Tag Archives: Palestine

R2P and the Palestinian Ordeal: Humiliating the UN

23 May

[Prefatory Note: The posted text below will be one of the contributions in the forthcoming virtual roundtable The Responsibility to Protect and Palestine, orchestrated and editedby Coralie Pison Hindawi (AUB), that will appear soon on the Beirut Forum website, http://www.thebeirutforum.com/. The roundtable will feature additional essays by Ghassan Abu-Sittah (AUB), Irene Gendzier (Boston emeritus), Siba Grovogui (Cornell), David Palumbo-Liu (Stanford), Ilan Pappe (Exeter), Vijay Prashad (Tricontinental Institute), Mazin Qumsiyeh (Betlehem) and Chiara Redaelli (Harvard). The fact that Gaza has not even been discussed at the UN, despite the prolonged, intense victimization of its vulnerable and impoverished civilian population is one more indication of the primacy of geopolitics and the marginalization of international law and morality. Only civil society activism can keep the torch of justice burning in this global climate.]

 

 

R2P and the Palestinian Ordeal: Humuiliating the UN

 

The Emergence of R2P

At the UN World Summit in 2005 the norm of Responsibility to Protect (R2P) was formally endorsed by the participating governments with considerable fanfare. The gathering of diplomatic representatives of sovereign states also declared their intention to implement this assertion of collective responsibility on behalf of international society, as institutionally embodied in the UN. The following strong language was officially used: “In paragraphs 138 and 139 of the 2005 World Summit Outcome Document (A/RES/60/1) Heads of State and Government affirmed their responsibility to protect their own populations from genocide, war crimes, ethnic cleansing and crimes against humanity and accepted a collective responsibility to encourage and help each other uphold this commitment.”

The impetus, and even some of the language of R2P, derived from the analysis and recommendations of the International Commission on Intervention and State Sovereignty (ICISS) [See Report of the commission, ‘The Responsibility to Protect’] in response to widespread calls for creating a post-colonial normative framework to address situations such as existed in Kosovo prior to the NATO War of 1999, which rested on a humanitarian rationale but lacked UN authorization. The central idea of R2P as set forth in the ICISS Report was the rendering of protection to a people suffering severe harm due to ‘internal war, insurgency, repression or state failure.” It was not directly tied to the underlying presence of the four crimes listed in Outcome Document as triggering possible application of R2P. There is confusion resulting from two parallel framings associated with the R2P norm. The first framing relates to R2P as a response to the occurrence of the four specified crimes. The second framing is more general relating to severe civilian harm resulting from a breakdown and rupture of the internal social order. With respect to the invocation of R2P forcoerciveintervention, the UN understanding seems to be a required Security Council decision, which means the applicability of the veto and that this engages both geopolitical factors and principled objections to overriding of territorial sovereignty.

 

 

Applicability of R2P to Palestinian National Struggle

Without doubt, it would seem that the Palestinian ordeal was a perfect fit for the application of the emergent international norm associated with R2P. It is well established by now that the Palestinian people as a whole have been victimized over many years by an apartheid regime imposed by Israel for the purpose of maintaining a Jewish State, which is one instance of a crime against humanity enumerated in Article 7 of the Rome Statute that provides the constitutional framework governing the operations of the International Criminal Court. The coercive dispossession during the 1948 War of more than 700,000 Arabs who had been living in Palestine often for generations, as combined with Israel’s denial of any right of return for Palestinian who fled or were forced out, possess all the elements of the crime of ethnic cleansing. The persistent collective punishment imposed on the civilian population of Gaza not only flagrantly violates Article 33 of the Fourth Geneva Convention, and in addition is treated by international criminal law as either a crime against humanity or a war crime. In effect, it would seem that Israel has persistently and flagrantly committed three of the four crimes specified in the Outcome Document as triggers for the application of R2P.

Beyond this, however, it is made clear that the primary obligation imposed on member states of the UN is to prevent the commission of these crimes on their own sovereign territory. Other states are expected according to the Outcome Document to help states fulfill this “responsibility to protect their own populations.” In other words, Israel was responsible as a state to prevent Palestinian victimization by adopting policies and practices that were consistent with prohibitions on crimes against humanity, ethnic cleansing, and war crimes. Not only did Israel fail to do this for prolonged periods, but they affirmed a willingness to rely on such international crimes to sustain their overriding commitment to impose at all costs a Jewish state on a predominantly non-Jewish society, at least if national identity is assessed demographically. Such intentions were boldly asserted in the Basic Law of the Jewish Nation-State (2018), which reserved the right of self-determination in historic Palestine exclusivelyto the Jewish people. It is the priority of the Zionist project that explains why such international crimes of fragmentation and control are a necessary and central feature of Israeli governance. These structural and ideological dimensions  establish the basis for favoring reliance on R2P as essential to overcome the suffering and victimization of the Palestinian people. 

The logic of Israeli international crime and the relevance of R2P is compelling from objective legal, moral, and political perspectives. It rests on the existential primacy of nationalism, as reflecting the preferences of the demographic majority, as the foundation of the right of self-determination over the last century. In the case of Palestine, when the Balfour Declaration was issued in 1917, the Jewish population of Palestine was estimated to be between 5-8%, which increased as a result of Jewish immigration to around 30% at the time of the partition resolution (GA Res. 181) in 1947. In an era of decolonization it was no longer acceptable to achieve minority control via a settler colonial strategy, and it only became practical in Israel’s case by relying on elaborate oppressive structures to control national resistance as reinforced by solidarity initiatives of a decolonizing non-Western world. The Zionist movement also pledged a commitment to establish ‘democracy’ in Israel in addition to establishing a Jewish state, which meant that the Palestinian demographic presence must be kept permanently as small as possible. Such a combination of ethnic and political goals led to a continuous process of ethnic cleansing, as supplemented by a refusal to repatriate Palestinian refugees and allow the return of exiles. To meet the challenge of Palestinian resistance led to an almost inevitable reliance by Israel on the establishment of an apartheid regime alone able to ensure the security and ambitions of a Jewish state. [For clarification and amplification see UN ESCWA Report, “Israeli Practices Toward the Palestinian People and the Question of Apartheid,”March 15, 2017] Such a reliance on such racially delimited structures had the same objective as South African apartheid, that of keeping one ethnicity or race in control of territorial sovereignty by subjugating another race, although the nature of the apartheid structures and the socio-economic settings of the two countries was very different.

It seems self-evident that from legalistic and ethical perspectives R2P should have been invoked and applied to alleviate and terminate Palestinian victimization resulting from Israeli reliance on policies and practices that are the precise crimes that are supposed to engage this responsibility to accord international protection. This assessment is bolstered by the Israeli refusals to take measures on their own to govern the country in a manner consistent with international law. How, then, do we interpret the silence surrounding R2P when it comes to its application with respect to Israel?

 

The Primacy of Geopolitics at the UN: Legalistically and Politically 

The primary explanation is political and geopolitical. From a political perspective the political consensus underlying the endorsement of R2P never anticipated that the norm would be applied in its coercive modes without the approval, or at least the acquiescence, of the five permanent members of the Security Council. In effect the norm was subject to a geopolitical veto, which was a crucial self-limitation, at least if conceived as an extension of UN responsibility to internal state/society issues. Less abstractly, it was apparent that any attempt to invoke R2P with respect to Israel would be blocked by the United States, in all likelihood, supported by France and the United Kingdom, and even possibly by China and Russia. The Western powers would block R2P because of their ‘special relationships’ with Israel while China and Russia would be wary of any attempt to create a precedent validating forcible intervention in the internal affairs of sovereign states. These two states learned a lesson when they allowed the application of R2P in Libya in 2011 by abstaining from the Security Council initiative (SC Res. 1973) of Western countries to mount an emergency humanitarian undertaking to protect through a no-fly zone the civilian population of Benghazi against approaching Libyan armies. The military operation mounted by NATO supposedly to implement the resolution almost immediately became a regime-changing intervention of greatly expanded scope. The intervention reached its climax with the brutal execution of the head of the Libyan state, Muammar Qaddafi. The two sides of R2P diplomacy become evident by comparing the cases of Palestine and Libya. With respect to Palestine invocation of the norm is precluded by geopolitics, while with respect to Libya the use of force was legitimized by a R2P justification, which was then undermined by an ultra virus expansion of the scope of UNSC authorization required to reach Western geopolitical goals. In both instances, the hypothesis of the primacy of geopolitics is sustained. 

 

A Concluding Comment

It should be evident that despite the universalist language, the application of R2P was deliberately limited to extremely rare instances where a geopolitical consensus existed, and additionally, to situations where the capabilities needed to address the challenge of effective protection was available to the UN. If the intention was to find a way to address the kind of situation that led NATO to act outside the UN framework to protect the people of Kosovo in 1999, the R2P approach is little short of delusional. Russia, and likely China, would certainly have vetoed the invocation of R2P in a situation that contained the political implications of Kosovo even if there had been no Libyan disillusioning experience with respect to authorizing humanitarian claims to apply R2P. The primacy of geopolitics poses three sets of obstacles to the use of R2P as a means of protecting people from the four categories of specified criminality in Summit Outcome Document: (1) the legalistic right of veto available to the five permanent members of the Security Council; (2) the politically amorphous pattern of alignments that are given precedence over impulses to apply and enforce international criminal law; (3) the world order reluctance by several leading states to encroach upon the internal territorial supremacy of sovereign states.

For these reasons, it is evident that short of unforeseeable changes in the global setting, R2P is unlikely to be invoked, and if invoked, almost certain to be blocked in application with respect to the criminal victimization of the Palestinian people. This is a sad demonstration of the unwillingness and inability of the UN to accept existential responsibility for the protection of peoples being severely victimized by the specified crimes in situations where the territorial sovereign government is itself the culprit or supportive of the alleged criminality. As international experience since 2005 shows, R2P as a UN innovation functions primarily as a geopolitical instrument, and does not in any way overcome the kind of Kosovo challenge that it was designed to address or to create a normative alternative to ‘humanitarian intervention’ in the post-colonial world.

If there is a lesson for the Palestinian struggle it is this. Do not look for relief to any future application of R2P, or for that matter, to inter-governmental diplomacy or the UN. The only path to ending current patterns of criminal victimization is by a combination of Palestinian national resistance and global solidarity initiatives. One such initiative is the BDS Campaign that would reach a tipping point if and when geopolitical factors and Israeli national self-interest are recalculated due to pressures from within and without Israel/Palestine. At such a point substituting a democratic form of peaceful coexistence for current apartheid structures would be then perceived as a matter of self-interest as became the case in South Africa after the Afrikaaner governing elite concluded that the white population would be better off in a constitutional multi-racila democracy than by living with sanctions and illegitimacy as an apartheid state.                                                                                                                                                                                                                       

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A Tale of Two Speeches: Marc Lamont Hill on Palestine and Martin Luther King on Vietnam

21 Jan

A Talel of Two Speeches:  Marc Lamont Hill on Palestine, Martin Luther King, Jr., on Vietnam

 

In my last post I criticized the news approach of CNN, and by indirection, that of the MSM. I complained that by being Trump-obsessed CNN ever since 2016  helps pacify the American political scene, making us view demagogic politics as nothing more serious than ‘a reality show.’ Beyond the obsession itself, is the inexplicable redundancy in which successive news programs cover the latest episode from virtually identical viewpoints, while ignoring the whole panorama of major developments elsewhere in the world.

 

It is an aspect of what the most perceptive commentators on the decline of democracy have begun with reason to call our post-political ‘democracy,’ which is the reverse side of the plutocracy coin. An insidious part of this post-political reality show is to reduce politics to ‘the bipartisan consensus’ established in the United States after 1945. In effect, the consensus imparts an apolitical stamp of permanent approval to global militarism and neoliberal capitalism.

 

Instead of weakening its grip on the national public imagination after the collapse of the Soviet Union, and with it the socialist alternative, the reverse effects occurred. By declaring geopolitical peace and acting accordingly, the governing elites went in the opposite direction: privileging capital accumulation at the expense of human wellbeing and equality; proclaiming a militarized unipolarity that overrides international law, UN authority, human rights, and international morality. It this reconfigured post Cold War ‘bipartisan consensus’ that has guided American public policy since the early 1990s. It is endorsed by both the deep state and the established leadership of both political parties, and is the presumed underpinning of CNN’s diversionary approach to news coverage. In effect, Trump must go, or at worst be tamed, so that the bipartisan consensus can flourish as the authoritative depiction of America’s global political identity.

 

The dismissal of Marc Lamont Hill is the toxic icing on this particular cake. Hill a professor at Temple University and a regular consultant to CNN was summarily dismissed as news consultant in deference to pressures mounted by Zionist organizations. Hill’s sole ‘wrong’ was to deliver a humane speech at the UN in support of Palestinian self-determination and other rights. No fair reading of what Hill said or his overall career would reach any conclusion other than that this was a call for justice for Palestine along a path in which both Jews and Arabs could coexist within the same contest territory in forms of their own choosing. Apparently, his closing line was enough to provoke Zionist watchdog to call for  Hill’s dismissal: “free Palestine, from the river to the sea.”

 

It remains murky, and probably will remain so, whether ripping this phrase from Hill’s text was a pretext to discredit and intimidate pro-Palestinian sentiments or an illuminating misunderstanding of his speech. Any careful reading of Hill’s text would reveal that the clear intention of the talk was to condemn anti-Semitism and to promote peace and justice for both peoples.

 

The only alternative reading that is plausible suggests that this single phrase was all that was read by those who ranted in reaction about an anti-Semitic screed delivered at the UN. I am reminded of my own experience two years ago when a UN report on Israel/Palestine of which I was co-author was viciously denounced with no indication of it having been read beyond the title that contained the word ‘apartheid.’ This word alone seemed enough of a red flag to cause Nikki Haley to become hysterical when voicing her demand that the UN denounce the report.

 

As Hill himself explained in a column published in the Philadelphia Inquirer [Dec. 1, 2018]: “Critics of this phrase have suggested that I was calling for violence against Jewish people. In all honesty, I was stunned, and saddened, that this was the response.” As Hill suggests that both Israelis and Palestinians have used that phrase over the years to describe their intentions, including for various forms of co-existence, especially either the two-state Oslo goal line or the secular binational one-state vision that Hill and many of us affirm as alone viable and desirable. To consider such a sentiment as anti-Semitic is to accpet a Zionist slur against someone whose life and scholarly work has been dedicated to social justice and opposition to all forms of ethnic hatred and intolerance. Given the recent troubles of Angela Davis and Alice Walker it is difficult to avoid the conclusion that African Americans are especially targeted if perceived by Zionist gatekeepers as overtly and effectively pro-Palestinian. The racist message being delivered: ‘Stay in your racist lane, or else suffer the consequences!” 

Surely, an irony is present. These African American cultural and intellectual figures are as a matter of racism told to limit their concerns and activism to their own grievances associated with the treatment of African American. The abuse of Palestinians is none of their business. The message to Jews is somewhat analogous, although interestingly different. If you speak in solidarity with the Palestinian struggle you are sure to be labeled ‘a self-hating Jew.’ Here the embedded assumption is that to be authentically Jewish is to be mum when it comes to Israeli crimes of abuse inflicted on the Palestinian people. 

 

As Michelle Alexander recently reminded us in a forthright column, Martin Luther King, Jr., was rightly perceived as ‘brave’ when he spoke out against the Vietnam War in his famous speech of April 4, 1967 at Riverside Church. It was not considered a provocation by that stage in the war if white liberals publicly opposed the Vietnam War, and certainly did not warrant words like ‘brave’ or ‘courageous.’ For an African American leading figure, such as King, to do so was existentially different then, and now. It was rather widely viewed by liberal thought controllers as an imprudent and impudent assumption that a black man was fully enfranchised and had the same right to be a citizen of conscience when it came to issues outside the domain of race as did a white person. The ugly reality that King was assassinated in the following year, which either directly or indirectly served as a reminder that black folks, however distinguished and prominent, will be punished it they act as if they enjoy the same spectrum of rights and concerns as the rest of us.

 

For King to comment on the Vietnam War was to enter the main lane of political controversy and thus cast himself as an uppity black who offended even the colonized African American leaders who at the time lamented, or at regretted, his Vietnam stand as an unwelcome distraction from fighting for civil rights in America. The message delivered as a dog whistle by liberals, both black and white, was ‘let others worry about the Vietnamese people and American militarism. This is none of your business. Stick to race.”

 

We can take note of this subtle form of liberal racism as long pervading American political culture. To observe it so crudely resurfacing in relation to this dismissal of Hill by CNN suggests that despite liberal claims, little progress has been made in dissolving the structures of what might be called ‘deep racism.’ What is more for Anderson Cooper, Chris Cuomo, and Don Lemon to remain silent in the face of the Hill dismissal by their employer exposes two lamentable features of how this ‘most trusted name in news’ operates: first, it bows to Zionist pressures to enforce the new anti-Semitism without even assessing whether the call for dismissal was; this action by CNN in effect equated such alleged severe criticism of Israel with hatred of Jews, which is a distinct malicious interference with freedom of expression. CNN went even further, as Hill’s talk fairly read was actually supportive of the existence of Israel, the wellbeing of Jews in Israel, and explicitly repudiated anti-Semitism as properly understood. Thus, what CNN exceeded even the contours of Zionist definitions of ‘new anti-Semitism’ as extended to Israel as well as to Jews. Further, these lead news journalists, who nightly claim to tread the high moral ground, have maintained their public silence in the face of this crippling encroachment on freedom of expression resulting from the dismissal of Hill.

 

Make no mistake, what befell Marc Lamont Hill is a warning to CNN itself as to the backlash it would face if it should venture outside the confines of its lane in the future. It is also a reminder to the rest of us that trusting CNN’s public face is a fool’s errand. The wider effect of Hill’s experience is to send an intimidating warning to anyone in the African American community that they had better watch their words and deeds, or be ready to receive, at the very least, to receive a rhetorical lynching, which would have a variety of seen and unseen harmful career effects.

 

Such an interpretation is not exaggerated. It was confirmed in relation to Hill by the response of his employer, an institution of higher learning supposedly dedicated to upholding academic freedom. Instead of doing the right thing, and supporting their faculty member, Hill was separately lynched by the president and chair of the board at Temple University in the harshest imaginable language. Various calls were made in the days after the CNN that he be stripped of his tenured position at Temple. Hill’s offense: Speaking out on a controversial issue at a UN conference in a manner completely in harmony with human rights and global justice.  

 

What is striking here is that the backlash against Hill was so extreme under the circumstances, including the UN auspices. Freedom of expression and academic freedom should be available to those who are less humane and careful in articulating their opinions than was Hill.

 

As Michelle Alexander makes us consider the question of whether Martin Luther King would today, on this holiday celebrating his extraordinary life, speak on Palestine just as he did speak in 1967 on Vietnam. From personal experience that it was far easier for me, a white Jew, to speak and act against the Vietnam War (although there were taunts—‘America, love her or leave her’) than it is to depict

the apartheid policies and practices of Israel. Instead of being blacklisted in the Vietnam context, even in the earlier phases when it was widely supported, I was widely invited to provide a dissident voice.

What happens when a critic of Israel raises his voice, no matter who he or she is, or the accuracy of what is disclosed, the backlash takes the form of smears rather than arguments. Both Jimmy Carter and Richard Goldstone, two totally different, yet moderate political personalities, found out. There is no reason to think that Martin Luther King would not experience a defamatory tsunami should he be with us,

and dare raise his voice.

 

 

 

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On My 88thBirthday: A Reflection

13 Nov
  • [Prefatory Note: I took part in a stirring program here in Berlin earlier this evening in support of three activists from Palestine and Israel
  • who face criminal charges for disrupting a meeting featuring Zionist denials of Israeli crimes against humanity. Two of the three who face these charged are Jews born in Israel, and one a Palestinian born in Gaza, whose family was in audience, including his father who was in an Israeli
  • prison for 18 years. It was an inspirational event that discussed with depth and insight the obstacles to support for Palestinian rights encountered in Germany because of the persistence of German guilt about the Nazi past. In my remarks I tried to convey the understanding that the only true way to erase that sense of the past is to oppose the ongoing Israeli crimes of states rather than be complicit by choosing to be silent in the face of evil. I post a poem that I wrote earlier today, and read at the end of my talk, perhaps a self-indulgent conceit on my part, but I share it here as a way of thanking so many friends near and far who sent me the most moving birthday greetings throughout the day, which made me feel that we who are supporting the Palestinian struggle are part of a growing community that will prevail at some point, and the two peoples now inhabiting Palestine can finally live in peace, and with dignity and equality. All of us agreed that peace can only happen once the apartheid structure of the present Israeli state is fully dismantled and a spirit of true equality for Palestinians and Jews is affirmed and implemented, not only for those living under occupation, but for Palestinians confined to more than 60 refugee camps, to those millions long victimized by involuntary exile, and by the Palestinian minority in Israel.]
  • On My 88thBirthday: A Reflection 

    To be almost 90

    And happy

    With good health

     

    Feels criminal

    Amid Satanic happenings

    Raising Images too dark

    To be real

     

    Children in Gaza

    Are shot to death

    Friday after Friday

    By official assassins

     

    Khashoggi’s murder

    An unspeakable crime

    Yet no more than a problem

    For hard men of power

     

    Events so dark

    And so numerous

    Casting shadows

     

    Will despair be our fate?

    Is this truly our world?

    Are we even meant to survive?

     

    My hope– to live

    Long enough to shout

    An everlasting ‘No’

     

    And may so affirming

    Become my last word

    Become my testament

    Of hope for all beings

     

     

     

    Richard Falk

    Berlin

    November 13, 2018

     

    ]

 

 

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

11 Sep

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

 

 

 

  

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Why the United Nations Matters (even for the Palestinians)

18 Jan

 

There are many reasons for persons with very different worldviews to feel disillusioned by, if not angry at, the United Nations. These negative feelings arise usually because the UN stands idly by the sidelines while terrible national and human tragedies unfold as the world media visually narrates horrific events in real time. At other times the hostile feelings toward the UN arise because the Organization is seen as a plaything of geopolitics, as bowing to crude leverage wielded by major funding governments, and in the process violating the letter and spirit of the UN Charter. Such behavior undermines the UN’s constitutional foundations and casts doubt on the central claim that the Organization is dedicated to the cause of war prevention.

 

No people have more reason to be disappointed with the UN, international law, and the precepts of international morality than do the people of Palestine. From the moment the UN was established up until the present moment, the Palestinians have been victimized either by the use of the UN to pursue geopolitical goals or by the inability of the UN to implement its own decisions and assessments that are responsive to Palestinian grievances or supportive of Palestinian aspirations.

 

Obviously, there is present a world order puzzle that needs solving. Many believe, especially here in the United States, that it is Israel that is the victim of UN bashing and bias, being singled out at the UN for continuous censure and criticism, and it is the Palestinians that have over the years received aid and comfort in the halls of the UN for their contentions, however inflammatory. For our dualistic Western minds, incapable of reconciling opposites, something must be wrong. It seems impossible for both the Palestinians and Israelis to be both victimized at the UN.

 

Yet this is precisely the case. The Palestinians are victimized because the UN doesn’t mean what is says, at least not on the plane of action. The UN gives the Palestinians the pabulum of words, while refraining from the reality of deeds, which over time gives rise to resentment and cynicism summarized by the sentiment: ‘what good are words, if nothing happens, and the situation on the ground even deteriorates.

 

At the same time, partly in reaction to this sense of impotence when it comes to imposing its views effectively on behavior, the UN slaps, sometimes strongly, the defiant Israelis. And the Israelis, never above playing the anti-Semitic card, keep telling the world that they are singled out for bashing even though their wrongs are far less bad than that of others. Of course, never far in the background is the weight of geopolitics, with the United States wielding a punitive stick on Israel’s behalf.

 

History needs to be taken into account in sifting through the complexities of argument and counter-argument carried on now for decades about the performance of the UN in relation to Palestinians and Israelis. With respect to the geopolitical explanation of Palestinian disillusionment, the UN already in 1946 accepted the responsibility to supersede the United Kingdom, which had been administering Palestine on behalf of the international community since the fall of the Ottoman Empire after World War I., in working out a solution on behalf of the two peoples. Yet instead of consulting the resident population of Palestine on its wishes with respect to the implementation of the right of self-determination, the UN on its own initiative proposed an Orientalizing solution that gave Israel 55% of Palestine despite less than 33% of the population being Jewish. This demographic disparity existed despite several decades of Jewish immigration spurred by energetic Zionist efforts around the world as well as by the British, eager for strategic reasons of their own to carry out the Balfour pledge of 1917. Jewish immigration was also greatly encouraged by the rise of Nazism, which intensified the search for a sanctuary that could protect Jews, especially those fleeing Hitler’s Germany.

 

Then to compound this imposition of a settler colonialist outcome, repugnant from the outset to the majority Arab population, the UN proceeded in 1948 to accept Israel as a member of the UN without first making obligatory provision to ensure an equitable future for the Palestinian people. This flawed UN response to the end of the British mandate has been compounded by years of Israeli expansionism, especially since 1967. Such an internationally tilted outcome reflected intense liberal guilt toward Jews in the aftermath of the Holocaust combined with the skill and tactics of the Zionist movement in influencing the Jewish diaspora as well as government policy in Europe and North America. It was an early demonstration of geopolitics triumphing over international law and global justice within the UN. It should not be forgotten that the UN was established in ways that gave leading states a geopolitical comfort zone, more familiarly known as ‘the veto,’ a blunt instrument for opting out of responsibilities, and useful to protect friends and batter enemies.

 

Turning to the impotence of the UN when it comes to its resolutions and decisions that encounter geopolitical resistance, the pattern has been evident all along. After the outcome of the 1967 War, the international community by way of the UN acquiesced with hardly a whimper to the extension of Israeli territorial claims from 55% to 78% of mandate Palestine. Ever since, this enlargement of Israeli territorial expectations has formed the basis for the two-state consensus, and was even accepted by the Palestinians as the realistic territorial baseline for a compromise solution.

 

Beyond this central issue of territorial allocation, the UN General Assembly affirmed the right of return of Palestinians forced to leave their homes in the 1947-48 War in General Assembly Resolution 194, and a second wave dispossessed in the 1967 War. The resolution has been pointedly rejected by Israel without any adverse consequences.

 

In similar fashion, the expansion and annexation of Jerusalem has been strongly condemned, most canonically, by the UN Security Council in Resolution 478 (1980), a unanimous vote except for the U.S. abstention. Finally, despite this, and the periodic Security Council denunciations of Israeli settlements on occupied Palestine territory, Israel has continued year upon year to build and increase the settler population. Against this background, it is to be expected that the Palestinians feel that having their rights affirmed at the UN is a worthless exercise, if not a feeble way to obscure UN impotence, given that the Palestinian ordeal has worsened year after year, decade after decade.

 

And yet despite all this the Jerusalem resolution of last December (passed by a vote of 128-9 with 35 abstentions and 21 absences) repudiating the Trump initiative is significant, partly because symbols are of great, if indirect, importance in international life. Symbolic victories at the UN do on occasion have subtle, yet real, behavioral impacts. The UN for all its weaknesses has long been the primary source for authoritative determinations of the legitimacy and illegitimacy of internationally recognized claims and grievances. This resolution is illustrative, supported by every important country in the world including the closest allies of the United States, with the symbolic and unequivocal rejection of the Trump diplomatic gesture of recognition being clear and consequential.

 

The Jerusalem resolution seems likely to produce a series of consequences: it greatly weakens, if not terminates, the central role that the United States has played as the only recognized third party mediator between Israelis and Palestinians, thereby creating an opportunity for the EU and individual European states to fill the diplomatic vacuum that seems to have formed; besides this, demonstrations around the world opposing the U.S. recognition initiative are translating support throughout the world for the Palestinian global solidarity movement that is likely to be expressed in several ways, especially by way of a more robust Boycott, Divestment, and Sanctions (BDS) Campaign. And at least for the moment, the Palestinian Authority, and its leadership, has moved away from adopting a quasi-collaborative stance in its relations with Israel, insisting that Trump’s move caused a damaging rupture. In effect, if diplomacy is to go forward in the future, it will have to proceed under new auspices, possibly Europe, maybe even China or the UN. Such radical expectations, while expressing a welcome refusal to be coopted by the Tel Aviv/Washington charade carried on for so long within the Oslo framework, is totally unrealistic in the near term. Israel would much rather be a pariah state than to submit its fate to Chinese or UN diplomacy, or for that matter, any intermediary that would seem fair to the Palestinians rather than partisan as in the past in favor of Israel. For so long Israel has

been coddled by American leaders that it became a hardened expectation with little wiggle room as Barack Obama found out early in his presidency when he dared to take baby steps in search of a middle ground.

 

It is worth recalling the anti-apartheid campaign against the South African racist regime that achieved prominence in the decades after 1945. The UN played a crucial role by its authoritative condemnation of apartheid as a crime against humanity and by its indirect encouragement of nonviolent resistance to South Africa racism throughout the world. This anti-apartheid experience is an instructive precedent, raising hope for the eventual success of the Palestinian national struggle, although the South African leadership had been far less creative and effective than the Israelis in insulating their governing process from external pressures.

 

What is analyzed with reference to Palestine and the Jerusalem resolution can be understood as a template for a general appreciation of both what the UN can and cannot do. The UN has this central role to play in either confirming or dismissing symbolic claims associated with the grievances and rights of subjugated peoples in the world. It is for this reason that governments fight so hard to have their policies accepted at the UN, or at least not criticized, censured, or punished, none more so than the government of Israel. Israel’s vicious attacks on the UN should be understood as disclosing the Israeli appreciation that, despite everything, the UN is a crucial site of struggle in the contemporary world order. Its findings of legitimacy and illegitimacy, especially if they resonate with feelings of justice around the world, impact strongly on civil society and often exert a strong influence on international public opinion and media coverage.

 

At the same time even if there is intense support for a symbolic outcome, it will rarely be self-enforcing, and it will be almost impossible to enforce at all absent a rare supportive geopolitical consensus. For instance, with respect to imposing sanctions on North Korea given its provocative nuclear program and accompanying diplomacy, it has been possible for all 15 members of the Security Council to agree sometimes on a common course of action, although as worried by Trump’s blustering belligerence that increases the danger of a universally unwanted and feared war. The geopolitical divergencies that were present at the UN were temporarily overcome by compromises. In this instance, the shared goal of avoiding a war on the Korean Peninsula encouraged governments to find some common ground.

 

The role of the UN in the Middle East has been particularly lamentable, First, the legacies of colonialism have left artificial political communities throughout the region. The Middle East also suffered from the geopolitical ambitions of the U.S., including its Cold War containment policy, strategic priorities accorded Gulf oil reserves and the security of Israel, and since the Iranian Revolution of 1979, its resolve to limit the spread of Islamic influence and political extremism. In effect, when the geopolitical stakes are high and associated with the policy priorities of dominant states, then the UN becomes marginalized, playing only trivial roles as in the long international civil wars that have caused such massive suffering in Syria and Yemen.

 

The conclusion to be reached is to view the UN realistically, affirming its central role with regard to symbols of legitimacy and its relative impotence if geopolitical forces are mobilized against any UN calls for action. Sometimes, arguably, the UN can be too effective, as when geopolitical forces turn a blind eye to issues of sovereignty and justice in a weaker country. This happened when in 2011 the Security Council was hoodwinked into endorsing a NATO regime-changing intervention in Libya undertaken in the name of freedom and democracy, but resulting in chaos, violent strife, and ethnic tensions.

 

The prospects for a stronger UN presence in international life involve tethering geopolitics by taking steps that now seem politically impractical: abolishing the veto power of the five permanent members of the Security Council, making resolutions of the General Assembly binding if supported by ¾ of UN members, basing UN funding on an independent tax base tied to international civil aviation or transnational financial transactions, and removing the selection of the Secretary General from the filter of P-5 approval. These steps have been long advocated by those seeking a more effective UN, but have been blocked by states that do not want to diminish their international status or their geopolitical leverage.

 

Until the international system experiences a shock or intense stress, it is hard to imagine such steps being taken. In fact, given Trump’s regressive approach to global policy and thinly disguised hostility to the UN, it is more likely that the UN will be even more constrained in the near future as to what it can do to make the world more peaceful, prosperous, sustainable, and just. The diplomatic rebuff of the U.S. after its irresponsible Jerusalem unilateralism, including the failure of its bullying tactics, has undoubtedly made the Trump presidency realize that the UN will not be a venue in which to push its regressive version of ultra-nationalist militarism.

 

Despite understandable degrees of disillusionment, people of good will dedicated to UN ideals should not give up on the Organization or its potentiality, but work harder to make the UN come closer to fulfilling its original promise, needed now more than ever. Justice for the Palestinian people, however long deferred, remains the defining moral prism by which to assess the shifting balance between achieving global justice and bowing to the whims of geopolitics at the UN and elsewhere.

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Parallel Universes: Vietnam and Palestine

26 Nov

 

 

Not surprisingly, my sixth visit to Vietnam stirred many memories, among them, a recognition of the parallels between the Vietnamese and Palestinian experiences, two peoples who have meant so much to me over the course of my adult lifetime. I visited Hanoi in 1968 in the midst of the American war that was devastating the country and its population, causing more than three million deaths and deliberately injuring the environment and its human surrounding by using vast quantities of Agent Orange, containing the highly toxic chemical Dioxin. Agent Orange was being used to defoliate large areas of the countryside in the South as a tactic against revolutionary Vietnamese forces who were taking advantage of the wooded countryside to mount their attacks. The legacy of Agent Orange continues grimly to remind people of the war, giving rise to anguished societal suspicions of current contamination that seems confirmed by the continuing occurrence of birth deformities in certain provinces that far exceed normal statistical expectations. The Vietnamese mention this ongoing tragedy in muted tones as the government worries that it might hurt Vietnamese plans to increase their exports of agricultural products. It is part of the present atmosphere in which the war/peace preoccupations that I encountered when I visited Vietnam during the war have now been replaced by according the highest policy priority to economic growth and poverty reduction.

 

The Vietnam/Palestine parallel should not be understood as a claim of similarity. The two experiences are each highly distinctive, reflecting many particular features of the cultural, historical economic, and political experience of each country, as well as the specificities of relations to their regional neighborhood and global setting. At the same time these two peoples do share defining experiences of prolonged victimization intertwined with bitter resistance struggles because their desired national narrative collided with the geopolitical ambitions and commitments of the United States. In Vietnam the United States assumed responsibility for a colonial war already lost once by France in 1954, and pursued it with almost unrestrained fury for more than a decade before renouncing the quest in 1975, and slinking home in thinly disguised defeat. The supposed stakes of the conflict for the United States in Vietnam were mainly measured and justified in the ideological currency of the Cold War, holding the line in Asia against Communism after ‘the loss of China.’ According to the principal justification for the war, Vietnam was an Asian domino, which if it fell to national liberation forces, would lead to a rapid spread of Communism to Vietnam’s neighbors, which was then interpreted in Washington to mean the expansion of the Chinese sphere of influence.

 

Of course, the ideological and geopolitical motivations were packaged, as usual, with sleazy propaganda about the defense of freedom and the protection of South Vietnam against aggression from the North. This imposed division of Vietnam was itself a figment of the last stage of the Western colonial imaginary that tried to make the world believe that borders of geopolitical convenience took precedence over the the fundamental right of self-determination, which reflected the organic unities of history, tradition, and national identity. Eventually, as in most other anti-colonial struggles the national movement eventually prevailed during the period after 1945, enjoying in Vietnam the benefits of inspired political, military, and ideological leadership in the persons of Ho Chi Minh, General Vo Nguyen Giap, and Le Duan, and a historical tradition of many centuries of success in defending national territory against foreign invaders, especially the Chinese. What is more, not only were the Vietnamese strengthened by this historical tale of victory. They were equally proud and sustained by an extraordinary record of post-conflict reconciliation with prior enemies that many other governments and societies could do well to heed. Political leaders in Hanoi enjoyed telling foreign visitors during the war how the Vietnamese prepared a farewell banquet for their Chinese intruders once they opted for peace, and decided to return home with the obvious implication that if the Americans stopped the war, friendship could follow, not recrimination and bitterness.

 

Never did I understand better the Communist slogan that our enemy is the government not the people than when I came to Vietnam in 1968 as an American peace activist. What I felt with a depth that could not be staged was the genuineness of these sentiments, then strongly associated with the teachings and beliefs of Ho Chi Minh. This attitude, so different than what I had experience as a child growing up during World War II, was epitomized by Ho’s appreciation of the American Declaration of Independence that Vietnamese school children were made to read and think about about throughout a war in which American planes were daily dumping tons of explosives on the villages and towns of an almost defenseless people. I remember driving in the beautiful Vietnamese countryside during the visit and being told by a government official that the driver’s entire family had been recently killed by a bombing strike, but that if an American plane were to attack us now he would risk his life, if necessary, to save yours. I felt moved at the time because it seemed so sincere, and consistent with all that I felt during my two weeks in the country at a time of its great national hardship, including shortages of food and medicine. The Vietnamese even in these dire circumstances were ready to give so much more than I was capable of giving!

 

My experience with the people of Palestine, whether living under occupation, as a minority in Israel, or in refugee camps, or in a global diaspora has many equivalent moving moments, maybe even more that were accompanied by tears either of grief or laughter. Both peoples exhibit resilience of will, virtue, love, and a lively comedic sense of reality that exceeds what seems imaginable. Beyond this, in the case of the Palestinian people their struggle continues to be maintained against seemingly overwhelming odds if the calculus of ‘political realism’ is to be trusted, which never seems to lose credibility no matter how often it errs. There are crucial differences between the principal adversary facing the Vietnamese and the Palestinians. It is this subjectivity of the oppressive forces that is not widely enough appreciated. Both the French and Americans, although investing heavily in their respective wars, always had a Plan B, a metropole to which they could retreat from Vietnam if the cost of the overseas campaign became too high.

 

For the Israelis, although many Jews as individuals do hold a second passport, there is no Plan B, no homeland other than that established by the Zionist settler colonial undertaking from its inception toward the end of the 19th century. These Zionist high stakes help explain the sense of justification with regard to the dispossession and suffering of the Palestinian people. What the Israelis may, however, be forced to consider in the future, if adverse pressures from the combination of Palestinian national resistance and global solidarity initiatives becomes threatening enough to make attractive to Israelis the choice of Plan C, that is, ‘a just peace’ based on the equality of the two peoples.

 

Such a drastic shift of Israeli objectives would necessitate both rolling back the idea and mechanisms of an exclusionary Jewish state, that is, abandoning the biblical vision of Israeli Jews occupying the whole of ‘the promised land’ of Palestine and then dismantling the apartheid structures to sustain control over the Palestinian people as a whole. At this point a just peace seems such an unlikely scenario as to invite responses of ‘utopian’ or ‘impossible’ to any suggested course along these lines. Yet history has its ways of undermining oppressors, making the impossible happen. Israelis would do well to ponder their future before supposing that they can subjugate the Palestinian people indefinitely. These reflections should include the awareness that the Palestinians, like Israeli Jews as a collectivity also have no Plan B (and few second passports!). The Israeli self-serving contention that since Palestinians are ‘Arabs’ they could and should give up their quest for a sovereign Palestine, and be content with lives in the Arab world. Palestinians, as might be expected, connect their aspirations with their connections to Palestine, and would be no more content or secure if moving to Arab countries than Israeli Jews would be to live in a Western country, in fact, less so.

 

Most Palestinian leaders have long seemed ready to negotiate their versions of a Plan C, which contains the proviso that it must give concrete meaning to the affirmation of an ‘equality of rights.’ True, Hamas might seem reluctant to endorse a full fledged Plan C, at least at the outset, but their leaders too during the past decade have been seeking an escape from the treadmill of perpetual violence, and if Israeli leaders showed comparable good faith, a long term accommodation would seem attainable, beneficial to both peoples, and allowing both sides to feel comfortable with distinct interpretations of what was agreed upon, a zone of ambiguity that lawyers are very good about delineating so that differences are neutralized rather than resolved. More specifically, Hamas would not be made to legitimize Israel in the process of normalizing relations, and accepting the fact of its existence as a country.

 

During the Vietnam War, Lyndon Johnson once referred to Vietnam as a tenth-rate Asian power, making it seem as if a miracle would be required for the Vietnamese to achieve victory. Many military historians are still at a loss in their attempt to offer an understanding of the outcome of the conflict, given the economic and military disparities between the adversaries. The Vietnam War, especially after the illusions of an American victory were destroyed by the Tet Offensive in 1968, became too politically costly in blood and treasure to sustain, although think tank hawks never let go of their insistence that ‘defeat was snatched from the jaws of victory’ or alternatively, the insidious suggestion that ‘the war was lost in American living rooms’ (that is, by TV coverage, especially of dead Americans returning home in body bags and coffins). Such explanations amount to Orientalist denials of Vietnamese agency, implying the impossibility that such backward military technology could prevail when matched against the unlimited quantities of hyper-modern equipment available to United States armed forces.

 

For several years, extreme supporters of Israel have been urging the world to move on by accepting the reality that Israel has won, the Palestinians have lost, and regardless of feeling about the merits of the Palestinian struggle it has become one more lost cause. Daniel Pipes, long a Zionist zealot, has formalized this ‘game over’ diplomacy by using an NGO under his influence, the Middle East Forum to promote ‘a victory caucus’ in both the United States and Israel with the participation of members of the U.S. Congress and Israeli Knesset. There is something discordant about such triumphalist posturing. It doesn’t fit comfortably with the furious efforts of Israeli lobbies around the world to discredit the BDS campaign as ‘the new anti-Semitism’ or with the increasing momentum of the Palestinian global solidarity movement that has increasingly troubled Israeli think tanks, and given rise to heavily financed campaigns to punish anti-Israeli activists throughout the world. Given these realities, it seems to me that the relevant comparison seems South Africa’s about face, and not Vietnam’s victory. Apartheid South Africa also appeared to the world securely entrenched until its shocking moment of self-engineered collapse in the early 1990s at a time when even dreamers did not envision a peaceful transition to a post-apartheid reality.

 

Without counting on dreams and dreaming, we who care about a just future for both peoples need to realize it will depend on work, sacrifice, and above all, struggle. Dreams don’t become the new reality without the dedication of a people brave and creative, and helped by the inspirational effects on friends and supporters. This blessing of empowering and charismatic resilience is the core identity of the Vietnamese and the Palestinian people, their point of most profound convergence.

 

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Jewish Ethnicity, Palestinian Solidarity, Human Identity

23 Jun

 

 

[Prefatory Note: the following interview with Abdo Emara, an Arab journalist was published in Arabic; it is here republished in slightly modified form. The changes made are either stylistic or clarifying. There are no substantive changes from my earlier responses. I think it worthwhile to share this text because the questions asked by Abdo Emara are often directed at me in the discussion period after talks I have given recently.]

 

Jewish Ethnicity, Palestinian Solidarity, Human Identity

 

  1. Many believe that all Jews are completely biased in favor of Israel. Since you are Jewish this raises some questions. Why have you supported the grievances of the Palestinians? And why does not Israel welcome you on its territory since you are a Jew?

It is a rather well kept secret that from the very outset of the Zionist movement there were many Jews, including some who were prominent in their countries who opposed or strongly criticized Zionist ideology, as well as the way Israel was established and subsequently developed. After 1948, and even more so, after 1967, Israeli supporters, strongly encouraged by Zionist leaders and Israeli diplomats, have increasingly claimed that the Israeli government speaks for all Jews regardless of whether or not they reside in Israel. If this claim of universal representation is denied or resisted that person will be identified by Zionists/Israelis either as an anti-Semite or as bad, a self-hating Jew, or some combination of the two. I have increasingly supported the grievances of the Palestinian people from two perspectives, in my capacity as an international law specialist and as a human being opposed to the oppression and suffering of others regardless of whether or not I share the ethnic and religious background of such victims of abuse. I have taken these positions without any feelings of hatred toward Jews or alienation from the Jewish people, or toward any people due to their ethnicity or brand of faith. My understanding of identity is much more bound up with common humanity and action in solidarity with victims of abuse than with worrying about whether or not they happen to be Jewish. I have drawn wisdom and insight from Jewish traditions, especially by heeding Old Testament biblical prophets, but as well from contact with the great texts of Buddhism, Christianity, and Islam. At the same time I am appalled by some passages in the OT that appear to counsel and even celebrate genocidal onslaughts against the ancient enemies of the Jewish people.

 

  1. How is the pretext of anti-Semitism used to silence critical voices in Israel and throughout the Western world? And what are the most influential institutions that try to silence and discredit academic voices that reject Israel’s repressive policies?

With the support of Israeli lobbying groups and ultra Zionist pressure groups and activists, there is a concerted campaign in Europe and North America to defame critics of Israel by calling them ‘anti-Semites.’ Especially since the Nazi genocide, to be called an anti-Semite whether or not there is any responsible basis for such accusations has become one of the most effective ways to discredit and distract. Even when accusations do not silence a critic, as in my case, they have detrimental and hurtful effects. Above all, they shift the conversation from the validity of the message to the credibility of the messenger. In the Israel/Palestine context this takes attention away from the ordeal experience by the Palestinian people on a daily basis. Thus, allegations of anti-Semitism function as both sword (to wound the messenger) and shield (to deflect and inhibit criticism and opposition).

 

  1. How do you interpret the Egyptian policies toward Gaza since the Sisi coup? How can these policies be changed? What is their legal status?

I interpret Egyptian policies toward Gaza since the Sisi coup of 2013 as primarily an expression of renewed collaboration with Israel with respect to Gaza as intensified by the Cairo view that Hamas is inspired by and affiliated with the Muslim Brotherhood, which is enemy number one of the current Egyptian government. I am not familiar with the details of the Egyptian policy toward Gaza, although I know it imposes arbitrary and hurtful restrictions on entry and exit. Egyptian policies toward Gaza seem clearly to involve complicity with Israel’s worst abuses in Gaza, and entail potential criminal responsibility for Egyptian leaders and implementing officials. Israel seems clearly guilty of inflicting collective punishment on the civilian population of Gaza and for aiding and abetting the implementation of the unlawful blockade of Gaza that has been maintained by the state of Israel since 2007 with many cruel consequences for the Palestinians, including those needing to leave Gaza for lifesaving medical treatments.

 

  1. How do you evaluate Hamas’ new policy document?

I believe the Hamas document moves toward the adoption of a political approach to its relations with both Israel and Egypt. By a political approach I mean a willingness to establish long-term interim arrangements for peaceful coexistence with Israel and normalization with Egypt. Hamas expresses this willingness by indicating a readiness to allow the establishment of a Palestinian state on territory occupied by Israel since the end of the 1967 War. Such a shift by Hamas does not acknowledge the legitimacy of Israel as a state nor does it involve a repudiation of the 1988 Hamas Charter, although it does abandon the anti-Semitic rhetoric and seems more disposed to pursue its goals diplomatically and politically rather than by reliance on armed struggle, without giving up in any way rights of resistance, including armed resistance.

 

5- Did it became impossible for Palestinians to obtain their legitimate rights throughout international organizations in the light of the latest UN refusal of UN ESCWA report your good-self drafted?

The reaction to our ESCWA report, “The Practices of Israel Toward the Palestinian People and the Question of Apartheid,” did reveal a lack of independence and objectivity within the UN when placed under severe geopolitical pressure by the United States Government. It seemed clear that when the UN Secretary General ordered ESCWA to remove our report from their website, he was succumbing to pressure exerted by the United States, whose ambassador to the UN denounced the report without giving reasons as soon as it was released, presumably without it ever being read, and demanded its repudiation. Of course, the outcome was mixed. On the positive side, Rima Khalaf, the highly respected head of ESCWA resigned on principle rather than follow the directives of the SG, and the firestorm generated by the release of the report resulted in the text being far more influential and widely read than it might otherwise have been if treated appropriately. On the negative side, was the strong evidence that the UN is often unable to act effectively in support of the Palestinian people and their long struggle for their basic rights. The UN is geopolitically neutralized as a political actor even when Israel acts in flagrant and persisting defiance of international law and its own Charter.

 

6-Talk about the Trump-sponsored Century Deal between Palestinians and Israelis is increasing now … what are your expectations for such a deal? Will include what is said to be a “resettlement” of the Palestinians in Gaza and Sinai ?

 

Nothing positive for the Palestinian people can emerge from the wave of speculation that Trump will soon broker the ultimate peace deal. Israel is content with managing the status quo while gradually increasing its territorial appropriations via settlements, wall, security claims, and various demographic manipulations. Palestine lacks credible leadership capable of representing the Palestinian people. This partly reflects the low credibility and poor record of the Palestinian Authority and partly the deep split between Hamas and Fatah. Palestinian unity and credible leadership is a precondition for the resumption of genuine diplomacy. Geopolitical pressure should not be confused with diplomacy, and will not produce a sustainable peace even if the PA is force fed a one-sided outcome favorable to Israel that is disguised as a solution.

 

7- How does Israel see the current Egyptian regime? and to what extent did it feel comfortable towards Mohamed Morsi?

 

Israel seems quite content with the current government in Egypt, and the policies that Cairo is pursuing at home and in the region. This contrasts with its thinly disguised dislike of and anxiety about the Morsi government, and worries that Morsi’s Egypt would increasingly challenge Israel’s treatment of the Palestinians, especially in Gaza, and possibly alter the balance of force in the region in ways contrary to Israel’s interests.

8- Does Israel hate the existence of a democratic regimes in the Arab region, especially the neighboring countries? And why?

 

Israel opposes the emergence of democracy in the Middle East for several reasons. The most obvious reason is that Arab governments to the extent democratic are more likely to reflect in their policies, the pro-Palestinian sentiments of their citizenry. As well, Arab governments that adhere to democratic values are more likely to act in solidarity with the Palestinian struggle. Also, it is easier for Israel to work out pragmatic arrangements with authoritarian leaders who have little accountability to their own people and have demonstrated a cynical readiness to sacrifice the Palestinians for the sake of their own national strategic interests. This has become most evident in the kind of diplomacy pursued by the Gulf monarchies in recent years, dramatically evident during the three massive attacks on Gaza by Israel during the past decade that have devastated a totally vulnerable civilian population.

  1. Why do the far right think tanks- like Gatestone Institute and Middle East Forum which is known by its absolute support of Israel praise President Abdel Fattah El-Sisi, Why do these centers deeply praise him?

My prior responses make it clear that the Israeli policy community is pleased with Egypt governed by an authoritarian leader who adopts an agenda giving priority to the suppression of political Islam, taking the form in Egypt of the Muslim Brotherhood. Egyptian governance under Sisi is precisely what Israel would like to see emerge throughout the region, and if not, then the second option, is prolonged chaos of the sort that exists in Syria, Iraq, and Yemen. As well, the reinforced sectarianism of Saudi Arabia is consistent with Israel’s view that Iran poses the most dangerous threat, not so much to its security, but to its agenda of regional influence.

 

  1. In your opinion, what is the most Arab country supporting the Palestinian issue?

I would say that none of the Arab countries is genuinely supportive of the Palestinian struggle at the present time. With a note of irony the most supportive countries in the region are non-Arab: Turkey and Iran, and their support is extremely limited. It is a sad commentary on the drift of regional politics that the Palestinians are without governmental support in the Arab world, a reality magnified by the fact that if the publics of these countries were in a position to make policy, the Palestinians would be strongly supported. In this regard, including in the West, Palestinian hopes for the future are increasingly tied to the interaction of their own resistance in combination with a growing solidarity movement in Europe and North America. The UN and traditional diplomacy, as practiced within the Oslo framework for more than 20 years have proved to be dead ends when it comes to protecting Palestinian rights.

 

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Remembering Father Miguel D’Escoto: A Voice for Peace and Palestine

20 Jun

[Prefatory Note: The following article was initially published in The Nation on June 15, 2017. It was written jointly with my friend and longtime collaborator, Phyllis Bennis. As suggested in the text below we both worked with Farther Miguel D’Escoto on several occasions in relation to different international issues involving matters of peace and justice. I was especially appreciative of his strong commitment to the Palestinian national struggle, not an easy position to adopt by a prominent UN official living in New York City. Father Miguel was particularly helpful to me during the early years (2008-09) of my work as Special Rapporteur on Israeli Violations of Human Rights in Occupied Palestine. He was a rare example of a top UN diplomat and official who combined religious dedication with progressive politics and governmental service of the highest order.]

 

 

Remembering a Priest, a Diplomat, and a Voice for Palestine

 

Father Miguel D’Escoto Brockmann was a man who spoke truth to power and expected others to do the same

 

Phyllis Bennis and Richard Falk

UN General Assembly President Miguel D’Escoto Brockmann speaks after being awarded the solidarity medal by Cuba’s government in Havana, September 3, 2009. (AP Photo / Ismael Francisco, Prensa Latina)

 

Father Miguel D’Escoto Brockmann, who died a few days ago, was a Catholic priest and former president of the UN General Assembly. The Nicaraguan diplomat was also a leading voice of conscience on Middle East peace—as well as a cherished friend, loved and admired by both of us, who became an inspirational figure to many around the world.

 

As much as anyone we ever encountered, Father Miguel lived as he preached. He worked and lived among the poor and struggled for years against dictatorship and injustice in his country. We want to pause not only to mourn this personal loss, but also to call attention to his public role both in his native Nicaragua and as a citizen of the world—an identity expressed most powerfully by way of his devotion to the United Nations.

 

 

 

A PRIEST AND A DIPLOMAT

A Maryknoll priest, Father Miguel became an early and impassioned practitioner of liberation theology. He later gained international fame as Nicaragua’s foreign minister in the Sandinista government during the 1980s, a period during which his small country was plagued by the notorious Contra guerrilla insurgency that had been funded, equipped, and trained by the US government.

 

Years later he was elected president of the UN General Assembly—just weeks before Israel’s Operation Cast Lead began in late 2008. He quickly moved to become perhaps the world’s leading spokesperson for Palestinian rights.

Richard first encountered Father Miguel in the mid-1980s, when he was preparing a historic case before the International Court of Justice against the United States for its role in aiding the Contras and otherwise committing acts of aggression, including the mining of Nicaragua’s harbors. He worked closely with Father Miguel in a New York townhouse on how to proceed at The Hague with a legal argument that might produce a level of international accountability for Washington’s flagrant violations of Nicaraguan sovereign rights under international law.

In a stirring decision reached by the World Court in 1986, the main grievances put forward by Nicaragua were upheld, and although the United States boycotted the proceedings, it ended up complying with major findings of the decision. It was not only a moral and political victory, but a vindication of Miguel’s underlying belief that international law, not violence, was the basis of peace and justice in the relations among nations.

 

After retiring from official life in 1991, Father Miguel was only pulled away from his religious ministry on behalf of the poor when he was elected to head the General Assembly—as an individual, not as a representative of his government.

 

Miguel took on that role, traditionally considered a largely ceremonial position leading a too-often marginalized organ of the UN system, and almost immediately emerged as an influential global voice who spoke powerfully in support of Palestinian rights under international law. He courageously opposed Israel’s brutal Cast Lead military operation, defying the always present geopolitical pressures mounted by Washington on behalf of Israel. In his defense of Palestine throughout those weeks of war, and in his later commitment to forcing the UN to take environmental justice seriously, he aimed to transform the General Assembly into a potent force for global justice.

 

He never gave up this dream, collecting his thoughts in a widely distributed booklet bearing the title Reinventing the UN: A Proposal. The subtitle was a transparent summary of the text: “How to make the UN a functional organization capable of dealing effectively with the great XXI century challenges confronting Mother Earth and humanity.”

 

THE STAKES ARE HIGHER NOW THAN EVER. GET THE NATION IN YOUR INBOX.

 

A VOICE FOR GAZA—AND INTERNATIONAL LAW

 

Within hours of the first airstrikes against Gaza, Father Miguel condemned Israel’s actions as “wanton aggression by a very powerful state against a territory that it illegally occupies.” He insisted it was time for the General Assembly “to take firm action if the United Nations does not want to be rightly accused of complicity by omission.”

 

In following days, the UN Security Council—which under the UN Charter is supposed to take primary responsibility for peace and security issues—discussed and debated and consistently failed to respond to the growing Gaza crisis, mostly because the veto-wielding United States was active in blocking action. Then–Secretary of State Condoleezza Rice, in the midst of the slaughter of Gazan civilians, famously remarked, “We don’t need a cease-fire yet.”

 

Some urged Miguel to wait, hoping that the Security Council would eventually act and the General Assembly could meekly fall in line. But such a cynical suggestion outraged the priest. As the airstrikes turned into a full-scale ground invasion, he called Israel’s war “a monstrosity.”

We were both working with Father Miguel during that frantic time. As the days passed without an Assembly initiative, his patience waned, and he asked for help drafting a speech to respond to the urgent moment. Afterward he convened a special session of the entire General Assembly and delivered a stirring address condemning the assault, which had already killed over 1,000 Palestinians—a third of them children. “If this onslaught in Gaza is indeed a war,” he said, “it is a war against a helpless, defenseless, imprisoned population.” The small territory “is ablaze,” he lamented. “It has been turned into a real burning hell.”

As the “unlawful” but internationally recognized explained, Israel owed Gazans protection—along with “food, water, education, freedom of religion, and more.” Instead, “Gaza’s civilians find themselves locked inside a lethal war zone behind a wall surrounding their densely populated territory.” Under assault and hemmed in by an illegal Israeli blockade, “they have no means of escape.”

 

In such circumstances, the priest insisted, “it becomes the responsibility of the international community as a whole, represented here in the United Nations, to provide that protection.” Yet he charged that “some of the most powerful members of the [Security] Council”—like the United States—were bent on “allowing the military action to continue” while the façade of a diplomatic process unfolded. That, not coincidentally, “matched perfectly the unambiguous goal of the occupying power.”

 

To that end, Father Miguel urged an uncompromising General Assembly resolution calling for both an immediate cease-fire and an end to Israel’s blockade. Remarkably, he linked those demands not only to international law, but to the international social movements that had emerged to support the same calls under it:

 

Our obligation is clear. We, the United Nations, must call for an immediate and unconditional ceasefire and immediate unimpeded humanitarian access. We, the United Nations, must stand with the people around the world who are calling, and acting, to bring an end to this death and destruction. We must stand with the brave Israelis who came out to protest this war, and we must stand with those in the frightened city of Sderot who called for “Another Voice” to answer the fear of rocket-fire with reconciliation and not war.

 

We must stand with the hundreds of thousands of people who have stopped the trains, petitioned their governments, poured into the streets around the world, all calling for an end to war. That is our obligation, our responsibility, our duty, as we work, mourning so many deaths, for an immediate ceasefire.

 

Father Miguel will be long remembered and deeply missed by friends and the many lives that he touched forever. He was not only a religious figure, but a truly spiritual presence. So many times we were told at the UN that Father Miguel was not a politician or diplomat, but something far more valuable and rare at the UN, a man of unquestionable integrity and spirituality who fearlessly spoke truth to power and rather innocently expected others to do the same.

 

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Condemning Israeli Settlement Expansion: UN Security Council Resolution 2334 and Secretary Kerry’s Speech

4 Jan

 

           

On December 23, 2016 the UN Security Council by a vote of 14-0 adopted Resolution 2334, notably with the United States abstaining, condemning Israeli settlement expansion. It was treated as big news in the West because the Obama presidency had finally in its last weeks in office refused to use its veto to protect Israel from UN censure. Especially in the United States, the media focused on the meaning of this diplomatic move, wondering aloud whether it was motivated by Obama’s lingering anger over Netanyahu’s effort to torpedo his efforts to reach agreement with Iran in 2014 on its nuclear program or meant to challenge the incoming Trump leadership to deal responsibly with the unresolved Israel/Palestine conflict and also by indirection to mount criticism of Trump’s reckless pledge to move the American embassy to Jerusalem and his apparent readiness to side openly with extremist Israeli leadership while in the White House.

 

           

The likely lasting importance of the resolution is the evidence of a strong international consensus embodied in the 14-0 vote, with only the US abstention preventing unanimity. To bring together China, Russia, France, and the UK on an initiative tabled by Senegal, Malaysia, and Venezuela, is sending Israel and Washington a clear message that despite the adverse developments of recent years in the Middle East the world will not forget the Palestinians, or their struggle. It is also significant that the resolution calls upon the new UN Secretary General to report back to the SC every three months on progress implementing the resolution and explicitly keeps the Council seized of the issue. Such provisions reinforce the impression that the unresolved Israel/Palestine conflict will remain on the UN policy agenda in the months ahead, which by itself is extremely irritating to Israel.

 

            It is quite obvious that 2334 is largely a symbolic initiative, which is a way of saying that nothing on the ground in occupied Palestine is expected to change even with respect to Israeli settlement policy. Israel responded to the resolution even more defiantly than anticipated partly because this challenge to its policies, although symbolic, was treated as more threatening than a mere gesture of disapproval. Israeli anger seemed principally a reaction to the American failure to follow its normal practice of shielding Israel by casting its veto. It may also reflect concerns in Israel about the growing civil society challenge posed by the Boycott, Divestment, and Sanctions Campaign (BDS) that is gaining traction in recent years, particularly in Europe and North America. In effect, 2334 may be the beginning of a new phase of the legitimacy war that the Palestinian people and their supporters have been waging in recent years in opposition to Israeli occupation policies and practices, not only in the West Bank and East Jerusalem, but also in Gaza and to discredit its diplomacy on the world stage. If Trump delivers on his provocative pledge to move the American Embassy to Jerusalem it is likely to intensify offsetting international efforts to induce the UN to exert greater pressure on Israel to address Palestinian grievances in a manner more in accord with international law.

           

The motivation for the US change of tactics at the UN was greatly elaborated upon a few days later by John Kerry, the American Secretary of State. He mainly connected 2334 with a US effort to save the two-state solution from collapse. Kerry insisted that the two-state solution could still be salvaged, although he acknowledged that it was being put in increasing jeopardy by the steady expansion of Israeli settlements, which he acknowledged as signaling Israel’s ambition to impose their own version of a one-state outcome on the Palestinians. Kerry articulated the widely held belief that the formal annexation of occupied Palestinian territories would force Israel to choose to be either ‘Jewish’ or ‘democratic.’ It could not be both if the 5 million or so Palestinians living under occupation were added to the 1.7 Palestinian minority in pre-1967 Israel. At such a point Israel would either have to grant all Palestinians full citizenship rights, and no longer be Jewish, or withhold these rights and cease further pretenses of being democratic. Significantly, Kerry refrained from saying that such a solution would violate basic Palestinian rights or antagonize the UN to such a degree that sanctions would be imposed on Israel. Secretary Kerry relied on the practical advantages for Israel of making peace with Palestine, and refrained from warning Israel of dire international consequences of continuing to violate international law and defy the unified will of the international community.

 

For a variety of reasons, as suggested, 2334 and the Kerry speech were welcome corrective to the relative silence of recent years in response to the failure of the parties to move any closer to a sustainable peace. It was also a belated indication that at least part of the American political establishment was no longer willing to turn a blind eye to Israeli wrongdoing, at least with respect to the settlements. Yet 2334, and especially the Kerry speech, do not depart from fundamentally mistaken presentations of how to move diplomacy forward. There is no mention of the widely held belief in civil society that the train carrying the two state baggage has already left the station, stranding the hapless diplomats on the platform. In fact, both 2334 and Kerry seek to breathe life into an opposite impression that the only feasible peace arrangement must be based on achieving two independent, sovereign states; no consideration is given to the alternative of a secular one state solution with equality for the two peoples based on democracy and human rights.

 

            The second serious misrepresentation of the situation is the assertion of a false symmetry as between the parties rather than a necessary recognition of disparities in capabilities and responsibilities that have doomed the ‘peace process’ from its inception. The Palestinians are living under a harsh occupation regime, in refugee camps spread around the region, or in a worldwide diaspora, while Israelis are living in freedom, prosperity, and relative security. Israel violates international law in numerous systematic ways, while Palestine endures an oppressive occupation that it is unable to challenge. In this spirit, Kerry declares that both sides are responsible for the lack of diplomatic progress, which overlooks the consequences of Israeli settlement expansion, ethnic policies in Jerusalem, and the blockade of and attacks on Gaza. Reasonable expectations about how to move forward should be grounded in the realities of these disparities and how to overcome them. A start would be to acknowledge that Israeli compliance with international humanitarian law, especially the Fourth Geneva Convention, is a precondition for the resumption of any further negotiations.

 

Considered more carefully, it is probably not surprising that 2334 is somewhat more critical of Israel than the Kerry speech, although the speech is not nearly as ‘anti-Israeli’ as the mainstream Western media would have us believe. 2334 condemns not only recent settlement expansion moves but declares in its first operative clause that all of the settlements established by Israel since 1967 in occupied Palestine, including those in East Jerusalem, have “no legal validity and constitutes a flagrant violation under international law.” Kerry deep in his speech, almost as an aside, acknowledges the continued US acceptance of this wider illegality of the settlements, but simultaneously reassures Israel that it is taken for granted that land exchanges would enable Israel to keep its largest settlements if future peace diplomacy ever does lead to the establishment of an independent and sovereign Palestine. In effect, the fact that these largest settlements built on the best land in the West Bank are widely considered flagrantly unlawful from the time they were established is treated as essentially irrelevant by Kerry with respect to working out a deal on peace.

 

Even more telling, 2334 while affirming the international consensus supportive of a two-state solution does not go on to give any indication of what that might mean if transformed into political reality. Kerry outlines the American vision of such a solution with ideas, which if carefully considered, would make the plan unacceptable to Palestinians even if we make the huge, and currently unwarranted assumptions that Israel might in the future become a sincere participant in a peace process, including a willingness of its government to dismantle substantially the settlement archipelago.

 

For instance, Kerry reflects Washington’s view of a two-state solution by presupposing that if any Palestinian state is ever established it would be entirely demilitarized while Israel would retain unlimited options to remain as militarized as it wished. Such one-sidedness on the vital matter of security is affirmed, despite an expectation that in the course of allowing a Palestinian state to come into existence the 2002 Arab Peace Initiative would be fully implemented. Such a development would allow Israel to count on demilitarized regional security cooperation with the entire Arab world, including full normalization of economic and cultural relations. Even if the Palestinian Authority were persuaded to accept this fundamental inequality in the sovereign rights of the two states, it is doubtful that the Palestinian people would accept such a humiliating and compromised status over time. In effect, the Kerry outline of peace expresses a continuing commitment to pro-Israel partisanship and is less a formula for a sustainable peace between these two peoples than it is a presumably unintentional setting of the stage for an indefinite continuation of the conflict under altered conditions.

 

Yet there are two qualifying considerations that should be taken into account. There are reliable reports that Kerry wanted to make his speech of late December two years ago, and was prohibited from doing so by the White House that feared a backlash that would burden its already difficult task of governance. In effect, as with such famous retirement speeches as Eisenhower’s warning about the military-industrial-complex a half century ago the citizenry is warned when it is too late even to attempt to address the problem until a new leadership takes office. In my view, even if Kerry had been allowed to speak when there was still time to act, there would have been little behavioral effect because Israel is now unconditionally committed to the Greater Israel image of a solution, there was insufficient political will in Washington and around the world to push Israel hard enough, and because the image of ‘peace’ was too one-sided in Israel’s favor as to be either negotiable or sustainable.

 

 

Similar partisan features undermine the credibility of other aspects of Kerry’s advocacy of how best to proceed. While recognizing the importance of the refugee issue, Kerry calls for some kind of solution that allows Palestinian refugees to receive monetary compensation and the right to return to the state of Palestine, but not to their homes or village if located in present day Israel. And no where is Israel’s unlimited right of return available to Jews worldwide, however slight their connection with Israel or Judaism might be.

 

Kerry went out of his way in the speech to demonstrate that the US abstention in relation to 2334 was in no way intended to rupture the special relationship between Israel and the United States. In this vein, Kerry pointed to the fact that the Obama administration had been more generous than its predecessors in bestowing military assistance upon Israel and had over its eight years protected Israel on numerous occasions from hostile initiatives undertaken it various UN venues. His point being that Israel’s defiance on settlements made it politically awkward for the United States to be an effective supporter of Israel and created tension between its preferred pro-Israeli posture and the more pragmatic pursuit of national interests throughout the Middle East.

 

Despite this friction between Washington and Tel Aviv, the US was the only member of the Security Council to refrain from supporting the resolution, limiting its departure from Israel’s expectations by refusing to block 2334, although it apparently toned down the criticism through threatening to use its veto if the language used was not ‘balanced.’ Kerry went out of his way to celebrate the recently deceased former Israeli president, Shimon Peres as a heroic peace warrior, which amounted to a not subtle dig at Netanyahu. Kerry quotes approvingly Peres’ self-satisfied assertion that 78% of historic Palestine should be enough for Israel, which Peres was comparing to the excessive demands for even more land by the settler one-staters. Of course, 78% gives Israel much more than the 55% it was awarded in 1947 by UNGA Assembly Resolution 181. At the time, the entire Arab world and Palestinian representatives rejected this UN proposal as unacceptable despite given 45% or more than double the territory of Palestine after Israeli withdrawal from Palestinian land occupied since the 1967 War. Beyond this, Kerry’s inclusion of land swaps as integral to his version of the two-state solution would result in further encroachments on territory left to the Palestinians, a result obscured to some extent by giving Palestine uninhabitable desert acreage as a dubious equivalent for the prime agricultural land on which the unlawful Israeli settlements are built. At best, territorial equality would be achieved quantitatively, but certainly not, qualitatively, which is what counts.

 

At the same time there are some positive aspects to Kerry speech. It did create a stir by its sharp criticism of Israel’s policies on settlements, as well as open doors to debate and broke the silence that was enabling Israel to proceed with its plans for territorial expansion. It is worth noting that James Zogby, long a dedicated advocate of Palestinian rights who has been surprisingly effective in the face of the constraints of the American setting, has expressed his strong appreciation for Kerry’s speech in the following words: “To some, especially Palestinians, this may seem like ‘too little, too late.’ But as someone who has been a part of the effort to create an American debate on Israeli policies, Kerry’s intervention is both welcome, validating, and empowering. He laid down markers that should help liberals and progressives define a policy agenda on the Israel-Palestine conflict—exactly what we need as we enter the challenges of the Trump era.”

 

Overall, the impact of 2334 is likely to be greater than it would have been if Israel had not reacted so petulantly. Even if Trump reverses the American critical approach to further Israeli settlement expansion, the UN has been reawakened to its long lapsed responsibility to find a peaceful solution for the conflict and end the Palestinian ordeal that has gone on for an entire century since Lord Alfred Balfour gave a British colonial green light to the Zionist project in 1917 to establish a Jewish homeland in historic Palestine. As well, civil society activists that have thrown their support to the BDS Campaign and governments critical of Israel’s behavior are likely to feel encouraged and even empowered by this expression of virtual unity among the governments belonging to the most important organ of the UN System. Of course, there have been many resolutions critical of Israel in the past, and nothing has happened. The harsh occupation persists unabated, the dynamics of annexation move steadily forward, and the Palestinian tragedy goes on and on. Despite this inter-governmental step at the UN, it still seems that the Palestinian fate will be primarily determined by people, above all by various forms of Palestinian resistance and secondarily by the extent of global solidarity pressures. Whether resistance and solidarity on behalf of justice is sufficient to neutralize the iron fist of geopolitics and state power remains the essential challenge.

James Zogby, long a dedicated advocate of Palestinian rights who has persevered in the face of the many difficulties present in the American setting, deserves a respectful hearing for his praise for of the Kerry speech. He has expressed his strong appreciation with the following words: “To some, especially Palestinians, this may seem like ‘too little, too late.’ But as someone who has been a part of the effort to create an American debate on Israeli policies, Kerry’s intervention is both welcome, validating, and empowering. He laid down markers that should help liberals and progressives define a policy agenda on the Israel-Palestine conflict—exactly what we need as we enter the challenges of the Trump era.” Let us join Zogby in acknowledging a few drops of water in the glass containing Palestinian hopes, but let us also recognize that even with Kerry break with silence, lots has to happen before we can begin to believe that the glass is half full.

While keeping open a suspicious eye, it is important to acknowledge positive aspects of the Kerry speech: It did create a stir by its sharp criticism of Israel’s policies on settlements, as well as open doors to debate and broke the silence that was enabling Israel to proceed with its plans for territorial expansion. In the period ahead, we may even become nostalgic for the posture, even if mainly hypocritical, of seeking a peaceful, negotiated future for the Palestinian people. Or maybe the stripping away of illusions will highlight the continued dependence of the Palestinians on struggle and solidarity.

 

 

 

 

 

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UNESCO Censures Israel’s Administration of Jerusalem

4 Nov

[Prefatory Note: The post below is a modified version of an opinion piece that was published in Middle East Eye, November 3, 2016.]

 

 

 

 UNESCO, Palestine, and Israel

 

In response to UNESCO resolutions adopted in October that were highly critical of Israel’s protection of sacred and cultural Islamic heritage sites in Jerusalem, there is again a fiery confrontation between Israel and this UN organ whose actions have so often touched the raw nerves of Western political sensibilities. The main UNESCO resolution ‘deeply deplores’ Israel’s failure to stop a series of excavations and related activities in East Jerusalem, which are declared to be harming Islamic sites in Jerusalem, and above all complains about Israel’s interference with worship and serenity at the Al Aqsa mosque. The resolutions also complain about Israel’s general failure to cooperate with UNESCO’s cultural and religious conservation work in Jerusalem, especially in the ‘Old City,’ even to the point of refusing visas to UN officials seeking to carry out their duties.

 

Of course, not far in the background is Israel’s hostility toward UNESCO that has been pronounced ever since 2011 when Palestine was admitted to UNESCO as a member state over the vigorous objections of Israel, the United States, as well as several European countries. Unlike the Security Council, where the US could singlehandedly block full UN membership, there is no veto in either the General Assembly or in UN specialized agencies. Israel has refused all cooperation with UNESCO ever since Palestine gained membership, which presupposes that Palestine qualifies for membership because it has the credential of a state. Obligingly, the U.S. reinforced Israel’s hostility by withholding its annual contributions ever since, which amounts to a hefty 22% of the UNESCO budget.

 

This New Controversy

 

This latest initiative raised substantive issues high on the UNESCO agenda. This contrasts with the earlier status fight about admission to the agency, which was limited in scope to a procedural matter, that is, whether or not Palestine qualifies as a state entitled to membership. Here, Israel insists that UNESCO is aligning itself with a sinister Arab effort to minimize, or even erase, Jewish historic and religious connections with Jerusalem, and specifically with the area around Al Aqsa Mosque and the nearby Noble Sanctuary. The resolution fails to mention explicitly Jewish connections with the Temple Mount and Western Wall, using only Arab names for these places of overlapping religious significance, although in its general language it was acknowledged in the UNESCO text that all three monotheistic religions possessed historical connections with the Old City in Jerusalem that should be respected. It is accurate for Israel to assert that the Temple Mount and Western Wall are the very most sacred of all Jewish holy places, a reality that should have been acknowledged. It was somewhat invidious, and not really relevant, for the Israeli denunciation of the UNESCO action, to point out that Al Aqsa ranked only third in the Islamic canon, behind Mecca and Medina, and thus seemingly had a lesser claim on UNESCO’s protection if competing claims were at issue. Actually, this line of attack is a red herring as there was no UNESCO attempt to denigrate Jewish claims; the resolutions were devoted to pointing out Israel’s failures of responsibility with Islamic sites.

 

Nevertheless, in a typically diversionary spirits, Israel’s top politicians insisted that to approach UNESCO’s role in Jerusalem in such an allegedly partisan manner effect was deeply offensive to Jewish concerns. Netanyahu, never at a loss for invective, put his objection this way: “Saying that Israel doesn’t have a connection to the Temple Mount and the Western Wall is like saying the Chinese don’t have a connection to the Great Wall.” He went on, “Through this absurd decision, UNESCO has lost the little bit of legitimacy that it has.” Let’s be clear. The UNESCO resolutions in no way denied Jewish connections with the holy sites of Jersualem, it just failed to acknowledge them by name. There was no ‘absurd decision’ as the resolutions were above all a fully legitimate, even overdue, call to Israel to start performing its proper role of protecting Islamic sites as Occupying Power in accord with law, and in the interest of cultural preservation. There were strong grounds to believe that Israel was administering Jerusalem in ways that were threatening in various ways to the integrity and enjoyment of Islamic sites. From this perspective it was in no way relevant to mention, much less criticize, Israel’s protection of Jewish sites as they were being fully protected by Israel, likely over-protected and allowed to encroach in unacceptable ways on Islamic sites.

 

Jordan, among the several Arab sponsors, praised UNESCO’s “historic decision” as supportive of the very genuine struggle to preserve the status quo in Jerusalem in the face of Israeli efforts to create as much of a Jewish city as possible, diminishing by stages the Palestinian and Islamic character of the place. In recent years there was particular reasons for concern about Israel’s effort to administer the holy sites in Jerusalem, especially Al Aqsa. Such an evenhanded role conflicted with Israel’s preoccupation with promoting the primacy of Jewish traditions and memories, and deliberately at the expense of Muslim and even Christian concerns.

 

There has been a series of violent encounters at Al Aqsa during several recent religious holidays. This much beloved mosque was increasingly endangered as a serene place of worship by Israeli policies and practices in recent years. Israel has in the past been severely criticized for the failure to fulfill its legal responsibilities with respect to holy sites in Jerusalem as ‘Occupying Power.’ With respect to Al Aqsa Israel was specifically charged with denying access to Muslim worshippers and not taking adequate steps to curb the campaign of settler extremists to assert aggressively Jewish claims in the mosque area leading to violent encounters.

 

Appraising the UNESCO Initiative

 

Overall, it would seem that there are two kinds of understandable reactions to this latest UNESCO initiative. It was entirely appropriate and even necessary for UNESCO members and the organization to complain about Israel’s failures to uphold its several responsibilities with respect to holy and heritage sites throughout Jerusalem. It is one more illustration of Israel’s pattern of defiance when it comes to discharging its obligations as set forth in the Geneva Conventions and other international treaties. In these circumstances, it was appropriate for UNESCO to act, and given developments in Jerusalem in recent years, even with a sense of urgency.

 

At the same time, it was inappropriate and seems irresponsible for the resolution to avoid an explicit acknowledgement of the Jewish connections to Temple Mount and Western Wall. The UNESCO drafters should have anticipated that by referencing only the Arabic names the resolutions would be sufficiently provocative to give Israel a rather plausible pretext for voicing a hostile reaction, and thereby evading the substantive criticism that was the core of the initiative. These wider politics also led a politically acute Irina Bokova, Director General of UNESCO, to join Israel, the United States, and some European states in condemning the resolutions, calling them an irresponsible incitement of violence, swallowing Israel’s bait to place all blame on the provocation and give no attention at all to the genuine substantive issues that lie at the heart of UNESCO’s mission.

 

This unwillingness to mention both the Jewish and Arab names for the holy sites in Jerusalem had the dysfunctional effect of shifting attention away from the legitimate concerns of Palestinians and others in the Islamic world about the overall failure of Israel to uphold its responsibilities in Jerusalem, which included a variety of efforts to Judaize the city by stages. These unacceptable occupation policies verge on ethnic cleansing with a focus on undermining the Palestinian presence in relation to religious and cultural claims, residence rights, building permits, and family reunification. Thus, Israeli failures to carry out the legal responsibilities associated with being an Occupying Power with respect to non-Jewish holy and cultural heritage sites should be understood as an inflammatory implementation of Israel’s unlawful annexation of Jerusalem.

 

It is possible that this question of acknowledgement might not have avoided Israel’s condemnation of UNESCO’s initiative. It seems likely that Israel was enraged by this successful move by Palestine to sidestep Israel’s attempt to oppose any Palestinian effort to gain legitimacy and attention for its statehood claims. In this regard Israel’s most basic objection to the resolution likely involved the adoption of its title “Occupied Palestine,’ giving Palestine the status it is aspiring to establish on its own without any prior agreement by Israel. This by itself infuriates the Netanyahu leadership in Israel, which is evidently seeking to exclude any possibility of Palestinian statehood, and seeks to avoid the legal complications of occupying a foreign state as it proceeds with its own territorial expansion. Finally, it should be appreciated that Palestine has only resorted to this symbolic chessboard of UN legitimation after twenty years of frustration and setbacks resulting from Oslo diplomacy.

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