I bring.” Of course, such an outlook ignores the relevance of international criminal law, which is to superimpose accountability as a constraining framework on this ‘military perspective.’ Actually, Kemp doesn’t so much ignore international criminal law as to (mis)interpret its rules so as to vindicate the tactics of the counterinsurgent side while condemning those of the insurgent.

 

On June 25, 2015 the New York Times published an opinion piece by Kemp assessing the UN Report. What I find scandalous and perverse on the part of this self-claiming authoritative media source, is to publish such a harsh and partisan dismissal of a prudent and overly balanced report without any kind of offsetting piece. I can only imagine the furor that would have been provoked if the NYT had published a piece by an expert in international criminal law, say William Schabas or John Dugard, calling for the indictment and prosecution of Israel’s political and military leaders on the basis of the Report. At least, if such a piece had been published alongside the Kemp article, NYT readers could have been exposed to the realities of controversy flowing from these UN allegations that Israel (and to a far lesser extent, Hamas) was guilty of war crimes.

 

Kemp begins his article with the claim that “..it pains me greatly to see words and actions from the UN that can only provoke further violence and loss of life.” As is ‘law’ imposed on the powerful and not their weaponry is responsible for violence and the loss of life in Gaza. We are not told exactly why reaches this perverse conclusion, but presumably Kemp believes that the condemnation of Israel’s use of indiscriminate and disproportionate force would embolden Hamas, and Palestinians generally, to continue to claim a right of resistance. What Kemp (and Israel) obviously seek is a circumstance in which whatever the dominant military forces do is validated by its effectiveness and what a population under domination does in opposition is condemned with the implication that resistance to Israel’s prolonged occupation is inherently unlawful.

 

Kemp’s puff piece is filled with bland endorsements of Israel’s most blatant propaganda. For instance, Kemp asserts, in complete disregard of the evidence, that Israel imposed the blockade on Gaza “only in response to attacks by Hamas.” While it is common knowledge, even in Israel, that the blockade has been maintained since 2007 as a ‘collective punishment’ imposed on the civilian population of Gaza, having little to do with security, which was mainly sustained by way of rigorous monitoring of all crossings to and from Gaza, and with Egypt’s cooperation at Rafah during the Mubarak era and since Sisi’s ascent. Kemp has nothing to say about Israel’s frequent lethal incursions into Gaza that have accompanied the occupation since it started in 1967, and he uncritically supports Israel’s distorted one-sided timeline that claims Israel only attacks in retaliation for missiles and mortar fire from Hamas, and never initiates violent interactions by on its own. Kemp also never refers to the ceasefires broken by Israel, as in the leadup to Operation Cast Lead at the end of 2008. Instead, as Kemp has written elsewhere of this earlier brutal attack on a vulnerable, cage population, “I can only say this: during Operation Cast Lead, the IDF did more to safeguard the rights of civilians in the combat zone than any other army in the history of warfare.”

 

Most disturbingly, Kemp writes in a condescending manner as follows: “The report is characterized by a lack of understanding of warfare,” as revealed by its failure to compare what Israel is doing with what the U.S. and Britain have done in Afghanistan, Iraq. In Kemp’s words, Israeli tactics are no different than those used extensively by American and British forces in similar circumstances.” What is most dangerous about this counterinsurgency worldview is its implicit reasoning that allows such conclusions to be set forth in good faith by professional soldiers. To begin with, Kemp is essentially correct that the counterinsurgency wars waged by the U.S. and Britain have relied on similar tactics, but does that make Israel’s pattern consistent with international law and morality? Most international law assessments of these uses of modern weaponry against densely populated civilian areas consider such tactics to be severe war crimes, not models to be invoked as validation.

Kemp’s state of play is revealed here: converting past crimes into authoritative precedents to justify present crimes, or to transform crimes into legitimate counterinsurgency tactics.

 

Beyond this, Israel’s tactics are worse in some instances than those of its predecessors. Whereas in Vietnam, the United States used its far less precise air power to inflict heavy casualties on the Vietnamese civilian population it refrained from attacking urban population centers as Israel did in the Gaza attack of 2014, as well as the earlier ones. Even in Falluja, the worst instance of American firepower directed at a city believed to be a center of insurgent opposition in Iraq to American occupation, the population was given ample time to vacate the city after warnings of impending attack. In contrast, except for the 800 Palestinians that held foreign passports who were allowed to leave Gaza, the remainder of the civilian population in Gaza was locked into the combat zone, losing even the desperate option of fleeing to safety by becoming a refugee. Col. Kemp, invoking his counterinsurgency experience and knowledge, never sees fit to mention such a damning ‘detail.’

Nor does he bother to point out that the whole of Gaza was a combat zone, and that civilians, including women and children, had no place of sanctuary and safety, other than to seek refuge in UN facilities and mosques, which then were turned into targets because of Israeli claims that weapons were stored in these places.

 

Parroting the worst elements of Israeli hasbara, Kemp sets forth this grotesque characterization of Hamas tactics: “Unable to inflict existential harm on Israel by military means, Hamas sought to cause large numbers of casualties among its own people in order to bring condemnation and unbearable diplomatic pressure against Israel.” To make such an extreme allegation without bothering to cite evidence is to portray Hamas as seeking the genocidal annihilation of its own people. This is an odd accusation in view of the evidence that Hamas became gained more popular support from the Gazan population after this Israeli attack than before, presumably because of its steadfastness under the most severe of pressures. Also, Kemp withholds comments on the repeated and strenuous efforts of Hamas to seek the renewal of the ceasefire prior to the initiation of the Israel onslaught in early July of 2014.

 

In effect, Kemp is appraising Israel’s behavior on the basis of the ‘new normal’ prevailing among counterinsurgency hawks that have led the West into war after war in its futile effort to defer the death of European colonialism, and its American sequel. What is done by the West is justified by military effectiveness (although without noticing that these wars have all been eventually lost), what is done by the forces of national resistance is criminalized if not demonized as ‘barbarism.’

 

 

It is not surprising that UN Watch and NGO Monitor organized an elaborate side event at the Palais des Nations in Geneva last week that featured Richard Kemp as its lead speakers, but included an array of other counterinsurgency specialists, with no attempt whatsoever to bring to bear the perspectives of international humanitarian law except in the spirit of Israeli apologetics. For description of this event held on June 29-30 see the home pages of either UN Watch or NGO Monitor. It is notable that unlike the response to the Goldstone Report in 2009 that featured denunciations of bias and personal attacks, the orchestrated reaction to COI report is more sophisticated, relying on a variety of substantive reports that set forth Israel’s claims of justification, a media blitz, along with major advocacy efforts by Israel’s well-trained NGO poodles.

 

A welcome contrasting vision, closer to law, morality, and reality is offered by Max Blumenthal in his new book, The 51 Day War: Ruin and Resistance in Gaza (2015). David Swanson, the noted anti-war activist, titles his review of Blumenthal’s book, “the 51-day Genocide” <http//davidswanson.org/node/4815> As Swanson puts it in his review of the book, “I can think of a few other words that characterized the 2014 assault on Gaza in addition to ‘war,’ among them, occupation, murder-spree, and genocide. Each serves a valuable purpose. Each is correct.”

 

UN Report on War Crimes during Israel’s 51 Day Assault on Gaza

6 Jul

 

 

Exactly a year ago, for 51 days between July 7 and August 26 Israel carried out its third major military assault (2008-09; 2012; 2014) on Gaza in the past six years. This last one, code named Operation Protective Edge by Israeli Defense Forces, was the most vicious, killing 2,251 Palestinians, of which 1,462 were civilians, and included 299 women and 551 children, as well as injuring 11,231, a number that includes 3,436 children, 10% of whom have permanent disabilities, and another 1,500 have been orphaned. Israel also suffered casualties: 73 killed of whom 67 were military personnel, and 1,600 injured. Additional to the human casualties, 18,000 Palestinian housing units were destroyed, along with substantial damage to Gaza’s electricity and sanitation systems, 500, 000 Palestinians (almost 1/3 of Gaza’s population) were forcibly displaced during the military operations and 100,000 remain so a year later, and 73 medical facilities and ambulances were destroyed or damaged. Due to the Israeli blockade, the aftermath of this onslaught has prevented a normal recovery, extending the period of suffering endured by the entire Gazan population. The magnitude of the Palestinian losses, as well as the comparison with Israeli losses, and the comparative ratio of civilians to military killed on the two sides, by itself suggests that the essential character of this Israeli undertaking is best understood as ‘state terror’ directed at Gaza’s population as a whole. Such conclusions are reinforced by Israel’s provocations during the month prior to the launch of the attack and by the refusal of its government even to consider frequent proposals by Hamas to establish long-term internationally supervised ceasefire proposals.

 

This one-sided impression of the events is not conveyed by the much anticipated UN Report of the Commission of Inquiry (COI) set up by the Human Rights Council to investigate violations of international human rights and international humanitarian law in July of 2014 that were occurring during Operation Protective Edge. The Commission was originally chaired by William Schabas, a leading world expert of international criminal law, but he resigned under pressure effectively mounted by Israel and the United States, centering on the discovery that Schabas has accepting a small consulting fee for some professional advice given to the Palestinian Liberation Organization a few years earlier. This unhappy development left the commission with only two members, Mary McGowan Davis from the United States and Doudou Déne from Senegal, with Judge McGowan being named as chair. Neither is considered expert in relation to the subject matter being investigated.

 

Balance amid Imbalance

 

The report strives for ‘balance’ carefully setting off violations by Israel against those of what it calls ‘Palestinian armed groups’ creating a profoundly false sense on the part readers as to equivalent responsibility for wrongful behavior by both Israel and Palestine. I agree with Ali Abunimah’s carefully formulated explanation for this misleading approach taken in the report and the deeper message being conveyed: “Despite the ‘balanced’ language that is now the habitual refuge of international officials hoping to avoid false accusations of anti-Israel bias, the evidence shows the scale and impact of Israel’s violence dwarfs anything allegedly done by Palestinians.” [See Ali Abunimah, “’Balance’ in UN Gaza Report can’t hide massive Israeli War Crimes,” Electronic Intifada, 22 June 2015] Or as the widely respected international NGO, BADIL, expresses a similar reaction: “In the language employed, there appears a desire to portray the adversaries as being on an equal footing, despite this being patently untrue, as revealed in the vast disparity in respective casualties and destructive capabilities…attempts to portray ‘balance’ where there is none is extremely problematic.” Typical of the imbalanced balance, the Report observes that “Palestinian and Israeli children were savagely affected by the events,” [§25] which is accurate in a literal sense, but a gross example of treating unequals equally, given the far greater severity of suffering endured by Palestinian children.

Looking for a glimmer of silver lining, some have endorsed this framing device of balance as justified to so as to persuade the mainstream media in the West, and especially the United States, to view the contents of the report more seriously as it cannot be dismissed simply by being called anti-Israeli, or worse, anti-Semitic.

 

As Abunimah emphasizes there is this strange mismatch between the strong evidence of Israeli disregard of legal constraints on military tactics that unduly imperil civilians and this rhetoric of balance, which in effect, assigns blame to both sides. This is not to argue that the criminality of resistance tactics employed by Hamas and associated military groups in Gaza should be entirely ignored, but rather that the primary human impact of Protective Edge was to leave Gaza bleeding and devastated, while Israel endured minimal damage and dramatically less destructive impacts on its societal order. Israeli damage was repaired almost immediately. In contrast, Israel’s refusal to allow ample reconstructions materials to enter has left substantial parts of Gaza in ruins, with many Gazans continuing to lack adequate shelter, remain homeless, displaced, and understandably traumatized.

 

 

 

 

Civilian Focus

 

Despite what might appear to be overly cautious language, a fair reading of the report supports three important conclusions:

  • that Israel’s supposed efforts to protect the civilian population of Gaza were grossly inadequate from the perspective of international humanitarian law, and probably constituted war crimes; and
  • that the military tactics employed by Israel on the battlefield were “reflective of broader policy, approved at least tacitly by decision-makers at the highest level of Government of Israel.”
  • that the focus was on the civilian victims rather than on a bland acceptance of arguments premised on ‘military necessity’ or ‘asymmetric warfare’: in the words of the report, “The commission considered that the victims and their human rights were at the core of its mandate.”

Such findings, coupled with the detailed evidence set forth in the body of the report, provide the International Criminal Court with a strong, if indirect, mandate to proceed further with its preliminary investigation of Israeli criminality in the Gaza War. Palestine is reinforcing this momentum by submitting its own body of evidence to back up allegations of Israeli criminality related to Protective Edge. The Commission makes clear that it is relying, as is customary for non-judicial inquiries of this sort, on a ‘reasonable grounds’ test of potential criminality [§11], which is not as rigorous as would be applied in an ICC trial of accused individuals where the test is often formulated “as guilty beyond reasonable doubt” or some wording to that effect.

 

The Report makes no pretension of making a professional determination as to whether criminal prosecution should follow from its findings, although in its Recommendations section it does urge both the ICC and national courts relying on Universal Jurisdiction to move forward with indictments and prosecutions if the apparent criminality of either side’s conduct is confirmed by further investigation. The ICC had already begun an investigation of its own in response to a Palestinian request after Palestine became a party to the Rome Treaty that provides the authoritative framework for addressing alleged international crimes at an international level. Whether the ICC can bring any perpetrators of Israel’s criminal policies to justice is extremely doubtful as Israel, a non-member, is certain to denounce the effort and the institution and refuse all forms of cooperation; it is relevant also to note that the ICC is not permitted to hold trials without the presence in the courtroom of those accused. Nevertheless, even the prospect of indictments and arrest warrants is itself a strong challenge to Israel’s approach to Gaza, and to the Palestinians generally, and it will further strengthen the BDS Campaign, as well as the wider global solidarity movement that rests on the delegitimizing of Israel’s policies and practices. It will also inhibit travel of Israeli political and military leaders to those countries that empower national courts to exercise universal jurisdiction in relation to well-evidenced allegations of violations of international criminal law.

 

Context

 

There are some definite positive elements in the Report beyond these general conclusions worth mentioning. Unlike prior assessments, including the Goldstone Report of 2009 dealing with Operation Cast Lead, the attack on Gaza that began on December 27, 2008, this new report specifies the context by referring to the Israeli blockade of Gaza as imposing “a continuing collective penalty against the population of Gaza,” [§15]. The Report fails to take the next logical step of identifying this penalty as a flagrant violation of Article 33 of the Fourth Geneva Convention that unconditionally prohibits any collective punishment, and hence is a continuing crime against humanity. Helpfully, though, the Report does say that “the impact of hostilities cannot be assessed separately from the blockade imposed by Israel.” This view is appropriately reinforced with the significant call for “a full and immediate lifting of the blockade,” [§24] although the relevance of the blockade is not stressed in the COI analysis of the combat tactics relied upon by both sides, which suffers from its resolve to appear ‘balanced.’

 

The Report also took innovative account of the fact that the Palestinians were suffering from ‘protracted occupation’ and that there was absent any prospect of peace between Israel and Palestine. [§14ff] Acknowledging that this defining reality has some bearing on the reasonableness of resistance tactics, and should be treated as relevant when assessing the severity of violations. In contrast, Israel as the occupier that has long not only failed to implement, but actively subverted, the unanimous Security Council injunction to withdraw from territory occupied in 1967, should be held to higher standards of compliance with international law by the UN. In the end, the incendiary question posed indirectly is “What are the Palestinians expected to do by way of resistance, considering that they lack precision weaponry and have long been victimized by a prolonged occupation that is oppressive and exploitative, and shows no sign of ending anytime soon?’

 

These contextual factors are also affected by a diplomatic context in which Israel insists on treating Hamas as a terrorist entity, despite the fact that Hamas has been offering long-term proposals for peaceful coexistence supervised by an international presence ever since it decided to pursue a political track to liberation when it participated successfully in 2006 elections in Gaza and the West Bank and effectively abandoned armed struggle, including suicide bombing, as its approach to liberation. Such a potential diplomatic path to Israeli security is not mentioned in the Report, or its legal correlative, that since World War II, recourse to war is legally valid only as a last resort even where legal claims of self-defense are well-grounded. In this regard, Israel’s refusal to explore a diplomatic alternative to war casts doubts on its claim to be acting in necessary self-defense. This diplomatic option for Israeli security should have been discussed in the Report even if it could not be definitively proven to exist. Also, not discussed, is whether given stage-setting Israeli anti-Hamas provocations in the West Bank, which are set forth in the Report, along with the absence of any substantial damage from Gaza rockets fired at Israel, the legal conditions for a claim of self-defense existed given the seeming absence of a prior armed attack as required by Article 51 of the UN Charter.

 

The Report relies on a methodology based on a reasonable interpretation of customary international law articulated by reference to three principles: of distinction (limiting attacks to discrete military targets) ; of proportionality (avoiding uses of force disproportionate to the value of the target); of precaution (taking reasonable measures to avoid civilian death and destruction). [§13] It is evident to the COI that Palestinian missiles, inaccurate and directed toward Israeli population centers, violate the principle of distinction even if they do little damage as do Israeli strikes directed at densely populated residential neighborhoods that inflict massive damage. For instance, the Report condemns the Israeli use of massive firepower against Rafah and Shuja’iya “in utter disregard of its devastating impact on the civilian population.” [§58] Although the Report finds that the use of human shields by either side is a violation of the laws of war, it fails to find sufficient evidence to reach any firm conclusion.

 

Recommendations

 

In the conclusions and recommendations of the Report there are various calls made for greater vigilance in following through, arguing that imposing accountability for violations of international criminal law is relevant to avoiding a repetition of the Protective Edge experience. In this spirit the Report indicates that the victims, in particular, stressed examining “the root causes of the conflict” as an essential step toward future. [§75] There was also a determined emphasis placed on overcoming impunity with respect to such crimes, and in particular, “Israel must break with its lamentable record in holding wrongdoers responsible.” [§76] There is also a specific call to support the work of the ICC, and for Israel to accede to the Rome Treaty that controls the operation of the ICC.[§86(e); 89(d)]

 

The recommendations that are most relevant are set forth in §86(d):

 

“To address structural issues that fuel the conflict and have a negative impact on a wide range of human rights, including the right to self-determination; in particular, to lift, immediately and unconditionally, the blockade on Gaza; to cease all settlement-related activity, including the transfer of Israel’s own population to the occupied territory; and to implement the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory.”

This enumeration is a departure from the tone and substance of balance, and calls upon Israel to bring its behaviour as Occupier into conformity with international humanitarian law. It refrains from mandating the dismantling of the unlawful settlements, but otherwise goes quite far in relation to human rights, including self-determination, settlement expansion, and the wall to address the most fundamental Palestinian grievances.

 

 

 

Conclusion

 

As might have been anticipated, despite the balance of the Report, it was attacked as biased even before being made public by Israel and the United States, and its presentation in an open debate at the Human Rights Council was boycotted. Israel went further, issued extensive report prepared under the aegis of the Israel Defense Forces that exonerated Israel on all counts. [Special Report, ‘Operation Protective Edge,’ Israel Defense Forces, June 2015; “The 2014 Gaza Conflict: Factual and Legal Aspects,” Israel’s Ministry of Foreign Affairs, June 2015] It also invited a group of ‘high-level’ military officers and diplomats to review the allegations, which also vindicated Israel’s claims in its consensus report. [“Key Preliminary Findings of the High Level International Military Group on the Gaza Conflict,” June 12, 2015, UN Watch home page] In effect, the familiar battle lines are drawn at inter-governmental levels, making it clear that nothing can be expected to flow from this Report beyond a further recognition that if the Palestinian struggle is to advance at this stage it will depend on the activism of civil society rather than on the policies of governments or the implementation of the Report’s recommendations by the United Nations.

At the same time, as with the earlier Goldstone Report, it is important that this COI fully documented the essential charges with elaborate evidence, and legitimates the coercive tactics of Palestinian resistance and the nonviolent militancy of the global solidarity movement. As the COI noted, Israel again refused cooperation with the investigative efforts from their outset. The political weight of the Report is augmented by the fact that its findings and recommendation were formally received with approval by a vote of 41-1 in the Human Rights Council.

As could be anticipated, the United States was the lone member of the HRC that refused support to the Report. Even Europe, voting as a unit, gave its positive endorsement. Human Rights Watch made the following observation: “The lack of support by the United States—the only state to vote against shows a disappointing unwillingness to challenge impunity for serious crimes during the Gaza conflict and to stand up for the victims of war crimes during the conflict.”

 

It is sad that despite the abusive attitudes exhibited by the Netanyahu government toward the Obama presidency there is no willingness on the part of Washington to back international criminal law in such circumstances of gross violation. When the United States Government, still the world’s most influential political actor, gives such precedence to the most cynical aspects of alliance politics it sends a powerful message that governments can freely abandon principled foreign policy whenever it conflicts with hard power calculations of geopolitics (and in this instance, more relevantly, with the soft power dynamics of American domestic politics).