The latest news reports that at least 14 were Palestinians killed and scores more than that number injured by Israeli soldiers using live ammunition against Nakba demonstrators at confrontations near the Israeli borders with Lebanon (Ras Maroun), Syria (Golan Heights), Gaza, and West Bank. An immediate reaction is to contrast sophisticated Israeli non-lethal crowd control when dealing with settler violence and the lethal responses to Palestinian resistance politics in these four distinct settings. All in all, what is exhibited by these encounters is an upsurge of Palestinian militancy, perhaps a prelude to a third intifada, and the continuity of Israeli reliance on excessive force designed to punish and intimidate, which is a characteristic severe violation of Israel’s duties as an occupying power as defined by international humanitarian law.
One of the many signs of the growing worldwide movement in support of the Palestinian struggle for their rights under international law and elemental morality is the increased international awareness of the Nakba. On this 63rd anniversary of the catastrophic Palestinian experience since 1948 when an escaping and expelled 760,000 Palestinians (now this dispossessed population has grown to 4.7 million; the 160,000 Palestinians who managed to stay behind in what became Israel now number 1.3 million) there is an encouraging sense that the destiny of the Palestinian people has entered a more hopeful phase: the Arab Spring, combined with earlier political developments in Turkey and Lebanon, have shifted the regional balance toward a greater identification with the Palestinian people and their just claims under international law and morality; the growing BDS worldwide campaign has extended the symbolic battlefield in the Legitimacy War against Israeli occupation, and related policies of apartheid, ethnic cleansing, barrier wall, blockade, settlements; the decision by the recently unified Palestinian leadership to seek acknowledgement of Palestinian statehood in the United Nations this September opening possibilities for further motivating the international community to live up to its responsibilities to address Palestinian grievances that have gone unanswered for these 63 years of UN endorsement of the valid establishment of Israel, despite it being a colonial settler state imposed on and carved out of historic Palestine; new signs of activism among the Palestinians living under occupation and in exile; the manifest and deplorable double standards involved in supporting the violent imposition of a No Fly Zone on Libya, which is in reality an effort to achieve regime change on behalf of a rebel insurgency of unknown character, while refusing to protect the people of Gaza who have severely victimized by a total blockade that has lasted almost four years, a massive case of deliberate and criminal collective punishment outlawed by Article 33 of the Fourth Geneva Convention. Against such a background the ongoing mobilization of public engagement on behalf of Palestinian rights should enlist all persons of conscience throughout the world, a populist dynamic that is happening and should intensify in the coming year. From this perspective it may soon be the case that the annual observance of the Nakba will be treated as the first truly global holiday the world has known.
Despite these developments there is no indication whatsoever that the Israeli leadership or public has any interest in achieving a sustainable peace or that it is prepared to desist from its expansionist and annexationist approach to the occupation of the West Bank and East Jerusalem. There are a few lonely Israeli voices calling for justice to the Palestinian people. For instance, Gideon Levy calling on Israel to teach ‘a different heritage lesson,’ that of the Nabka. Writing in Haaretz (15.5.2011) Levy writes, “Not only is it possible to permit the Israeli Palestinians to commemorate the day of their heritage and express their national and personal pain, something that should be self-evident, but also to teach us, the Jews, the other narrative..Only on the day that the pupils in Israel also learn about the Nabka, will we know that the earth is no longer burning under our feet..”
The Nakba is of course a day of grievance and resolve for all Palestinians including the several million living in refugee camps for decades in the countries surrounding Palestine and other millions in exile throughout the region and the world. A sustainable peace must realize the rights of all Palestinians, and must be broader and deeper than ending the occupation or establishing a Palestinian state. Palestinian representation to be legitimate and effective must keep faith with this wider Palestinian reality, and not confine its political program to a territorial imaginary. Just as the Palestinian solidarity movement is without boundaries so must be the campaign to achieve full realization of all of the rights of the dispossessed Palestinian people.
To live under Israeli occupation or as refugees for a day is difficult, for a week is unendurable, but to do so for decades is intolerable beyond words of outrage and empathy. We cannot grasp the enormity of this ordeal merely by underscoring the fact that Nakba occurred 63 years ago and that the added cruelty of the occupation started in 1967. Only the existential experience of being on the ground in occupied Palestine or visiting refugee camps in Lebanon, Jordan, or Syria can begin in a modest way to impart an understanding of the suffering and insecurity that is a daily reality of all those so confined, and even this can give rise to a false consciousness of ‘knowing.’ Those that visit can leave, those subject to regimen cannot, and that makes all the difference!
Below is the text of a press release issued in my capacity as Special Rapporteur for the Palestinian Territories Occupied since 1967, and released under the auspices of the Office of the High Commission for Human Rights in Geneva.
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16 May 2011
The UN human rights expert on the 63th anniversary of the Palestinian Nakba
GENEVA – The Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Mr. Richard Falk, marks the 63rd anniversary of the Nakba, the catastrophic beginning of the Palestinian tragedy of dispossession and occupation, with the following statement:
“I commemorate Nakba this year dismayed by the killing of demonstrators observing the day in the occupied Palestinian territory and elsewhere in the region.
Since the Nakba on 15 May 1948 Israel has continuously confiscated Palestinian land in order to build illegal settlements and populate them with Israeli citizens. It is astonishing that no one in the international community has stepped forward, after 63 years, to coerce Israel to comply with international law. Israel’s legacy of ethnic cleansing persists, and manifests itself in an array of challenges to the security of residency for Palestinians living under occupation.
“The construction of the Wall inside the West Bank results in an additional 12% of land confiscation and demolition of Palestinian homes, in flagrant defiance of the Advisory Opinion of the International Court of Justice.
“This past week seven Palestinian families in the West Bank village of al-Walaja received demolition orders. This is a reminder that the Nakba continues. Israel’s pursuit of what it calls ‘facts on the ground’ consistently forces Palestinians to abandon their homes, lands, and lives, creating a reality better understood as virtual annexation.
“This is a particularly notable Nakba anniversary, as it coincides with the release of information confirming that Israel secretly revoked as many as 140,000 residency permits of Palestinians between 1967 and 1994. This is not only another violation of Israel’s obligations as the Occupying Power under the Fourth Geneva Convention. It is also a glaring example of several sinister schemes that Israel has employed over the years to rid historic Palestine of its original inhabitants, in order to make space for Israeli citizens.
“The international community needs to take urgent action to compel Israel to end its confiscation and occupation of Palestinian land.”
ENDS
In 2008, the UN Human Rights Council designated Richard Falk (United States of America) as the fifth Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967. The mandate was originally established in 1993 by the UN Commission on Human Rights.
Learn more about the mandate and work of the Special Rapporteur:http://www2.ohchr.org/english/countries/ps/mandate/index.htm
OHCHR Country Page – Occupied Palestinian Territories:http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx
OHCHR Country Page – Israel: http://www.ohchr.org/EN/Countries/MENARegion/Pages/ILIndex.aspx
For more information and media requests, please contact Nikki Siahpoush (Tel.: + 41 22 928 9430 / email:nsiahpoush@ohchr.org) or write to sropt@ohchr.org.




Obama’s Flawed Approach to the Israel/Palestine Conflict
21 MayThere is no world leader that is more skilled at speechmaking than Barack Obama, especially when it comes to inspiring rhetoric that resonates with deep and widely held human aspirations. And his speech on Middle East policy, symbolically delivered to a Washington audience gathered at the State Department, was no exception, and it contained certain welcome reassurances about American intentions in the region. I would point to his overall endorsement of the Arab Spring as a demonstration that the shaping of political order ultimately is a prerogative of the people. Further that populist outrage if mobilized is capable of liberating an oppressed people from the yoke of brutal and corrupt dictatorships, and amazingly to do so without recourse to violence. Obama also was honest enough to acknowledge that the national strategic interests of the United States sometimes take precedence over this preferential option for democracy and respect for human rights. Finally, his proposed $1 billion in debt relief for Egypt was a concrete expression of support for the completion of its revolutionary process, although the further $1 billion tied to an opening to outside investment and a free trade framework was far more ambiguous, threatening the enfeebled Egyptian economy with the sort of competitive intrusions that have been so devastating for indigenous agriculture and industry throughout the African continent.
But let’s face it, when the soaring language is taken away, we should not be surprised that Obama continues to seek approval, as he has throughout his presidency, from the hawks in the State Department, the militarists in the Pentagon, and capitalist true believers on Wall Street. Such are the fixed parameters of his presidency with respect to foreign policy and explain why there is so much disappointment among his former most ardent followers during his uphill campaign for the presidency, who were once energized and excited by the slogan “change, yes we can!” Succumbing to Washington ‘realism’ (actually a recipe for imperial implosion), the unacknowledged operational slogan of the Obama presidency has become “change, no we won’t!”
Obama’s Pro-Israeli Partisanship
With these considerations in mind, it is not at all surprising that Obama’s approach to the Israel/Palestine conflict remains one-sided, deeply flawed, and a barrier rather than a gateway to a just and sustainable peace. The underlying pressures that produce the distortion is the one-sided allegiance to Israel (“Our commitment to Israel’s security is unshakeable. And we will stand against attempt to single it out for criticism in international forums.”). This leads to the totally unwarranted assessment that failure to achieve peace in recent years is equally attributable to Israelis and the Palestinians, thereby equating what is certainly not equivalent. Consider Obama’s words of comparison: “Israeli settlement activity continues, Palestinians have walked away from the talks.” How many times is it necessary to point out that Israeli settlement activity is unlawful, and used to be viewed as such even by the United States Government, and that the Palestinian refusal to negotiate while their promised homeland is being despoiled not only by settlement expansion and settler violence, but by the continued construction of an unlawful barrier wall well beyond the 1967 borders. Obama never finds it appropriate to mention Israel’s reliance on excessive and lethal force, most recently in its response to the Nakba demonstrations along its borders, or its blatant disregard of international law, whether by continuing to blockade the entrapped 1.5 million Palestinians locked inside Gaza or by violently attacking the Freedom Flotilla a year ago on international waters while it was carrying much needed humanitarian aid to the Gazans or the ethnic cleansing of Palestinian neighborhoods in East Jerusalem.
At least in Obama’s Cairo speech of June 2009 there was a strong recognition of Palestinian suffering through dispossession, occupation, and refugee status: “..it is also undeniable that the Palestinian people—Muslims and Christians—have suffered in pursuit of a homeland. For more than sixty years they have endured the pain of dislocation. Many wait in refugee camps in the West Bank, Gaza, and neighboring lands for a life of peace and security that they have never been able to lead. They endure the daily humiliations—large and small—that come with occupation. So let there be no doubt: the situation for the Palestinian people is intolerable. America will not turn our backs on the legitimate aspiration for dignity, opportunity, and a state of their own.” Of course, this formulation prejudges the most fundamental of Palestinian entitlements by confining any exercise of their right of self-determination as a people to a two-state straight jacket that may no longer be viable or desirable, if it ever was. And throughout the speech in Cairo there was never a sense that the Palestinians have rights under international law that must be taken into account in any legitimate peace process, taking precedence over ‘facts on the ground.’
But at least in Cairo Obama was clear on the Israeli settlements, or reasonably so: “The United States does not accept the legitimacy of continued Israeli settlements. This construction violates previous agreements and undermines efforts to achieve peace. It is time for the settlements to stop.” Even here Obama is only pleading for a freeze (rather than dismantling what was unlawful). In the new speech settlement activity is blandly referred to as making it difficult to get new negotiations started, but nothing critical is said, despite resumed and intensified settlement construction in the West Bank and East Jerusalem. This unwillingness to confront Israel on such a litmus test of a commitment to a negotiated peace is indicative of Obama’s further retreat from even the pretense of balanced diplomacy as measured against Cairo.
And there were other demonstrations of pro-Israeli partisanship in the speech. On the somewhat hopeful moves toward Palestinian Authority/Hamas reconciliation as a necessary basis for effective representation of the Palestinian people at the international level, Obama confines his comments to reiterating Israeli complaints about the refusal of Hamas to recognize Israel’s right to exist. What was left unsaid by Obama is that progress toward peace might be made by at last treating Hamas as a political actor, appreciating its efforts to establish ceasefires and suppress rocket attacks from Gaza, acknowledging its repeated acceptance of a Palestinian state within 1967 borders buttressed by a long-term proposal for peaceful co-existence with Israel, and lifting a punitive and unlawful blockade on Gaza that has lasted for almost four years. It is possible that such an approach might fail, but if the terminology of taking risks for peace is to have any meaning it must include an altered orientation toward the participation of Hamas in any future peace process.
A Disturbing Innovation
Perhaps, the most serious flaw in the Obama conception of resumed negotiations, is the separation of the territorial issues from the wider agenda of fundamental questions. This unfortunate feature of his approach has been obscured by Israel’s evident anger about the passage in the speech that affirms what was already generally accepted in the international community: “The borders of Israel and Palestine should be based on the 1967 lines with mutually agreed swaps, so that secure and recognized borders are established for both states.” If anything this is a step back from the 1967 canonical and unanimous Security Council Resolution 242 that looked unconditionally toward “withdrawal of Israel armed forces from territory occupied in the recent conflict.”
Obama’s innovation involves deferring consideration of what he calls “[t]wo wrenching and emotional issues..the future of Jerusalem, and the fate of Palestinian refugees.” Leaving Jerusalem out of the negotiating process is in effect an uncritical acceptance of Israel’s insistence that the city as a whole belongs exclusively to Israel. What is worse, it allows Israel to continue the gradual process of ethnic cleansing in East Jerusalem: settlement expansion, house demolitions, withdrawal of residency permits and deportations, and overall policies designed to discourage a continued Palestinian presence. It must be understood, I believe, as an unscrupulous American acceptance of Israel’s position on Jerusalem, which is not only a betrayal of legitimate Palestinian expectations of situating their capital in East Jerusalem but also a move that will be received with bitter resentment throughout the Arab world.
Similarly, the deferral of the refugee issue is quite unforgivable. As of 2010 4.7 million Palestinians are registered with the UN as refugees, either living within refugee camps under conditions of occupation or in precarious circumstances in neighboring countries within camps or as vulnerable members of the host country. This refugee status has persisted for more that 60 years despite the clear assertion of Palestinian refugee rights contained in General Assembly Resolution 194 adopted in 1948 and annually reaffirmed: “The refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date.” This persistence of the Palestinian refugee status six decades later is one of the most notorious denials of human rights that exist in the world today. To remove it from the peace process, as Obama purports to do, is to consign the refugees to an outer darkness of despair, and as such, is a telling disclosure of the bad faith embedded in the most recent Obama rendering of his approach to peace. Those who are dedicated to achieving a just peace for the two peoples—Israelis and Palestinians—are doomed to fail unless the refugees are treated as a core issue that can neither be postponed nor evaded without a grave betrayal of justice.
Legitimacy Confusions
And finally, Obama does his best to dash Palestinian hopes about their one effort to move their struggle a step forward, gaining their acceptance as a state by the United Nations in September of this year. In a perverse formulation of this reasonable, even belated, Palestinian effort to enlist international support for their claims of self-determination and statehood, Obama resorts to deflating and condescending language: “..efforts to delegitimize Israel will end in failure. Symbolic actions to isolate Israel at the United Nations in September won’t create an independent state.” This language is perverse because the Palestinian diplomatic initiative is meant to legitimize itself, not delegitimize Israel. And the BDS campaign and other international civil society initiatives carrying on the ‘legitimacy war’ being waged against Israel by way of the Palestinian solidarity movement are not aimed at delegitimizing Israel, but rather seek to overcome the illegitimacy of such Israeli unlawful policies and practices as the Gaza blockade, ethnic cleansing, wall building in defiance of the World Court, settlement expansion and settler violence, excessive violence in the name of security.
In many respects, Obama’s speech, aside from the soaring rhetoric, might have been crafted in Tel Aviv rather than the White House. It is a tribute to Israel’s extraordinary influence upon the American media that has been able to shift the focus of assessment to the supposed Israeli anger about affirming Palestinian statehood within 1967 borders. It is hardly a secret that the Netanyahu leadership, aside from its shrewd propaganda, is opposed to the establishment of any Palestinian state, whether symbolic or substantive. This much was confirmed by the release of the Palestinian Papers that established rather conclusively that behind closed doors even when the Palestinian Authority made concession after concession in response to Israeli demands, the Israeli negotiating partners seemed totally unresponsive, and appeared disinterested in negotiating a genuine solution to the conflict.
Underneath the Israeli demand for recognition of it character as a Jewish state is the hidden reality of a Palestinian minority of more than 1.5 million living as second class citizens within Israel. The Obama conception of “a Jewish state and the homeland for the Jewish people, and the state of Palestine as the homeland for the Palestinian people; each state enjoying self-determination, mutual recognition, and peace” seems completely oblivious to the rights of minority peoples and religions. Such ethnic and religious states seem incompatible with the promise of human dignity for all persons living within a political community. Homelands for a people are fine provided they do not encroach on pre-existing rights of others and do not claim exclusivity at the level of society or state. The Jewish claim in Palestine has the force of history behind it, but so Christians and others, and the Balfour certification should not mean much in a post-colonial era. It needs also to be acknowledged that the realization of a Jewish homeland in historic Palestine has long been abusive toward the resident population, and now to consign the Palestinians to a homeland behind the 1967 borders sends a regressive message. It offers Israel a covert way to invalidate the claims of refugees expelled in 1948 from Palestine, as well as overlooks the rights and wellbeing of the Palestinian minority living within Israel at present.
American Irrelevance and Palestinian Populism
In a profound sense, whatever Obama says at this point is just more words, beside the point. He has neither the will nor the capacity to exert any material leverage on Israel that might make it more amenable to respecting Palestinian rights under international law or to strike a genuine compromise based on mutuality of claims. Palestinians should not look to sovereign states, or even the United Nations, and certainly not the United States, in their long and tormented journey to realize a just and sustainable destiny for themselves. Their future will depend on the outcome of their struggle, abetted and supported by people of good will around the world, and increasingly assuming the character of a nonviolent legitimacy war that mobilizes moral and political pressures that assert Palestinian rights from below. In this regard, it remains politically significant to make use of the UN and friendly governments to gain visibility and legitimacy for their claims of right. It is Palestinian populism not great power diplomacy that offers the best current hope of achieving a sustainable and just peace on behalf of the Palestinian people. Obama’s State Department speech should be understood as merely the latest in a long series of disguised confessions of geopolitical impotence, but of one thing we can be sure, it will not be the last.
Tags: Barack Obama, Benjamin Netanyahu, Israel, Israeli settlement, Middle East, Palestinian people, United States, West Bank