Tag Archives: Israeli impunity

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

27 Jul

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

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

Richard Falk

Justifying US Sanctions

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

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

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

Background of Attacks on Albanese

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

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

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

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

Exposing the Genocidal Narrative of Alleged Retaliation

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

The Larger Stakes

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

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

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

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

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).