Tag Archives: Netanyahu

Why the ICC’s Prosecutor’s Recommendation too Arrest Israeli and Hamas Leaders May Be Historic

23 May

[Prefatory Note: The following opinion piece was published in Middle East Eye  on May 22, 2024; also in Common Dreams. The situation surround the arrest warrants is evolving so rapidly as to justify a later revision. The situation surround the arrest warrants is evolving so rapidly as to justify a later revision.}

Why the ICC’s Decision to Recommend Arrest for Israeli and Hamas Leaders Is Historic

Ironically, the misplaced rhetoric of outrage from Israel and its allies has endowed the ICC’s pronouncements with an importance that the institution never before possessed.

RICHARD FALK

May 22, 2024Middle East Eye

2

The International Criminal Court this week made the first truly historic move since its establishment in 2002, with its chief prosecutor recommending arrest warrants against two top Israeli officials, Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and three prominent Hamas leaders.

As expected, both sides have denounced this ICC action in the strongest possible language. Because of Western media bias, the angry reactions from Israel and its allies have dominated the news cycle, while the official statement from Hamas has been largely ignored.

While each side chose a similar line of argument, there is a 180° difference in their substantive outlooks.

What is missing from the Israeli response has been any defense against the specificities of Israeli behavior, viewed around the globe as amounting to genocide.

Israel’s most fundamental objection to the prosecutor’s action is the supposed equivalence drawn between Hamas, which perpetrated the barbarous attack of October 7, and the democratically elected government of Israel, which says it acted to defend itself and restore the security of its population.

Hamas and its supporters are also appalled at the equivalence implied by the call for arrest warrants, which “equate[s] the victim with the executioner” in the context of an oppressive Israeli occupation that affirms Palestinian legal rights of resistance, including recourse to armed struggle.

In my judgment, the Israeli response is rhetorical and polemical, to the effect that Israel and its leaders can never be accused of criminality in a context shaped by what happened on October 7, identified as the worst attack on the Jewish people since the Holocaust.

Netanyahu called the recommendation for arrest warrants “a moral outrage of historic proportions”—a “travesty of justice” that sets “a dangerous precedent,” interfering with the right of democratic states to defend themselves.

Defense Lacking

What is missing from the Israeli response has been any defense against the specificities of Israeli behavior, viewed around the globe as amounting to genocide, as evidenced by growing protests even in the U.S., Israel’s most unwavering supporter.

The crimes and the evidence are delimited in the language of law, and they are certainly of a magnitude and severity to require a good-faith substantive response by Israel. Nothing less can convince world opinion that the ICC prosecutor exceeded his writ by proposing arrest warrants.

It is especially relevant to refer back to the International Court of Justice’s near-unanimous interim order in January as evidence that the charges against Israel’s leaders are hardly a disgrace or a dangerous precedent. That ruling gives firm, if provisional, grounds for believing that Israel’s violence after October 7 constitutes a deplorable instance of sustained genocide targeting the entire civilian population of Gaza.

Although U.S. officials now complain about jurisdictional obstacles to indicting nationals of countries that are not parties to the ICC’s Rome Statute, Washington enthusiastically supported the court’s hasty indictment of Russian President Vladimir Putin soon after the 2022 invasion of Ukraine.

To a far lesser extent, the same criticism applies to the Hamas response. Although the prosecutor should have addressed the context of a long abusive occupation and victimization in violation of international humanitarian law, this does not confer impunity on such criminal excesses as were committed on October 7.

The call to issue arrest warrants against Hamas leaders is dubious because of the absence to date of an impartial international investigation into what actually happened on October 7, and of evidence that the Hamas leaders—as opposed to other Palestinian resistance entities, such as Islamic Jihad—have been properly singled out.

It should come as no surprise that the U.S. leapt to Israel’s defense, joining in a rather mindless attack on the credibility of this treaty-based global tribunal, which has a mandate to investigate and take action against perpetrators of international crimes.

Although U.S. officials now complain about jurisdictional obstacles to indicting nationals of countries that are not parties to the ICC’s Rome Statute, Washington enthusiastically supported the court’s hasty indictment of Russian President Vladimir Putin soon after the 2022 invasion of Ukraine. Such double standards exhibit moral hypocrisy and juridical nihilism, with the U.S. invoking international procedures as foreign policy instruments rather than universally applicable norms.

Irrelevant Statement

In a striking phrase that could have come from the Israeli government, U.S. President Joe Biden said on Monday, “Whatever this prosecutor might imply, there is no equivalence—none—between Israel and Hamas.” He backed up this legally irrelevant statement with the categorical assertion that “we will always stand with Israel against threats to its security.”

Again, this is irrelevant. The only question is whether the evidence supports the issuance of arrest warrants. In reiterating such a one-sided stance, Biden is reinforcing the complaints of protesters everywhere that Washington is complicit in the most transparently reported genocide confirmed in real time, and not in retrospect or abstractly, as was the case even with the Holocaust.

Ironically, the misplaced rhetoric of outrage from Israel and its allies has endowed the ICC’s pronouncements with an importance that the institution never before possessed.

The Biden leadership, through its posture of unconditional support for Israel and irresponsible denunciation of the ICC, has turned its back on its own younger generation.

Beneath the smoke of controversy is the fire of a massive campaign of state terrorism that was projected at first as defensive and reactive violence, but quickly showed its true colours as premeditated violence and forced relocation of Palestinians in Gaza, increasingly remote from Israel’s genuine security concerns.

Also forgotten in the controversies of recent months is the context set by the Netanyahu government prior to the Hamas attack. Even in the West, this governing coalition was described as the most extreme in the history of Israel. What made it so was its undisguised effort to initiate a settler-led campaign to make life as unliveable as possible for Palestinians in the occupied West Bank, expressed by a message delivered in various ways to the effect of: “Leave or we will kill you.”

The Israeli government, including extremist cabinet ministers Itamar Ben Gvir and Bezalel Smotrich, green-lit this violence as part of their priority goal of unilaterally establishing Greater Israel, and ending all Palestinian prospects of statehood or any meaningful form of self-determination.

Multiple Failures

In addition, the fact that Israel received advance warning of a planned and rehearsed Hamas attack, possessed elaborate surveillance and informer capabilities, and reacted to the attack with uncharacteristic incompetence, all make it hard to believe that a massive response scenario was not already agreed upon by the Israeli leadership before a single hostage was seized.

When the Israeli retaliation did commence, it was immediately imbued with genocidal tactics and language, including policies to deprive Palestinians in Gaza of food, fuel, electricity, and water. Most revealing were the forced relocations of Palestinians from northern to southern Gaza, the gruesome attacks on hospitals and population centers, the use of starvation as a weapon of war, and the ongoing efforts to induce Egypt and other countries to accept large numbers of Palestinian refugees.

This sustained campaign seems to have become increasingly self-destructive from the perspective of Israeli security. Many Israelis now believe that the Netanyahu leadership is responsible for multiple failures: to destroy Hamas, to achieve the safe return of hostages, and to preserve the country’s reputation as a legitimate sovereign state.

By evading any mention of genocide, Khan can justly be accused of ignoring the elephant in the room.

The Biden leadership, through its posture of unconditional support for Israel and irresponsible denunciation of the ICC, has turned its back on its own younger generation, unleashing police brutality and punitive actions against pro-Palestinian activism. It has been totally irresponsible to pretend there is no legal merit to the charges of genocide being leveled against Israel; its behavior at the United Nations has damaged international law and the character of self-righteous liberal democracies.

The ICC prosecutor is also deserving of criticism. There is no proper equivalence between the one-off attack of October 7, despite its atrocities, and the seven-month Israeli campaign of death and devastation in Gaza.

Over time I suspect that the failure to address “genocide” will be regarded as the most shocking weakness in the prosecutor’s formal statement.

At the very least ICC Pros

Why the ICC’s Decision to Recommend Arrest for Israeli and Hamas Leaders Is Historic

Ironically, the misplaced rhetoric of outrage from Israel and its allies has endowed the ICC’s pronouncements with an importance that the institution never before possessed.

RICHARD FALK

May 22, 2024Middle East Eye

2

The International Criminal Court this week made the first truly historic move since its establishment in 2002, with its chief prosecutor recommending arrest warrants against two top Israeli officials, Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and three prominent Hamas leaders.

As expected, both sides have denounced this ICC action in the strongest possible language. Because of Western media bias, the angry reactions from Israel and its allies have dominated the news cycle, while the official statement from Hamas has been largely ignored.

While each side chose a similar line of argument, there is a 180° difference in their substantive outlooks.

What is missing from the Israeli response has been any defense against the specificities of Israeli behavior, viewed around the globe as amounting to genocide.

Israel’s most fundamental objection to the prosecutor’s action is the supposed equivalence drawn between Hamas, which perpetrated the barbarous attack of October 7, and the democratically elected government of Israel, which says it acted to defend itself and restore the security of its population.

Hamas and its supporters are also appalled at the equivalence implied by the call for arrest warrants, which “equate[s] the victim with the executioner” in the context of an oppressive Israeli occupation that affirms Palestinian legal rights of resistance, including recourse to armed struggle.

In my judgment, the Israeli response is rhetorical and polemical, to the effect that Israel and its leaders can never be accused of criminality in a context shaped by what happened on October 7, identified as the worst attack on the Jewish people since the Holocaust.

Netanyahu called the recommendation for arrest warrants “a moral outrage of historic proportions”—a “travesty of justice” that sets “a dangerous precedent,” interfering with the right of democratic states to defend themselves.

Defense Lacking

What is missing from the Israeli response has been any defense against the specificities of Israeli behavior, viewed around the globe as amounting to genocide, as evidenced by growing protests even in the U.S., Israel’s most unwavering supporter.

The crimes and the evidence are delimited in the language of law, and they are certainly of a magnitude and severity to require a good-faith substantive response by Israel. Nothing less can convince world opinion that the ICC prosecutor exceeded his writ by proposing arrest warrants.

It is especially relevant to refer back to the International Court of Justice’s near-unanimous interim order in January as evidence that the charges against Israel’s leaders are hardly a disgrace or a dangerous precedent. That ruling gives firm, if provisional, grounds for believing that Israel’s violence after October 7 constitutes a deplorable instance of sustained genocide targeting the entire civilian population of Gaza.

Although U.S. officials now complain about jurisdictional obstacles to indicting nationals of countries that are not parties to the ICC’s Rome Statute, Washington enthusiastically supported the court’s hasty indictment of Russian President Vladimir Putin soon after the 2022 invasion of Ukraine.

To a far lesser extent, the same criticism applies to the Hamas response. Although the prosecutor should have addressed the context of a long abusive occupation and victimization in violation of international humanitarian law, this does not confer impunity on such criminal excesses as were committed on October 7.

The call to issue arrest warrants against Hamas leaders is dubious because of the absence to date of an impartial international investigation into what actually happened on October 7, and of evidence that the Hamas leaders—as opposed to other Palestinian resistance entities, such as Islamic Jihad—have been properly singled out.

It should come as no surprise that the U.S. leapt to Israel’s defense, joining in a rather mindless attack on the credibility of this treaty-based global tribunal, which has a mandate to investigate and take action against perpetrators of international crimes.

Although U.S. officials now complain about jurisdictional obstacles to indicting nationals of countries that are not parties to the ICC’s Rome Statute, Washington enthusiastically supported the court’s hasty indictment of Russian President Vladimir Putin soon after the 2022 invasion of Ukraine. Such double standards exhibit moral hypocrisy and juridical nihilism, with the U.S. invoking international procedures as foreign policy instruments rather than universally applicable norms.

Irrelevant Statement

In a striking phrase that could have come from the Israeli government, U.S. President Joe Biden said on Monday, “Whatever this prosecutor might imply, there is no equivalence—none—between Israel and Hamas.” He backed up this legally irrelevant statement with the categorical assertion that “we will always stand with Israel against threats to its security.”

Again, this is irrelevant. The only question is whether the evidence supports the issuance of arrest warrants. In reiterating such a one-sided stance, Biden is reinforcing the complaints of protesters everywhere that Washington is complicit in the most transparently reported genocide confirmed in real time, and not in retrospect or abstractly, as was the case even with the Holocaust.

Ironically, the misplaced rhetoric of outrage from Israel and its allies has endowed the ICC’s pronouncements with an importance that the institution never before possessed.

The Biden leadership, through its posture of unconditional support for Israel and irresponsible denunciation of the ICC, has turned its back on its own younger generation.

Beneath the smoke of controversy is the fire of a massive campaign of state terrorism that was projected at first as defensive and reactive violence, but quickly showed its true colours as premeditated violence and forced relocation of Palestinians in Gaza, increasingly remote from Israel’s genuine security concerns.

Also forgotten in the controversies of recent months is the context set by the Netanyahu government prior to the Hamas attack. Even in the West, this governing coalition was described as the most extreme in the history of Israel. What made it so was its undisguised effort to initiate a settler-led campaign to make life as unliveable as possible for Palestinians in the occupied West Bank, expressed by a message delivered in various ways to the effect of: “Leave or we will kill you.”

The Israeli government, including extremist cabinet ministers Itamar Ben Gvir and Bezalel Smotrich, green-lit this violence as part of their priority goal of unilaterally establishing Greater Israel, and ending all Palestinian prospects of statehood or any meaningful form of self-determination.

Multiple Failures

In addition, the fact that Israel received advance warning of a planned and rehearsed Hamas attack, possessed elaborate surveillance and informer capabilities, and reacted to the attack with uncharacteristic incompetence, all make it hard to believe that a massive response scenario was not already agreed upon by the Israeli leadership before a single hostage was seized.

When the Israeli retaliation did commence, it was immediately imbued with genocidal tactics and language, including policies to deprive Palestinians in Gaza of food, fuel, electricity, and water. Most revealing were the forced relocations of Palestinians from northern to southern Gaza, the gruesome attacks on hospitals and population centers, the use of starvation as a weapon of war, and the ongoing efforts to induce Egypt and other countries to accept large numbers of Palestinian refugees.

This sustained campaign seems to have become increasingly self-destructive from the perspective of Israeli security. Many Israelis now believe that the Netanyahu leadership is responsible for multiple failures: to destroy Hamas, to achieve the safe return of hostages, and to preserve the country’s reputation as a legitimate sovereign state.

By evading any mention of genocide, Khan can justly be accused of ignoring the elephant in the room.

The Biden leadership, through its posture of unconditional support for Israel and irresponsible denunciation of the ICC, has turned its back on its own younger generation, unleashing police brutality and punitive actions against pro-Palestinian activism. It has been totally irresponsible to pretend there is no legal merit to the charges of genocide being leveled against Israel; its behavior at the United Nations has damaged international law and the character of self-righteous liberal democracies.

The ICC prosecutor is also deserving of criticism. There is no proper equivalence between the one-off attack of October 7, despite its atrocities, and the seven-month Israeli campaign of death and devastation in Gaza.

Over time I suspect that the failure to address “genocide” will be regarded as the most shocking weakness in the prosecutor’s formal statement.

At the very least ICC Prosecutor Karim Khan should have explained why it would have been legally premature to include this most serious and widespread allegation against Israel among the grounds for recommending that the ICC issue arrest warrants for Netanyahu and Gallant. By evading any mention of genocide, Khan can justly be accused of ignoring the elephant in the room.

Meanwhile, we should hope that the panel of judges will accept the prosecutors’s recommendation and issue warrants against Israeli and Hamas leaders—while also doing their best to erase the impression of equivalence. If the ICC sticks to its underlying principled position, it will enhance its reputation as a dimension of global governance not tainted by partisan geopolitics.

Can the ICC Finally Gain Credibility

13 May

[Prefatory Note: A quite different version of this opinion piece was published in Middle East Eye on May 7, 2024. Nothing substantive has happened in the intervening weeks, but I wanted to call more explicit attention to the crude efforts by Netanyahu to call openly for the exertion of pressure on the ICC by the United States and other ‘democracies,’ seeking to induce the ICC rejection of this Global South attempt to criminalize Israel’s use of force, purporting to a defensive operation justifiably seeking the destruction of Hamas and the release of hostages seized in the Hamas attack on October 7. Neither apologists nor critics have yet acknowledged the possibility that the genocidal fury of Israel’s response was partly motivated by the Greater Israel vision of the extremist coalition government headed by Netanyahu that has been governing Israel since the start of 2023, or more than nine months before the Hamas attack. This construction of the events does not seem to alter its criminal character one way or the other, but it does affect its political and moral interpretation, thereby helping us understand why Israel embarked on such an alienating course of action ignoring several alternatives if restored security was truly its dominated motivation.]

Taking the ICC Seriously: Who Would Have Thought Netanyahu Would Lead the Way

A Shaky Start for the ICC

Since its establishment in 2002 the International Criminal Court has struggled to find a path to legitimacy. Its establishment was a triumph for the Global South in extending the potential reach of international criminal law, although it was limited from the outset by its existence being situated outside the formal UN framework and by the failure of the geopolitical ‘big three’ of the US, China, and Russia to join, and in relation to present concerns, by Israel’s refusal. The ICC does have 124 members including the liberal democracies in Western Europe, all states in South America, most in Africa, and  many in Asia. Despite this wide representation it has struggled throughout its existence for recognition, influence, respect, and legitimacy.

In its early years it was blamed for focusing its activities on the alleged wrongdoing of sub-Saharan African leaders, suggesting a racialist bias. Then later on, in relation to US and Israel’s alleged crimes in Afghanistan and Occupied Palestine, the ICC prosecutor sat on the files containing abundant evidence justifying at the very least, diligent investigations to determine whether indictments and prosecution were legally warranted, and by doing nothing, an impression formed that the ICC was so weak that it could not hope to resist geopolitical, Western backdoor manipulations. ICC inaction in this instance was partly attributed to the radical ultra-nationalism of the Trump presidency that had the temerity to impose personalized sanction on the prosecutor of the ICC should the tribunal open a case against either the US or Israel.

The story goes on, but with new twists. When Russia attacked Ukraine in early 2022, the ICJ was called upon by the NATO West to act with unaccustomed haste. It obliged by expediting its procedures to move forward on an emergency basis a determination as to whether Putin and others should be immediately indictment for war crimes. This unusual request for haste again appeared to serve the interests of the West, again somewhat racialized by the fact that ICC activism was on behalf of a white, Christian victim of alleged war crimes, and had never before been so enlisted. The ICC obliged, including issuing arrest warrants for Putin and a close assistant, confirming the suspicion that it could be bullied by even non-parties to the Rome Statute that state adhered to if seeking status as parties. Such haste with respect to Russia has not evident with regard to the far greater urgency, given the magnitude and severity of the unfolding humanitarian catastrophe in Gaza in the context of controversial happenings during the last several months. To date the ICC has withheld a response to the legal initiative of Chile and Mexico to enforce the Genocide Convention on the Prevention and Punishment of the Crime of Genocide.

These governments were seeking an ICC investigation and appropriate responses to Israel’s apparent gross violations of the Genocide Convention committed in the course of carrying out its retaliatory attack on Gaza after October 7. Israel’s disproportionate response seemed designed from its outset to ignore the civilian innocence of the Palestinian people in Gaza in a prolonged orgy of collective punishment, itself a violation of Article 33 of the 4th Geneva Convention.  This difference between the ICC response times in relation to Ukraine and Gaza reinforced the impression of double standards in the tribunal’s treatment of allegations of international crimes. In this instance, it was inevitable that the ICC politicized reputation would be contrasted with the laudable efforts of ICJ to do what it could do by way of declaring the relevant law, although hampered by its inability to coerce compliance by Israel or enforcement by the UN.

The ICJ and ICC: A Performative Comparison

Against this background, it was inevitable that the ICC would be widely viewed as a weak institution, above all by not initially obtaining participation or cooperation of such important states as the US, Russia, China, and of course, Israel. In this regard, the ICC was most unfavorably compared to the International Court of Justice (ICJ) to which all members of the UN were automatically parties. The ICJ was widely respect for maintaining a high degree of professionalism in assessing the merits of legal disputes referred to it for adjudication, consistently cautious about encroaching upon sovereign rights of international states.

This positive reputation of the ICJ was greatly enhanced by its near unanimous Interim Orders of January and March 2024 granting several Provisional Measures requested by South Africa to impede Israel’s behavior that seemed to lay a plausible basis for concluding that Israel would in the future be found guilty of ‘genocide’ in Gaza. Israel was also legally ordered to allow humanitarian aid to reach Palestinian civilians without interference given the emergency conditions that existed. Such order would apply at least until a final judgment on the merits of the genocide contention was reached by the ICJ after responding to further oral and written pleadings by the parties. This process was expected to last for several years, reducing the existential relevance of the ICJ judgment as the killing would have stopped long before the Court had time to rule. The decision would still have jurisprudential value as an authoritative interpretation of the crime of genocide despite geopolitical support given to Israel by important UN Member States. A belated ICJ judgment  might also be widely welcomed internationally as giving rise to preventive and early response mechanisms in anticipation of future genocides.  

Despite the cautious legal professionalism of the ICJ a nearly unanimous panel of the seventeen judges found Israel sufficiently responsible for action that made it ‘plausible’ to fear genocide sufficiently to grant Provisional Measures in response to South Africa’s request. [Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel, ICJ Orders, 192, 20240126 & 192 20240328, ProvMeasures)]; [see also the less jurisprudentially inhibited systematic assessment of Special Rapporteur on Occupied Palestine for the UN Human Rights Council, Francesca Albanese, ‘Anatomy of a Genocide,’ A/HRC/55/73, 25 March 2024].

These orders legally required Israel to take a variety of steps to stop engaging in what was plausibly viewed by the ICJ as genocidal behavior including interference with efforts to deliver food and medicine to starving and desperate Palestinians huddled together in dangerously crowded collective misery throughout Gaza, and not only in the small city of Rafah on the Egyptian border. The prospect of bloody extensions of genocide continue at this point to be daily pledged by Israeli leaders poised to attack Rafah and put the finishing touches on an assault defiantly directed against the moral sensibilities of humanity as well as the life prospects of Palestinians. In the process of proceeding with its Rafah attack, Israel so far more openly refused US overt and covert pressures than did the ICC, which in the past and perhaps will again in the present bend to the will of the Global West.

A Redemptive Moment for the ICC?

If asked even a week ago, I would have said that Bibi Netanyahu would have been the very last person on the planet to come to the institutional rescue of the ICC, although in indirectly doing so he chose a backhanded way. Netanyahu leaped to denounce the ICC after leaked rumors suggested that the Court was on the verge of issuing arrest warrants naming Netanyahu, the Minister of Defense, Yoav Gallant, and Army Chief of Staff Herzl Halevi. Somehow this prospect so disturbed Netanyahu that he chose to go on the offensive in advance of any formal action. His five-minute video tirade against the ICC is worth watching by everyone—

 https://x.com/netanyahu/status/1785362914519519597?s  1-–if only to get a sense of just how potentially formidable the ICC might become if it performs as it should. If it takes Netanyahu to shame the ICC into finally doing its job, so be it.

At the same time Netanyahu’s gross distortions of what was happening in Gaza were extreme enough to provide valuable material to late night TV humorists if their purpose was to whitewash over six months of unprecedented humanitarian catastrophe imperiling the survival of the long much abused civilian population of Gaza.  Israeli behavior is so macabre as to beyond the realm of good-natured, apolitical comedy, or even political satire. It offer more of an occasion for weeping and mourning the lost and ravaged lives, and devasted cities, hospitals, places of worship, schools, and UN facilities.

It is within this setting that the ICC seems to have been given an opportunity to act finally in accordance with its mandate, redeem its reputation for spinelessness, and strike a symbolic blow in the increasingly worldwide struggle to stop Israel’s genocide in Gaza. It is technically possible and undoubtedly politically tempting for the prosecutor to disappoint these expectations by limiting ICC action against Israeli and Hamas leaders to their alleged pre-October 7 crimes. Such an evasion would be within scope of the 2015 initiative of Palestine, a party to the Rome Statute, which was initiated in such a manner that any crime after 2014 was potentially indictable. Such an evasion would be a double disappointment for those seeking to increase pressure on Israel to accept a ceasefire followed by a series of restorative acts that could include redress, reparations, accountability, and reconstruction punitive directives.

We are left with the puzzle of why Israel’s reaction to the ICC, in view of its low institutional esteem, was seen as so much more threatening to the Israeli leadership than the more focused directives of the far more established ICJ. Could it be that the criminal character of the ICC and the personal nature of arrest warrants pose more of a threat than the prospect of a mere legal ruling? It is of course relevant to note that the ICJ is not a criminal tribunal and possesses authority only to assess legal disputes between sovereign states and to give legal ‘advice’ in response to requests by organs of the UN.

Netanyahu phrased his key argument against the arrest warrants as posing a mortal threat to the right of democracies to defend themselves against their terrorist enemies, whether regime or non-state actor, singling out Iran.  Such a view, reverses the perceptions of peoples throughout the world excepting those governments and right-wing elements that support Israel in the Global West and the hardest core overseas Zionist zealots. Increasingly, even in the strongholds of Zionist influence, softer versions of Zionism and more independent Jewish voices are siding with the pro-Palestine protesters, reacting against the stark reality of genocide.

A Concluding Remark

We should all know by now that Israel has no intention of complying with international law no matter what the source of authority. In this sense, the importance of the ICJ and potentially, the ICC, is to strengthen the growing tide of pro-Palestinian sentiment around the world, and an emerging consensus to strengthen civil society solidarity initiatives of the kind that contributed to the American defeat in Vietnam despite total battlefield military superiority and that later doomed the South African apartheid regime. In this regard, the utterances of the most influential international institutions entrusted with interpreting international law have more of a behavioral impact in high profile political situations such as exist in Gaza, than does do either the ICJ or ICC, and for that matter, than even the UNSC. Governments may defy legal authority, while civil society is mobilized to implement its conclusions if they seem to reinforce moral and political convictions.

Once again if the Palestine people ever do finally realize their basic rights, it will be thanks to the resistance of those victimized as reinforced by the civil society activism of people everywhere.  It may be in launching his vitriolic attack on the ICC, Netanyahu was subconsciously delivering a mendacious sermon to the aroused peoples of the world who are refusing to heed such self-serving hyperbole. 

Netanyahu Failed in Gaza, Tries to Widen War

20 Apr

I

[Prefatory Note: Interview by Mohammad Ali Haqshenas, initially published on April 20, 2024, by International Quran News Agency. In light of the relative mildness of the Israeli response, I would revise somewhat my responses below. It now seems either that the US reaction to the Damascus attack or the concerns of the Netanyahu war cabinet rejected, at least for now, the temptations of a wider war. Iran as well seemed to accept an outcome of its retaliation directed at Israel, resulting in neither death nor damage was nevertheless sufficient for its purposes. The overall situation remains unstable, and hence uncertain, but Netanyahu’s escaping accountability for failures in Gaza seems for the present to rule out the option of a wider war against Iran, with US active involvement.]

QNA – Israeli prime minister Benjamin Netanyahu has failed to achieve goals in the “inhumane” war on Gaza and seeks to widen the conflict, a former UN special rapporteur says.

Netanyahu Failed in Gaza, Tries to Widen War: Ex-UN Rapporteur

“Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests,” Richard Anderson Falk, a professor emeritus of international law at Princeton University, told IQNA.

The comments come amid boiling tensions in the region after the Israeli regime targeted the consular section of the Iranian embassy in Damascus, Syria, on April 1.

The attack claimed lives of high-profile Iranian military personnel that were in Damascus on advisory mission.

Faced with the international organizations’ inaction, Tehran decided to respond to the attack. Iranian armed forces launched Operation True Promise with dozens of drones and missiles against military targets in Israeli-occupied territories on April 14.

What follows is the full text of the interview with Professor Falk about the issue: 

IQNA: What do international laws and conventions say when it comes to targeting a country’s diplomatic mission?

Falk: The immunity of consular facilities from international attack is one of the most widely respected and uncontroversial commitments of international law as formalized by the Vienna Convention on Consular Immunity. Even without this Convention Israel would be bound by a similar body of constraints that are considered part of “customary international law” or enjoying the status of “jus cogens” norms, binding on all sovereign states whether or not a treaty exists, and in the event that a treaty exists, being a non-party does not relieve a government of a sovereign state to comply with the legal framework.

In this instance such arguments are unnecessary as both Israel and Iran are parties to the Vienna Convention as are another 191 states. 

IQNA: Following the Israeli strike against the Iranian consulate in Damascus, Tehran urged the United NationsSecurity Council to condemn the strike but the Council failed to do that due to the US support for Israel. What does this inaction mean when we take into account the responsibilities of the UN to maintain international peace?

Falk: Such action in the UNSC by the USA to insulate Israel from its obligation to comply with international law with regard to consular and embassy immunity is a reminder that when it comes to enforcing international law, the UN was designed to be weak, giving a right of veto to the five countries victorious in World War II, which arguably is the UN’s greatest deficiency when it comes to achieving the paramount war prevention goals of the UN.

In effect, the 1945 architects of the UN subordinated upholding international law to according primacy to these five geopolitical actors in relation to enforcement or even interpretation of relevant legal obligations. Although only five countries are accorded a right of veto in the UN Charter, it has been used, especially by the US to thwart the will of the majority of states and of members of the UN by being extended to shield “friends” and allies from accountability.

Read More: 

Some years ago the Turkish leader, Recep Tayyip Erdogan, complained about this situation by the pithy phrase “the world is greater than five.” The world may be greater, but the UN is not. There are many situations of this kind concerned with securing compliance with international law by UN members who cannot veto a proposed UN decision but enjoy a sufficient special relationship with one of the five that suffices to block any UN enforcement initiative taken against it.

IQNA: What are the long-term implications for international law if such attacks go unchecked?

Falk: The implications for international law are what they have always been in modern times. When the obligations of law clash with the strategic interests of powerful states, geopolitical policies prevail, and the core obligation of the rule of law (treating equals, equally) is ignored. This generalization applies to the pre-UN history of international relations.

A good example is the war crimes trials conducted at Nuremberg and Tokyo in 1945 where the crimes of the victors were exempted from legal scrutiny while the crimes of the losers were the subject of indictment, prosecution, and punishment. More concretely, the atomic bombings of Japanese cities and the strategic bombing of German cities were accorded impunity. A double standard highlighted by being described as “victors’ justice.”

It is a mistake to conclude that international law is useless because of this subordination to geopolitics. For one thing, an effective international legal order is essential to sustain the stability of relations in most areas of interaction among sovereign states. Trade, investment, finance, communications, travel and tourism, diplomacy are among the areas of international life that depend on mutuality of interests and the practice of equality when it comes to enforcement and implementation.

Many would insist that the US has weakened the UN by its “irresponsible statecraft.”

Beyond this, “responsible statecraft” by dominant states (‘dominance’ does not refer to the same political actors that possess veto rights at the UN) can unilaterally exercise restraint in the use of the veto or in pursuing conflictual behavior. Many would insist that the US has weakened the UN by its “irresponsible statecraft.” The extent to which the US has managed relations between the UN and Israel in an excessive manner is illustrative.  It is as much a reflection of domestic political considerations as it is of the international conflictual context.

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Even when international law is flagrantly violated as it was in the Damascus attack, and Israel is protected against a punitive response at the UN, the impact on world opinion, global solidarity initiatives, and the clarification of legitimacy ensure that international law plays a role in the behavior of states. Populist action often influences the actions of leading geopolitical actors.

In the post-1945 anti-colonial wars the weaker side militarily generally prevailed politically, in part because international law and the flow of history was on their side. Transnational activism in the form of boycotts and sanctions often is vindicated by assessments that the targeted country is violating international law in serious ways.

International law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions.

In short, international law, even if not implemented by the inter-governmental order of states or by the UN, is helpful in mobilizing civil society to take a variety of nonviolent coercive actions. This dynamic contributed to the collapse of the apartheid regime in South Africa 30 years ago and it is mounting ever stronger pressure on Israel in light of its Gaza genocide, further justified by its defiance of international law.   

IQNA: Iran said it used its legitimate right to self-defense by launching strikes against Israel. What do international laws say about this?

Falk: There are several issues present. Does a single attack of this nature, however unlawful, engage the right of self-defense as specified in Article 51 of the UN Charter. This Charter definition is linked to “a prior armed attack” as distinct from an act of aggression, but given the paralysis in the UN, it might be deemed reasonable in view of the frequency of past lethal violations of Iran’s sovereign rights and the failure to take any punitive action against Israel’s defiant attitude in shaping national policy in the security domain.

A further international law issue concerns matters of proportionality and discrimination. Estimates vary as to the scale of the Iranian attack involving 170 or more drones, 120 ballistic missiles, and 30 cruise missiles, and yet little damage resulted, and no one killed. As Iran gave some notice of its planned retaliation to the US and other governments, it may have intended, as some commentators have suggested, that its retaliation for Israel’s responsibility in relation to the Damascus attack, its retaliation to be symbolic and performative, rather than a full-scale attack as suggested by the array of drones and missiles.

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To some extent, because of enforceability issues, what a state does in retaliation for such one-off violation of its sovereignty is assessed and judged in relation to precedents reflecting past practice. If deemed to be consistent with such practice it is legitimized and widely viewed as reasonable, whereas if not, it is regarded as unacceptably provocative. Israel has reacted to the Iranian attack of April 14 as an unacceptable provocation, despite its own prior attack causing high-profile Iranian deaths and the paucity of damage inflicted by Iran’s retaliation. Israel is proposing a retaliation to Iran’s retaliation. If Israel carries out its threat in a way that causes death and destruction in Iran it is almost certain to escalate the conflict in dangerous ways. When acting in these grey sectors of law, such as the law governing international retaliation, the criterion of reasonableness offers some guidance to both actor and responder. Of course, perceptions of reasonableness may vary greatly.

IQNA: Some analysts believe that the Israeli regime targeted the consulate to escalate tensions with Iran and use this as a cover to continue its massacre of Palestinians in Gaza. What is your take on this and how can Tel Aviv be held accountable for its crimes in Gaza?

Falk: As suggested above, Netanyahu has failed to achieve the goals of Israel’s massively destructive and inhumane response to October 7, leaving his last best option, the widening of the war in ways that make Iran the main antagonist of Western interests. The backgrounding of the Ukraine War in light of the events in Gaza lend plausibility to this kind of ‘politics of deflection.’ Israel is a master of shifting public attention from its crimes to its critics or to lesser objects of concern.

Achieving accountability in a legal sense is almost impossible so long as the Global West, especially the US, supports Israel. Any sort of attempt at imposing accountability through the UN can be blocked by casting a veto in the Security Council, which the US has not been reluctant to do. Accountability in its political sense could be achieved if Israel is treated by many governments in the Global South as a “pariah state” as was the experience of apartheid South Africa; also important are solidarity initiatives rooted in civil society activism. Accountability in a moral sense is exhibited by public expressions of outrage on the part of peoples the world over as well as by the frustrations caused by unenforceability of ICJ decisions.   

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IQNA: What do you think about the efforts of the ICJ to hold Israel accountable for its genocide in Gaza, especially given that the regime is planning an attack on Rafah where more than 1.5 million displaced have taken refuge?

Falk: This question raises complicated issues. The initiative in the ICJ has been greatly important for passing judgment on Israel’s moral and political wrongdoing with respect to the Gaza genocide yet limited in effectiveness. The ICJ has been unable to implement the persuasive legal pronouncements of its Interim Orders of January and March instructing Israel to take actions to mitigate further suffering of the Palestinian people. Israel has refused compliance, backed by the US, and seems poised to go ahead with its threatened attack on grossly overcrowded Rafah, with expectations of shockingly high casualties.

The ICJ and the UN generally are neutralized by “a crisis of implementation.” In the face of stubborn geopolitical resistance, it lacks the mandate, will, and capabilities to enforce international law, let alone promote global justice. If the UN became more robustly endowed, an obvious undertaking would be to form an International Protection Force that would give meaning to the Responsibility to Protect norm. As things are, such a justifiable response to genocide is unthinkable, which conveys a lot about why so many people are disappointed by or frustrated with the UN.

Professor Richard Anderson Falk is the author or co-author of 20 books and the editor or co-editor of another 20 volumes. In 2008, the United Nations Human Rights Council (UNHRC) appointed him to a six-year term as a United Nations Special Rapporteur on “the situation of human rights in the Palestinian territories occupied since 1967”.

The views and opinions expressed in this interview are solely those of the interviewee and do not necessarily reflect the view of International Quran News Agency.

Biden’s Warning to Netanyahu: Political Maneuver, Not Policy Shift

6 Apr

[Prefatory Note: The post below contains modified responses to questions posed by a Brazilian journalist, Rodrigo Creviero on 4/4/2024. It is critical of President Joe Biden’s ‘muscular approach’ to the conduct of foreign policy, specifically in relation to China, Russia, and Israel, as played out at the expense of the peoples of the world, including the real interests of the American people. Biden is guilty of war-mongering, reluctance to engage in peace diplomacy, and complicity crimes of support given to Israel while carrying out a prolonged genocide against the long abused civilian population of Gaza along with demonizing and dehumanizing the resistance leadership exhibited by Hamas. In reactions to past genocides the US has done less to oppose their perpetrators than it should  have, but never before has it been an active accomplice, and in the process, undermining the authority of the most widely endorsed norms of international law and demeaned the institutions and procedures internationally available for purposes of interpretation and enforcement.]


1– Biden urged Netanyahu to reach “immediate ceasefire” in Gaza and called on Israel to act in the “next hours and days” in the face of the humanitarian crisis in Gaza. How do you see that?

Biden’s call for concrete steps to ensure that humanitarian assistance reaches Palestinians in Gaza comes very late, given a geocidal assault on the civilian population that is in its sixth month. Also, the effort to persuade Netanyahu to reach a ceasefire was not elaborated with the same urgency or seriousness as the humanitarian insistence on allowing aid to reach starving Palestinians. A cessation of Gaza violence has long been vital if further devastation of Palestinians is to be minimized, if not avoided, as the International Court of Justice (ICJ) in its January 26 Interim Order decreed in support of South Africa’s plea for Provisional Measures as a response to its preliminary conclusion that it was ‘plausible’ to regard Israel’s violence in Gaza as genocide, the highest international crime that cannot be excused because of claims of self-defense or national security. It is notable that legal absolutism when it comes to genocide is supported by near unanimity among the 17 judges composing the adjudicating panel of jurists, and including judges from the United States, Germany, France, and Australia whose governments had supported Israel’s response to October 7. The ICJ was widely applauded for following the law rather than flags of nationaal allegience, analyzing facts and relevant norms of international law despite the face that the Security Council failed to implement its Interim Order and Israel defied its Interim Order. What the ICJ ordered jnfluenced the symbolic domain of international by legitimating concerns about genocide in Gaza and legitimting the resolve of civil society groups.

Biden’s highly publicized move seems primarily motivated by two developments other than a late surge of empathy for Palestinian suffering: first, shifts in US public opinion away from unconditional support for Israel, which are endangering his prospects for victory in the November presidential election and the fact that Monday’s clearly deliberate attack on the aid convoy of the World Central Kitchen resulted in the death of seven Europeans, sparking media outrage and anger among those governments that had been among Israel’s supporters. No such anger in Washington or hostile media attention were given to prior and worse atrocities responsible for mass casualties among children and women so long as the victims were Palestinians. The surfacing of these concerns, especially in the US, help explain why the public disclosure of the Biden/Netanyahu phone call occurred with official blessings. Such sensitive tensions between previous allies are not normally addressed with such transparency. Such diplomatic moves are considered more effective if carried on secretly, or at least discreetly. Biden evidently was more concerned about winning back Democratic Party voters and reassuring European allies that Western lives should be treated as off-limits for Israel in the future.

Even more disturbing was the explicit support given by Biden to Israel’s recent provocative actions directed at Iran during the 30 minute phone call. The leaders spoke in the aftermath of a targeted attack on April 1st that killed seven Iranian military advisors (including three commanders) while they were present in Iran’s consular building in Damascus, a location entitled by international law to immunity from attack.

Such provocations risk a devastating wider war. Iran has declared its intention to retaliate rather than be passive in the face of Israeli military strikes and assassination of prominent Iranian military commanders, and other violations of Iranian sovereignty by Israel. Given this background, Biden publicized reassurance of support for Israel’s provocations acts as a signal to Netanyahu, facing frustrations in Gaza, rejection by Israelis, and possible imprisonment in Israel on past charges of corruption, to embark upon a wider war with Iran in ways that will exert great pressure on the US to become actively involved in the military operations likely to result and divert attention from policy failures of Israel during these past months.

2—How do you analyze this intensifying of pressure by United States against Israel now?

It seems belated, and partial at best, and easily managed by Tel Aviv without any changes in its approach to Hamas or Palestinian statehood. As suggested, it could tempt Netanyahu to embroil Israel, but also Iran, in a regional war with global dimensions. As suggested, Netanyahu is extremely unpopular among Israelis, with growing protests against his leadership. These factors undoubtedly creates temptations on Netanyahu’s part to divert attention from the failure of Hamas war policy, both as a military operation and in making Israel a pariah or rogue state in the eyes of the peoples of the world, and an increasing number of governments in the Global South.

Given reports of Netanyahu’s defiant response to these ‘pressures’ from the US are coming  come too late and even now have an ambiguous impact, taking too abstract a form, not including an arms embargo or international peace force, and not raising even a possibility of support for UN-backed sanctions. I would conclude that Biden’s much publicized warning to Netanyahu presaging a US shift will not have significant humanitarian or peacemaking influence on Israel’s resolve ‘to finish the job’ by an attack on Rafah that produces devastation and many casualties in that beleaguered city giving hazardous shelter to more than ten times its normal population of somewhat more than 100,000. And could, paradoxically make things worse if Netanyahu seizes upon Biden’s apparently unconscious message to Tel Aviv that the time may have come to shift the eyes and ears of the world to a confrontation with Iran.

3- I am preparing a special article on 6 months of war. How do you evaluate the impact of the last 6 months in the efforts of a peace process in the future and in the relations between Israel and Palestinian people?

At this point, there seems no credible positive scenario for future Israel/Palestine relations. An Israeli consensus, not just the government, is deeply opposed to the establishment of a viable Palestinian sovereign state while the world consensus insists on establishing a Palestinian state with international borders and the enjoyment of equal rights in all respects, including security as Israel. The Palestinian people have not been consulted by either side of this nationalist cleavage and seems more and more inclined to opt for a single secular state with equal rights of both peoples as long favored by independent Palestinian intellectuals such as Edward Said.  

The UN attempted to impose a two-state solution in 1947 without taking account of the Arab majority indigenous population, and it led to failure, periodic wars, and much suffering. In my view, a sustainable future for both Palestinians and Jews depends on a peace process, with neutral international mediation, and respect for the right of self-determination in the framework of negotiations between legitimate, self-selected representatives of both peoples acting in a unified whole of their own devising.

At present, neither Palestine nor Israel, for differing reasons, is in any position to represent their respective constituencies in a manner that is either legitimate or effective. More specifically, Palestine remains divided between the PLO/Palestine Authority leadership in Ramallah and Hamas in Gaza, with additional elements seeking participation in representing the Palestinian people, including the 7 million refugees and exiles. Israel, in contrast, has had a coherent political elite during most of its existence, but now must act to soften tensions between religious and secular constituencies that have been intensifying in recent years to be a credible partner in the search for a political compromise that clears the path to sustainable peace for both peoples based on coexistence, equality, and effective internal and regional security arrangements jointly administered. Stating these conditions highlights how difficult it will be to make the transition from apartheid/genocide realities to the sort of solution roughly depicted.

The South African case, although vastly different, is instructive. It points to two factors that make what seems impossible happen in circumstances that swwm hopelesss: the release from prison of a unifying leader; a majority recognition that a win/win outcome for both peoples rests on genuine compromise and non-interference by third party governments and international institutions.

What Israel Wants? Why Genocide?

16 Nov

[Prefatory Note: Stasa Sallacanin, an independent journalist posed a series of questions on October 29, 2023. I have modified my responses to take account of recent developments and to offer a more readable text. As the genocidal assault on Gaza continues in the face of rising calls for a ceasefire and a negotiated peace, Israel remains defiant and the US stands firm in support of Israel’s supposed goal of destroying Hamas as a presence in Gaza, but also seems intent on mounting an ethnic cleansing crusade, with a West Bank focus, but a Gaza subtext. Some of these elements are addressed in the post below.]

Q 1: While Israel has vowed to destroy Hamas and has the capacity to severely damage its operational abilities, the question remains what is the future of Palestinian armed resistance?

In my judgment, Israel is inflicting important, but temporary, damage on the operational ability of Hamas to carry out military attacks against Israel, but in the disproportionate and indiscriminate manner of doing so it will exact heavy costs. Not only will Hamas’ support surge among the Palestinian people and globally, but the severe humanitarian catastrophe that has befalled the civilian population has already greatly strengthened the will of the Palestinians to mount armed resistance in the future. In addition, global mobilization in civil society will increase, as will UN efforts and even Global West governments to find a solution to the conflict that is more sympathetic with Palestinian grievances and aspirations than before October 7.

As the earlier anti-colonial wars revealed, the colonial side can dominate the combat zones, winning every battle, killing large numbers of the native population, and destroying their sources of livelihood, and yet go on to experience political defeat in. the end. This was the experience of France and the United States in Vietnam and Algeria. Despite. innovations in weaponry and tactics political defeat and frustration was subsequentially experienced by colonial actors and imperial interventions in a series of countries that lacked military capabilities to defend their territory against such external intrusions: Afghanistan, Iraq after 2003, Libya and Syria after 2011, the so-called ‘forever wars’ in which the state-building and neoliberal objectives sought through  military intervention and major state-building undertakings were not realized, despite huge expenditures of funds. Despite this dismal record of relying on military means to achieve political objectives, the Global West, especially the United States, along with Europe and Israel, mindlessly continues to ‘securitize’ disputes and conflicts rather than shifting tactics or adopting a more detached view of the outcome of internal power struggles in foreign countries. Part of this failure to adapt to the diminishing agency of military superiority in North/South settings reflects the interests and influence of arms dealers in the private sector, as augmented by a compliant Congress and a militarized bureaucracy in the American case.

Israel resembles the US in these respects, although with more overt racist overtones, as articulated by Netanyahu and other Israeli leaders in the current crisis. It seeks to justify its violence by insisting that Arabs, as epitomized by Hamas, only understand  ‘pressure,’ which in actuality has. been expressed by recourse to genocidal devastation. Israel and the US both subscribed to the reductive assessments of Raphael Patel’s The Arab Mind (1973). Somewhat ironically, Hamas leaders explained and justified the October 7 attack, somewhat more plausibly, by relying on the same reasoning. They claimed that armed attack was the only way to remind Israel that the Palestinians were still present and would not allow themselves to be erased by diplomatic fiat.

Q: Israel launched a ground invasion on Gaza to dismantle Hamas. Will new Palestinian armed groups continue to emerge and fight Israel and how successful they will be, considering the fact, that Israel will learn from its past mistakes and recent intelligence failure?

It is almost a sure thing that Hamas, whether under another name or not, will survive this Israeli onslaught, emerging stronger, smarter, and more resilient than previously in the period after the present encounter ends. Despite the high international reputational costs as related to the legitimacy of its claims, Israel’s genocidal assault has put its apparent victory strategy further from attainment than before.

Israel is likely to face that moment of truth that confronts all settler colonial projects—either the native population is exterminated or driven to outer margins of societal life, or it will eventually prevail. This has been the pattern since 1945 when it became apparent that indigenous nationalism could outlast the military might of the colonizers if they stood their ground and were prepared to accept shocking levels of casualties and devastation. Palestinian steadfastness has long been evident even as constantly challenged by Israeli apartheid and harsh policies and practices.

Israel will, of course, endeavor to fix the hard-to-believe failures of surveillance and border security that made the Hamas attack possible, if indeed the official narrative holds up, and current suspicions of a false flag operation put to rest. We would expect Israel to make other tactical shifts in its structures of apartheid control over a hostile Palestinian population that is more likely, as suggested above, to be mobilized, resentful, and resistant than ever.

In the background are questions about whether the Israeli security lapse was a side-effect of the Netanyahu extremist coalition’s calculated efforts to make the West Bank unlivable for Palestinians, and become a settler controlled mini-state under the sovereign control of a Greater Israel that may have further territorial goals on its policy agenda. Or this West Bank priority was coupled with an assurance of the economic benefits of an estimated $500 billion value to be realized by developing the oil and gas fields off the Gaza coast.

The only potentially winning strategy for Israel is extensive ethnic cleansing by way of forced displacement beyond the borders—the Sinai solution, and for the Palestinians a second nakba. So far Egypt has resisted pressures to enter such a Faustian Bargain, but the end-game scenario is yet to be played out. There are rumors of Israeli offers to draw down Egypt’s international indebtedness in exchange for allowing the entire Gaza Palestinian population to live in Sinai, which would facilitate Israel’s thinly disguised ambition to incorporate the West Bank into its territory as well as reap the anticipated economic benefits of reoccupying  and possibly resettling Gaza in the absence of a Palestinian presence..

Q 3: Moreover, do you think that Hamas attack/resistance could inspire armed resistance, even among Palestinians in the occupied West Bank, and Gaza in the future or conversely, if Hamas fails, do you expect the weakening of armed resistance?

As earlier responses suggest, the Israeli response to the Hamas attack  has already inspired resistance politics among the Palestinians, including among exile and foreign refugee communities, and further discredited the quasi-collaborative political groups aligned with Fatah as exemplified by the West Bank framework of governance and international representational status, the Palestinian Authority the sole surviving  now seriously disabled child of the defunct Oslo Diplomacy that has paralyzed the Palestinians for more than 20 years while giving the settlers time to consolidate, expand, and augment their movement. The pre-October 7 Netanyahu coalition government greenlighted settler violence, and associated lang grabbing and thinly disguised efforts to escalate a strategy seemingly intent on maximum Palestinian dispossession.

Q 4: However, would you agree that any military solution cannot bear any sustainable long-term results and that the lack of a political solution will only generate the emergence of new armed groups?

Yes, that is an accurate probable future unless Israel takes drastic steps to realize its victory scenario.  I believe the current leadership of Israel will, if it can, before the Gaza crisis is resolved move rapidly to implement an ethnic cleansing version of a ‘final solution’ of its Palestinian problem. How the world, especially the Global West responds, will determine whether such an outcome will actually succeed, or whether the future will exhibit what now seems impossible, the realization of Palestinian rights of at least partial self-determination, most likely in an unstable two-state outcome as proposed back in 2002 by the Arab countries meeting in Mecca and generally endorsed by governments throughout the world, although  it seems unimaginably difficult to implement given the certain extreme opposition of more than half a million settlers in the West Bank.

Another likely result of the Israeli onslaught in Gaza is the emergence of secular militancy to avoid perceived regional threats of political Islam and religious warfare that will be rationalized as counterterrorism along the propagandistic lines of ‘Hamas is our ISIS..’ The French president, Emmanuel Macron, carried the idea a step further by proposing ‘a new axis of evil’ composed of hostile Islamic governments and non-state actors in the Middle East. I suspect that policy wonks have already started rereading and updating Samuel Huntington’s 1993 vision of ‘a clash of civilizations.’ It follow from this perspective that such an approach will take center stage in forthcoming phases of regional politics more than 30 years after these ideas were first circulated in Huntington’s famous and influential Foreign Affairs article.

Q 5: In the occupied West Bank, a plethora of new Palestinian armed groups have emerged in response to repressive Israeli policies. Do you think that their factions and influence will spread to Gaza once the military action against Hamas is over and in case Hamas is defeated?

It is quite possible, but I think their main focus will be resistance to Israel’s attempt to gain sovereign control over the West Bank to the extent possible. Gaza in my view despite the genocidal ordeal inflicted on the Gazans remains almost a sideshow for militant Zionists who joined with Netanyahu in implementing patterns of extremist governance of the West Bank that were operationalized as soon as their authority was formalized at the start of 2023.

In effect, Gaza is distracted attention from the remaining critical goals of the maximal Zionist Project and Israeli extremes of violence are intended to deliver a warning to Palestinians on the West Bank to get out or face an eventual firestorm. Whether such thinking is part of why Israeli government allowed the security lapse to occur or it was the Hamas attack an opportunity seized upon by the Netanyahu leadership in the course of carrying out its violent and vengeful retaliatory attack. Another possibility is that the settlers, and allies in government somewhat autonomously saw the Israeli response in Gaza as creating an opening for their cleansing campaign in the West Bank.

Q 6: The poll, conducted by the Ramallah-based Palestinian Center for Policy and Survey Research, also showed that 52% of the Palestinians believe that the armed struggle against Israel is the most effective means to end the Israeli occupation and build a Palestinian state. Twenty-one percent said they supported achieving these goals through negotiations, while 22% preferred the “popular resistance.”  In addition, when asked what has been the most positive or the best thing that has happened to the Palestinian people since the Nakba in 1948  the largest percentage (24%) said it was the establishment of Islamic movements. So, will this percentage even grow after the war, and will new resistance groups be influenced by Islamic movements or they will focus and try to refocus on other matters and perhaps try to overcome political divisions within a deeply fragmented Palestinian bloc? 

As of now, the Islamic groups, especially Hamas, have dominated Palestinian resistance to the extent that recourse to armed struggle has characterized resistance, and this will likely become even more the case after the Israeli guns finally fall silent in Gaza. Yet I would suppose that in the next phase of struggle, assuming Israeli ethnic cleansing schemes do not succeed in erasing or marginalizing Palestinian resistance, there will emerge new political formations that are neither Islamic nor the opposite. In other words, Palestinian resistance is overdue for an integrative politics of unity without sectarian or ideological dogma being allowed to get in the way of the overriding goal of gaining leverage needed to achieve a sustainable and just peace. Israel has resorted to a variety of means, including its early funding of Hamas when it was most overtly antisemitic as well as targeted assassinations and imprisonment of potentially unifying Palestinian political leaders, including the harassment and possible murder of Arafat, and timely assassinations of those seeking a just and sustainable peace that stood in the way of Israel following through to the full realization of the Zionist vision. Prominent among such casualties were the Swedish mediator Count Folke Bernadotte murdered by the Zionist terrorist group Lehi in 1948 and even an Israeli Prime Minister, Yitzhak Rabin in 1995, the first period of the Oslo Accords that for years looked as though it might yield an accommodation based on a political compromise between Israel and Palestine.

Only If and when Israel becomes a pariah state, its national leaders might at last consider the option of emulating the South African surprising turn as adapted to Israel’s circumstances. The leaders in Pretoria surprised the world by releasing Nelson Mandela from prison and agreeing to a transition to a multi-racial constitutional democracy with equal rights for all. It seems like a dream at present to suppose that something similar will happen in Israel, but in history dreams happen but only if made by the dedicated struggles and sacrifices of martyrs.

Is Israeli Settler Colonialism and Apartheid Poised for Victory or Defeat?

13 Jan

“These are the basic lines of the national

government headed by me:

The Jewish people have an exclusive

and unquestionable right to all areas of

the Land of Israel. The government will

promote and develop settlement in all

parts of the Land of Israel – in the Galilee,

the Negev, the Golan, Judea and Samaria.”

         Benjamin Netanyahu, December 30, 2022

Anyone with but half eye open during the last several decades should by now be aware that of the existence of an undisclosed Zionist Long Game that preceded the establishment of Israel in 1948,  and remains currently very much alive. It aims at extending Israeli sovereignty over the whole of Occupied Palestine, with the probable exception of Gaza, excluded for demographic and biblical reasons. The significance of Netanyahu’s publicaffirmation of this previously secretive long game is that it may be reaching its final phase, with him presiding over the far right governing coalition that is poised to pursue closure. 

Should it matter that Netanyahu’s claim of exclusive Israel’s supremacy on behalf of the Jewish people over the whole of the promised land is in direct defiance of international law? Additionally, Netanyahu’s statement is also perversely at odds with Biden’s stubborn insistence, however farfetched, on reaffirming U.S. Government support for a two-state solution. This zombie approach to resolving the Israel/Palestine struggle has dominated international diplomacy for years, usefully allowing the UN and its Western members to maintain their embrace of Israel without seeming to throw the Palestinian people under the bus while doing just that. Netanyahu’s brazen avowal of Israeli unilateral expansionism foregoes these earlier diplomatic charades to placate world public opinion to put Israel’s intentions of unilaterally finishing the Zionist Project. Such a forthright approach challenges the UN, the Palestinian Authority, the Palestinian people, governments around the world, and transnational civil society to open both eyes and finally acknowledge that the two-state solution is dead. This does not mean giving up on a peaceful solution based on political compromise, but it does suggest shifting such hopes from two-state proposals to a single unified confederal, secular state with coexisting dual homelands for the two peoples based on equality of ethnic entitlements to Palestine as often conceived from ‘the river to the sea.’ Such a state would have a single governance structure upholding the fused sovereign rights of a post-Zionist, presumably renamed, state premised upon equal citizenship and human rights for Jews and Palestinians.   

In fairness, it is true that this Zionist Long Game has only recently become fully apparent to all but the closest observers of the struggle. Throughout the 20th century this design of progressive expansionism was hidden from public view by a combination of Israeli control over the public narrative and U.S. complicity, which deceived especially diaspora Zionists by assuming that Israel was open to a political and territorial compromises and that it was the Palestinians who were mainly responsible for the failures to accept reasonable diplomatic proposals prefiguring Palestinian statehood. Such an interpretation of the stalemate was always deeply mistaken becuase it underestimated Israel underlying ambitions. 

The Zionist Project from its very beginnings, more than a century ago, proceeded by stages to accept as final whatever was politically attainable at any given time, before moving quietly and quickly on to the next stage in fulfillment of its long-range colonization plans. Zionism never convincingly gave up its guiding commitment to establish a Jewish state that exercised sovereign control over the whole of ‘the whole of the promised land,’ itself a misleadingly precise reading of Judaic biblical tradition that could be concretized in any way that the Israeli leadership preferred.

This pattern of expansionist priorities should have become evident in the periods following the Balfour Declaration of 1917 and after World War II. The infamous colonial Declaration had pledged British support for ‘a national home for the Jewish people’ in Palestine. This pledge was made credible during the British mandatory period by accommodating ballooning Jewish immigration, which coincided with the rise of antisemitic fascism, most visibly in Nazi Germany, but extending to much of the rest of Europe. 

After World War II came the UN partition resolution (UNGA Res. 181, 1947), which not only ignored Palestinian rights of self-determination by partitioning the country without a prior referendum, changing the status of the Jewish presence from ‘national home’ within the state of Palestine to a sovereign Jewish state on fully half of Palestinian territory, and then failing to take effective responsibility for implementing the portions of the UN proposals more favorable to Palestinians. This internationally devised ‘solution’ was greeted positively at each stage by the Zionist formal leadership, but rejected by representatives of the Palestinian people and by neighboring Arab governments. This regional rejectionism led directly to the 1948 War, which resulted in the catastrophic dispossession of an estimated 750,000 Palestinians, known to its victims as the nakba, ending with a ceasefire that increased Israel’s share of Palestine from 55% to 78%. The dispossession of such a large number of Palestinians was integral to the Zionist commitment to make Israel not only Jewish but democratic.  It was understandably thought insecure to suppose that Israel could remain an ethnic democracy without a substantial Jewish demographic margin, and this could not be obtained except by dispossession, by coercive means to the extent necessary. From early on, Zionist zealots believed it desirable for security and nation-building to work toward a Jewish Only state, and that goal may resurface in the months ahead, not only to achieve ethnic purity, but to quell worries about Palestinian ‘demographic bomb.’

The next step in carrying forward the Zionist Project resulted from Israell’s victory in the 1967 War, which drove Jordan out of the West Bank and East Jerusalem (and Egypt from Gaza). II also dispossessed another large number of indigenous Palestinians, a course of events known among Palestinian as the naksa. The 1967 War also resulted in Israel’s prolonged occupation of the territories occupied during the short war, and it was the beginning of an Israeli version of ‘triumphalism,’ which also made converts among foreign political elites in Washington previously worried that full support for Israel would alienate the Gulf oil producers. 

The occupation by law and political consensus at the time was expected to be temporary (a matter of a few years at most) but the establishment of many unlawful Jewish settlements encroaching on what had been projected as a coexisting Palestinian state in the West Bank and East Jerusalem strongly suggested that all along Israel’s leadership envisioned permanent arrangements with an end game in mind that did not include viable Palestinian statehood encompassing the West Bank heartland. Israel stalled over the years by complicated demands for border adjustments being agreed upon prior to any withdrawal. And somewhat later on, with a show of temerity, Israel contended that the West Bank was ‘disputed territory’ rather than ‘occupied territory.’

Another strong straw in the wind back in 1967 was Israel immediate declaration and enactment of a sovereign claim over the whole of an enlarged Jerusalem as the ‘eternal capital’ of the Jewish state, signaling its unwillingness to trust an outcome of post-1948 diplomatic negotiations (or to uphold the Jerusalem portion of the UN Partition Plan), which had originally envisioned East Jerusalem as the capital of the co-equal Palestinian state, before backpedaling and accepting the idea of the holy city being divided between the two peoples. This incorporation of Jerusalem into Israel proper was repeatedly rejected by overwhelming votes in the General Assembly, duly ignored by the Israeli government, but again Israel found that it would suffer no adverse consequences by defying international law and General Assembly majorities.

There were many lesser displays of virtuoso salami slicing by Israel of Palestinian rights and expectations in the subsequent 55 years. The Oslo diplomatic process lingered and languished for more than 20 years after the 1993 hyped handshake between Rabin and Arafat on the White House lawn, which was the most notable stunt by Israel along these lines designed to show the world that Israel remained open to achieving a negotiated sustainable peace. 

With the benefit of hindsight, it seems clear that in the Israeli strategic imaginary ‘peace’ was never what Oslo was about. The real basis of Israeli support for Oslo, besides satisfying international pressure to manifest a willingness to engage in some semblance of negotiations, was to gain the needed time to make the Jewish settlement movement large and territorially diffuse enough to become irreversible. Such an obvious assault on the two-state mantra should then have sounded the death knell of two-state duplicity, although it was overdue by 40-50 years. Yet the curtain was not lifted then or since.  The continuing international avowal of adherence to a two-state solution, until the present, was mutually convenient for both the Israeli and Palestinian leadership and for friendly foreign governments, and even for the UN that was far too weak to insist on Israeli compliance with international law in the face of Euro-American unwavering refusal to authorize any pushback in the UN Security Council.  

Israel’s 2018 Basic Law proclaiming the supremacy of Jews in ‘the promised land of Israel,’ including the whole of the West Bank, moved a giant step closer to revealing the integral goals of the Zionist Project as openly endorsed by Netanyahu to coincide with the swearing in of his fourth go at being the Prime Minister. As argued here, the essential elements of such a project had preceded its public endorsement by more than a century, but for an Israeli head of state to dramatize the commitment as openly was new, and politically of great significance.

Yet, despite this series of monumental successes of this Zionist Long Game is from some perspectives more problematic of completion than it has ever been, strange as such assertions might be regarded from a purely materialist view of politics. The Palestinian people have held firm in their commitment to self-determination throughout, while enduring a century of being tested by large-scalle Israeli settler encroachments, as aggravated by Palestinian disunity and inadequate representation at the international level by the quasi-collaborative leadership provided by the Palestinian Authority. The spirit of resistance and struggle has been sustained by a Palestinian deep culture of steadfastness of sumud as reinforced by global solidarity initiatives and a generally supportive global public opinion, as well as by Palestinian resistance and gllobal solidarity, which although sporadic never disappeared.

Additionally, the weight of evolving historical circumstances has enabled the Palestinians to achieve important victories in The Legitimacy War being waged by the two peoples for the control of symbolic and normative spaces in the wider struggle, against all odds, is being won by the Palestinians. Over the course of the last decade the international political discourse has increasingly accepted the Palestinian narrative of Israel as ‘a settler colonial state,’ a damaging assessment in an era where colonialism elsewhere was being dismantled by the weaker side militarily, suggesting the unrecognized leverage of law, morality, global solidarity, and nationalist mobilization in out maneuvering a militarily superior adversary.

My previous comments on this latest, possibly terminal phase, of the Zionist Project, is further illuminated if interpreted through the lens of settler colonialism. As Patrick Wolfe, the leading academic expositor of the concept, and others point out, a settler colonialist undertaking eventually falters and collapses unless it manages to eliminate or at least permanently and radically marginalize and pacify the native population. Settler colonial successes in Canada, the U.S., Australia, and New Zealand confirm this hypothesis as do the most prominent instances of failure, South Africa, and less clearly, Algeria. Given this historical record, I anticipate feverish Israeli attempts in the near future to achieve a further massive dispossession of the Palestinian people. In an important sense, the nakba should be understood as a process rather than an event back in 1948, to be culminated during the 2020s by a new surge of dispossession tactical moves.

Beyond allegations of settler colonialism, and more carefully documented, the accusation of apartheid directed at the Israeli state, which had long dismissed as the irresponsible screams of those that wanted to destroy the Israeli state, became validated by an emergent civil society consensus. Over the course of the last six years exhaustive reports prepared under the auspices the UN (ESCWA), Human Rights Watch, Amnesty International, and even the fiercely independent Israeli NGO, B’Tselem issued reports documenting with care and professional skill the apartheid allegations. As memories of the Holocaust faded and wrongdoing toward Palestinian rights became harder to shove under the rug, world public opinion especially in the West, became somewhat more sympathetic to and convinced by the Palestinian narrative, and as significantly, by the relevance of the South African precedent that became harder to ignore. 

Further symbolic Palestinian victories included widespread diplomatic recognition of Palestinian statehood by many governments in the Global South, admission of Palestine to non-voting membership in the UN, access as a state party to the International Criminal Court and its 2021 judgment authorizing the investigation of Palestinian allegations of international crimes in Occupied Palestine after 2014, and at the end of 2022, approval by a wide margin of a General Assembly Resolution requesting an Advisory Opinion from the World Court in The Hague on the prolonged unlawful occupation of Palestinian territories amounting to a deprivation of the Palestinian right of self-determination. The 2022 HRC appointment of a high-level Commission of Inquiry with a broad mandate to investigate Israel wrongdoing was also a revealing UN turn in favor of the Palestinians. Such challenges to Israeli administration of the Occupied Palestinian Territories only occurred after decades of UN frustrations arising from Israeli non-compliance with international humanitarian law in the OPT as set forth in the 4th Geneva Convention devoted to belligerent and refusal to cooperate with UNHRC Special Rapporteurs.

Israeli and its puppet NGOs, UN Watch and NGO Monitor, recognized the gravity of these largely symbolic delegitimizing developments, as did the Israeli government. Israel was intelligently responsive to the risks to its own viability as a Jewish Supremacy state by the collapse of the apartheid regime in South Africa due to pressures brought about by a blend of resistance, symbolic delegitimation, and global solidarity initiatives. Accordingly, Israel and its militants fought back, with total support of the U.S. Government, but not substantively, recognizing the costs of bringing about further scrutiny of the substance of Israel’s policies, practices, and racist ideology. Instead, the Israeli pushback focused on attacking the critics and their institutional venues, including even the UN, as antisemitic, and in the process smearing conscientious legal experts and even international civil servants and the institutions themselves. This has created a sufficient diversionary smokescreen to enable Biden and top EU bureaucrats to keep faith with both sides by championing the hollow prospect of ‘two states for two peoples’ when even they must know by this time that such a policy is moribund, and no longer is of much use as a public relations tactic. This assessment is truer than ever now that an apparently cocky Netanyahu has publicly told foreign political leaders to their faces that Israel no longer is interested enough in the two-state ploy to underpin its credibility. This leaves Israel’s most ardent supporters out in the cold with no place to hide their formerly respectable pro-Israel one-sidedness.

Given this line of interpretation, contrary to media commentary, Netanyahu, rather than being burdened, is likely pleased that his governing coalition is heavily dependent upon the rightest extremism of the Religious Zionism (RZ) and Jewish Power bloc. In the present context RZ, led by Bezalel Smotrich and Itamar Ben-Gvar seems useful, if not natural allies of Likud in launching this culminating phase of the Zionist Project. This last phase involves territorial consolidation over the whole of the promised land and likely moves to inflict further dispossession of Palestinians—on the scale of a second (or intensified) Nakba—from their native lands. Seen in this way, the Netanyahu declaration above amounts to a virtual road map, hopefully from his point of view with RZ taking most of the heat for its inflammatory, openly racist, and likely violent implementation.

Given this background, the present context should be understood differently than the prevailing mode of reporting that stresses the difficulties for Netanyahu of heading the most right-wing and extremist government in the history of Israel. Mainstream journalism remains sympathetic with Netanyahu’s situation of supposedly being forced to rely on a coalition that gives dangerous influence to RZ. In opposition to such thinking, I believe having RZ entrenched in his governing structure actually strengthens the hand Netanyahu wants to play. 

It is instructive to notice that most of the regrets up to now expressed in the U.S. about the extremist successes  in the 2022 Israeli elections are devoted to their possibly negative impact on support for Israel in the liberal democracies, especially, among the predominantly secular dominant communities that largely shape  attitudes toward Israel in the European and U.S. Jewish diaspora. The probability of intensifying suffering inflicted on the Palestinians hardly ever is mentioned, and almost never evokes Western empathy. Such slanted presemtations has always slighted the successive stages of the Palestinian collective trauma that has obscured their Orientalist erasures throughout the struggle.     

Biden’s undoubtedly unconscious embrace of such Orientalist insensitivity to Palestinian rights, much less acknowledging Palestinian legitimate aspirations should have been expected. The evasive wording of Biden’s statement congratulating Netanyahu, warrants scrutiny: “I look forward to working with Prime Minister Netanyahu, who has been my friend for decades, to jointly address the many challenges and opportunities facing Israel and the Middle East region, including threats from Iran.” In the same text, the American president asserts that “the United States will continue to support the two-state solution and to oppose policies that endanger its viability or contradict our mutual interests and values.” What struck me most, although by now I should have known better, was the absence of even a small gesture of recognition that these developments might have a negative relevance to Palestinian wellbeing. Often silences convey meanings better than do words of explanation with the hope of winning approval.

Despite all, most pro-Israeli commentary analyzing the shift to the right on the part of the Israeli voting public attributes the extremist outcome in the November elections to some combination of the perceived absence of ‘a partner’ in the search for peace, the Israeli security-first response to Palestinian ‘terrorism,’ the rising influence of the religious right within Israel, the emboldening effects on Israel of the normalization agreements (so-call Abraham Accords) reached in 2020 during the last months of the Trump presidency, and even Iran’s threat to Israel. Undoubtedly, these contextual factors were influential in persuading a larger segment of Israeli voters to swallow their dislike of a governing coalition that gave strong influence to RZ, interpreted in some circles as the foretaste of a now plausible Jewish theocratically-tinged fascism. Overall, it seems enough Israelis gave priority to their hopes for a unilaterally imposed Israeli ‘victory’ scenario to the hypocritical uncertainties of the diplomatic status quo that is disinterested in negotiating a political compromise with its Palestinian counterpart. My main point here is that the shift to the right was opportunistic and pragmatic rather than reactive, resulting in most media accounts missing the relevance of the commitment of the Israeli religious right to the completion of the Zionist Project in the near future. 

My own encounters with liberal Zionist opinions in America emphasized a belief that Israeli good will with respect to a political deal with the Palestinian had run into a brick wall of Palestinian hard line opposition, an indirect validation of the ‘no partner’ excuse, or at best, blaming both sides for diplomatic failure in an asymmetric situation where one side was the oppressor and the other the oppressed. This view was accentuated by the entirely unreasonable, accompanying insistence that Israeli’s closest ally and geopolitical source of security serve as intermediary in all ‘peace’ negotiations. Nothing exhibited Palestinian weakness or lack of strategic judgment more dramatically than this willingness to rely on such a flawed diplomatic process for their prospects of realizing such basic national rights as self-determination.

While these factors have been endlessly analyzed in piecing together a coherent, exoteric or public narrative, the real story—the deep roots of these developments—is in my view yet to be told. This is because the true account of the evolution of the Zionist Project before and since the establishment of Israel is bound up with an esoteric or secret Zionist narrative that links the successive stages of Israeli expansionism to an overarching vision. This esoteric narrative centered on a strategic plan for the ideologically coherent and steady unfolding story of Israeli expansionism, which involved a pragmatic suppression of disclosing the utopian character of Zionist Project of recovering all of Palestine during a period when such ultimate goals seemed hopelessly out of reach due to the prevalence of rampant nationalism and the widespread decline in the geopolitical leverage and political acceptance of colonialism.

WHAT TO EXPECT FROM NETANYAHU & RELIGIOUS ZIONISM

12 Nov

Prefatory Note: This post is a slightly modified version of my Nov 62022 responses to questions posted by an Iranian journalism, Javad Heirian-Nia] 

WHAT TO EXPECT FROM NETANYAHU & RELIGIOUS ZIONISM: A Preliminary Appraisal

  1. Israel’s Knesset elections ended with the victory of Benjamin Netanyahu’s right-wing coalition. Many analysts believe that the cabinet headed by him will be the most right-wing cabinet in Israel. What is the effect of Netanyahu’s victory on the region?

The anti-Netanyahu political parties in Israel were united around a platform that contained few substantive changes from the policies expected to be pursued by the Netanyahu coalition. Their faulty focus was devoted almost exclusively to stopping Netanyahu from having an incredible fifth opportunity to become the next Prime Minister of the country. 

It is now generally agreed that the election results are  significant beyond this failure to block Netanyahu’s return to governing authority. What has emerged as potentially important is that Likud’s winning coalition depended on teaming up with the openly racist and exclusionary Religious Zionism Party, a political alliance of two far right religious parties that put the completion of the settler colonialist project at the top of their explicit agenda, although phrased in the language of Zionism and their understanding of ‘the promised land’ and what is meant to be truly a state of the Jewish people. It also reflected the growing strength of religious Zionism as compared to secular Zionism, and thus poses serious issues about the future character of Israel as a sovereign state.  

The alliance of these two extremist ultra-religious parties gained 14 seats in the Knesset, the third most, and emerged not only as a strategic partner in Netanyahu’s triumphal return to power, but seems likely to provide the indispensable political glue needed by Netanyahu to prevent a crash landing of his tenuous coalition in the months and years ahead. This vulnerability will make Netanyahu, a master tactician and opportunist, pragmatically responsive to the extremist priorities of these ultra-Zionist allies. If current expectations are correct the first sign forming a cabinet that includes accords important ministerial portfolios to the leaders of the two political groupings making up the Religious Zionism (RZ) Party, such notoriously Israeli political personalities as Itamar Ben Gvir, and possibly even Bezabel Smotrich. 

I think the regional impacts of these political developments will be a gradual downgrading of overt normalization diplomacy by the UAE, Bahrain, Oman, Sudan, and even Morocco initiated during the Trump presidency under the banner of the Abraham Accords, continued by Biden within a less flamboyant framing as ‘normalization and peace diplomacy.’ These arrangements were significant legitimizing victories for Israel within the Arab world, the result of bargains by the highly pragmatic Arab governing elites that had long dealt with Israel on economic and security matters of joint interests covertly. Such reactions against formalizing normalization will undoubtedly take more seriously the sentiments of the outraged public opinion of Arab masses who remain overwhelmingly supportive of the Palestinian struggle for basic rights, and regard their national elites as betraying the just cause of fellow Arabs and Muslims. I expect that this Israeli election, more than previous ones, will give rise to a new wave of pro-Palestinian activism in the Islamic World, but also at the UN, and perhaps more widely, including in the Global South.

But Netanyahu’s leadership is also extremely worrisome on other grounds, especially his obsessive hostility to Iran that centers on exaggerated concerns about Iran’s nuclear program. Such a belligerent approach to Iran is likely to produce Israeli militarist provocations that will increase risks of a major regional war. We should recall that Netanyahu, then also Prime Minister, was fiercely opposed to the Obama approach that resulted in the 2015 Nuclear Agreement (JCPOA). Netanyahu also exhibits a seeming willingness to take unilateral military action against Iran with the goal of disrupting if not destroying its alleged ambitions to acquire nuclear weapons once and for all, as well as supporting initiatives aimed at destabilizing the government in Tehran. 

At the same time, we can expect Netanyahu to ignore, if not renounce, the widely supported recent UN General Assembly urging Israel to give up its nuclear arsenal and abide by the inspection provisions of the Nonproliferation Treaty regime. The Resolution (A/C.1/77/L.2) adopted on October 30, 2022 by a vote of 152-5 (24 abstentions) in the First Committee of the General Assembly; of the five were unsurprisingly U.S., Israel, and Canada, joined by Palau and Micronesia. Such a resolution introduces a semblance of balance at the global level, at least, with respect to negotiations pertaining to Iran, which in the public aspects of the Vienna negotiations designed to revive the 2015 JCPOA have so far ignored the relevance of Israel’s nuclear weapons capability, which both undermines regional proliferation constraints and disregards denuclearizing imperatives.

  • Netanyahu won while the Arab League meeting emphasized the Arab peace plan. What actions may Netanyahu take to undermine the Arab peace plan?

Netanyahu’s primary concerns in the period ahead will be to gain acceptance within Israel of his rightest leadership that will probably emphasize the threats posed by Iran to Israeli security, or unity through fear. Even prior to these Israeli elections there were growing indications of discontent with the normalization diplomacy initiated by Trump and continued by Biden. For instance, the leading Israeli liberal Zionist print media platform, Haaretz editorialized: “The Israeli election dealt a grievous blow to Judaism.” In effect, Jews elected a leadership that was programmed to push this already expansionist Zionist political entity in the direction of openly embracing and strengtheningethno-nationalist values and policies, which because of Palestinian demographic presence and continuing resistance will exert strong societal pressures to introduce new ugly episodes of ethnic cleansing combined with territorial expansionism particularly in the form of futher annexationist encroachments in the occupied West Bank.

Even without the problem of a coalition dependent on the RZ, Netanyahu and the Likud Party have not the slightest intention of lending credibility to any Arab proposal for a negotiated peace, and especially one that revives the 2002 Plan put forward by King Abdullah of Saudi Arabia. Israel public opinion seems firmly committed to the idea that there is no longer any security need to offer, even as was the case earlier, but even if only for the sake of public relations, the Palestinians national sovereignty or a meaningful form of statehood. The whole spectrum of opinion in the new Knesset lineup is to secure Jewish supremacy quickly as much of ‘the promised land’ as possible, while the world is distracted by Ukrraine, COVID, and climate change. Concretely this means accelerated settlement expansion in the West Bank, punitive occupation in Gaza, and Israeli governance and further Judaization of Jerusalem as the eternal capital of the Jewish people. This entails increasing pressures on Palestinians by way of terminating tenuous residence rights, raising pressures to live elsewhere, preferably outside of Israel. For almost a decade it has become clear to anyone with eyes that wanted to see the realities on the ground that Israel had abandoned all pretenses nurtured by the Oslo Diplomacy to bring peace through negotiations of the parties prepared to compromise, and instead chose to rely on an imposed ‘peace’ sustained by what is now widely understood to be the Israeli apartheid state.

  • Netanyahu’s victory comes while the democratic government is at work in America and insists on the two-state solution. What will be the relationship between Israel and the US considering Netanyahu’s rise to power?

Contrary to the wording of your questions there is no U.S. ‘insistence’ on the two-state solution, only an empty rhetorical posture belied by the language of ‘strategic partnership’ highlighted in the Biden-Lapid Jerusalem Declaration of last July. If Netanyahu is openly collaborating with and dependent on religious extremists, his new indispensable allies, it will make Washington Democrats and liberal Zionists nervous and uncomfortable, gradually producing some lowering of public enthusiasm for Israel. Even this happens it will be without foreseeable policy consequences. It seems inconceivable at this point that there will be a groundswell of opposition in the U.S. calling for an abandonment of the bilateral partnership on regional security issues, including the annual $3.8 billion U.S. economic assistance given to Israel or American continuing efforts at the UN and elsewhere to shield Israeli policies and practices when it comes to  dealing with Palestinian resistance or grievances, compliance with international law, and even with its special status as a known but still undeclared nuclear weapons state. Since the outcome of the 1967 War Israel has been valued as a vital strategic asset by the U.S. Government, which is societally reinforce by the strong pro-Israeli influence wielded by such powerful domestic grouping as the AIPAC lobbying organization and Christian evangelists. 

  • Considering Netanyahu’s serious opposition to the JCPOA, how do you see the prospect of reviving the JCPOA?

I think it highly unlikely that JCPOA will be revived. The U.S. might be prepared to reach agreement with Iran absent Netanyahu’s record of opposition that goes back to its origins during the Obama presidency. Biden has strongly indicated that the domestic political costs are too high to break openly with Israel on such a crucial security issue. The power struggle for political control of the United States is at a critical phase and no mainstream liberal leader, such as Biden, is remotely likely to weaken Jewish support by openly alienating Netanyahu. Besides, even before the Israeli elections, Israeli back-channel pressures were influencing the Biden presidency to insist on unacceptable concessions from Iran. Given the background of Trump’s 2018 withdrawal and repudiation of JCPOA, coupled with the ramping up of sanctions despite Iran’s internationally verified compliance with the agreement, the U.S. from the outset approached negotiations arrogantly. If seeking agreement and hoping for normalization, the U.S. should been prepared to offer apologies and an incremental removal of sanctions rather than put forward additional conditions that needed to be satisfied before it would rejoin JCPOA. The Trump/Biden sanctions have brought prolonged economic hardship to the people of Iran in recent years, and it undoubtedly colored the Iranian approach even if it seemed not to matter to the U.S.

  • Netanyahu is Putin’s friend, and the relations between Israel and Russia are bad after the war in Ukraine. It seems that Netanyahu has to choose between America and Russia. What is your assessment?

I think there is little doubt that if such an existential choice ever were to confront Netanyahu, he would have not have a moment’s hesitation about choosing America. It is not only the years of closeness, but the U.S. is the more formidable geopolitical actor in the Middle East and the world than Russia, and massively helps Israel militarily, ideologically, and diplomatically. Besides, the Jewish presence in the United States has great leverage over foreign policy, and although somewhat less supportive of Israeli behavior than in the past, continues to regard Israel’s security and wellbeing as an unconditional commitment, ignoring and defying the apartheid consensus that has emerged in the last five years, by shamelessly continuing to include Israel in the ranks of countries governed as ‘democracies.’ 

Of course, Netanyahu would like to maintain friendship with both Russia and the United States if this can be managed. The Ukraine War, should it be further prolonged, might induce Netanyahu to side more openly with the U.S./NATO, especially in light of the difficulties arising from including the religious extremists in his governing process with their undeniable hostility to a two-state solution. Their priority is to move toward ethnic cleansing of Palestinians to complete the ultra-Zionist project of settler colonialism, which either requires the elimination of the Palestinians from Israel altogether or at minimum their complete marginalization through crushing Palestinian resistance morale. How Netanyahu handles this open departure from Washington’s two-state mantra will give hints as to his approach to other issues where pressure arises if Israel rejects the American effort to adopt a posture, however insincere, that does not explicitly reject basic Palestinian objectives. We must wait and see how this likely political drama unfolds.

Netanyahu has early tried to convey an impression that he is not captive of the RZ by indicating his continuing support for LGBTQ freedoms and rights. Whether this is a true demonstration of Netanyahu’s political independence or a symbolic marginal gesture that is to be soon offset by an unpopular implementation of the radical policy views of RZ. It is this cloud of uncertainty that hangs over what this renewed Netanyahu/Likud governance of Israel will mean for regional politics, the Palestinian people, and Israel’s standing in the world.   

IDF Operation ‘Guardian of the Walls’: Prelude, Aftermath, Prospects

7 Jun

[Prefatory Note: This post consists four journalistic pieces that were initially published in April and May leading up to the fourth in the sequence of massive military operations against Gaza in each instance falsely presented as ‘defensive.’ These operations resulted in large casualties and were further justified as ‘counter-terrorism’because the alleged target was Hamas, a terrorist organization. Somehow, this latest attack on Gaza was more fairly reported in the Western press, and let to the most convincing show of Palestinian unity in a period of crisis. It also was an event that weakened Netanyahu’s hold on power, not because of objections to his hardline policies, but due to distaste for his personality and character, and a coalition is poised to form a new government awaiting only confirmation by the Knesset on June 9th.]

IDF Operation ‘Guardian of the Walls’: Prelude, Aftermath, Prospects

  • Responses to Questions from Daniel Falcone (May 11, 2021)


1) Why is it that American politicians cannot say the words ‘Israeli apartheid

As an international crime, apartheid is a collective crime against a distinct race, that is one step down in severity from

genocide. There is a major distinction. As the South African antecedent experience illustrates, apartheid is reversible, although the material and psychological harms suffered by its victims is not. As death is the core of genocide, it is as a practical matter irreversible, and its legacy lingers as the instance of the Holocaust illustrate. In fact, Israeli apartheid may be partly understood as an unintended consequence of the Holocaust. Israel probably could not have been successfully established without widespread international support, which would not have been so forthcoming without the shame of liberal guilt of the West in doing so little to oppose the extreme antisemitism and racism of Nazi Germany, including closing their doors to Jewish refugees.

In any event, the Palestinian people were made to pay the price of Nazi wrongdoing in the form of the imposition of a non-Palestinian state in their homeland at the very time when European colonialism was unraveling elsewhere in the world. In such a setting it was to be expected that Palestinian society would resist, and that Israel’s security would depend on effective means of repression. Such an interaction was accentuated by the characteristics of the Zionist Project that sought a Jewish state that was governed in accordance with democratic principles. Given the premise of such ethnic politics, this induced an ethos of ethnic cleansing to ensure stable Jewish demographic control of the state in what had been Palestine. It also meant discriminatory treatment of immigration and residency, denying Palestinians basic rights while giving Jews many privileges based on identity alone. Such discrimination is crudely exposed in the grant to Jews worldwide of an unrestricted right of return and immediate access to Israeli citizenship could

American mainstream political arenas and media are frightened and intimidated by the prospect of being labeled as antisemitic. The widely relied upon IHRA (International Holocaust Remembrance Anniversary) definition of antisemitism would easily result in any allegation of apartheid being treated as proof positive of antisemitism. This is so, despite respected studies concluding that Israel’s practices and policies satisfy the definition of apartheid as set forth in the 1973 UN International Convention on Suppression and Punishment of the Crime of Apartheid. And despite the Rome Statute (2002), the treaty governing the operations of the International Criminal Court regarding in Article 7(h) apartheid as one type of crime against humanity.

This inhibition on describing apartheid as ‘apartheid’ has been eroded by two 2021 reports confirming the apartheid allegation. The first report is by B’Tselem, the leading Israeli human rights NGO, that characterizes Israeli apartheid as the imposition of Jewish dominance upon the Palestinian people in the territory governed by Israel, that is, from the Jordan River to the Mediterranean Sea that encompasses both Israel proper and the Occupied Palestinian Territories of the West Bank, Gaza, and East Jerusalem. (This is Apartheid, 12 Jan. 2021) The second report by Human Rights Watch reaches the apartheid conclusion after an exhaustive examination of systematic Israeli racial discrimination and reliance on inhuman measures resulting in Palestinian victimization in furtherance of the Zionist Project of maintaining a Jewish state. (A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution, 27 April 2021) Back in 2017 I co-authored a report with Virginian Tilley, under UN auspices (Economic and Social Commission for West Asia or ESCWA) that investigated the apartheid allegation and concluded that Israeli practices and policies were an instance of apartheid, which we felt was best understood in relation to the Palestinian people (including refugees and exiles) rather than confined to territory. (Israeli Practices Toward the Palestinian People and the Question of Apartheid,

March 2017)

2) How, in your estimation, will Biden respond to the “Jerusalem crisis?”

On the basis of past behavior and the initial statements of  close advisors, it is most likely that Biden visors will call for calm, while making one-sided and unconditional criticisms of the rockets and artillery shells from Gaza fired by Hamas and Islamic Jihad as ‘provocations’ and ‘escalations’ of the underlying conflict. The one-sidedness is almost certain to be underscored by refraining from any criticism of Israeli responses, which are almost certain to be disproportionate in terms of casualties, devastation, and firepower.  

The one-sidedness will be further highlighted by the absence of direct reference to Israeli provocations in Jerusalem such as right-wing settlers marching through East Jerusalem shouting ‘death to the Arabs’ or municipal plans to expel a series of Palestinian families from their homes in the Sheikh Jarrah neighborhood of East Jerusalem on the basis of flimsy legal pretexts. The admitted goal is to prepare the way for further Jewish settlements, which is regarded by almost every Palestinian as a continuation of the ethnic cleansing that began in 1947, and has occurred periodically in 74 ensuing years. The Palestinian steadfastness (sumud) in Sheikh Jarrar is epitomized by their slogan ‘we will not be erased.”

Biden places a high priority on sustaining a bipartisan image in the conduct of foreign policy, especially with respect to Israeli policies. He has already indicated that the United States will accept Trump’s unlawful initiative of moving the U.S. Embassy to Jerusalem, will not question the unlawful annexing of the Syrian Golan Heights, and applauding the normalization agreements between Israel and Arab countries so heralded as triumphant diplomatic achievements during the last stage of the Trump presidency.

Although there is some friction from a small group of Democrats in Congress resulting from such an imbalanced approach, it is strongly endorsed by both political parties and by the powerful lobbying influence of AIPAC. Leading Biden foreign policy representatives have made clear that the $3.8 billion military aid package will not be affected by negative findings in the annual country reports of the State Department, which signals a green light for Netanyahu’s aggressive approach to relations with the Palestinians.    

3) The media still repeats in the passive voice, “21 killed by Israel’s Retaliatory strikes”. Has any dimension of the press coverage improved however in your estimation?

There is a subtle change in the coverage of the liberal print media, as highlighted by the New York Times and Washington Post. Instead, of reporting only Palestinian violence as objectionable there is more of a tendency to place nominal blame for periodic crises on both parties. I regard this as conveying a distorting image of symmetrical responsibility shared equally by Palestine and Israel while overlooking the structural realities of gross inequality arising from Israeli oppression and expanding territorial claims. It is always deceptive to treat the oppressor and the oppressed as if equal. As here, the oppressor acts contrary to applicable international law and elementary morality while the oppressed is countering by exercising rights of resistance and suffering the deprivation of basic rights. Of course, the tactics of resistance should be scrutinized by reference to legal and moral constraints, but without losing sight of overwhelming structures of dominance and the far greater harm done by state violence than by the violence of resistance.   

4) Just hours ago, it was reported that “Israel launches airstrikes after rockets fired from Gaza in day of escalation.” This headline conveys that the situation is somehow symmetrical and the media’s interest in maintaining a false balance. Is this a correct observation?

As my last response suggests, one of the worst flaws in liberal journalism is to treat asymmetries as if symmetrical. Such a practice has been notorious in relation to the so-called ‘peace process’ or Oslo diplomacy where the Palestinians are made to share equal responsibility with the Israelis. This is so despite Israel making clear that its acceptance of ‘peace’ with the Palestinian people depends on Palestine giving up its inalienable right of self-determination as well as claims to having its capital in Jerusalem or challenges to extensive Israeli armed settlements unlawfully established.

5) I have a friend who recently wrote, “Israel, as an ethnostate is [on the verge of] committing suicide.” This in reaction to May 7th’s headline “Palestinians, Israel police clash at Al-Aqsa mosque; 53 hurt”. What kind of political consequences do you perceive the Israelis to suffer?

There is an ambiguity in your friend’s assertion of Israel being on the verge of committing suicide. Is this because Israel is encountering difficulty in the enforcement of its claims as an ethnocracy to occupy all of the ethno-religious space? Or is it because Israel has been compelled to challenge the red line of Islamic identity, by forcibly entering Al-Aqsa Mosque during Ramadan, attacking and injuring hundreds of Muslim worshipers, thereby threatening what it sought to achieve by the normalization agreements. Time will tell.

It remains to be seen what this latest flareup will produce by way of effects. One alternative is a Third Intifada that is sustained sufficiently to uphold claims to preserve the Palestinian identity of East Jerusalem. Another alternative is for Israel to mount a massive attack on Gaza in response to the 300 rockets that have allegedly targeted Jerusalem and southern Israel in the vicinity of Ashkelon and Ashdod in recent days of a similar or greater intensity to such prior attacks as in 2008-09, 2012, and 2014. With the West, especially the U.S. singling out the rockets from Gaza, despite the far greater human injury inflicted on the Palestinians in the Jerusalem incidents, the scene is set for Israeli violence in Gaza to be treated as ‘defensive’ or even as ‘self-defense.’

The unresolved Israeli domestic political turmoil is not to be discounted as an influence, tempted Israeli escalation. Netanyahu is thought to have better chances of surviving as Israel’s leader if the security agenda again becomes prominent.’

(2) Jerusalem: Bloody Polarization

The events of the past week revealed the deep fissures of the Israeli

Apartheid state. Right-wing Israeli extremists, referred to ‘Israeli nationalists’ by most

Zionist media, staged a demonstration some days ago that featured the slogan ‘death to the Arabs.’ Israeli security forces countered by attacking the Palestinian resisters, wounding hundreds, and reportedly using non-lethal weapons to inflict maximum injuries, with many head wounds reported, including eyes shot out.

In the background were fanatical efforts in April and early May by Israeli settlers to Judaize the Sheikh Jarrah neighborhood in East Jerusalem, evicting four Palestinian families. The Israeli High Court deferred ruling on these controversial moves for a month in light of the tensions in the city.

This riotous atmosphere was further inflamed when Israeli security personnel forced their entry to Al-Asqa Mosque compound where Muslim worshippers were present in large numbers on the last Friday of Ramadan. More injuries resulted as well as the defiling of the third holiest Islamic site in the world. Jordan called the Israeli behavior ‘barbaric’ and the UAE objected officially despite the recent normalization agreements. The magnitude of this interference with religious observance have led some to call the pre-Gaza encounter the ‘Ramadan Intifada.’

The latest episode is associated with the march route celebrating the unlawful annexation of East Jerusalem after the 1967 War, coupled with Israel’s claim of sovereignty over the expanded city limits of Jerusalem now that Israel controlled the entire city. The Knesset established May 12 as Jerusalem Day to acknowledge the unification of the city under its control, supposedly heeding the words of Psalm 122: “Built-up Jerusalem is like a city that was jointed together.” On the advice of Israeli security forces, backed by Benny Gantz, the Defense Minister, the proposed route of the march was revised to exclude passage through the Damascus Gate, which was regarded as a flashpoint, likely to provoke renewed Palestinian resistance and Israeli police violence. At the last moment, the Israeli authorities bowed to international pressure and redirected the settler demonstrations away from the Damascus Gate, which would assuredly have resulted in confrontations between unarmed Palestinian

Youth and violent settlers alone among West Bank residents permitted to carry arms.

This is in the spirit of Netanyahu’s response to the mayhem, which is to say that Jerusalem is our capital and we will do want we want in the city. This signals an acceptance of the legitimacy of the settler violent efforts to push for further the ethnic cleansing of the Sheikh Jarrah neighborhood of East Jerusalem through eviction notices and intimidation based on discriminatory Israeli laws and thuggery as to Palestinian residency and property rights.

Netanyahu, speaking on TV at an event celebrating Jerusalem Day, defiantly voiced support of settler claims and of Israeli security behavior in violently suppressing Palestinian oppositional activity and Ramadan worship. “We firmly reject the pressure not to build in Jerusalem. To my regret, this pressure has been increasing of late,”

“I say also to the best of our friends: Jerusalem is Israel’s capital and just as     every nation builds in its capital and builds up its capital, we also have the right to build in Jerusalem and to build up Jerusalem. That is what we have done and that is what we will continue to do.”

I also take note of the silence of the UN, which once again fails to uphold its responsibilities for Israeli compliance with International Humanitarian Law as embodied in the Fourth Geneva Convention governing Belligerent Occupation.

U.S. officials, including Jake Sullivan, Biden’s National Security Advisor, calls for calm of both sides, which a meaningless whisper in the face crisis conditions prevailing in Jerusalem.  

(3) Daniel Falcone Questions (June 3, 2021

  1. Can you comment on the US role in the ousting of Netanyahu?

The U.S. Government while vocal in denouncing leaders of rival countries, is discreet when it to friends, above all Israel. There are undoubtedly some private conversations

among influential persons in both countries, suggesting that sustaining friendly

relations would be easier without the belligerent discourse and political style of Netanyahu. Other Israelis are as resolutely right-wing but less confrontational, and one suspects that the Biden Administration would rather try its luck with a post-Neetanyahu leadership, no matter what its outlook on such questions as settlements, a state for Palestine, or a nuclear deal with Iran.



2) What is the game plan for the Israeli government moving forward?

It appears that if this so-called center/right coalition headed by Yair Lapid and Naphtali Bennett takes over the leadership of Israel for the next four years, it will not change its position on relations with Occupied Palestine or with the leadership of the Palestinian Authority. It will focus on the internal economic agenda, improving secular-religious relations, and promoting closer relations with Arab neighbors by implementing the ‘normalization agreements’ and seeking to additional such agreements within the Middle East. I feel that formal annexation of portions of the West Bank will also be deferred by Israel to avoid friction with the U.S. and Europe.

On the restoration of the Iran Nuclear Agreement Israel will likely offer less

opposition than Netanyahu, but seek to exert influence in similar directions, seeking to impose more restrictions on Iran’s nuclear program and possibly conditioning the removal of sanctions on Iranian discontinuance of work on precision missile technology or support for Hamas and Hezbollah.  It should be appreciated that Bennett is scheduled to serve as prime minister of Israel for the next two years, and he has been an impassioned advocate of settlement expansion and an uncompromising opponent of establishing a Palestinian state. Bennett favors what he calls ‘autonomy on steroids’ to be exercised by Palestinians on 40% of the West Bank.




3) Does this leadership shift signal anything to the rest of the world about authoritarianism?

I think Israel is such a special case of a hybrid state, combining an apartheid regime subjugating the Palestinians with democratic constitutionalism for the Jewish citizenry of the country, that this prospective leadership shift doesn’t signal any wider trend of departure from international authoritarian leadership. This is especially true as the political shift is almost totally about the personality and character of Netanyahu, and not any fundamental shift in policy or in governance. The issue of Palestinian governance is not even part of the main coalition-building conversation. I suppose there could be surprises. Maybe the small Islamic Arab party that belatedly joined the anti-Netanyahu coalition hints at this possibility, but it seems more motivated by the desire to get rid of Netanyahu than anything more substantive.



4) How can we expect the media to cover the change in leadership? 

I would imagine that the mainstream media would share much of my assessment, perhaps giving more emphasis to a less stressful relationship with the U.S. and EU, and

possibly the UN. There will likely be a more hopeful tone about this transition demonstrating Israel’s democratic character. Also, more discussion of Netanyahu mixed record during his years in office as the longest serving prime minister, as well as his legacy and recent fall from grace.

As Bennett is known to be a more pleasant and diplomatic in style, hewill be presented to the public as more compatible with Biden. Possibly also, the media will give greater influence to the more secular and supposedly moderate outlook of Lapid, both as the leader of the coalition process and scheduled to succeed Bennett as prime minister in two years. Given the rightest consensus in the Knesset, estimated to be as 100 of its 120 members, it is not likely that there will be any expectation of changes of significance with respect to Palestine. There is an outside chance that more civil society pressure will cause some fracturing of this status quo consensus on Palestine, especially if global pressures grow from BDS, the UN, and governments and internal tensions in Israeli/Palestinian relations mount. .

(4) Is the Tide Finally Turning in Favor of the Palestinians

Repetition or Change?

The latest Israeli violence, at first glance, seemed just like the prior massive attacks on Gaza of 2008-09, 2012, and 2014. There were large number of primitive rockets fired by Hamas in Israel’s direction that fell harmlessly or were intercepted by the Iron Dome, causing minor damage. In its turn, Israel

Inflicted widespread death and destruction by bombs, artillery shells, missiles fired from land, sea, and air, which once again terrorized the totally vulnerable people of Gaza 24/7 for from May 10-21.

As in the earlier attacks, there were calls from almost everywhere for a ceasefire to halt the carnage, including at the UN Security Council. As before, these pleas were spurned by Israel and blocked by the United States. Denunciations of Israel’s attack without action came from Arab governments. As is its habit, the U.S. provided the shield that allowed Israel to continue with the attack against the weight of world public opinion, giving the familiar lame excuse: “Israel has the right to defend itself.” Further, anything goes, since Gaza is controlled by Hamas, ‘a terrorist organization’ by the Western moral compass, which amounts to signaling to Israel that anything goes, and international humanitarian law is not applicable to such an adversary.

When the smoke cleared in Gaza, 90,000 Gazans were displaced with their homes destroyed, over 1900 wounded, at least 243 dead, including 66 children. In contrast, Israel suffered 12 fatalities, including two children. Without minimizing the loss of life, the contrast reflects differences in military technology, tactics, and relative vulnerability of Israelis and Gazans, and Israel’s brazen indifference to the loss of Palestinian lives despite protestations to the contrary.  

Nothing seemed changed. Hamas was still in firm control of Gaza with its

Impoverished population of over two million living in a permanent lockdown, borders were armed on the Israeli side and almost all Palestinians unable ever to leave the tiny, blockaded enclave where over 50% are unemployed and 80% are dependent for life support on humanitarian assistance.

It would seem that there is nothing new to report. We are left to speculate as when to expect the next cycle of violence. Yet this time maybe these appearances of repetition are deceptive.

Beneath the Surface

In the past few months Palestine has won notable victories in the symbolic domains of political struggle, which contrary to conventional wisdom,

often determine the eventual winners more than combat zones.

The International Criminal Court in a Pre-Trial Chamber decided that its Prosecutor could launch a formal investigation is Israel’s international crimes in the Occupied Palestinian Territories of East Jerusalem, West Bank, and Gaza that occurred since 2014. It was evident that the Prosecutor had ample evidence of specific crimes associated with disproportionate violence in the 2014 attack on Gaza, the use of excessive violence in dealing with the 2018 Great March of Return at the Israeli border, and in relation to the expansion of Jewish settlements in the West Bank. Even if not a single Israeli official is ever prosecuted by the ICC, this validation of Palestinian allegations of Israeli wrongdoing, and what is more Israel knows it. Why else would Netanyahu greet such a decision with the simplistic dismissal of ‘pure antisemitism’? Israel has long insisted that the UN was biased, but has never before smeared an international institution that had given it the benefit of the doubt while conducting a legal proceeding.

An even bigger Palestinian victory was recorded by mainstream reports finding that Israel was guilty of imposing an apartheid regime on the Palestinians under their authority. Both the leading Israeli human rights organization, B’Tselem, and the most influential global human rights NGO, Human Rights Watch, issued reports documenting their central conclusion that Israeli policies and practices constituted apartheid.  The recommendations of the reports call for application of international criminal law and confer on all countries a legal responsibility to take steps to suppress and oppose apartheid.

These developments are of great victories in what I have called the Legitimacy War dimensions of conflict. Reviewing the record in anti-colonial wars since 1945 it becomes clear that the side that prevails in such a legitimacy war fought to gain command of the high ground of law, morality, and public approval, usually goes on to control the political outcome. The French lost the Indochina and Algerian wars despite having superior weaponry, and the U.S. totally dominated the battlefield in Vietnam and yet lost the war.

The most relevant legitimacy for Palestine involves the collapse of the South African apartheid regime despite its effective monopoly of security capabilities. It collapsed because of the combination of non-violent resistance and global solidarity efforts rooted in anti-racist civil society initiatives prompting the apartheid leadership to reevaluate their options. They decided it was better to dismantle apartheid and take their chances with constitutional democracy than

to go on living as an international pariah state.

Palestinian Symbolic Victories Impact on the Future

The just concluded Israeli military operation, code named Guardian of the Walls, exhibited some impacts of these Palestinian symbolic victories. The most salient can be. noted:

–signs of division within Israel that never before were visible during prior military operations;

–an opinion poll showing that 72% believe the ceasefire came too early, suggesting that the Israeli leadership bowed, after all, to international pressures,

including from Washington;

–increasing expressions of Palestinian Arab-Jewish communal violence in Israeli towns;

–more balanced treatment of the violence by Western media platforms, with unprecedented coverage of the daily misery of Palestinian lives under occupation;

–widespread condemnation of collective punishment inflicted on the blockaded civilian population of Gaza in the midst of the COVID pandemic and a badly degraded medical and health system;

–new signs of Palestinian unity in reaction to Israeli violence within Jerusalem, including intrusions on worship during Ramadan, right-wing settler violent provocations protected by Israeli police, and protests by massed Palestinian refugees on the borders with Lebanon and Jordan;

–weakening support for Israel and rising criticism of unconditional U.S. support of Israel;

–increasing support in many countries for BDS and other civil society initiatives, as well as solidarity moves by labor unions and religious groups seeking boycotts and sanctions to promote a just peace for Palestinians.

A Sharpeville Moment?

In retrospect, many felt that the Sharpeville Massacre was the turning point that led in the end to the demise of apartheid in South Africa. The incident arose from a protest at the provincial police facility in the township of Sharpeville by Africans against the pass laws used to enforce segregation and limit mobility. 69 unarmed protesters were killed by the police, many shot in the back while fleeing the scene. The incident exposed to the world what apartheid meant.

Of course, even if history proves that Guardian of the Walls was a turning point, it does not mean that Israeli apartheid is on the verge of collapse. The Sharpeville massacre occurred in 1960, yet it was not until the early 1990s that apartheid was dismantled. It often takes a long time for prophetic writing on the wall to be registered in historical happenings.

The Palestinian ordeal is certainly not over, but for the first time we can envision it ending!    

 U.S. Policy Toward Israel/Palestine in a Deglobalizing World: A Pre-Pandemic Perspective

7 May

[Prefatory Note: The text below is drawn from my presentation at the TRT World Forum, 21-22 October 2019. The conference theme was ‘Globalisation in Retreat: Risks and Opportunities.’ What strikes me now is how different the world seems only six months later due to the surreal impacts of the Coronavirus Pandemic on all aspects of perception and assessment, the totality of dislocating developments, and the heightening of an existential appreciation of the precariousness of individual and collective experience and of the radical uncertainty cloudinour expectations of the future. Surely my paper would read radically differently if rewritten in ways that took fuller account of intervening developments (the Trump/Kushner Plan) as well as the pandemic]

 

 U.S. Policy Toward Israel/Palestine in a Deglobalizing World

 

Points of Departure

 This paper considers some impacts of the retreat from globalization on the evolution of Israel/Palestine relations, giving special attention to the regressive character U.S. policy toward the unresolved conflict. This retreat is a complex ongoing phenomenon, generating both risks and opportunities, which are changing through time, and the present character of these threats and opportunities will be explored here. A central feature of world order in the course of this retreat from globalization is the rise of ultra-nationalist political leadership in many important countries that has resulted in a generalized withdrawal of support from cooperative responses to global problem-solving, relying instead on transactional bargains between governments as shaped by geopolitical disparities rather than by deference to considerations of international law, diplomatic compromise, and global justice.

 

Despite these recent negative developments, the politics, culture, and economics of globalization should not be romanticized (Falk, 1999), or more specifically not viewed as achieving positive results in relation to the century of struggle by the Palestinian people to address their legitimate grievances. Above all, the Palestinians have endured the denial of their inalienable right of national self-determination and been victimized by the imposition  of apartheid structures of control on the Palestinian people as a whole, that is, whether living under occupation or otherwise. (Falk & Tilley, 2017). The Palestinian people have been victimized by the primacy of geopolitics for more than a century, ever since the issuance of the Balfour Declaration in 1917, which has illustrated the limits of normative (legal and moral) globalization. The retreat from globalization seems to have accentuated the disregard of international law and the authority of the United Nations, highlighted in relation to Israel/Palestine by the release of the Trump/Kushner plan with the absurd claim to offer ‘the deal of the century.’(U.S. Government, 2020). Such a trend if allowed to continue does amount to a severe setback for Palestinian legitimate aspirations, but such a bleak prospect is being challenged by parallel developments.

 

Whether this retreat from globalization is cyclical, soon to be reversed, or a longer-term linear trend is difficult to discern at this time. Its trajectory is highly contingent on the impingement from unforeseeable political, economic, and ecological developments. It may depend on the outcome of such currently unpredictable developments as to whether the Democratic candidate selected to oppose Donald Trump will go on to win the November 2020 elections, and whether the COVID-19 virus can be contained without producing a global economic collapse. As well, it is important to interpret the depth and breadth of this retreat. It certainly reflects a populist reaction of angry frustration against various forms of inequality that led many people to feel disadvantaged by ‘neoliberal globalization,’ and a turn toward demagogic leaders who denounce such developments and point fingers at the imagined culprits, real and imagined. It has also given rise to an affirmation of nationalism as the most existentially relevant political and ideological alternative to globalism. This economistic mood of grassroots alienation also reflects hostile attitudes and disruptive adjustments that pertain to such historically conditioned challenges as global migration flows and trade tensions. Also relevant for achieving an understanding of these recent developments is whether the apparent re-bonding of peoples on the basis of nationalist, and even racist and civilizational conceptions of the outer limits of political community, is integral to the retreat or just a temporary shift in focus away from the global.

 

We need to keep in mind that despite these evident patterns of retreat, the world in many respects continues to be more interconnected and networked than at any time in human history, and these dynamics are continuing, perhaps even accelerating as technology advances, a largely unacknowledged new interconnections in this digitally driven form of ‘globalization-from-below.’ (Slaughter, 2004, 2019) As well, on ecological and health frontiers, climate change and the global spread of lethal disease, remind us that we cannot hope to address effectively the challenges of the contemporary world without strengthening mechanisms of global cooperation. The behavior of the United States Government in leading the retreat, withdrawing from the Paris Agreement on Climate Change and the Nuclear Program Agreement with Iran (JCPOA, 2015) help us to appreciate how dysfunctional from a world order standpoint is a generalized retreat from globalization, and more concretely, what the loss of U.S. leadership in many global policy domains has meant. Such an endorsement of globalization should not, for instance, be understood as the approval of neoliberal globalization as it unfolded after the end of the Cold War. Indeed, this largely under regulated market driven approach to economic globalization greatly contributed to various types of inequality and alienation that led many peoples throughout the world to be receptive to the appeals advanced in favor of ultra-nationalism. In other words, the ultra-nationalism of the present should not be separated from a variety of disappointments brought about by predatory capitalism (Falk, 1999).

 

U.S. Retreat and Israel/Palestine

The reality of retreat bears crucially on the particular conflict between Israel and Palestine as reflected in the shift of the U.S. approach from its earlier pre-Trump role as partisan intermediary to its hyperbolic identity during the Trump presidency as super-partisan deal maker. Such a shift is fully in keeping with the broader pattern of retreat from globalization, but it has some additional distinguishing features. Above all, the personality and style of Trump, as reinforced by the influence of extreme Zionists donors and Evangelical Christians who constitute powerful elements of his political base. Translated into foreign policy this has meant that undisguised pro-Israeli unilateralism has replaced the earlier American diplomatic public stance of peacemaker, which uneasily coincided with the undisguised ‘special relationship’ with Israel. This special relationship meant concretely unconditional support in all security domains, although tempered by occasional murmurs of disapproval as by calling Israel’s periodic moves to accelerate the expansion of its unlawful settlements as ‘unhelpful.’ By way of contrast, in relation to the settlement movement, which struck an Israeli dagger into the heart of the two-states approach, the presidency of George W. Bush and continued under Barack Obama, Trump’s Secretary of State, agreed to close his eyes on their unlawfulness, but only in the context of an agree peace arrangement. Mike Pompeo, abandons altogether the view that the establishment of settlements violates international law without the precondition of reaching an overall agreement(Pompeo, 2020). Beyond this, even before the release of the Trump/Kushner plan, U.S. foreign policy toward Israel after Trump assumed the presidency in early 2017 exhibited a blatant form of one-sided unilateralism with regard to previously unresolved issues: appointing as his principal advisors on Israel and Middle East policy only Zionist extremists (Kushner, Friedman, Greenblatt), moving the American embassy to Jerusalem, recognizing Israeli sovereignty over the Golan Heights that were widely assumed to be occupied Syrian territory, cutting U.S. funding for UN humanitarian relief efforts in Gaza, and openly embracing Netanyahu’s racist leadership of Israel while turning his back on his Palestinian counterparts and their concerns.

 

Such a pattern of unilateralism is illustrative of the retreat hypothesis because it so directly undercuts not only the earlier somewhat more internationalist American approach, but also so bluntly departs from the global consensus at the UN that favored a negotiated solution that upheld Israel as a legitimate state but based its vision of peace on an agreed establishment of an independent and sovereign Palestinian state that would then be accepted as a full member of the UN. A major component of this consensus was the view that diplomacy would be relied upon to resolve the future of Jerusalem, settlements, the treatment of Palestinian refugees, the fixing of borders, and the overall arrangement of security guarantees. On all counts, Israel has recently moved with the apparent approval of Washington to resolve these issues on its own by completing its expansionist agenda. This coordinated Israel/U.S. provocative postures was dramatized by the movement of the American Embassy to Jerusalem in early 2019, an initiative overwhelmingly condemned to no avail by the UN General Assembly (UNGA Res., 2019). The Jerusalem provocation, in particular, was a direct assault on the earlier global consensus and strong Islamic that had insisted that such issues, and especially the status of Jerusalem, be settled by compromises achieved in a negotiating process so as to give both sides the sense of win/win outcomes.

 

In important respects, what this Trump turn represented beyond its affinity with other expressions of anti-globalization, was an assessment that the Oslo diplomacy had been tried and failed, and that it was an opportune time to make a shift toward a more muscular, less consensual, geopolitics.

 

Daniel Pipes, long a Zionist proponent best articulated this approach on his website, Middle East Forum, months before its adoption is slightly less crude form by Trump/Kushner (Pipes, 2017). Pipes insisted that diplomacy had been tried in good faith as the means to resolve the Israel/Palestine conflict, but had failed, and it was time to try a different approach. In his view, conflicts of this sort that prove difficult to resolve by diplomacy are shown by history to be ended only through the victory of one side that then dictates the terms of peace, with the losing side being compelled to surrender its political objectives. Without a glimmer of surprise, it was Pipes’ view that objective analysis identified Israel as the winner, Palestine the loser.  Yet despite this, the conflict dragged on because the Palestinian leadership with its head in the clouds refused to accept this reality. The task of Israel, with U.S. backing, was to intensify coercion until Palestine sees the light and surrenders, and a new normal can be established. Trump/Kushner use a twisted language of ‘peace’ rather than the transparency ofa ‘victory’ to set forth their conception of the end-game in the long struggle. The substance of the plan legitimizes Israel’s territorial and security ambitions and offers the Palestinians what is called ‘a state,’ but is in fact ‘a statelet’ that is nothing more than ‘a Bantustan,’ a shorthand reference to South African way of setting up totally subordinates political entities subject to the rigors of its apartheid structures of control. To encourage the Palestinians to swallow the Kool Aid of the deal of the century, the Palestinians are threatened with unnamed dire consequences if they reject, and enticed with sugar-coated offers of economic development assistance if they accept.

 

It is too early to gauge whether Palestine’s immediate rejection of the Trump/Kushner/Netanyahu victory approach will prevail. This undoubtedly depends on whether such an outcome is endorsed by the Israeli and American election results in 2020, especially the latter. If Netanyahu and Trump both win, then the Palestinian Authority will likely  experience coercive pressures to give up their political ambitions, and opt for a more normalized economic and social life as the best result they can hope for. What is striking from the perspective of the globalization hypothesis is the willingness of the U.S. to depart so unconditionally from the global consensus to support Israel in a manner that seems not only anti-internationalist, but also in all likelihood works against its broader and longer term strategic national interests in the Middle East, which cannot count on the indefinite repression of fiercely pro-Palestinian sentiments among Arab populations. As such, this path to ‘peace’ compounds the retreat from globalization with a costly challenge to stability in the region. This imprudent posture is domestically driven by narrowly parochial interests as epitomized by AIPAC lobbying leverage and Zionist donor pressures on the American political process (Mearcheimer & Walt, 2003). Although these features of the American political scene antedated Trump, his presidency has accentuated their relevance.

 

With respect to the U.S. approach to Israel/Palestine it might not have assumed such an extreme form without the specificity of the Trump election. In other words, retreat from globalization would likely have been present whoever was the Republican nominee in 2016 and even likely, in the event that Hillary Clinton had been elected. Yet the anticipated retreat would have taken place in those circumstances of new American political leadership without breaking the continuity of approach to Israel and the conflict in the radical manner adopted by Trump. The American retreat might have emphasized anti-migrant, economic nationalism, and confrontation with Russia to a greater extent, and possibly less drastic withdrawals from globalist engagements in the security domain. That is even with American leaders other than Trump accepting the politics of retreat, it seems rather likely that policy toward Israel and Palestine would have displayed only minor changes from the Bush/Obama years, probably becoming even more reluctant to  criticize Israel on settlement expansion than was Obama’s willingness to break with his own practice by allowing the 2016 criticism of Israel by the Security Council to reach a decision, abstaining rather than as on prior occasions, using its veto to shield Israel from formal censure even if it stood alone in doing so. It is never possible to be very confident about ‘what if’ conjectures, but nevertheless it seems highly unlikely that had a different president been voted into office in 2016 the approach to Palestinian grievances would have abandoned diplomacy and opted so openly for coercion and unilateralism. (Falk, 2017)

  

What likely would have occurred with the Republican alternatives to Trump in 2016 but not so if Clinton had won is a retreat from what might be called ‘normative globalization,’ which is the most obvious common anti-globalization stance being taken across the globe. What this normative dimension of retreat entails is a general lessening of confidence in and respect for the UN and international law, and a declining reliance on global approaches to problem-solving, whether the subject-matter is trade relations, human rights, migrant flow, or climate change.

 

In such a transactional atmosphere, problem-solving with respect to international conflict resolution relies heavily on coercive diplomacy among states and the geopolitical priorities of dominant states. The effect could be to sharpen geopolitical tensions between the U.S. and China, U.S. and Russia, and possibly give rise to a new Cold War, with regional military confrontations and dangerous escalation dangers. In this set of circumstances, the emergence of autocratic and ultra-nationalist leadership would lead to more pragmatic relationships reflecting geopolitical priorities rather than normative affinities based on shared values and world order commitments.

 

Risks Associated with Trump’s Version of Retreat from Globalization

Superficially, and in the short run, Israel has been a beneficiary of this U.S. shift in diplomatic posture, but there are secondary effects and contingencies that may yet turn out to be favorable to the Palestinian struggle. More concretely, this means that the United States no longer seeks to act in general accord with the international consensus that has been shaped over the decades at the UN and elsewhere, which although reflecting a pro-Israel bias, endorsed the view that this conflict could only be resolved by some sort of negotiated accommodation between Israelis and Palestinians that set the terms and established a process for achieving a sustainable peace.

 

Of course, this shift in U.S. policy reflected several converging factors that resulted in the Trump presidency of which a retreat from the UN consensus and rule-governed global diplomacy was only one element. Other factors included the influence exerted by Zionist donors in American domestic politics and by Trump family members, the softening of the attitudes of Arab governments toward Israel, the reduced Western dependence on Middle Eastern oil, and the heightening of tensions with Iran. Yet the retreat from globalization is of the greatest importance as explaining the disregard of the international consensus exhibited at the UN that had somewhat constrained earlier U.S. policy, yet these limits should not be overstated as they did not prevent the continuous erosion of Palestinian rights and expectations as measured by the rules and principles of international law. That is, despite U.S. global leadership, and endorsement of globalization, in relation to Israel/Palestine an incremental coercive diplomacy that favored Israel was what led to a steady deterioration of the Palestinian position. In this respect the super-partisanship of the Trump presidency removed the pretenses and inconsistencies of normative globalization that had not materially helped the Palestinian side, while covering up the one-sided support of Israel’s political zero-sum agenda. Does this greater clarity give Palestinians new opportunities as well as pose more severe challenges?

 

The United States has for more than 25 years claimed the role of indispensable intermediary in working toward a negotiated peace arrangement between Israel and Palestine. Such a role reflected its global leadership status that was without challenge after the Cold War ended in the early 1990s, as well as Israel’s insistence that if negotiations were ever to occur, they had to be conducted within a framework presided over by the United States. The U.S. status as global leader also corresponded with a renewed emphasis on the Middle East (and East Asia) given the altered historical circumstance. This meant replacing Europe as the strategic site of geopolitical struggle in a globalizing world. The importance of the Middle East for the United States reflected four interrelated concerns: access to the regional oil reserves at affordable prices; ensuring Israeli security; containing the spread of political Islam in the aftermath of the Iranian Revolution (1979); avoiding any further proliferation of nuclear weapons in the region.

 

Given these realities there existed a strong diplomatic incentive on the part of the United States to find a solution to the Palestinian struggle that would alleviate pro-Palestinian pressures without appearing to weaken the ideological and strategic special relationship between the United States and Israel. After years of frustration on the diplomatic terrain, the Oslo Framework of Principles, agreed upon in 1993, seemed to provide a credible path to compromise and peace, consisting of the regional normalization of Israel as a legitimate state within agreed borders and the establishment of a Palestinian state based on 1967 borders, with Jerusalem as the joint capital of the two states, the satisfaction of Israeli security concerns, some kind of compensation as a substitute for the repatriation of Palestinian refugees, and the legalization of most of Israel unlawful encroachments (separation wall, settlements, road network, security zones) on formerly occupied Palestine. This peace dynamic, although sharply favorable to Israel, was viewed as the most realistic political compromise that could be achieved. Its adoption by the most affected parties also silenced  most opposition in international arenas. This new dynamic was celebrated as a major breakthrough, launched with theatrical fanfare by the dramatic handshake on the White House lawn. The famous 1993 picture of the Israeli leader, Yitzhak Rabin, shaking hands with the PLO leader, Yasir Arafat, and a smiling U.S. President, Bill Clinton standing in between, was the iconic climax of choosing this delusionary path to peace. These delusions were challenged two years later by the assassination of Rabin, and even more by the rightward drift of Israeli politics and the growing influence of the settler movement, but the diplomacy dragged on and on, and even the Palestinians seemed lulled to inaction as the diplomacy continued wending its way through a labyrinth without an exit.  

 

What is most relevant to the focus adopted here is that this diplomatic approach under U.S. auspices was superficially respectful toward the international consensus on how to address the conflict—that is, by diplomacy that was framed as negotiations between the parties, and was understood to seek compromises on the main issues in contention (territory, settlements, refugees, Jerusalem, security).  This outlook, supported by bipartisanship in the United States, meaning overwhelming Congressional support and a continuity of approach whether the president was a Democrat or Republican. This Oslo peace process seemed consistent with American foreign policy of ‘liberal internationalism’ that persisted throughout the Cold War, and endured until 9/11 occurred, and being finally discarded by Trump. The Trump orientation may be described as militarist geopolitics and ultra-nationalist illiberalism. As applied to Israel/Palestine this means the Pipes victory scenario presented as diktat with scant interest in enticing Palestinian acceptance. As such, with irony, this most pro-Israeli of all American presidents has ironically fractured Jewish support for Israel, alienating not only progressive Jews but also many liberal Zionists who believed in a negotiated two-state peace agreement (Bishara, 2020).

 

However, to gain a proper attitude toward the Trump stance, it is necessary to avoid an unjustified embrace of this prior American peace diplomacy. it is crucial to identify the weaknesses of an approach that claimed fairness to the Palestinians while strongly slanting the process and its intended outcome toward Israel. As with Pipes, yet skillfully disguised as a compromise, Oslo diplomacy when deconstructed reveals a weaker version of an Israeli victory scenario (Baake & Omer, 20–). By failing to mention a Palestinian right of self-determination or affirm the equality of the two sides, the Oslo framework of principles set in motion a one-sided diplomacy that gave weight to power disparities, a bias further reinforced by having an overtly partisan intermediary. This imbalance was further accentuated by the insistence that Palestinian negotiators swallow all objections to Israeli violations of international law until the so-called ‘final status’ negotiations at the last stage of the process. Palestinians were told that objecting in the present context would jeopardize the negotiations. Israel never ceased building and expanding its network of unlawful settlements and further encroaching on the Palestinian territorial remnant by securitizing the settlements, including connections to Israel, which truly undercut the credibility of negotiations. Beyond this, what were called ‘negotiations’ were basically occasions for Israel to put forward self-serving proposals for conflict resolution on a take it or leave it basis, realizing Israeli goals and neglecting Palestinian priorities, and undoubtedly expecting the Palestinian side to reject. In this period, the two sides also sought agreement in direct secret negotiations that were similarly, yet more explicitly, weighted in Israel’s favor, and indicated that despite the willingness of the PLO to give Israel most of what it wanted by way of keeping its settlements and meeting its security concerns the their Israeli counterparts showed little interest (Palestine Papers, 2—). Even if the two sides somehow had signed such a one-sided peace agreement it might not have produced anything more substantial than a pause in the struggle, in effect, one more periodic ceasefire, and quite likely rejected by both the Israeli and Palestinian publics. Succeeding generations of Palestinians would not be likely to accept the validity such permanent subjugation in what purports to be a post-colonial world order. The wild fires of the ethics of nationalism and the politics of self-determination would almost certainly have doomed an arrangement that left Palestinians languishing in an entity called a state, but lacking in the most elemental aspect of sovereignty, control over its own security.   

 

Even on the Israeli side, the Oslo slant may not have satisfied the implicit Zionist agenda of recovering the whole of the promised land, the biblical entitlement on which Israel’s claims rest, but was temporarily and tactically acceptable as it improved overall prospects to reach such a goal. This helps explain Israeli contentment despite a diplomatic process that seemed a bridge to nowhere, and never acknowledged Jewish biblical entitlement. For Israel the Oslo process was a bridge to somewhere, allowing the country to accumulate many facts on the ground, while further structuring the kind of apartheid state needed to check Palestinian resistance, thereby ensuring the stability of an ethnically based hegemonic social, economic, and political order. For Palestine, Oslo diplomacy proved to be a political disaster despite its initial gift wrapping, as the noose of victimization tightened to the point that Palestinians became virtual strangers, or even captives, in their own homeland, slowly recognizing that when the wrappings were removed the package within was an empty box. Such a dual process of Israel’s gain and Palestine’s loss occurred while the globalization fever remained high, and this one-sided dynamic achieved its momentum years before deglobalization trends became evident.

 

When Trump arrived on the political scene in 2017, the de facto reality of an Israeli one-state solution coexisted with defunct governmental and UN continued adherence to a de jure vision of a two-state outcome. What Trump sought by dropping the pretense of negotiating the future for Israel and Palestine was a changed formula for ending the struggle over the sequel to the British Mandate. Even Trump did not overtly affirm the major Zionist premise of biblical entitlement, using the accepted international terminology of ‘the West Bank’ rather than the promised land language of ‘Judea and Samaria.’ The Trump/Kushner approach legitimized facts on the ground as of 2020, suspending all scrutiny of the lawlessness by which the facts were accumulated. Kushner expressed this outlook clearly in an interview the day after the White House finally released its peace plan: “I’m not looking at the world as it existed in 1967. I’m looking at the world as it exists in 2020.” As well, Trump/Kushner’s deal avoided an explicit endorsement of the analysis of Pipes based on using force to induce the Palestinian leadership to surrender its political goals and accept Israel’s victory in the long struggle between these two peoples to control the identity of the homeland in what had been a Palestinian entity during the Ottoman Empire and the British Mandate.

 

The other distinctive feature of the Trump approach was the explicit disregard of Palestinian rights under international law. The American Secretary of State in language rather parallel to the sentiments expressed by Kushner articulated the view that it was time to abandon the earlier U.S. official stance of regarding Israeli settlements on occupied Palestinian territory as unlawful. In Mike Pompeo’s words of explanation, “..arguments about who is right and wrong in international law will not bring peace.” On behalf of the PLO, Hanan Ashrawi articulated anger and frustration in a tone of understandable exasperation: “We cannot express horror and shock because this is a pattern, but that doesn’t make it any less horrific..total disregard of international law, what is right and just, and for peace.” Although Ashrawi’s words resonate with attitudes toward international law pre-Trump and pre-retreat, the discontinuity is not as great as liberal internationalists contend (ICJ, 2004). All through the post-1967 period of occupation, while the settlement process and related encroachments on Palestinian rights and aspirations occurred, the Palestinians were counseled to withhold their international law objections so that the peace process might go forward, and the Israelis were lightly scolded as their expansionist dreams became building projects. In this spirit violating international law was ‘unhelpful,’ but if sustained, could gain legal acceptance as they did in 2004 when the Bush/Sharon exchange of letters (Bush/Sharon, 2004) declared that the settlement blocs would become part of Israel’s sovereign territory in any future peace arrangement.

 

Rhetoric matters, and this overt show of disregard for international law is an integral aspect of this broader retreat from globalization.  Respect for and confidence in international law and procedures is a vital precondition for encouraging globally cooperative approaches to problems that affect the world as a whole. The proudest achievements of liberal internationalism along these lines were based on lawmaking treaties governing such disparate matters as the public order of the oceans, the development of Antarctica, and some aspects of military competition in the nuclear age. With the rise of ultra-nationalism and the decline of global leadership by the United States, world order is again reliant on the pre-1945 state-centric style of geopolitical rivalry, but facing the severe diverse challenges of global scope that threaten the world with catastrophe in the 2020s and beyond.

 

The main risks attributable to this interplay between the retreat from globalization and the super-partisanship of American policy toward Israel/Palestine can be summarized as follows:

–stabilizing Israel’s apartheid state, while denying the Palestinian people basic human rights, particularly, the right of self-determination;

–weakening respect for international law, the UN, and the authority of diplomatic resolution of international disputes;

–expressing the transition in the American global and regional leadership roles from a liberal internationalist perspective to that of rogue superpower;

–lending support to an outcome of the long struggle based on power rather than law or ethic, thereby establishing a very unfortunate precedent for conflict resolution in the 21st century.

 

 

Opportunities Resulting from the New Realities of Retreat and U.S. Hyper-Partisanship

At first glance, the situation following the release of the Trump/Kushner seems totally discouraging. It affirms the form and substance of Israel’s right-wing leadership, whether Likud or Blue/White, and reflects the dominant Zionist agenda reflecting ‘biblical entitlement’ to the whole of the promised land, either by direct or indirect sovereign control. As such it rejects a political compromise. It seems to confront Palestinians with the unhappy alternatives of political surrender or forcible resistance. Paths promising a political compromise, sovereign equality, and resting on international diplomacy seem indefinitely closed. Beyond this, the important Arab governments are silently siding with Israel, and Palestinians are without any realistic prospect of unified leadership. Given the recognition of this situation, it is difficult not to succumb to despair.

 

And yet, the Palestinians show no sign of regarding their struggle as ‘a lost cause.’ Resistance activity remains robust, and no element of the Palestinian leadership seems ready to sign on to the U.S. proposals, despite the temptations afforded by the offers of economic relief, which must be difficult to dismiss given the desperate plight of the 2 million Palestinians living in Gaza and the diminishing sense of national territory in the West Bank, given Israeli accelerating encroachments and Washington bright green light given expansionist ambitions and cruel, coercive tactics.

 

Such an unfavorable context is reinforced by the retreat from globalization. This retreat as complemented by ultra-nationalism has resulted in reduced respect for the authority of the UN, as well as weakened pressures for a genuine two-state compromise at the UN, which is itself supplemented by less willingness to challenge Israeli defiance of international humanitarian law. The utter disregard of Israeli continual reliance on excessive violence at the Gaza border is emblematic of both disregard by the media, UN, and EU for Palestinian rights and Israeli lawlessness.

 

Yet these developments, as paradoxical as it may sound, also have the potential to improve Palestinian prospects. There are two broad explanations. First, the earlier posture in international society had not been helpful to the Palestinian struggle for basic rights. As earlier suggested, Israel acted to undermine the core element in what was regarded as the international consensus, namely, the establishment of a viable sovereign Palestinian state with East Jerusalem as its capital. By allowing the settlement movement to go forward with subsidized government assistance and encouragement the Israeli government signaled its intention to never let go of control over ‘the promised land.’ Even if forced by geopolitical pressures to accept some kind of demilitarized Palestinian state, the obstacles involved in reversing the settlement dynamic in the West Bank and Jerusalem became more formidable with each passing month. Almost as tellingly, the internal Israeli reference points of ‘Judea and Samaria’ of the West Bank along with the unification and formal annexation of Jerusalem as the eternal capital of the Jewish people underscored the Zionist sense of biblical entitlement as the non-negotiable foundation of its claim rather than the mixture of legal, moral, and political considerations that formed the vision of both the consensus at the UN and the outlook project by ‘liberal Zionists’ in the Jewish diaspora (Khalidi, Brokers, 200-).

 

Secondly, the combinaton of releasing the Trump/Kushner plan and its embrace not only by Netanyahu, and the Likud Party, but by Gantz and Blue and White, clarifies two aspect of the overall situation that had been previously somewhat obscure: (1) present prospects of any form of political compromise to resolve the conflict by diplomacy between the parties are dead for the foreseeable future; (2) advancing the Palestinian struggle at this stage depends on sustaining the legitimacy war that uses all means available to react against Israeli lawlessness and immorality, including international judicial tribunals and the UN Human Rights Council and General Assembly (Falk, 2017), continuing various forms of Palestinian resistance to demonstrate that the struggle lives on within Palestinian society, and building momentum in global civil society by soft power means, currently most effectively expressed by the BDS Campaign.

 

In effect, the Palestinian struggle has shifted its center of gravity from its intergovernmental axes to that of the resistance and solidarity. In other words, the role of governments and international institutions, once dominant, is now discredited and subordinated. At some later stage of the conflict, if a balance more favorable to the protection of Palestinian rights is achieved or there is some kind of change of outlook in the United States and/or Israel, then there might again emerge a greater willingness to allow a diplomatic framework to help fashion a mutually acceptable political compromise, but with a major difference. The new diplomacy to have any chance of success in producing a sustainable peace arrangement, must proceed on the basis of the formal and existential equality of the parties, either relying on direct inter-governmental negotiations or by selecting a credibly neutral mediating framework.

 

This alternative more positive framework for conflict resolution not only depends on delegitimation, resistance, and solidarity, it also depends critically on a prior Israeli decision to dismantle the apartheid features of its state structures that now subordinate and victimize the Palestine people as a whole (including refugees, exiles, minority in pre-1967 Israel) on the basis of racial criteria (Falk & Tilley, 2017). Considering the similarities and dissimilarities with the South African experience is also illuminating. The changed balance achieved with respect to South African apartheid was largely achieved by resistance and solidarity initiatives, although unlike the Israel/Palestine conflict, aided by a globalized anti-apartheid campaign. It was a soft power triumph in the end, although that the threat and reality of armed struggle was never eliminated. In the end, the white leadership made a calculated decision that their interest would be better served by accepting what a decade earlier seemed a utopian impossibility—that is, a transition to a multiracial constitutional democracy, which the demographics made clear, would means that the long victimized African majority would control the political destiny of the country. The bargain, a kind of ‘genuine deal of the century’ was a tribute to the skills of Nelson Mandela and the leadership of de Klierk, that made the white minority take their chances based on guarantees of their economic and social rights. Mandela has been criticized for allowing the white to retain their privileged economic position and social status, but without such flexibility, any transition to post-apartheid South Africa would have been violent and bloody.

 

Although Israeli Zionists have genuine demographic concerns given the relative size and fertility rates of the two peoples, their prospects in a secular constitutional democracy for a large share of control over the institutions of governance would remain much more favorable to Jews, provided Jews would not abandon such a post-apartheid state and Palestinians would uphold the rights of the Jews if they were to gain control over the governing process. Undoubtedly, the situation would reflect the context, including geopolitical factors and the motivations, wisdom, and skills of the leadership on both sides.

 

What seems clear, whether the retreat from globalization deepens or is reversed, is that the preconditions of ending Israeli apartheid and accepting commitments to the substance and spirit of equality on both sides is essential to overcoming the present approach premised on a victory scenario combined with the spirit and substance of inequality, which will add to Palestinian suffering without achieving Israeli peace and security. In these circumstances, unlikely to be altered in the near future, the present pattern of control and encroachment will continue.

 

A Concluding Comment

The preceding analysis leads to the conclusion that the retreat from globalization is one factor in altering the nature of the Palestinian struggle, but may not in the end affect the outcome. In the immediate setting, it seems like a major setback for the Palestinians as the Israelis have unambiguous geopolitical support for their most extravagant claims, and there is no meaning countervailing power at either the regional or global levels. Yet in the post-colonial period, a long subjugated people do not give up their dreams of political independence and their grievances of rights denied, especially in the Palestinian as long endorsed by the UN and international public opinion. One development favoring the Palestinians, and evidently worrying the Israelis, is the increasing acceptance of the view that Israel maintains an apartheid structure of control over the Palestinian people and that the Israel needs to be perceived as the last remaining significant settler colonial state. This chance of discourse has been countered by branding activists and critics as ‘anti-Semites’ although their opposition to Israel is nonviolent and unrelated to hostility to Jews as a people, but to the Israeli state as depriving the majority resident population of its rights of self-determination and its overall human rights.

 

Each struggle has its own features, and this is particularly true in the case of Israel/Palestine. A crucial such distinguishing feature is that Israel managed to impose its political will on Palestine with the help of British colonial support, yet able to come to independence as a powerful manifestation of anti-colonial struggle by coercing not only the Palestinians, but making life untenable for the British (Kaplan, 2019). Of course, the last stage of the struggle to establish Israel in the face of Palestinian and Arab opposition were a series of developments in Europe favorable to the Zionist project, especially the moral sympathy arising from Nazi genocidal behavior and the liberal guilt of Europe and North America arising from their failure to challenge German murderous racism. These factors led to the premature legitimation of Israel in 1948, reaching its climax by admission to the United Nations without first resolving Palestinian grievances in a satisfactory manner. Such an attempt might not have succeeded in any event as the Palestinian side refused the idea of partitioning its homeland, and the Zionist side, although outwardly ready to strike a pragmatic bargain never gave up its vision of restoring sovereignty over the biblical homeland of the Jewish people.

 

Finally, the retreat from globalization is too new and contingent, to serve as a basis for anticipating the future as it impacts on the Israel/Palestine struggle. As suggested, present realities suggest that the situation seems to favor Israeli ambitions, but some factors could strengthen the Palestinian position overnight, such as the rejection of Trump in the 2020 American elections, the true unification of Palestinian leadership, or the shift toward democratic populism in the Arab world as foreshadowed by the 2011 uprisings. In the event of a restored spirit of globalization an early undertaking might be renewed attention to Palestinian grievances, and a resolve to take action to complete the policy agenda of decolonization and racial equality that dominated the last decades of the prior century .   

 

 

References

 

Abunimah, A.(2014) The Battle for Justice in Palestine. Chicago,Il: Haymarket Books.

 

Bauck, P. & Omer, M. (eds) (2013)  The Oslo Accords: A Critical Assessment 1993-2013. Cairo, Egypt, American University in Cairo Press

 

Bishara, M. (2020) “U.S. and Israel Vote: Two ‘Racist’ Incumbents and Two Proud Jews,” https://www.aljazeera.com/indepth/opinion/israel-vote-racist-incumbents-proud-jews-200302062307608.html

 

 

“Exchange of Letters between PM Sharon and President Bush” (2004) <mfa.gov.il>

 

 

Falk, R.A. (1999) Predatory Globalization: A Critique. Cambridge, UK, Polity Press

 Falk, R. A. (2014) Humanitarian Intervention and Legitimacy Wars: Seeking Peace and Justice in the 21st Century. London, UK: Routledge

 

Falk. R.A. & Tilley, V.Q. 2017. “Israeli Practices and the Question of Apartheid.” Beiirut, Lebanon, Economic and Social Council for West Asia (ESCWA

 

Falk, R.A. (2017)  Palestine Horizon: Toward a Just Peace. London,UK: Pluto Press.

 

Falk, R. Blog on Security Council 2016 decision on settlements

 

“Legal Consequences of Constructing a Wall on Occupied Palestinian Territory,” International Court of Justice, Advisory Opinion, 8 July 2004

 

Kaplan, A. (2018) Our American Israel: The Story of an Entangled Alliance. Cambridge, MA: Harvard University Press. )

 

Kattan, V. (2003) From Coexistence to Conquest: The Origins of the Arab-Israeli Conflict, 1871-1949. London, UK: Pluto Press.

 

Khalidi, R. (2013) Brokers of Deceit: How the U.S. Undermined Peace in the Middle East. Boston, MA: Beacon Press

 

Mearsheimer, J & S. Walt (2002) The Israeli Lobby and U.S. Foreign Policy. New York: Farrar, Straus, and Giroux.

 

Olson, P. (2011) Fast Times in Palestine: A Love Affair with a Homeless Homeland. Seal Press.

 

Pipes, D. (2018) “Achieving Peace Through Israeli Victory.” <www.danielpipes.org>

 

Said, E. W. (2000) The End of the Peace Process: Oslo and After. New York: Pantheon.

 

Slaughter, A-M. (2004) The New World Order. Princeton, NJ: Princeton University Press.

 

Slaughter, A-M. (2017) The Chessboard and the Web: Strategies of Connection in a Networked World. New Haven, CT: Yale University Press.

 

Swisher, C.E. (2011) The Palestine Papers The End of the Road. Chatham, UK: Hesperus Press.

 

UN General Assembly, Res. ES-10/L.22.  (2017) On Moving American Embassy in Israel to Jerusalem.

 

(2016)“Israel Settlements Without Legal Validity,” UN Security Council Res. 2334,

 

(2020) “Peace to Prosperity: A Vision to Improve the Lives of the Palestinian and Israeli People.” Washington, D.C.: White House.

     

  

First Reactions to the Farce of the Century

28 Jan

Rodrigo Craviero Supplemental Interview Questions

 

Q: What kind of comments would you add?

 

The release of Trump’s plan seems to have generated far less interest and enthusiasm, except on Netanyahu’s, and likely majority opinion in Israel, than I expected. It may be too soon to be confident that this first impression will turn out to be accurate. What seems clear from the timing and mode of release is that the Trump/Kushner plan is intended to help Netanyahu prevail in the upcoming Israeli elections, and will also be useful to Trump with respect to Evangelical and hard-core Jewish support in the presidential election in November. There is some reason to believe, whether knowingly or not, the plan, and the pre-release one sidedness was designed to ensure a Palestinian rejection, allowing Israel to embrace the plan and claim to seek peace, as well as go forward with unilateral moves such as annexing the Jordan Valley.

 

Q: How do you see also fact return of Palestinian refugees will be impossible, as Netanyahu told, and Jerusalem will continue indivisible?

 

The failure to address the issue of Palestinian refugees in a responsible manner is both a deficiency in the proposal, and a tragic humanitarian evasion. Palestinian refugee population, estimated at over five million, have long languished in a variety of refugee camps, without rights or decent life conditions. There can be no peace as long as this situation persists.