Tag Archives: Kushner

Remembering the World Court Advisory Opinion on Israel’s Separation Wall After 15 Years

10 Jul

Remembering the World Court Advisory Opinion on Israel’s Separation Wall After 15 Years

 

On July 9, 2004 the International Court of Justice (ICJ) in The Hague issued an Advisory Opinion by a vote of 14-1, with the American judge the lone dissenter, as if there would have been any doubt about such identity even if not disclosed. The decision rendered in response to a question put to it by a General Assembly resolution declared the separation wall unlawful, and that compliance with international law would require it to be dismantled and Palestinian communities and individuals compensated for harm incurred. As with the identity of the dissenting judge, the failure of Israel to comply with the decision was as predictable as the time of tomorrow’s sunrise.

 

Only slightly less anticipated was the American government response, which adopted its customary hegemonic tone, to instruct the parties that such issues should be resolved by politicalnegotiation, which even if heeded would end up as Israel wished, given the hierarchical relationship between Israel as occupier and Palestine as occupied. It doesn’t require a legal education to dismiss the American argument as fatuous at best, cynical at worst. The question put to the ICJ was quintessentially legal, that is, whether the construction of the separation wall on occupied Palestinian territory was or was not consistent with the Fourth Geneva Convention governing belligerent occupation.

 

Although the decision is labeled as an ‘advisory opinion’ it has the authoritative backing of a fully reasoned and documented consensus of the world’s most distinguished jurists as to the requirements of international law in relation to the construction of this 700km wall, 85% of which is situated on occupied Palestinian territory. The degree of authoritativeness of the legal analysis is enhanced by the one-sidedness of the decision. It is rare for a legal controversy before the ICJ to produce such near unanimity given the diversity of legal systems of the 15 judges and considering the civilizational and ideological differences that haunt world order generally.

 

This legaloutcome in The Hague was overwhelmingly endorsed politicallyby the General Assembly mandating Israeli compliance. It is disappointing that Israeli defiance of both the ICJ, the world’s highest judicial tribunal, and the General Assembly, the organ of the UN most representative of the peoples of the world, should have occasioned so little adverse commentary over the years. It is not only a further confirmation that the UN System and international law lacks the capacity to deliver even minimal justice to the Palestinian people but that such institutional authority is subject to a geopolitical veto, that is, international law without the backing of relevant power becomes paralyzed with respect to implementation.

 

When considering the constitutional right of veto given to the five permanent members of the Security Council as augmented by the informal geopolitical veto enabling dominant states to shield their friends as well as themselves from the constraints of international law, the dependence of law on the priorities of power becomes obvious, painfully so. It helps us grasp the perverse ways the world is currently organized.  It is truly pathetic that only the weak and vulnerable are subject to the constraints of law, while the strong and those shielded by the strong are the lawless overlords of this unruly planet.

 

The wall a notorious international symbol of coercive and exploitative separation, as epitomized by the apartheid security structures imposed on the Palestinian people as a whole has a grotesque pattern of implementation. Its ugly structures slice through and fragment Palestinian communities and neighborhoods, separating farmers from their farms, and creating a constant and an inescapable reminder of the nature of Israeli oppression.

 

It may put the issue of the separation wall in historical perspective to recall features of the Berlin Wall. During the Cold War it came to epitomize oppression in East Germany, and more generally in Eastern Europe. If the East German government had dared extend the wall even a few feet into West Berlin it would have meant war, and quite possibly World War III. And finally, when the wall came down it was an occasion of joyous celebration and a decisive moment in the historical dynamic that let the world know that the Cold War was over. It is helpful to appreciate that the Berlin Wall was designed to keep people in, while the Israeli Wall is supposed to keep people out.

 

There is also the question of motivation. As many have pointed out, the wall remains unfinished more than 15 years after it was declared necessary for Israeli security, which tends to support those critics that pointed out that if security was the true motive, it would have been finished long ago. Even if the claim is sincerely, in part, motivated by

security, it illustrates the unjust impacts of ‘the security dilemma’: small increments of Israeli security are achieved by creating much larger increments of insecurity for the Palestinians. Beyond security, it is obvious that this is one more land-grabbing tactic of the Israelis that is part of the wider Israeli strategy of treating ‘occupation,’ especially of the West Bank, as an occasion for ‘annexation.’ Even more insidiously, is the apparent Israeli intention to make Palestinian life near the wall so unendurable, that Palestinians relinquish their place of residence, ‘ethnic cleansing’ by any other name.  

 

What messages does this anniversary occasion deliver to the Palestinian people and the world? It is a grim reminder that the Palestinian people cannot hope to achieve justice or realize their rights by peaceful means. Such a reminder is particularly instructive as it comes at a time when intergovernmental efforts to find a political compromise between Israeli expectations and Palestinian aspirations has been pronounced a failure. This failure, again not surprisingly, has meant a dramatic shift in approaching ‘peace’ and ‘a solution’ from diplomacy to geopolitics, from the Oslo flawed diplomatic framework to the Trump ‘deal of the century’ or as Kushner has rephrased it, ‘peace to prosperity.’ Or more transparently phrased, it is ‘the victory caucus’ that Daniel Pipes and the Middle East Forum that he presides over has promoted so successfully in recent months, in effect, advocating a final betrayal of the rights of the Palestinian people, an approach that has evidently found a receptive audience in both the U.S. Congress/White House and the Israeli Knesset.

 

This geopolitical strategy is a thinly disguised attempt to satisfy Israel’s expectations as to borders, refugees, settlements, water, and Jerusalem while repudiating Palestinian rights under international law, including their most fundamental right of self-determination, supposedly a legal entitlement of all peoples in the post-colonial era.

The question that remains is ‘how much longer can the Zionist Project swim against the strong historical current of anti-colonialism?’

 

The answer in my view depends on whether the global solidarity movement, together with Palestinian resistance, can reach a tipping point that leads Israeli leadership to reconsider its ‘security’ and its future. Such a point was reached in South Africa, admittedly under quite different conditions, but with an analogous sense that the Afrikaner leadership would never give up control without being defeated in a bloody struggle for power.    

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What Comes After Bahrain?

6 Jul

Is there an ‘After’ After the Kushner show in Bahrain?

 

 

[Prefatory Note: The interview below was published by Tasmin New Agency on July 2, 2019, conducted by Mohammad Hassani. The text below has been somewhat modified.]

Q1: Bahrain hosted the so-called “Peace to Prosperity” conference to discuss what the US has described as the economic part of President Donald Trump’s “deal of the century”, a plan which aims to consign the Palestinian cause to oblivion. The Palestinian leadership boycotted the meeting on June 25 and 26 in Manama, leading critics to question the credibility of the event. In your opinion, what goals are the US and Israel pursuing by holding the conference? Would they reach their goals?

 

The ‘workshop’ in Bahrain should never have been evaluated without considering the overall approach taken by the Trump presidency to Israel and Palestine. The relationship to Israel pre-Trump had been one of leaning toward Israel while purporting to be ‘an honest broker,’ a thinly disguised partisanship. Since Trump became president the U.S. has dispensed with thin disguise, and become the avowed

partner of Israel and adversary of Palestinian goals. It manifested this shift in several concrete unprovoked policy shifts that were deliberately punitive toward the Palestinians. Such behavior was a strange prelude to a proclaimed ‘diplomatic’ initiative hyperbolically called ‘the deal of the century.’ Washington’s behavior clearly signaled an end to diplomacy based on agreement and consent of the parties, substituting coercion on behalf of the favored party and seeking submission by its adversary.

 

From such a perspective it should be understood that the purpose of ‘Peace to Prosperity’ is neither peace nor prosperity, but securing an Israeli ‘victory’ and a Palestinian surrender with respect to the political agenda of achieving basic national rights, especially the right of self-determination. Thus, the Manama meeting is a success to the extent it made the proposed bargain of economic normalization in exchange for political defeat seem of material benefit to the governments of the region and had some attraction for the Palestinian Authority and segments of the Palestinian people. The reactions to the event seem very subdued suggesting that the Kushner/Trump initiative has had very little, if any, political impact so far. The secondary objective is one of public relations, being able to blame the anticipated failure to achieve ‘the deal of the century’ on the Palestinians. I fear the Western mainstream media will lend some support to this outrageous claim, which confuses the rejection of American ultimatum, preceded by a series of pro-Israel policy moves (Jerusalem, settlements, UNRWA funding, closing the PLO information office Washington, endorsing Golan and West Bank annexations) hostile to the Palestinians as signaling this Trump shift from pro-Israeli partisanship of the Obama era to pro-Israeli coercive diplomacy currently practices by Washington.

 

Against this background, it is disingenuous for Israeli apologists such as Dershowitz and others to urge the Palestinians to listen with an open mind to what the Trump ‘peace initiative’ is proposing. To lend legitimacy to such coercive diplomacy would be a sign of weakness and an expression of illegitimacy by representatives of the Palestinian people. It would have been seen as an expression of Palestinian hopelessness. Instead, if their refusal to participate in such a macabre charade is linked to the resistance struggle in Gaza embodied in the Great March of Return, it is a moment for those of us in solidarity with the Palestinian struggle to lend greater support to nonviolent initiatives, including the BDS campaign.

Q2: Some analysts say that the Trump administration’s focus on an economic plan, led by his son-in-law and senior adviser Jared Kushner, is a strategic mistake that could stymie the peace negotiations even before they begin. What is your assessment of the US approach to the conflict and the future of the plan? Is it practical at all?

 

The Trump/Kushner ‘plan’ is not looking toward genuine diplomatic negotiations. It is trying to impose a one-sided Israeli victory, and treat the conflict as resolved. This overlooks the robustness of Palestinian resistance, dramatized by the Great March of Return in Gaza, and by the growing global solidarity movement, as featuring the BDS (Boycott, Divestment, and Sanctions) Campaign. It should be appreciated that such a campaign managed over time delegitimized South Africa’s apartheid regime to such an extent that it collapsed. Such a soft power Palestinian victory can still be expected if this combination of resistance, solidarity, and patience persist in a manner that imposes sufficient costs on Israel for its reliance on an apartheid structure to achieve its ‘security’ at the expense of Palestinian basic rights. The hope of most activists is that Israeli leaders and citizens will recalculate their interests so as to accept a political compromise based on the equality of rights of the two peoples coexisting with mutual respect in historic Palestine. Remember that all of the anti-colonial victories of the 20th century were achieved by the weakerside militarily and geopolitically.

Q3: Israeli occupation forces have killed 84 Palestinians during the first half of 2019, including eight women and 19 children, according to local media reports. On Friday, Israeli forces once again opened fire on Palestinians taking part in the peaceful “Great March of Return” protests, along the separation fence between the besieged Gaza Strip and occupied territories. According to media reports, more than 270 people, including 52 children, have been killed since the demonstrations began in March 2018. Most of the dead and the thousands wounded were unarmed civilians against whom Israel was using excessive force. Why has the international community, particularly the Western mainstream media, made a muted response to the Tel Aviv regime’s crimes against Palestinians so far?

Israel reliance on excessive force and collective punishment to deal with the Great March of Return, and its grievances and lawful demands, should be treated as violations of international humanitarian law of a severity that amounts to crimes against humanity. It is a shocking reflection of media bias that it accords massive attention to human rights violations in Turkey of a relatively lesser character, while ignoring and even rationalizing much more serious violations by Israel. Although Western liberals have counseled Palestinians to rely on nonviolence in their opposition to Israel, such reliance as in the Great March has been consistently met with brutal force by Israel and by virtual silence in the world media, by the governments of the world, and even by the United Nations. It is a case of geopolitics eclipsing moral and legal accountability exposing the lack of political

will to protect the innocent and vulnerable from abuse by the vindictive and militarily powerful.

 

The growing movement of global solidarity as reinforced by Palestinian acts of resistance to apartheid structures of oppression is the sole basis for a peaceful future for both peoples, Palestinians and Israeli Jews.

 

 

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Decoding the Pipes/Trump/Kushner  ‘Deal of the Century”

11 Sep

Decoding the Pipes/Trump/Kushner  ‘Deal of the Century”

 

You didn’t have to be a ‘never Trump’ loyalist to have qualms about proposing to bring peace to Palestinians and Jews by creating conditions that would produce ‘The Deal of the Century.’ And let’s be fair, if the game of nations is now played according to the rules of Madison Avenue, the phrase was a winner despite being a loser if evaluated from a problem-solving perspective. Even in the present degraded political atmosphere, to bet on an advertising slogan as a substitute for healing ideas may be a good formula for ensuring a large audience for a reality TV episode, but it is a cruel evasion when it comes to addressing the daily ordeal of the Palestinian people consigned to the victimization associated with living under the Israeli apartheid state.

 

What may be worse than Trump’s bombastic boasts is that here there seems to be a malevolent logic that underpins this mad proposal that springs from the ultra-Zionist imagination of Daniel Pipes. It was Pipes months ago, using the Middle East Forum as his ideational vehicle, issued a call for what he named ‘a victory caucus.’ Pipes, an intelligent and trained scholar, reasoned that the Oslo diplomatic track had failed badly as a means for ending the conflict via negotiations. He coupled this conclusion with the historical assertion that prolonged conflicts between ethnic antagonists rarely end by compromise or accommodation. They end with the victory on one side, and the acceptance of defeat by the other side.

 

So the trick, as Pipes came to believe, is to convince the Palestinians to accept the writing on the wall and acknowledge to themselves and the world that they have lost the battle to prevent the establishment of a Jewish state in Palestine or to bring into existence a sovereign state of their own. Pipes argues that an objective look at the diplomatic and military relation of forces in Palestine and the Middle East confirms this assessment of the political outcome even without factoring in the unwavering geopolitical support of the United States that provides unconditional support to Israel’s priorities with respect to the Palestinians.

 

With this understanding, the policy puzzle to solve for Pipes then becomes two-fold: how to convince the U.S. Government to shift from its failed promotional effort to negotiate a solution to one of helping Netanyahu’s Israel successfully impose one, and beyond this, how to exert enough additional pressure on the Palestinian situation on the ground and internationally so that their leaders will face reality and surrender their political claims once and for all, and be content with what would then be offered to them—a pledge of economic improvement in their circumstances.

 

On reflection, it does not seem so surprising that such extreme supporters of Israel as the trio of Kushner, Friedman, and Greenblatt are receptive to such an approach, and might have moved in a similar direction even without the Pipes contribution that provides a coherent rationalization. Consider the steps taken by the U.S. government over the course of the past eight months and a pattern emerges that seems to be only compressible as seeking the implementation of the Victory Caucus proposal:

Moving the American Embassy from Tel Aviv to Jerusalem, attacking the UN –including withdrawing from the Human Rights Council because of its anti-Israeli bias, freezing and then cutting off essential financial aid to the UNRWA operations in Gaza and the West Bank, closing the PLO office in Washington, turning a blind eye to Israel’s crimes against humanity committed in response to the Great March of Return at the Gaza fence, threatening the International Criminal Court, and giving tacit blessing to the accelerated expansion of unlawful Israeli settlements (already surpassing 600,000 settlers). There is no other way to read this series of provocative maneuvers other than as a series of signals to the Palestinian people, and most of all to their leaders, to grasp the futility of their suffering, which will intensify more and more if they do not act sensibly, and submit to whatever Israel proposes so as to complete the Zionist Project of dominating the whole of historic Palestine, the biblical rendering of ‘the promised land’ of Jewish entitlement.

 

To call this kind of coercive diplomacy on an already oppressed people ‘a deal’ is a linguistic travesty. It is more a bullying ploy than a deal, which implies the semblance of a meeting of minds. It is what I have called in this and other contexts a ‘geopolitical crime’ that deserves punishment and international condemnation, not careful consideration given to a serious effort to bring peace to the two peoples. In the future such an initiative is likely to be known as ‘the attempted ultimate crime of the century.’

 

Putting aside sentiments of distaste for the immorality and unlawfulness of this Pipes/Trump/Kushner approach, it is important to ask the awkward question, ‘will it work?’ Given the struggles and suffering endured by the Palestinian people over the course of more than a century, it seems that the Pipes Victory Caucus, like the Trump ‘deal,’ will face scornful repudiation, likely accompanied by dramatic renewals of Palestinian resistance as complement by more militant expressions of global solidarity activities. If we take account of the heroic persistence of the Great March at the Gaza border, despite the repeated atrocities committed by IDF defenders of Israel, and of the increasing worldwide support of the BDS Campaign, it seems reasonable to conclude that the deal of the century has been rejected even before it has been revealed with all its shabby window dressing, including ideas of redrawn boundaries with neighboring countries, permanently fragmenting the Palestinian people beyond the darkest imaginings. If, a big if, the Trump trio of ‘Israel, First’ advisors is at all smart this is a deal whose detailed nature will never be revealed for public scrutiny, and whose anticipated rejection will be hidden behind a PR avalanche of denunciations of Palestinian rejectionism as responsible of killing Trump’s plan for peace.

 

Underneath this attempt to make the Palestinians drink such a toxic brew is a flawed reading of the flow of history in our time. The sun has set on colonialism, and no matter how much geopolitical muscle is applied, this reality cannot be overcome. This kind of geopolitical crime will doubtless intensify Palestinian suffering while it also strengthens Palestinian resolve. In these kind of decolonizing struggles it is shifts in the soft powerbalances that most often produces change, and not the tilting of the geopolitical scales or dominance on the battlefield. People, not states and their armed forces, are the movers and shakers of our era, with governments left on the sidelines to weep over the outcome. The European colonial powers learned this the hard way in a series of bloody wars, which they lost despite their military superiority. The United States, despite its experiences in Vietnam, Iraq, and Afghanistan has yet to grasp the limits of military power in the post-colonial world, and so it keeps inventing weapons, tactics, and doctrine without learning this indispensable lesson in the shifting nature of power.

 

True, Oslo diplomacy was a failure that worked to the political benefit of Israel, and was rightly abandoned. But the Trump response to this failure amount to the criminalization of diplomacy that violates the most basic precepts of international law, as spelled out in the UN Charter. It amounts to waging an aggressive war against a vulnerable and helpless people. If the UN and the leading governments watch this dismal spectacle in stony silence it can only be fervently hoped that the peoples of the world will recognize the need for radical reform to avoid a catastrophic future, not just for the Palestinians, but for all of humanity.

 

 

 

 

  

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