Tag Archives: Palestine

What Dani Dayan Says and Why It Is Interesting

27 Jul

 

 [Note: I have revised the first paragraph of this post to take some note of comments addressed to the original version, and in light of my own further thoughts]

            Dani Dayan’s article, “Israel’s Settlers Are Here to Stay,” was published by the NY Times on July 26, 2012. Dayan is the chairman of the Yesha Council of Jewish Communities, and has been long known as a leading spokesperson of the settler movement. An obvious response to such a settler screed might be to dismiss it out of hand as an extremist expression of Israeli views, which it certainly is, but it would seem a mistake to do this before taking some account of its content and timing. The moral and legal premises that underlie Dayan’s insistence that the settlers will never leave the West Bank are without substance, but the political arguments he puts forward are so strong as to be virtually irrefutable. It may also be worthwhile to speculate as to why Dayan decided to drop this bombshell into the midst of the American electoral maelstrom as a  kind of trial baloon at this time and why the NY Times, so normally careful about such matters, opened up its opinion page to views so at odd with mainstream thinking that has prevailed for decades about how to resolve the conflict. How Netanyahu stands on these issues is a bit of a mystery. Although he has backed the creation of a Palestinian state in recent years, he has also generally supported the settler movement and has not yet repudiated the recent Levy Report that reached conclusions that I would imagine that Dayan welcomes.

 

            Dayan’s first premise contends that the settler movement is entitled to the territory obtained in 1967 because it was the Palestinians who at the time were threatening Israel with the prospect of annihilation and it was Israel that acted in self-defense whereby it came into the possession of the West Bank and the whole of Jerusalem. This is a position lacking traction among almost all international law specialists, increasingly contested by diplomatic historians as to the actual sequence of events in 1967, and politically rejected shortly after the fact by the entire international community, including the United States. This rejection was expressed in the authoritative and unanimous UN Security Council Resolution 242 passed in 1967 calling for an Israeli withdrawal from the territories that had been occupied in the Six Day War. No Israeli leader, including even the rejectionist Netanyahu, has openly challenged this line of interpretation, although the settler movement from its origins has fed off Israeli ambivalence as to whether a peace agreement was really in Israel’s interest if it meant the substantial return of the territories occupied in 1967. The Israeli de facto compromise was to endorse the two state consensus by incremental stages, but simultaneously to engage in a concerted variety of actions that made its implementation increasingly implausible from the perspective of practical politics.

 

            It is astonishing that most governments in the world and the highest officials at the UN have chosen to disregard this implausibility up to this very moment. What Dayan is in effect telling the world is that the realities of the situation make it hypocritical and useless to keep pretending that a negotiated peace between the parties is, or ever was, a political option. In his opinion, there are now too many settlers with no intention to leave ever, and most not apparently not susceptible to bribes having forgone profitable opportunities to sell their settlement property in the past. Dayan tellingly points out that it was nearly impossible for the pro-settler Sharon government to get 8,000 settlers to leave Gaza in 2005, making the idea of removing the 350,000 settlers now living in the West Bank (expected to rise to 400,000 by 2014), 160,000 of whom are outside the settlement blocs, a misguided pipedream, or in Dayan’s words, “exponentially more difficult” and hence their presence “in all of Judea and Samaria..is an irreversible fact.” Can any responsible person doubt the force of Dayan’s reasoning on this central issue?

 

            Dayan develops his argument by invoking a combination of “inalienable rights” and a “realpolitik” favorable to settler claims . I find Dayan convincing from a realpolitik perspective, given the realities of the current balance of forces in Israel/Palestine, in the region, and in the world, although this could prove to be short lived. In contrast, Dayan is totally self-serving and one-sided when he also claims that inalienable rights support his conception of Greater israel. Such a claim overlooks the relevance of the generally accepted reading of Article 49(6) of Geneva Convention IV that prohibits an occupying power from transferring its population to an occupied territory or altering the character of an occupied society.  Dayan’s views also seem blind to the immorality of displacing the Palestinian people who have lived on these lands for centuries even if one grants the underlying Zionist claim to a homeland in historic Palestine. The fact that the Palestinian leaders and the neighboring Arab governments rejected the UN endorsed partition plan back in 1948 does not mean that the Palestinian people implicitly waived or lost their right to self-determination, which is genuinely inalienable. And it certainly doesn’t mean that Palestinians can be doomed to live indefinitely under apartheid conditions as a rightless, subjugated minority (that might soon be a majority), remembering that apartheid is enumerated as one instance of crimes against humanity in the statute of the International Criminal Court. There are, to be sure, inalienable rights, but they belong to the Palestinians, and certainly not to the settlers.

 

            Dayan refers to the West Bank throughout as “Judea and Samaria,” their biblical names in Jewish tradition, apparently as a way of signaling his defiance of world public opinion as to the status of the territories. Again we can at least welcome this brazen expression of honesty, not hiding behind evasions and linguistic ambiguities as Israeli diplomats have tended to do over the years when it comes to acknowledging the significance of continuously expanding the settlements, creating a network of expensive settler roads, and building the separation wall while still affirming their readiness to negotiate the formation of an independent Palestinian state. Dayan minces no words, insisting that a Palestinian state between Jordan and Israel would always have been an unsustainable security disaster for Israel. Such a Palestinian state would quickly fall under the control of Hamas as it became a place of refuge for hundred of thousands of embittered Palestinians who have been living in refugee camps for almost 65 years. According to Dayan, such a Palestinian state would be a crucible of anti-Israeli extremism that would inevitably prompt Israeli military reoccupation. This makes some sense once more from an Israeli realpolitik viewpoint, but its implications for the Palestinians is so manifestly unacceptable as to make its a declaration of total and permanent war against Palestinian hopes, aspirations, and rights. Maybe for this reason such a logic as espoused by Dayan has rarely been articulated outside of Israel.

 

            To be fair, Dayan does not entirely brush aside considerations bearing on Palestinian wellbeing. To his credit, he does not even discuss, much less support, ethnic cleansing, to ensure the maintenance of Jewish identity in a democratic polity. Dayan seems content to endure an eventual Palestinian majority population so long as the Israelis are in control, that is, Israeli domination is apparently sufficient for security, and this outweighs the search for democratic legitimacy. Without raising the question of Palestinian rights, Dayan claims that the Palestinian Authority is not dissatisfied with the status quo, and that Palestinian economic development is proceeding in areas under their control, especially in and around Ramallah. Furthermore, if Palestinians would only give up their futile resistance, Dayan says that most checkpoints could be removed. His ‘solution’ for the refugee problem is to improve the conditions in the camps, which he acknowledges as wretched. To think that this is morally, legally, or politically adequate is to understand how far from accepted ideas of justice Dayan strays while seeking to convince readers that not only is the occupation over but that all can be made to be okay even for the Palestinians.

 

            Why should not this assault of human dignity be merely refuted and cast aside as confirmation of just how extremist and bold the settler movement has become? There are several reasons for a more reflective response. Most importantly, Dayan’s analysis demolishes the existing unquestioned diplomatic framework that has locked Palestinian dreams into an endless nightmare of oppression and futility. By doing this, he opens the way to a necessary dialogue as to what kind of solution can be plausibly put in place of the two-state consensus? Less significantly, he lends credibility to arguments from critics, such as myself, of the peace process as foisting a cruel deception on the Palestinians and public opinion, while the settlement time bomb is allowed keep on ticking without being defused.

 

            Also, perhaps, whether deliberately or not, the NY Times by highlighting Dayan’s views so outrageously at odds with its consistent editorial position over the years, has decided belatedly to acknowledge that a new set of realities pertains to the Israel/Palestine conflict. Maybe this august newspaper that never strays too far from the Pentagon/State Department line on Middle East foreign policy received a midnight signal from Washington that it was time to start a new debate on how to depict the conflict or even to begin the difficult task of envisioning the shape and auspices of a new peace process. Of course, to dump such a smoke bomb into the midst of an already confusing presidential electoral campaign seems so strange as to make one wonder whether the NY Times opinion gatekeepers, normally so vigilant, may have on this occasion been caught sleeping, allowing Dayan’s radical dissent from the liberal conventional wisdom of the newspaper to slip by unnoticed.  

 

 

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For What?

20 Jul

 

             Being disinclined to look in mirrors, not only to avoid evidences of aging, but also because of an autobiographical deficit, I have recently started to question the vectors of my motivation. Not to raise doubts but to seek some understanding of ‘for what?’ I am especially wondering the reasons behind my solidarity with the struggles of distant strangers, why such solidarity is not more widely shared with likeminded friends, and why the inevitable priorities as to what is emphasized and what is ignored have the shape they do. Most pointedly, why am I giving the Palestinians so much more attention and psychic energy than the Kurds, Tibetans, or Kashmiris, and a host of other worthy causes? And how do I explain to myself a preoccupation with the unlawful, immoral, and imprudent foreign policy of the U.S. Government, the sovereign state of my residence upon whose governmental resources I depend upon for security and a range of rights?

 

            There are rational answers that tell part of the story, but only a part, and probably the least illuminating part. I was drawn to the Palestinian struggle as a result of friendship with prominent Palestinian exiles while still a student. I formed a well-evidence belief that the U.S. Government and the organized Jewish community were responsible for the massive and enduring confiscation of Palestinian land and rights. And with this awareness came some added sense of responsibility. ‘Just don’t sit and stare, do something.’

And with this modest kind of engagement came pressures to do more by way of public identification and witnessing, which led to a somewhat deeper awareness, greater familiarity, and of course, a dumpster full of harsh criticism. After many years of speaking and writing, the opportunity and challenge to do more in relation to Palestine/Israel conflict came my way unexpectedly in the form of an unsolicited invitation in 2008 to become the next Special Rapporteur for Occupied Palestine on behalf of the UN Human Rights Council.

 

            I never sought such a position, and realized that it would expose me to an escalating onslaught of vicious personal attacks and threats, an expectation that has been amply fulfilled. It is always uncomfortable to be the target of toxic language, and it is even more scary and disturbing to expose my closest partner in life and love to such calumny. Besides the hotly contested terrain that exists whenever Israeli policies are subject to objective scrutiny and criticism, a position within the UN hierarchy is both burdensome and often frustrating. True, being a Special Rapporteur is essentially a voluntary post, without salary or civil service affiliations, although ‘compensated’ to some degree by institutional independence within the UN, which I have discovered in my four years, can be a considerable blessing. There is little doubt in my mind that if I had been a paid employee I would long ago have been handed a pink slip. As it is I have merely endured a barrage of slanderous insults, including from the Secretary General and Susan Rice, the American ambassador to the UN in New York.

           

            Lest I protest and complain too much, I hasten to add that there are also deep and moving satisfactions. I find particularly satisfying the extent to which my two reports each year on the Israeli occupation of Palestine provides a truthful witnessing to the unspeakable ordeal of this prolonged and harsh occupation. Actually, it is less and less an occupation and more and more an apartheid style form of annexation, aggravated by continuous land grabs, various instruments of ethnic cleansing, and a range of gratuitous cruelties most recently dramatized by a series of heroic hunger strikes by Palestinians protesting those aspects of their plight resulting from violent arrest procedures, administrative detention, and deplorable prison conditions falling far below accepted international standards. Bearing witness, giving the Palestinians an authentic voice with which to formulate their grievances, and having the means to issue press releases calling attention to particular incidents of abuse, makes me feel as though my time is well spent even if the bodies keep piling up on the Palestinian side of the border. Part of the challenge in such a role is to realize the discouraging constraints on what can be achieved. Governments mainly don’t listen, and even when they do, their actions and policies are rarely informed by moral imperatives, and so nothing changes however much the evidence is present.

            The devastating impact of the Gaza blockade has been known and lamented for years by political leaders, and yet the costs of doing anything about it have seemed so great that even those who complain most loudly in the chambers of the UN are silent or worse when it comes to doing something. Someone at my level is shouting to be heard amid the clamor that prevails in the diplomatic discotheques of New York and Geneva, and even when heard, must learn to expect nothing to be done or else despair, even madness, will soon follow.

 

            Beyond this rational balance sheet of gains and losses, is a deeper less accessible convergence of feelings and impulses, which cannot be explained, but only acknowledged. I am not sure why direct exposure to victimization has such a powerful animating effect on my behavior, but it does. I do feel that a sense of responsibility emerges with such knowledge, especially that derived from direct contact with the suffering of victims caught in some historical trap not of their own making. Also, whether visiting North Vietnam as a peace activist during the Vietnam War or seeking to understand the Iranian Revolution by talking with its leaders as the extraordinary process was unfolding in Tehran, I felt a meta-professional obligation to share this privileged exposure by talking and writing about it, however inadequately, particularly, as seemed generally to be the case, that the mainstream media distorted and manipulated their presentations of such historic happenings as misleadingly seen through their Western optic of (mis)perception.

 

            Somewhere in this agonizingly slow formation of my character there was being constructed a self that took the shape of ‘engaged scholar’ and ‘citizen pilgrim.’ In retrospect, I think I was reacting somewhat dialectically to my academic colleagues who mostly felt it inappropriate to speak out on controversial issues although they viewed it as entirely professional to consult with the government and quite all right to avoid the public sphere altogether by packaging themselves as experts who should not be expected to take public stands on partisan issues that divided the polity. I felt, increasingly with age, the opposite. I came to believe that it was an organic part of my integrity as teacher/scholar to create a seamless interface between classroom and sites of political struggle. In truth, not entirely seamless as the classroom must always be treated as a sacred space by a faculty member. It should be maintained as a sanctuary for the uninhibited exchange of views however diverse and antagonistic in an atmosphere of disciplined civility. I have always felt that it is a primary duty of a teacher is to establish sufficient trust with students, that is, permission and encouragement of openness of expression with a clear understanding that performance will be objectively assessed, and not affected by agreement or disagreement with what the teacher happens to believe. This is a delicate balance yet far more conducive to learning than a sterile and journeyman insistence that what people beyond the campus are dying for can be usefully addressed with sanitary dispassion.

 

            In the end, this vital domain of conscious pedagogy and unconscious morality, is spiritually validated by an unmediated and uninterrogated sense that this or that is ‘the right thing to do.’ It certainly helps to remain as free as possible of vested interests and career ambitions that tend to crush an implicit pledge of truthfulness that authentic witnessing depends upon. And beyond witnessing there exists an iron wall of moral obligation: caring about the future, doing what I can to make the world a better place for human habitation and co-evolution with nature, which I have understood as a species obligation that has been made historically urgent ever since an atomic bomb was exploded over the Japanese city of Hiroshima and is now also deeply connected with protecting the planet from the multiple hazards of global warming hopelessly embedded in our carbon-dependent life styles as promiscuously promoted in disastrous directions by the greed of superrich fossil fuel billionaires and their far too powerful corporate allies.

 

            I have not rested these life commitments on the teachings of any particular religious tradition or institution, although I have long found the great world religions, East and West, despite their menacing contradictions and multiple readings, as providing me with the most profound sources of wisdom and guidance. It is the basis of my ecumenical longing for human solidarity, along with my feelings of awe produced by contact with cosmic and natural wonders, and deeply informs my sense of the spiritual ground of the human adventure. These sentiments are reinforced in my case by a commitment to an emergent form of cosmopolitan citizenship that owes allegiance to the ethics and praxis of human sustainability, the individual and collective dignity of all human beings, and a respectful kinship with and love of our non-human co-inhabitants of the planet. Such perspectives, I believe, respond to our historically precarious situation as a species, and here in America, this concern is accentuated. For this is a country with a surfeit of moral and political pretensions. It exhibits hubris to an alarming degree, and in extravagant ways, and is endangering itself along with the rest of the world by a refusal to heed what the geopolitical mirror of reflection warns about. 

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Pros and Cons of Solidarity with the Palestinian Struggle

11 Jul

 

            The posture of solidarity with the struggle of ‘the other’ is more complex than it might appear at first glance. It seems a simple act to join with others in opposing severe injustice and cruelty, especially when its reality is experienced and witnessed first-hand as I have for several decades in relation to the Palestinian struggle. I was initially led to understand the Palestinian (counter-) narrative by friends while still a law student in the late 1950s. But my engagement was more in the spirit of resisting what Noam Chomsky would later teach us to call ‘indoctrination in a liberal society,’ a matter of understanding how the supposedly objective media messes with our mind in key areas of policy sensitivity, and none has turned out in the West, especially in North America, to be more menacingly stage managed than the presentation of Palestinians and their struggle, which merge with sinister forms of racial and religious profiling under the labels of ‘the Arab mind’ and ‘Muslim extremism.’ The intended contrast to be embedded in Western political consciousness is between the bloodthirsty Arab/Palestinian/Muslim and the Western custodian of morality and human rights.

 

            Perhaps, for very personal reasons I had since childhood taken the side of the less privileged in whatever domain the issue presented itself, whether in sports or family life or in relation to race and sexual identity, and professionally, in foreign policy. Despite being white and attracted sexually only to women, I found myself deeply moved by the ordeal in democratic America of African Americans, gays, and later, members of indigenous communities. I have sustained these affinities despite a long career that involved swimming upstream in the enclaves of the privileged as a longtime member of the Princeton University faculty.

 

            In recent years, partly by chance, most of these energies of solidarity have been associated with the Palestinian struggle, which has involved mainly in my case the bearing of witness to abuses endured by the Palestinian people living under occupation or in varying forms of exile, especially in my role as UN Special Rapporteur. This is an unpaid position, and affords me a much higher degree of independence than is enjoyed by normal UN career civil servants or diplomats serving a particular government. Many of these individuals work with great dedication and taken on dangerous assignments, but are expected to conform to institutional discipline that is exercised in a deadly hierarchical manner that often links the UN to the grand strategy and geopolitical priorities of a West-centric world order. This structure itself seems more and more out of step with the rise of the non-West in the last several decades. Just days ago the Indian representative at the UN called for a restructuring of the Security Council to get rid of its anachronistic cast of characteristics that overvalues the West and undervalues the rest.

 

            Bearing witness involves being truthful and as factually accurate as possible, regardless of what sort of consensus is operative in the corridors of power. In a biased media and a political climate that is orchestrated from above, the objectivity of bearing witness will itself be challenged as ‘biased’ or ‘one-sided’ whenever it ventures onto prohibited terrain. In actuality, the purpose of bearing witness is to challenge bias, not to perpetuate it, but in our Orwellian media world, it is bias that is too often presented as balanced, and truth witnessing that is either ignored or derided.

 

             The witness of unwelcome truths should always exhibit a posture of humility, not making judgments about the tactics of struggle employed by those fighting against oppression, and not supplying the solutions for those whose destinies are directly and daily affected by a deep political struggle. To do otherwise is to pretend to be thea purveyor of greater wisdom and morality than those enduring victimization. In the Palestine/Israel conflict it is up to the parties, the peoples themselves and their authentic representatives, to find the path to a sustainable and just peace, although it seems permissible for outsiders to delineate the distribution of rights that follow from an application of international law and to question whether the respective peoples are being legitimately represented.

 

            These comments reflect my reading of a passionate and provocative essay by Linah Alsaafin entitled “How obsession with ‘non-violence’ harms the Palestinian cause,” which was published online in the Electronic Intifada on July 11, 2012. The burden of her excellent article is the insistence that it is for the Palestinians, and only the Palestinians, to decide on the forms and nature of their resistance. She writes with high credibility as a recent graduate of Birzeit University who was born in Cardiff, Wales and lived in England and the United States, as well as Palestine. She persuasively insists that for sympathetic observers and allies to worship at the altar of Palestinian non-violence is to cede to the West the authority to determine what are acceptable and unacceptable forms of Palestinian struggle. This is grotesquely hypocritical considering the degree to which Western militarism is violently unleashed around the planet so as to maintain structures of oppression and exploitation, more benignly described as ‘national interests.’ In effect, the culturally sanctioned political morality of the West is indicative of an opportunistically split personality: nonviolence for your struggle, violence for ours. Well-meaning liberals, by broadcasting such an insidious message, are not to be welcomed as true allies.

 

            In this connection, I acknowledge my own carelessness in taking positive note of this shift in Palestinian tactics in the direction of nonviolent forms of resistance, being unwittingly paternalistic, if not complicit with an unhealthy ‘tyranny of the stranger.’ It is certainly not the case that Alsaafin is necessarily advocating Palestinian violence, but rather she is contending that unless the Palestinians realize that they must mobilize their own masses to shape their own destiny, which leads her to lament because it is not yet happening, nothing will change, and the occupiers and oppressors will continue to dominate the Palestinian scene. In effect, Alsaafin is telling us that deferring to Western canons of struggle is currently dooming Palestinians to apathy and despair.

 

            I find most of what Alsaafin has to say to be persuasive, illuminating, and instructive, although I feel she neglects to take note of the courage and mobilizing impact of the prison hunger strikes that have ignited the imagination of many Palestinians in recent months. Also, to some extent, my highlighting of nonviolence was never intended as an input into the Palestinian discourse or as favorable commentary, but seeks to challenge and expose the untrustworthiness of Western liberals who have for years been lecturing the Palestinians to abandon violence for the sake of effectiveness, arguing that a supposedly democratic and morally sensitive society such as they allege exists in Israel would be responsive to a nonviolent challenge by the Palestinians, and this would in turn lead to a more reasonable and fair negotiating approach by the Israelis out of which a just peace could emerge.  As should have been understood by the harsh Israeli responses to both intifadas, Israel turns a blind eye to Palestinian nonviolence, or even does its best to provoke Palestinian violence so as to have some justification for its own. And the usually noisy liberal pontificators such as Tom Friedman and Nicholas Kristof go into hiding whenever Palestinian creativity in resistance does have recourse to nonviolent tactics. These crown princes of liberal internationalism were both silent throughout the unfolding and dramatic stories of the various long hunger strikes. These were remarkable examples of nonviolent dedication that bear comparison with Gandhi’s challenges hurled at the British Empire or the later efforts of the IRA to awaken London to the horrors of prison conditions in Northern Ireland, and certainly were newsworthy.

 

            At the same time, there are some universal values at stake that Alsaafin does not pause to acknowledge. There are two of these truths intertwined in bewildering complexity: no outsider has the moral authority or political legitimacy to tell those enduring severe oppression how to behave; no act of violence whatever the motivation that is directed against an innocent child or civilian bystander is morally acceptable or legally permissible even if it seems politically useful. Terrorism is terrorism whether the acts are performed by the oppressor or the oppressed, and for humanity to move toward any kind of collective emancipation, such universal principles must be affirmed as valid, and respected by militants.

 

            Also absent from the article is any effort to situate the Palestinian struggle in an historical and geographic context. There are tactical realities in some situations of conflict that may make those who act in solidarity a vital part of the struggle that participate on the basis of their own political calculus. The Vietnamese recognized the importance of an autonomous Western peace movement in weakening the will of the American political establishment to continue with the Vietnam War. The global anti-apartheid campaign turned the tide in South Africa, and allowed the internal forces led by the African National Congress to prevail in their long struggle against settler colonial rule and racism. We all need to remember that each struggle has its own originality that is historically, politically, and culturally conditioned, and the Palestinian struggle is no exception.

 

            As Alsaafin powerfully reminds us who attempt to act in solidarity, while she is addressing a related message to the Palestinians, it is for the Palestinians to exert leadership and find inspiration, and for the rest of us to step to one side.  We must be humble for our sake as well as theirs, they must be assertive, and then our solidarity might make a welcome contribution a rather than unintentionally administering a mild depressant.   

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Beyond the Politics of Invisibility: Remembering Not to Forget Palestinian Hunger Strikers

28 May

 

            With a certain amount of fanfare in Israel and Palestine, although still severely underreported by the world media and relatively ignored by the leading watchdog human rights NGOs, it was observed with contradictory spins that the Palestinian hunger strikes had been brought to an end by agreement between the strikers and Israel. At least, that is what most of us believed who were following this narrative from outside the region, but like so much else in the region our understanding was a half-truth, if that. Whether Israel abides by its assurances remains to be seen, and although these strikes were courageous acts of nonviolent resistance it is not clear at this point whether they will have any longer term effects on the Israel’s occupation, arrest, and prison policy, or on the wider Palestinian struggle.

 

            Two things are certain, however. First, a much wider awareness that Israel’s reliance on administrative detention, its abusive arrest procedures, and its prison system deserves wider scrutiny than in the past, and that this dimension of the prolonged occupation of Palestine has been responsible for inflicting great suffering on many Palestinians and their families ever since 1967. Whether such a structure of imprisonment of an occupied people should be viewed as a hitherto neglected dimension of state terrorism is an open question that should be further investigated. Secondly, that the hunger strike as a mode of resistance is now part of the Palestinian culture of resistance, and an option that engages Palestinian political consciousness in manner that did not exist prior to Khader Adnan’s 66 day hunger strike initiated on December 17, 2011.

 

            There were parallel and overlapping strikes: A sequence of long-term strikes, first, Adnan, followed by Hana Shalabi, then Thaer Halahleh and Bilal Diab, and maybe others, focusing on humiliating and abusive arrest procedures, as well as administration detention as a practice; and then a second wave of strikes, commencing on April 17, 2012, Palestine Prisoners Day and ending 30 days later on the eve of the 2012 Nakba observance. This latter protest involved more than 1600 Palestinian prisoners, who were initially inspired by the Adnan and Shalabi strikes, and focused their challenge on deplorable prison conditions.  

 

            Supposedly Israeli prison authorities agreed under the pressure of these latter strikes to reduce reliance on solitary confinement in its prisons and to allow more family visits, especially from Gaza. Gaza prisoners had been denied such visits for years as an unlawful reprisal mandated by the Knesset in angry reaction to the capture of the Israeli soldier, Gilad Shalit. What was this pressure? It was not moral suasion. It seemed to be a calculated decision by Israeli prison authorities that it would be better to make small concessions than risk angry reactions to the death of any hunger strikers. The debate in the Israeli press was entirely pragmatic: whether it was worse to have bad publicity or to show weakness by giving in. Israel only seemed to give in. It needs to be understood that Israel retains all the prerogatives to rely on administrative detention in the future and continuing to have unmonitored exclusive control over prison life.

 

            In the background it should be appreciated that the whole structure of this Israeli prison system violates the Fourth Geneva Convention that explicitly forbids the transfer of prisoners from an occupied territory to the territory of the occupier.

 

            These uncertainties about the results of these past strikes should certainly be kept in mind. What is presently of more urgent concern is the failure even to realize that long-term hunger strikes were never ended by at least two prisoners, Mahmoud Sarsak, without food for 70 days, and Akram Rikhawi on strike for 40 days. Both are, as could hardly be otherwise, are currently in danger of dying, and yet hardly anybody seems to know. Sarsak who is 25 years of age and a resident of the Rafah Refugee Camp in Gaza is hardly a nobody. When arrested in July 2009 he was a member of the Palestine National Football Team on his way to a match in the West Bank. He was arrested under the ‘Unlawful Combatants Law,’ which offers a person detained even less protection than is provided by ‘administrative detention.’ It is aimed at Palestinians living in Gaza, a part of Palestine that is treated by Israel (but not the international community) as no longer occupied since Sharon’s ‘disengagement plan’ was implemented in 2005. Iman Sarsak has bemoaned his brother’s fate, “My family never would have imagined that Mahmoud would have been imprisoned by Israel. Why, really why?”

 

            There is reason to believe that rather than some conjured up security concern, Sarsak was arrested as part of a broader effort to demoralize the Palestinians, especially those long entrapped in Gaza. During the savage attacks on Gaza at the end of 2008 (‘Operation Cast Lead’) the national stadium used for football and the offices of the Palestine Football Association were targeted and destroyed, and three members of the Palestine team killed. All along, the team has been handicapped by curfews, checkpoints, and harassments, as well as the blockade of Gaza, that has forced the team to forfeit many games. The goalkeeper, Omar Abu Rwayyes has said, “if you degrade the national team you degrade the idea that there could ever be a nation.” Football, what we Americans call soccer, plays a vital symbolic role in the self-esteem and national consciousness of peoples throughout the Arab world, and elsewhere in the South, to a degree unimaginable for even a sports crazy country like the United States.

 

            There has been some slight notice taken of the plight of the Palestinian team in the football world. A few years ago Michel Piatini, President of FIFA, warned Israel that it was risking its own membership in the world association if it continued to interfere with the Palestinian efforts to field the best possible team for international competition. But as with many international gestures of protest against Israel, there was no follow through, nullifying the original impulse. In fact, a disturbing reversal of approach took place. Not long afterwards, Piatini actually presided over a process that awarded Israel the honor of hosting the 2013 Under-21 European Championships. A British NGO, ‘Soccer Without Borders’ was not so easily seduced, issuing a declaration urging a boycott of the event in Israel, declaring that its organization “stands in solidarity with Mahmoud Sarsak and all Palestinian political prisoners.”

 

            As is usually the case, the Israeli response in self-justifying and cynical. A shin bet official insisted that Israel “can’t play by the rules of bridge if everyone else is playing rugby.” This kind of assertion papers over the degree to which Israeli society in recent years has enjoyed peace, prosperity, and security while Palestinians have been enduring the rigors of a cruel occupation and the severe vulnerabilities of a rightless existence. Palestinians have also been experiencing the split reality of observing a set of protective laws applied Israeli settlers (all of whom are part of an unlawful enterprise) and an unregulated military structure applied arbitrarily to the indigenous residents of the West Bank, East Jerusalem, and Gaza.

 

            With national athletes being such objects of interest it shows how effective is this ‘politics of invisibility’ that keeps the world from knowing the harm being done to the Palestinian people and how they are resisting, often at great risk and self-sacrifice, as epitomized by these long hunger strikes. One can be certain that if such repressive measures were taken by China or Myanmar there would be a mighty cascade of interest, coupled with high minded denunciations from the global bully pulpits of political leaders and an array of moral authority figures. But when the Palestinians experience abuse or resist by reliance on brave forms of nonviolence there is a posture of almost total disregard, and if a few voices are raised, such as that of Archbishop Tutu it is either ignored because his witness is treated as partisan or according to Israel’s more zealous defenders, he is discredited by being alleged to be ‘anti-semite,’ a denunciation whose meaning has been conflated so as to apply to any critic of Israel. Even such a globally respected figure as Jimmy Carter could not escape the wrath of Israeli loyalists merely because the word ‘apartheid’ in the title of a book urging a just peace between the two peoples.

 

            The politics of invisibility is cruel and harmful. It is cruel because it does not acknowledge a pattern of injustice because the victims have been effectively stigmatized. It is harmful because it sends a strong signal that victimization will only be given some sort of visibility if it shocks the conscience by its violence against those who seem innocent. Such visibility has a largely negative and stereotyping impact, allowing the oppressor to escalate state violence without risking any kind of backlash or even notice, and validating the perception of the victim population as undeserving, and even as evil endorsers of an ethos of terrorism. Israeli hasbara has worked hard over many years to stereotype the Palestinians as ‘terrorists,’ and by doing so to withdraw any sympathy from their victimization, which is portrayed as somehow deserved. These hunger strikers, despite all indications to the contrary, are so described, attributing their supposed association with Islamic Jihad as synonymous with an embrace of terrorism.  A more objective look at the evidence suggests that Islamic Jihad has itself for several years abandoned tactics of violence against civilian targets, and is part of a broader shift in Palestinian tactics of resistance in the direction of nonviolence. Such shifts are either totally ignored by the politics of invisibility or there is a refusal to acknowledge the shift so as to keep the negative stereotype before the public. 

 

            It is one more challenge to global civil society to do what international law is currently incapable of doing: treat equals equally. If the world media renders visible the plight of Chinese human rights activists who are abused by the state, might not at least human rights NGOs note this emergency plight of Palestinian hunger strikers on the edge of death?  And if these NGOs are afraid to do so, should not those with eyes able to see such torment, start screaming at the top of our lungs?

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Goldstone’s Folly: Disappointing and Perverse

4 Nov

This post is a slightly revised version of an online article published yesterday by Al jazeera English.

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            Surely, the New York Times would not dare turn down a piece from the new Richard Goldstone who had already recast himself as the self-appointed guardian of Israel’s world reputation even as he had earlier been anointed as the distinguished jurist who admirably put aside his ethnic identity and personal affiliations when it came to carrying out his professional work as a specialist in international criminal law or in carrying out high profile investigative and factfinding missions in the international arena. Goldstone was even seemingly willing to confront the Zionist furies of Israel when criticized by one of their own adherents in chairing the UN panel appointed to consider allegations of Israeli war crimes during the Gaza War of 2008-09 .

 

A few months ago Goldstone took the unseemly step of unilaterally retracting a central conclusion of the ‘Goldstone Report’ during those attacks on Gaza. The former judge wrote, then in a column in the Washington Post, that the Goldstone Report would have been different if he had known then what he came to know now, an arrogant assertion considering that he was but one of four panel members designated by the UN Human Rights Council, and considering that the other three publicly reaffirmed their confidence in the original conclusion as presented in the report written and released months earlier. What should have been discrediting of this earlier Goldstone effort to restore his tarnished Zionist credentials was this failure to consult with other members of the team before rushing into print with his seemingly opportunistic change of heart. It is also of interest that he chooses to exhibit this new role on the pages of the newspapers of record in the United States, and reportedly escalated the tone and substance of his retraction after the Times rejected the original version of the piece supposedly because it was too bland. To get into print with this wobbly change of position, Goldstone went to these extraordinary lengths.

 

            Now on the eve of the third session of the Russell Tribunal on Palestine scheduled to be held in Cape Town between November 5-7 Goldstone has again come to the defense of Israel in a highly partisan manner that abandons any pretense of judicious respect for either the legal duties of those with power or the legal rights of those in vulnerable circumstances. Recourse to a quality tribunal of the people, in this instance constituted by and participated in by those with the highest moral authority and specialized knowledge, is a constructive and serious response to the failure of governments and international institutions to declare and implement international criminal law over the course of many years, and the unavailability of either the International Court of Justice or the International Criminal Court. Persons of good will should welcome these laudable efforts by the Russell NGO as overdue rather angrily dismiss them as Goldstone does because of their supposed interference with non-existent and long futile negotiations between the parties. Those who will sit as jurors to assess these charges of apartheid against Israel are world class moral authority figures whose response to the apartheid charge will be assisted by the testimony of experts on the conflict and by jurists of global stature. It should embarrass Goldstone to write derisively of such iconic South African personalities as Archbishop Emeritus Desmond Tutu and Ronnie Kasrils or internationally renowned figures such as the morally driven novelist Alice Walker, Nobel Peace Prize winner Mairead Maguire, former member of the U.S. Congress Cynthia McKinney, the 93 year old Holocaust survivor and French ambassador, Stephane Hessel, as well as several other person of high repute.

 

A further imprimatur of respectability is given to the Russell Tribunal by the participation in the event of Goldstone’s once close colleague, John Dugard, who is internationally regarded as South Africa’s most trusted voice whenever legal comparisons are made between apartheid as practiced in South Africa and alleged in Palestine. Professor Dugard will play a leading role in the Russell proceedings by offering expert testimony in support of the legal argument for charging Israel with the crime of apartheid. Professor Dugard, a widely esteemed international lawyer and global public figure, who was scrupulous in his efforts to report truthfully on the situation of occupied Palestine while acting for seven years as Special Rapporteur for the UN Human Rights Council, which led him already in that role, despite his cautious legal temperament, to allege the apartheid character of the occupation in his formal reports submitted to the United Nations several years ago.

 

Goldstone condemns the venture before it begins without acknowledging the participation of these distinguished participants, scorning this inquiry into the injustice and criminality of Israeli discriminatory practices associated with its prolonged occupation of Palestine by contending that it is intended as an “assault” on Israel with the “aim to isolate, demonize and delegitimize” the country.  In the most aggressive prosecutorial style, Goldstone demonizes these unnamed Russell jurors as biased individuals who hold “harsh views of Israel.” The new Goldstone adopts the standard Israel practice of denigrating the auspices and by condemning any critical voices, however qualified and honest they may be, without bothering to take a serious look at the plausibility of the apartheid allegations. The fact that those familiar with the Israeli policies are sharp critics does not invalidate their observations but raises substantive challenges that can only be met by producing convincing countervailing evidence. Unbalanced realities can only be accurately portrayed by a one-sided assessment if truthfulness is to be the guide to decide whether bias is present or not. If the message contains unpleasant news then it deserves respect precisely because delivered by a trustworthy messenger. It should be reflected upon with respect rather than summarily dismissed because this particular messenger has the credibility associated with an impeccable professional reputation, and strengthened in the context of the Russell Tribunal by a wealth of prior experience that predisposed and prepared her or him to compose a message with a particular slant.

 

The central Goldstone contention is that to charge Israel with the crime of apartheid is a form of “slander” that in his words is not only “false and malicious” but also “precludes, rather than promotes, peace and harmony.”

Of course, it is necessary to await the deliberations of the Russell Tribunal to determine whether allegations of apartheid are irresponsible accusations by hostile critics or are grounded, as I believe, in the reality of a systematic legal regime of discriminatory separation of privileged Israelis, especially several hundred thousand unlawful settlers, from rightless and often dispossessed Palestinians, who are indigenous to the land so long occupied by Israel. The Rome Statute of the International Criminal Court treats apartheid as one among several types of crime against humanity, and associates its commission with systematic and severe discrimination.

 

Although the crime derives its name from the South African experience that ended in 1994 it has now been generalized to refer to any condition that imposes an oppressive regime based on group identity and designed to benefit a dominating collectivity that coercively through its control of the legal system abuses a subjugated collectivity. It is true that ‘race’ is the basis for drawing the dividing line between the two collectivities, but the legal definition of race has been expanded to make it clear beyond reasonable doubt that the practice of apartheid can be properly associated with any form of group antagonism that is translated into a legal regime incorporating inequality as its core feature. This includes regimes that base their human classification of belonging to a group by reference to national and ethnic identity as is the case with regard to Israelis and Palestinians. The government of Israel has itself drawn attention to this ethno/religious divide by demanding that its Palestinian minority and the Palestinian Authority formally accept its character as ‘a Jewish state.’

 

The overwhelming evidence of systematic discrimination is impossible to overlook in any objective description of the Israel’s current occupation of the West Bank, and to a lesser degree, East Jerusalem. The pattern of establishing settlements for Israelis throughout the West Bank not only violates the prohibition in international humanitarian law against transferring members of the occupying population to an occupied territory. It also creates the operational rationalization by Israel for the establishment of a legal regime of separation and subjugation. From this settlement phenomenon follows an Israeli community protected by Israeli security forces, provided at great expense with a network of settler only roads, enjoying Israeli constitutional protection, and given direct unregulated access to Israel. What also follows is a Palestinian community subject to often abusive military administration without the protection of effective rights, living with great daily difficulty due to many burdensome restrictions on mobility, and subject to an array of humiliating and dangerous conditions that include frequent Israeli use of arbitrary and excessive force, house demolitions, nighttime arrests and detentions that subjects Palestinians as a whole to a lifetime ordeal of acute human insecurity. The contrast of these two sets of conditions, translated into operative legal regimes, for two peoples living side by side makes the allegations of apartheid seem persuasive, and if a slander is present then it attributed to those who like Goldstone seek to defame and discredit the Russell Tribunal’s heroic attempt to challenge the scandal of silence that has allowed Israel to perpetrate injustice without accountability.

 

Goldstone’s preemptive strike against the Russell Tribunal is hard to take seriously. It is formulated in such a way as to mislead and confuse a generally uninformed public. For instance, he devotes much space in the column to paint a generally rosy (and false) picture of recent conditions of life experienced by the Palestinian minority in Israel without even taking note of their historic experience of expulsion, the nakba. He dramatically understates the deplorable status of Palestinian Israelis who live as a discriminated minority despite enjoying some of the prerogatives of Israeli citizenship.  Goldstone’s main diversionary contention is that apartheid cannot be credibly alleged in such a constitutional setting where Palestinian are currently accorded citizenship rights, and he never dares to raise the question of what it means to ask Palestinian Muslims and Christians to pledge allegiance to ‘a Jewish state,’ by its nature as a fracturing of community based on racially based inequality. Few would argue that this pattern of unacceptable inequality adds up to an apartheid structure within Israel, and the Russell allegation does not so argue, and is likely to forego making the apartheid charge associated with the events surrounding the founding of Israel in the late 1940s because from an international law perspective they took place before apartheid was criminalized in the mid-1970s.

 

The Tribunal is focusing its attention on the situation existing in the West Bank that has been occupied since 1967. John Dugard has issued a statement to clear the air, indicating that his testimony will be devoted exclusively to the existence of conditions of apartheid obtaining in the occupied territories, which reflects his special competence. [See Statement of John Dugard, “Apartheid and the Occupation of Palestine,” Aljazeera, 4 Nov. 2011; ] That Dugard had to issue such a statement is a kind of backhanded tribute to the success of the Goldstone hasbara effort to divert and distort. For Goldstone to refute the apartheid contention by turning to the present situation within Israel itself, while at the same time virtually ignoring the allegation principally concerned with the occupation is a stunning display of bad faith. He knows better. Goldstone avoids any reference to the Israeli mass expulsion of Palestinians from their land in 1948 and the subsequent destruction of hundreds of Palestinian villages when he attempts to refute the apartheid allegation, which would likely be viewed as legally dubious because of its retroactivity.

 

With shameless abandon Goldstone relies in his diatribe on another debater’s trick by insisting that apartheid is a narrowly circumscribed racial crime of the exact sort that existed in South Africa is certainly disingenuous. Goldstone takes scant account of the explicit legal intent, as embodied in the authoritative Rome Statute and in the International Convention on the Crime of Apartheid, to understand race in a much broader sense that applies to the Israeli/Palestine interaction if its systematic and legally encoded discriminatory character can be convincingly established as I believe is the case.

 

The sad saga of Richard Goldstone’s descent from pinnacles of respect and trust to this shabby role as legal gladiator recklessly jousting on behalf of Israel is as unbecoming as it is unpersuasive. It is undoubtedly a process more personal and complex than caving in to Zionist pressures, which were even nastier and more overt than usual, as well as being clearly defamatory, but what exactly has led to his radical shift in position remains a mystery. As yet there is neither an autobiographical account nor a convincing third party interpretation. Goldstone himself has been silent on this score, seeming to want us to believe that he is now as much a man of the law as ever, but only persisting in his impartial and lifelong attempt to allow the chips to fall where they may.  Given his polemical manipulation of the facts and arguments makes us doubt any such self-serving explanation based on the alleged continuities of professionalism. It is my judgment that enough is now known to acknowledge Goldstone’s justifiable fall from grace, and for his own sake it is unfortunate that Goldstone did not choose a silent retreat from the fray rather than to reinvent himself as a prominent Israeli apologist.

 

Palestinian suffering and denial of legal rights is sufficiently grounded in reality that the defection of such an influential witness amounts to a further assault not only on Palestinian wellbeing but also on the wider struggle to achieve justice, peace, and security for both peoples. Contrary to Goldstone protestations about the Russell Tribunal striking a blow against hopes for resolving the conflict, it is the Goldstones of this world that are producing the smokescreens behind which the very possibility of a two-state solution has been deliberately destroyed by Israel’s tactics of delay while accelerating its policies of expansion and encroachment.

 

In the end if there is ever to emerge a just and sustainable peace it will be thanks to many forms of Palestinian resistance and a related campaign of global solidarity of which the Russell Tribunal promises to make a notable contribution. We should all remember that it is hard to render the truth until we render the truth however ugly it may turn out to be!   

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UNESCO Membership and Palestinian Self-Determination

3 Nov


 It may not ease the daily pain of occupation and blockade or the endless anguish of refugee status and exile or the continual humiliations of discrimination and second class citizenship, but the admission of Palestine to membership in UNESCO is for so many reasons a step forward in the long march of the Palestinian people toward the dignity of sunlight! This notable event in Paris illuminates one path that leads to self-determination, but also brings into the open some of the most formidable obstacles that must be cleared away if further progress is to be made.

 

The simple arithmetic of the UNESCO vote, 107 in favor, 14 opposed, 52 abstentions, and 21 absent fails to tell the story of how one sidedness of the vote. Toting up the for and against votes obscures the wicked arm twisting, otherwise known as geopolitics, that induced such marginal political entities as Samoa, Solomon Islands, Palau, and Vanuatu to stand against the weight of global opinion and international morality by making a meaningless gesture of opposition to the Palestinian application for admission as member to UNESCO. This is not meant as an insult to such small states, but is intended to lament their vulnerability to powerful American pressures hoping to distort the perception of world public opinion by making the admission issue seem more contested than it is.

 

Such a distortion makes a minor mockery of the prevailing pretension that governments are able to offer adequate representation to the peoples of the world. It also illustrates the degree to which formal political independence may obscure a condition of de facto dependence as well as makes plain that voting patterns within the United Nations System should never be confused with aspirations to establish at some future time a functioning global democracy in substance as well as procedure. As an aside, geopolitical maneuvers consistently compromise the electoral process within the UN System, especially in the Security Council, and to a lesser extent, in the General Assembly and other UN institutional arenas. This actuality of the UN as a political actor demonstrates the urgency and desirability of establishing a global peoples parliament that would at least provide a second voice whenever a UN policy debate touches on issues of human concern.

 

What may be the most impressive aspect of the UNESCO vote is that despite a vigorous U.S. diplomacy of threat and intimidation, the Palestinian application for membership easily carried the day. There was enough adherence to principle by enough states to provide the necessary 2/3rds vote even in the face of this craven American diplomatic effort to please Israel, an effort reinforced by punitive action in the form of refusing further financial support for UNESCO, which amounts to some $60 million for the current year, and in the future, 22% of the organization’s annual budget of $643 million in 2010-11 (which is projected as $653 million for 2011-12). Actually this withholding of funds is an American policy embedded in ambiguous legislation that derives from the early 1990s, and so for once a preposterously the pro-Israeli action cannot be blamed on the present Congress, although it seems obvious that Congress would have taken the same steps or worse if given the chance. The leaders of both parties have made no secret of their desire to make the most of this new opportunity to draw fresh UN blood. Indeed rabid pro-Israel members of Congress are already showboating their readiness to do far more  than the law requires so as to manifest the extreme character of their devotion to Israel.  This unseemly punishment of UNESCO (and indirectly, the peoples of the world) for taking a principled stand expresses a more sinister attitude than merely the pique of being a poor loser. The American defunding move, taken without even a few words of regret, amounts to a totally irresponsible willingness to damage the indispensable work of cultural and societal cooperation on international levels just to make the childish point that there will be a price tag attached whenever the wishes of Israel suffer a setback at the UN, with the United States ready always to serve as the dutiful enforcement agent.

 

This sorry train of events gives governments of other states an excellent opportunity to demonstrate their commitment to human wellbeing and greater independence in global policy arenas by quickly acting to restore confidence in the UN. One way to do this is to overcome this unanticipated UNESCO budget deficit with a series of voluntary contributions to the UNESCO budget. What would deliver an instructive message to Washington and Tel Aviv would be a special funding campaign on behalf of UNESCO that generated more money than is being withheld. It seems an appropriate time to demonstrate once and for all that such strong arm fiscal tactics are no longer acceptable and often backfire in the post-colonial world. Such an outcome would also confirm that the geopolitical tectonic plates of world order have shifted in such a way as to give increasing prominence to such countries as China, India, Russia, Brazil, and South Africa all of whom voted to admit Palestine to UNESCO. At least for the moment in this limited setting we might get a glimpse of a genuine ‘new world order’! The Security Council has proved unable and unwilling so far to change its two-tier structure to accommodate these shifts in the geopolitical landscape, but these countries still kept on the sidelines of UN activities can reinvent world politics by becoming more active and autonomous players on the global stage. It is not necessary to wait any longer for France and Britain to read the tea leaves of their decline accurately enough to acknowledge that their role on the global stage has permanently diminished, and if these governments want an effective UN it is past time for them to step aside and let the rising non-West states run the show for a while, starting with giving up their claim to permanent seats at the UNSC. Admittedly, I am indulging some wishful thinking. I have no illusion that these ex-colonial powers will act responsibly. International history instructs us that most states would rather see world order collapse than to defuse a governance crisis by giving up entrenched, yet outmoded, privileges.

 

Perhaps, more enduring than the UNESCO vote itself is the reinforced image of the wildly inappropriate role given to the United States to act as intermediary and peacemaker in seeking to resolve the underlying conflict and ensure the realization of Palestinian rights that have been so cruelly denied for more than six decades. Observers as diverse as Michel Rocard, the former Socialist Party Prime Minister of France, and Mouin Rabbani, a widely respected Palestinian analyst of the conflict, each reach a common conclusion that this discordant American campaign to thwart an elemental Palestinian quest for legal recognition and political participation, establishes beyond all reasonable doubt, although such a reality should long have been apparent to even the most casual serious observer of the conflict, that the time has come to remove the United States from its presiding role with respect to the resolution of this conflict. It has always verged on the absurd to expect justice, or even fairness, to flow from a diplomatic framework in which the avowed and extremely partisan ally of the dominant party puts itself forward as ‘the honest broker’ in negotiations in a setting where the weaker side is subject to military rule, exile, and the continuous violation of its basic rights. To have given credibility to this tripartite charade for so many years is itself a commentary on the weakness of the Palestinian position, and the importance at this stage that Palestinian representative insist henceforth on a balanced international framework as a precondition for any future negotiations. Without such balance there is not the slightest prospect of producing a sustainable and just peace through diplomacy. Regrettably the PLO and the Palestinian Authority have yet to repudiate the Oslo era of phony peace negotiations, and astonishingly seem even now to be ready to resume talks if only Israel announces a temporary and partial freeze on settlement expansion. It is disappointing that the Palestinian Authority/PLO still is willing to endow this negotiating process with potential credibilit.

 Yet to find a new framework does not mean following the incredibly Orientalist prescription proposed by Rocard: “The Americans have lost their moral right to leadership in resolving the Israel-Palestine conflict. It is time for Europe to step into the fray.”  As if Europe had recently demonstrated its capacity for rendering justice because it carried out the NATO intervention in Libya! As if the colonial heritage had been suddenly rebranded as a positive credential! As if the Americans ever had a ‘moral right’ to resolve this conflict that was only now lost in the UNESCO voting chamber! It is not clear how a new diplomacy for the conflict that is finally responsive to the situation of the parties, the region, and the world should be structured, but it must reflect at the very least the new realities of an emergent multipolarity skewed toward the non-West. To be provocative for once, maybe Turkey, Brazil, Egypt, and India should now constitute themselves as a more legitimate quartet than that horribly discredited quartet composed of the United States, the EU, Russia, and the UN, and assisted by its Special Envoy, the talented Mr. Blair.

 

Returning to the UNESCO controversy, it is worth noting the words of denunciation used by Victoria Nuland, the designated State Department spokesperson. She described the vote as “regrettable, premature” contending that it “undermines our shared goal of a comprehensive, just and lasting peace in the Middle East.” Even Orwell might be dazed by such an archly diversionary formulation. Why we may ask was the vote regrettable and premature, and not the reverse: welcome and overdue? After all to work for the preservation of religious and other world heritage sites within the halls of UNESCO or to promote safe sanitation and clean drinking water for the poorest countries is hardly subversive of global stability by any sane reckoning. After enduring occupation for more than 44 years, it qualifies as comedic to insist that Palestine must not yet come in from the cold because such an entry would be ‘premature.’ And how can it be claimed that Palestine participation within the UN System ‘undermines’ the ‘shared goal’ of regional peace in the Middle East? The only answer that makes any sense of the American position is say that whatever Israel says is so is so, and the United States will act accordingly, that is, do whatever Israel wants it to do in the global arena. Such kneejerk geopolitics is not only contrary to elementary considerations of law and justice, it is also monumentally irrational and self-defeating from the perspective of the national wellbeing of the United States and future peace in the region and beyond. It also sets a horrible precedent by the absence of any ‘decent respect for the opinions of mankind.’

 

What in the end may be most troubling about this incident is the degree that it confirms a growing impression that both the United States and Israel have lost the capacity to serve their own security interests and rationally promote the wellbeing of their own people. This is serious enough with respect to the damage done to their societies by such maladroit behavior, but recognizing that these two military heavyweights who both possess arsenals of nuclear weaponry are well on their way to becoming rogue states is frightening to contemplate. These are two of the few governments in the current world that continue to rest their future security almost exclusively on an outmoded reliance on hard power investments in military capabilities and accompanying aggressive ideas about the effectiveness of military solutions. The implications of this approach are potentially catastrophic for the region and the world. When Israel alienates Turkey, its only surviving friend in the Middle East, and then refuses to take the minimal steps to heal the wounds caused by its recklessly violent behavior, one has to conclude that the Israeli sense of reality has fallen on hard times! And when Israel pushes the United States to lose this much social capital on the global stage by standing up for its defiance of international law as in relation to rejecting the recommendations of the Goldstone Report or refusing to censure the expansion of its unlawful settlements or the collective punishment of Gaza, there is no longer much doubt that Israeli foreign policy is driven by domestic extremism that then successfully solicits Washington for ill-advised implementation. And now, this furious beating of war drums in relation to Iran provides tangible confirmation that these severe indictments of American and Israeli behavior need to be taken seriously before it is too late!  

 

The situation in the United States is parallel. Many excuse, or at least explain, America’s unconditionally irrational support for Israel as produced by the fearsome leverage exerted by AIPAC over electoral politics in the country as associated with the political activities of the Congress and rationalized by conservative think tanks. But what this explanation says is that the United States Government, like Israel, has also lost the capacity to pursue a sensible foreign policy in a crucial region of the world that reflects its own national interests, much less provide leadership based on a wider commitment to a stable and just Middle East. The Arab Spring offered the United States a second chance so to speak to overcome its long embrace of vicious autocratic rule in the region, but this opportunity is being senselessly squandered on the altar of subservience to the vindictive whims, expansionist visions, and paranoid fears of the Netanyahu/Lieberman governing coalition in Israel.

 

Welcoming Palestine to UNESCO is a day of celebration and vindication for the Palestinian people, and a political victory for PA/PLO leadership, but it is also a day when all of us should reflect upon the wider Palestinian tragedy and struggle, and encourage further steps forward, including membership in such other components of the international system as the World Health Organization, the International Criminal Court, UNICEF and the International Court of Justice. If the U.S. Government were to continue its defunding tactic as Palestine gained admission after admission, its influence and reputation in the region and the global stage would certainly take a nosedive. Yet the United States is likely to be rescued not by intelligently backing off, but by the degree to which the PA/PLO seems ready to settle for UNESCO, and save other initiatives for some future season, apparently unwilling or unable to cope with further defunding as complemented by Israel’s withholding from Ramallah tax revenues needed to pay the salaries of its West Bank bureaucracy. 

 

UNESCO has given a momentary respite to those who were completely disillusioned by what to expect from the UN or the system of states when it comes to Palestinian aspirations (remember all those unimplemented resolutions passed by overwhelming majorities in the General Assembly and then never acted upon), and instead put their hope and efforts into the initiatives of global civil society, especially the growing BDS campaign and efforts to break open the Gaza blockade by continuing to send ships carrying humanitarian goods to the Gazans. Now is certainly not the time to shift attention away from such grassroots initiatives, but it does suggest that there are many symbolic battlefields in the ongoing legitimacy war being waged for Palestinian self-determination, and several of the more promising opportunities are situated within the network of institutions comprising the United Nations. Of course, becoming a member of UNESCO is the beginning, not the end, of making use of these institutional affiliations to advance the struggle of Palestine to realize the rights of all of its people, those under occupation, those in refugee camps in neighboring countries, and those in the Palestinian diaspora. But it is likely to be also the temporary end, given PA/PLO timidity and the financial blackmail to which it is being subjected.

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Interview on the Palestinian Statehood Bid

8 Oct

This post consists of my responses to questions put to me by a Greek journalist, C.J Polychroniou, who long followed intellectual thought in the West, and is a keen analyst of the current European economic crisis.

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1. What prompted the Palestinian Authority to seek UN recognition for Palestine at this historical juncture in the struggle for justice and the creation of an independent Palestinian state?

I think the essential motivating feature was long overdue disillusionment with the ‘peace process’ as derived from the Oslo Framework of Principles agreed upon in 1993, and looking toward the resolution of final status issues (borders, refugees, Jerusalem, settlements, security, water) within five years. More recently Obama in his 2011 speech to the UN General Assembly appeared committed to the establishment of a Palestinians a state within a year, but awkwardly backed away from this kind of assessment in 2012 when he merely declared that it was difficult to achieve peace, and that only hope was direct negotiations without any preconditions. The published Palestine Papers on confidential negotiations behind closed doors between representatives of Israel and of the Palestine Authority, leaked to Al Jazeera several months ago, reinforced the impression that the Israeli leadership was not at all interested in a negotiated end to the conflict even when offered far reaching concessions by Palestinian interlocutors. Negotiations that lead no where serve Israel’s interests far better than would a clear declaration that acknowledges Palestinian rights under international law as the necessary foundation of a peaceful resolution of the conflict.

Another line of explanation for the statehood bid relates to the efforts of the PA Prime Minister, Salam Fayyad, to engage in state-building while under occupation, both to demonstrate the credibility of a viable Palestinian state able to govern effectively when Israeli withdrawal takes place and as an alternative path to statehood than that offered by direct negotiations. Several international institutions, including the IMF, have been impressed by these efforts to achieve governmentality despite the difficulties of occupation. There are varying assessments of the degree of success of this Fayyad program of action, both in relation to its approach to economic development, societal wellbeing, and Palestinian self-determination.

Finally, it is important to realize that these periodic failed negotiations have not been neutral as between the parties. They are good for Israel, bad for Palestine. Settlement building and its accompanying infrastructure encroach increasingly on the occupied remnant of historic Palestine. To continue with negotiations without a permanent freeze on settlement expansion is to put an end to any prospect of a two-state solution, and thereby threaten the PA role as providing leadership for the Palestinian struggle for self-determination. The United States has further aggravated the situation by treating the unlawful settlements as ‘subsequent developments,’ in Israeli parlance as ‘facts on the ground,’ that are to be incorporated into Israel rather than undone.

2. The US has called UN recognition of Palestine a “mistake,” with Obama apparently threatening Abbas with significant repercussions, but even some Palestinians have questioned the move, saying it would be mainly a symbolic victory and would not change the reality of the Israeli occupation. What are your views on the matter?

Threatening the PA for taking this perfectly legal initiative of seeking recognition of its statehood and gaining membership in the UN shows the extent of America’s willingness to do Israel’s bidding, however unreasonable its behavior. It is coupled with American silence in the face of blatant Israeli criminality as with the Gaza blockade and 1998-99 attacks, the flotilla incident of May 2010, and the recurring instances of excessive use of force by occupying Israeli forces.

There are complexities on all sides of these questions of why Palestinian statehood and why now. If the Abbas leadership is weakened, it increases the possibility of the extension of Hamas influence on the West Bank. Certainly the United States, and probably Israel, fears such a result. It is possible that Israel would be ambivalent in the face of such a development as it would tend to justify the ongoing dynamic of de facto annexation that has been a byproduct of the settlement phenomenon combined with the rise of Israeli extremist leadership that seems disinterested in any outcome that involves the establishment of a Palestinian sovereign  state.

On the Palestinian side, there are also critics of the statehood bid. Some are concerned that the PA may be transforming the conflict into an essentially territorial dispute over land, thereby marginalizing if not abandoning the right of return of Palestinian refugees and those several million Palestinians living in exile. Closely related is the concern, especially among some respected Palestinian NGOs and throughout the Palestinian diaspora, that the PA is trying to displace the Palestinian Liberation Organization as the sole representative of the Palestinian people. The PLO, unlike the PA, gives Palestinians living outside of the occupied territories representational rights, including a majority of seats in the now dormant Palestinian National Council. It should be observed that Abbas in his speech tried to provide reassurance as to the PLO role, promising that it will remain the sole representative of the Palestinian people so long as the conflict persists. Also of concern to Palestinians is the fear that Israel will, in effect, tell the Palestinians that now they have their state, and there is nothing more to discuss. The conflict is resolved with Israel retaining control of the borders, internal security, and settlements, producing the sort of surrealistic outcome that apartheid South Africa attempted to impose on the black South African majority by creating ten Bantustans.

 3. In his historic speech of September 23rd to the UN General Assembly,  Mahmoud Abbas spoke of Israel’s policies as “colonial” and “ethnic cleansing” and violation of “international humanitarian laws.” Does this speech represent a change of strategy for PLO or was it for domestic consumption, i.e., in order to promote solidarity among Palestinian supporters?

The use of this appropriately strong language was the most notable feature of the Abbas speech, and a dramatic shift in tone from earlier appeals to the international community. It is this feature as much as the statehood/membership bid that made the speech ‘historic.’ It also served to enhance the legitimacy of the PA, whose reputation has been eroded by its quasi-collaborative relationship with Israel and the United States.

4. Israel has threatened PLO with “punishment” for taking the move to seek UN recognition of Palestine. What more barbaric actions can it take?

The U.S. can withhold financial assistance, a course of action that is likely to be insisted upon by the U.S. Congress in any event unless the Security Council fails to support the statehood bid by a majority of nine or more of its fifteen members, thereby sparing the U.S. the embarrassment of so inappropriately using its veto. America’s right wing Congress is gunning for the UN in any event, and it will seize upon this Palestinian challenge to demonstrate again its unconditional support for Israel’s demands, however unreasonable and cruel in their effects, and to do so at the expense of the UN will be doubly sweet for Tea Party Republicans.

5. Any intuition into what the future holds for the Palestinian question?

I think the overall regional developments are supportive of the Palestinian struggle for a just and sustainable peace. Any Arab government, especially Egypt, will now find it easier to satisfy their restive public opinion at home by confronting Israel than by enhancing the material wellbeing of their own population. In this respect, politics is easier than economics! Whether this prospect will do more than strengthen the hand of Israeli extremism is anyone’s guess.

Turkey has shown the way in these respects, and has embarrassed Arab governments that have been passive for many years in the face of Palestinian suffering and Israeli outrages, including remaining on the sidelines despite the harsh blockade imposed on the 1.6 million people of Gaza as a collective punishment for their willingness to give electoral support to Hamas in the 2006 national elections. If the international community and the Palestinian solidarity movement exerts sufficient pressure for a just solution to the conflict it may eventually give rise to an internal Israeli involving the rediscovery of Israeli realism. One of the costs of Netanyahu/Liebermann hegemony has been to make Israel unable to understand and act upon its own interests, which not only prolongs the Palestinian ordeal but severely endangers Israel’s own security and wellbeing. 

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An American Awakening?

5 Oct


             The exciting presence of protestors on Wall Street (and the spread of the #OccupyWallStreet protests across the country) is a welcome respite from years of passivity in America, not only in relation to the scandalous legal and illegal abuses of comprador capitalists, but also to the prolongations of wars in Iraq and Afghanistan, a shocking disregard of the impinging challenges of climate change, a rising Islamophobic tide at home, and a presidency that seems less willing to confront hedge fund managers than jobless masses. But will this encouraging presence be sustained in a manner that brings some hope of restored democracy and social wellbeing at home and responsible law-oriented leadership abroad?

 

            There is little doubt that this move to the streets expresses a deep disillusionment with ordinary politics based on elections and governing institutions. Obama’s electoral victory in 2008 was the last hope of the young in America who poured unprecedented enthusiasm into his campaign that promised so much and delivered so little. Perhaps worse than Obama’s failure to deliver, was his refusal to fight, or even to bring into his entourage of advisors some voices of empathy and mildly progressive outlook. From his initial appointment of Rahm Emmanuel onwards, it was clear that the Obama presidency would be shaped by the old Washington games waged by special interests, as abetted by a Republican Party leaning ever further to the right, a surging Tea Party that is pushing the opposition to the outer extremes of irrational governance, and a Democratic Party that is trying to survive mainly by mimicking Republicans. If such a portrayal of ordinary politics is more or less correct it is a wonder that a more radical sense of America’s future took so long to materialize, or even to show these present signs of displeasure with what is and engagement with what might be.

 

            For those of us with our eyes on the Middle East two observations follow. The extraordinary falling back from Obama’s speech in Cairo of 2009, which was, contrary to how it was spun by the pro-Israeli media, a very cautious approach to the Israel/Palestine conflict, but at least forward looking in its realization that something more had to be done if negotiations were ever to be more than a charade. The speech contained lots of reassurances for Israel, especially it treated the dispute as essentially territorial (withdrawal to 1967 borders, which deliberately pretends that refugee and exile rights of Palestinians are irrelevant to a just peace), and only seemed to project balance when it insisted on a suspension of settlement expansion as a confidence-building step toward a new cycle of negotiations. It really was a most modest request to insist that Israel temporarily stop expanding settlements that were almost unanimously seen as flagrant violations of Article 49(6) of the Fourth Geneva Convention and posing a real threat to the viability of an independent Palestinian state. When Israeli leaders and their zealous American backers indicated ‘no go,’ the Obama administration back peddled with accelerating speed, gradually isolating the United States on the global stage by the unconditionality of its support for Israel even in situations where Israel is seen by virtually the entire rest of the world as defiant toward international law. Besides this, a few months ago the leaked Palestine Papers underscored Israel’s disinterest in a negotiated solution to the conflict even in the face of Palestinian of huge Palestinian Authority concessions behind closed doors. Of course, Obama should not take the whole blame as Congress has outdone him when it comes to support for partisan positions that often seem to outdo the Knesset.

 

            The latest phase in American foreign policy in relation to the conflict is associated with the American threat to veto the statehood bid of Palestine in the UN Security Council, coupled with its arm-twisting efforts to induce others to vote with the U.S. against statehood or at least abstain, so that Palestine will not get the nine affirmative votes it needs to receive a positive recommendation and the U.S. will be spared the embarrassment and backlash of casting a veto. The shrillness of the sterile call by Obama in his 2011 speech to the General Assembly to the parties to resume negotiations after almost twenty years of futility, and for the Palestinians the effects were far worse than mere failure    (the ordeal of occupation, loss of land to settlements, annexation wall, road infrastructure).  It should finally be understood. Time is not neutral. It helps Israel, hurts Palestine.

 

            Disavowing American party and institutional politics and situating hope with the arousal of progressive forces in civil society is different from concluding that the Wall Street protests is more than a tantalizing flash in the pan at this stage. Even this cautionary commentary should make it obvious that the events owe their primary inspiration to Tahrir Square (with a surprising initial push from the Canadian anti-consumerist organization Adbusters, previous mainly known for its irreverent and vaguely anarchistic magazine by the same name), especially the ethos of a nonviolent leaderless, programless spontaneous rising that learns day by day what it is about, who it is, and what is possible. Of course, the stakes for activists are much lower than in Egypt or elsewhere in the Middle East, as there is little risk of death at this point on American streets. At the same time, the monsters of Wall Street are not quite as potent a unifying target for an militant opposition as was the grim personage of Hosni Mubarak, cruel autocrat of more than three decades, and so it may be harder to transform the protests into a sustainable movement.

 

            In the end, we must hope and engage. The beginnings of hope are rooted in the correctness of analysis, and so we can be thankful that this initiative places its focus on financial and corporate structures, and not on the state. Further along these lines, if the struggle will gain momentum it will be totally thanks to politics-from-below. The implicit not so subtle point is that the center of power over the destinies of the American people has shifted its locus from Washington to New York, and from the penthouse to the the basement!!  We’ll see!!

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Reflections on the Abbas Statehood/Membership Speech to the UN General Assembly

29 Sep

            There is a natural disposition for supporters of the Palestinian struggle for self-determination to suppose that the Palestinian statehood bid must be a positive initiative because it has generated such a frantic Israel effort to have it rejected. Despite the high costs to American diplomacy in the Middle East at this time of regional tumult and uncertainty, the United States has committed itself to exercise its veto on Israel’s behalf if that turns out to be necessary. To avoid the humiliation of disregarding the overwhelming majority opinion of most governments in the world, the United States has rallied the former European colonial powers to stand by its side, while leaning on Bosnia and Colombia to abstain, thereby hoping to deny Palestine the nine votes it needs for a Security Council decision without technically casting a veto. On the side of Palestinian statehood one finds China, Russia, India, South Africa, Brazil, Lebanon, Nigeria, and Gabon, the leading countries of the South, the main peoples previously victimized by colonial rule. Is not a comparison of these geopolitical alignments sufficient by itself to resolve the issue of taking sides on such a litmus test of political identity? The old West versus the new South!

            Add to this the drama, eloquence, and forthrightness of Mahmoud Abbas’s historic speech of 23 September to the General Assembly that received standing ovations from many of the assembled delegates. Such a favorable reception was reinforced by its contrast with the ranting polemic delivered by the Israeli Prime Minister, Benjamin Netanyahu, who insulted the UN by calling it ‘the theater of the absurd’ while offering nothing of substance that might make even mildly credible his strident rhetoric claim to support ‘peace,’ ‘direct negotiations.’ and ‘a Palestinian state.’ The deviousness of Netanyahu was made manifest when a few days later the Israeli Government announced that it had approved 1,100 additional housing units in the major East Jerusalem settlement of Gilo. This was a bridge too far for even Hilary Clinton who called the move ‘counter-productive’ and Europeans regarded as deeply disappointing and confidence-destroying, so much so that Netanyahu was openly asked to reverse the decision. There are a variety of other indications that additional settlement expansion and ethnic cleansing initiatives will be forthcoming from Israel in the weeks ahead. Are not such expressions of Israeli defiance that embarrasses even their most ardent governmental supporter enough reason by itself to justify a Security Council recommendation of Palestine statehood at this time? Would it not be worthwhile at this crucial moment to demonstrate the wide chasm separating increasing global support for the pursuit of justice on behalf of the Palestinian people from this domestically driven American reliance on its ultimate right of veto to block Palestinain aspirations? Would it not be well to remind Americans across the country, including even its captive Congress, that its own Declaration of Independence wisely counseled ‘a decent respect for the opinions of mankind’? If ever the use of the veto seems ill-advised and deeply illegitimate, it is in this instance, which the Obama Administration seems to acknowledge, or otherwise why would it use its leverage to induce allies and dependent states to go along with its opposition to Palestinian membership in the UN?

            Turning to the speech itself, the language of recognition may be more notable than the substance. Never before in an international forum had the voice of the Palestinian Authority spoke of Israel’s occupation policies so unabashedly–as ‘colonial,’ as involving ‘ethnic cleansing,’ as imposing an unlawful ‘annexation wall,’ as creating a new form of ‘apartheid.’ With admirable directness, Israel was accused of carrying out the occupation in a manner that violated fundamental rules of international humanitarian law, and cumulatively amounted to the commission of crimes against humanity.

             In the course of his speech Abbas tried hard to reassure the Palestinian diaspora on two matters of deep concern: that the Palestine Liberation Organization (PLO) will continue to represent the Palestinian people, who are the ultimate beneficiaries of the most fundamental of Palestinian rights at stake, the right of self-determination. The issue here is lost on almost all observers of the conflict, that the Palestinian Authority (PA) of which Abbas is president is a subsidiary body that was created by the PLO with a temporary mandate to administer Palestinian territory under occupation, and thus it was important to allay suspicions that the PLO was an intended casualty of the statehood bid so as to territorialize the conflict and give the Abbas and PA leadership complete representational control over the Palestinian role at the UN. The deep concern here relates to the adequacy of representation relating to the Palestinians living in refugee camps in neighboring Arab countries or in exile around the world. In the Palestinian National Council, 483 of its 669 members are drawn from Palestinians not living under occupation. President Abbas used the clearest possible language to reaffirm the position of the PLO just prior to enumerating the five conditions guiding his leadership role: “I confirm, on behalf of the PLO, the sole legitimate representative of the Palestinian people, which will remain so until the end of the conflict in all its aspects and until the resolution of the final status issues.”

            In the background of this representation issue is an anxiety that Palestinian refugee rights will be forgotten or marginalized in the course of striking a deal that is build around a ‘land for peace’ formula. Again Abbas inserted some reassuring language in his speech to the effect that peace will depend on “a just and agreed upon solution to the Palestine refugee issue in accordance with resolution 194,” which unconditionally affirmed a Palestinian right of return. Relevantly, Netanyahu in his speech alluded to the “fantasy of flooding Israel with millions of Palestinians,” which is his way of both dismissing the rights of Palestinian refugees, especially as derived from the massive dispossession of Palestinian in 1948, and insisting on the Palestinian recognition of Israel as ‘a Jewish state.’ This insistence combines  demographics with democracy, contending that ever since the promise of Lord Balfour on behalf of the British Government to a leader of the Zionist movement in 1917 there were continual acknowledgements that Israel was a Jewish state. Netanyahu made short shrift of the claims to dignity and equality of the 1.5 million Palestinians existing under an array of discriminatory burdens by saying merely that Israel treats its minorities in a manner that respects their human rights. It should be recalled that the Balfour Declaration, a notoriously colonial disposition, did not promise the Jewish people a state, but rather ‘a national home,’ and that it was to be established in a manner that did not interfere with the ‘civil and religious rights of existing non-Jewish communities in Palestine.’ Human rights and democracy have become significantly universalized during the last several decades. This development implies that the governing structures of society embodied in the state must renounce any claim of ethnic or religious particularity. Political legitimacy in the 21st century should not be accorded to any state that claims to be a Jewish state, an Islamic state, or a Christian state. Such statist neutrality should be set forth as an element of legitimate statehood by formal action at the United Nations. Such a declaration would impose a limit on the right of self-determination by denying to peoples the right to establish ethnic or religious states. In a globalizing world ethnic and religious diversity are present in every major state, and needs to be respected by unfurling a banner of equality that grants religious freedom to all faiths and allows collective identities to be expressed without prejudice.

            For some widely respected Palestinian activists and NGOs, these assurances were not enough. With the formidable intellectual support of Oxford professor, Guy Goodwin-Gill, the very idea of Palestinian statehood compromises the representational rights of diaspora Palestinians within UN arenas of decision, and potentially deforms future negotiations by according predominance to territorial priorities. Guy-Goodwin’s analysis was built around the general view that a state could never adequately represent people outside its borders. Given existing realities this would mean disenfranchising the Palestine refugee and exile population that comprises a majority of ‘the Palestinian people’ who are as a collectivity the holder of the overarching entitlement embodied in the right of self-determination. Such a view may be technically correct, and operationally prudent, but it overstates the clarity of the legal implications of Palestinian statehood and UN membership, while understating the degree to which what is being questioned are the psycho-political priorities of the current PA/PLO leadership.  To further strengthen and promote the unity of the Palestinian global solidarity movement it is crucial to continue to seek accommodation between territorial and non-territorial dimensions of the Palestinian struggle, and thus to minimize intra-Palestinian divergencies, including the ongoing rift with Hamas. Here again Abbas had some reassuring words to say about the future implementation of the reconciliation agreement reached between the PLO and Hamas in June, but the failure of Hamas to endorse the statehood/membership bid at this time raises doubts about whether cooperation between these two political tendencies of Palestinians living under occupation will be forthcoming in the future.

           There are, against this background, some further grounds for concern that result from gaps or disappointing formulations in the Abbas speech. One glaring gap was the failure to address the accountability issues associated with the non-implemented recommendations of the Goldstone Report arising out of war crimes allegations associated with massive attacks (Israeli code named ‘Operation Cast Lead”) on Gaza between 27 December 2008 and 18 January 2009.  In an important statement issued by the Palestinian Centre of Human Rights, jointly with several respected human rights NGOs, the PLO was given responsibility for doing their best to see that these recommendations for referral to the International Criminal Court be carried out.  In the words of the statement, “should the PLO choose not to pursue the accountability process initiated by the Report of the UN Fact-Finding Mission – at the expense of the Statehood initiative – this will amount to the prioritization of political processes over victims’ fundamental rights; indicating acceptance of the pervasive impunity that characterizes the situation in Israel and the occupied Palestinian territory.”

         Although implicit in the Abbas speech, the systematic refusal of Israel to comply with international law, was not accorded the emphasis in deserves. Given this reality, it was comic irony for Netanyahu to invoke international law in relation to the captivity of a single Israel soldier, Gilad Shalit; of course, international law should be observed in relation to every person, but when Israel subjects the whole of Gaza to a punitive blockade that has lasted for more than four years, imprisons thousands of Palestinians in conditions below international legal standards, and refuses to implement the near unanimous Advisory Opinion of the World Court on the unlawfulness of its annexation wall, it has lost all credibility to rely on international law on those few occasions when it works to its advantage.

           Even more disturbing, because so relevant to the present posture of the conflict, was the rather bland expression of willingness on the part of the PLO to resume direct negotiations provided that Israel imposes “a complete cessation of settlement activities.” As there is no chance that this condition will be met, it may not be so important for Abbas to question the value of direct negotiations given their repeated failure to move the parties any closer to peace during the past 18 years. In fact, Israel has cloaked settlement expansion, ethnic cleansing, and a variety of encroachments on what might have at one time become a viable Palestinian state, with the charade of periodic peace talks held under the non-neutral auspices of the United States. What Abbas could have done more effectively, given the unlikelihood of an affirmative Security Council recommendation on UN membership, is to couple the statehood/membership bid with the demand of a new framework for future negotiations that includes both Israeli commitments to abandon settlement expansion in East Jerusalem as well as the West Bank, and more importantly, selects a state or regional organization to provide non-partisan auspices for the talks. Such a demand would have made clear that the PLO/PA was no longer willing to play along with the Oslo game that has more than doubled the settler population and allowed Israel to invest in an expensive settler only infrastructure that is unlikely to be ever voluntarily dismantled. It is past time to declare the Oslo framework of direct negotiations as terminally ill, futile, and illegitimate, and incapable of drafting a roadmap that leads anywhere worth going! For the UN to be one of the four Quartet members, especially given the American hegemonic control over the diplomacy on the conflict, also warranted a harsh comment by Abbas.

          What the future holds is more uncertain than ever. The mainstream media has tended to criticize both Israel and the PA/PLO as if their respective behavior was equivalent. For instance, the Palestinian statehood/membership initiative is treated as equally provocative as the Israeli announced intention to expand the unlawful Gilo settlement. Such an attitude does belong in the theater of the absurd, equating a completely legal, arguably overdue plea to be given an upgraded status at the UN with a criminal encroachment on basic Palestinian rights associated with territory under occupation, as recognized by Article 49(6) of the Fourth Geneva Convention.

           Whether Israel will follow through on its threats to ‘punish’ the PA for undertaking this completely legal initiative remains to be seen. Already there is troublesome indications of widespread settler violence in the West Bank that is either unopposed or backed by Israeli military and security units. As has been observed by the Israeli president, Shimon Peres, Israel will never have a more moderate partner for peace than the Ramallah leadership, and if it undermines its viability it will be demonstrating once again that it has lost its capacity to promote its national interests. It has showed this aspect of decline most dramatically by picking a fight with a resurgent Turkey, and then missing one opportunity after another to repair the damage, which is what Ankara earlier had hoped would happen. As regional developments move toward greater support for the Palestinian struggle, Israel is allowing what might have been a historic opportunity for a sustainable peace to slip away. An acute problem with extremism, whether of the Likud or Tea Party variety, is that it subordinates interests and rationality to the dictates of an obsessive and emotive vision that is incapable of calculating the balance of gains and losses in conflict situations, being preoccupied with all or nothing outcomes, which is the antithesis of diplomacy. This is a path that inevitably produces acute human suffering and often leads to disaster. It is time for Israelis to abandon such a path for their own sake and the sake of others!

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Observing the 63rd Nakba

15 May

The latest news reports that at least 14 were Palestinians killed and scores more than that number injured by Israeli soldiers using live ammunition against Nakba demonstrators at confrontations near the Israeli borders with Lebanon (Ras Maroun), Syria (Golan Heights), Gaza, and West Bank. An immediate reaction is to contrast sophisticated Israeli non-lethal crowd control when dealing with settler violence and the lethal responses to Palestinian resistance politics in these four distinct settings. All in all, what is exhibited by these encounters is an upsurge of Palestinian militancy, perhaps a prelude to a third intifada, and the continuity of Israeli reliance on excessive force designed to punish and intimidate, which is a characteristic severe violation of Israel’s duties as an occupying power as defined by international humanitarian law. 

One of the many signs of the growing worldwide movement in support of the Palestinian struggle for their rights under international law and elemental morality is the increased international awareness of the Nakba. On this 63rd anniversary of the catastrophic Palestinian experience since 1948 when an escaping and expelled 760,000 Palestinians (now this dispossessed population has grown to 4.7 million; the 160,000 Palestinians who managed to stay behind in what became Israel now number 1.3 million) there is an encouraging sense that the destiny of the Palestinian people has entered a more hopeful phase: the Arab Spring, combined with earlier political developments in Turkey and Lebanon, have shifted the regional balance toward a greater identification with the Palestinian people and their just claims under international law and morality; the growing BDS worldwide campaign has extended the symbolic battlefield in the Legitimacy War against Israeli occupation, and related policies of apartheid, ethnic cleansing, barrier wall, blockade, settlements; the decision by the recently unified Palestinian leadership to seek acknowledgement of Palestinian statehood in the United Nations this September opening possibilities for further motivating the international community to live up to its responsibilities to address Palestinian grievances that have gone unanswered for these 63 years of UN endorsement of the valid establishment of Israel,  despite it being a colonial settler state imposed on and carved out of  historic Palestine; new signs of activism among the Palestinians living under occupation and in exile; the manifest and deplorable double standards involved in supporting the violent imposition of a No Fly Zone on Libya, which is in reality an effort to achieve regime change on behalf of a rebel insurgency of unknown character, while refusing to protect the people of Gaza who have severely victimized by a total blockade that has lasted almost four years, a massive case of deliberate and criminal collective punishment outlawed by Article 33 of the Fourth Geneva Convention. Against such a background the ongoing mobilization of public engagement on behalf of Palestinian rights should enlist all persons of conscience throughout the world, a populist dynamic that is happening and should intensify in the coming year. From this perspective it may soon be the case that the annual observance of the Nakba will be treated as the first truly global holiday the world has known.

Despite these developments there is no indication whatsoever that the Israeli leadership or public has any interest in achieving a sustainable peace or that it is prepared to desist from its expansionist and annexationist approach to the occupation of the West Bank and East Jerusalem. There are a few lonely Israeli voices calling for justice to the Palestinian people. For instance, Gideon Levy calling on Israel to teach ‘a different heritage lesson,’ that of the Nabka. Writing in Haaretz (15.5.2011) Levy writes, “Not only is it possible to permit the Israeli Palestinians to commemorate the day of their heritage and express their national and personal pain, something that should be self-evident, but also to teach us, the Jews, the other narrative..Only on the day that the pupils in Israel also learn about the Nabka, will we know that the earth is no longer burning under our feet..”

The Nakba is of course a day of grievance and resolve for all Palestinians including the several million living in refugee camps for decades in the countries surrounding Palestine and other millions in exile throughout the region and the world. A sustainable peace must realize the rights of all Palestinians, and must be broader and deeper than ending the occupation or establishing a Palestinian state. Palestinian representation to be legitimate and effective must keep faith with this wider Palestinian reality, and not confine its political program to a territorial imaginary. Just as the Palestinian solidarity movement is without boundaries so must be the campaign to achieve full realization of all of the rights of the dispossessed Palestinian people.

To live under Israeli occupation or as refugees for a day is difficult, for a week is unendurable, but to do so for decades is intolerable beyond words of outrage and empathy. We cannot grasp the enormity of this ordeal merely by underscoring the fact that Nakba occurred 63 years ago and that the added cruelty of the occupation started in 1967. Only the existential experience of being on the ground in occupied Palestine or visiting refugee camps in Lebanon, Jordan, or Syria can begin in a modest way to impart an understanding of the suffering and insecurity that is a daily reality of all those so confined, and even this can give rise to a false consciousness of ‘knowing.’ Those that visit can leave, those subject to regimen cannot, and that makes all the difference!

Below is the text of a press release issued in my capacity as Special Rapporteur for the Palestinian Territories Occupied since 1967, and released under the auspices of the Office of the High Commission for Human Rights in Geneva.

***********

                                                                                          16 May 2011

 

The UN human rights expert on the 63th anniversary of the Palestinian Nakba
16 May 2011
UN human rights expert on the 63th anniversary of the Palestinian Nakba

GENEVA – The Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Mr. Richard Falk, marks the 63rd anniversary of the Nakba, the catastrophic beginning of the Palestinian tragedy of dispossession and occupation, with the following statement: 

“I commemorate Nakba this year dismayed by the killing of demonstrators observing the day in the occupied Palestinian territory and elsewhere in the region.

Since the Nakba on 15 May 1948 Israel has continuously confiscated Palestinian land in order to build illegal settlements and populate them with Israeli citizens. It is astonishing that no one in the international community has stepped forward, after 63 years, to coerce Israel to comply with international law. Israel’s legacy of ethnic cleansing persists, and manifests itself in an array of challenges to the security of residency for Palestinians living under occupation.

“The construction of the Wall inside the West Bank results in an additional 12% of land confiscation and demolition of Palestinian homes, in flagrant defiance of the Advisory Opinion of the International Court of Justice.

“This past week seven Palestinian families in the West Bank village of al-Walaja received demolition orders. This is a reminder that the Nakba continues. Israel’s pursuit of what it calls ‘facts on the ground’ consistently forces Palestinians to abandon their homes, lands, and lives, creating a reality better understood as virtual annexation. 

“This is a particularly notable Nakba anniversary, as it coincides with the release of information confirming that Israel secretly revoked as many as 140,000 residency permits of Palestinians between 1967 and 1994. This is not only another violation of Israel’s obligations as the Occupying Power under the Fourth Geneva Convention.  It is also a glaring example of several sinister schemes that Israel has employed over the years to rid historic Palestine of its original inhabitants, in order to make space for Israeli citizens.

“The international community needs to take urgent action to compel Israel to end its confiscation and occupation of Palestinian land.” 

ENDS

In 2008, the UN Human Rights Council designated Richard Falk (United States of America) as the fifth Special Rapporteur on the situation of human rights on Palestinian territories occupied since 1967. The mandate was originally established in 1993 by the UN Commission on Human Rights.

Learn more about the mandate and work of the Special Rapporteur:http://www2.ohchr.org/english/countries/ps/mandate/index.htm

OHCHR Country Page – Occupied Palestinian Territories:http://www.ohchr.org/EN/countries/MENARegion/Pages/PSIndex.aspx

OHCHR Country Page – Israel: http://www.ohchr.org/EN/Countries/MENARegion/Pages/ILIndex.aspx

For more information and media requests, please contact Nikki Siahpoush (Tel.: + 41 22 928 9430 / email:nsiahpoush@ohchr.org) or write to sropt@ohchr.org. 

 



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