Tag Archives: Palestinian people

An American Awakening?

5 Oct


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

 

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

 

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

 

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

 

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

 

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

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

29 Sep

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

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

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

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

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

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

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

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

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

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

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

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Obama’s AIPAC Speech: A Further Betrayal of the Palestinian People

24 May


            On Sunday, May 22, 2011, President Barack Obama spoke at an AIPAC Conference, three days after giving his decidedly pro-Israeli speech at the State Department on his broader Middle East foreign policy. It was a shockingly partisan speech to the extremist lobbying group that has the entire U.S. Congress in an unprecedented headlock that has become the envy of even the National Rifle Association. Of course, I assume that Obama’s handlers regarded a speech to AIPAC as obligatory given the upcoming presidential election in 2012. The dependence of political candidates for almost any significant elective office in the United States on Jewish electoral and funding support has become an article of secular political faith, and particularly so for a national office like the presidency. Nevertheless, the enactment of this political ritual by Obama seemed excessive even taking full account of the role of Israeli Lobby as to be worth noting and decrying.

 

            What is worse, the mainstream media typically misconstrued the AIPAC event in a manner that compounds the outrage of the speech itself. For instance, the NY Times headline says it all: “Obama Challenges Israel to Make Hard Choices for Peace.” As Obama pointed out himself in his remarks, “there was nothing particularly original in my proposal; this basic framework for negotiations has long been the basis for discussions among the parties, including previous U.S. administrations.” The supposed hard choices involve Israeli withdrawal to the 1967 borders with agreed land swaps, only restating the generalized international consensus that has often been articulated by American leaders and in a variety of authoritative settings. This is hardly a hard choice, especially as interpreted by the White House’s former Special Envoy, George Mitchell, as including Israel’s perceived security requirements. That is, the land swaps now seem to embrace not only the unlawful settlement blocs that had been conceded by George W. Bush, but now appear to incorporate Netanyahu over the top demands for strategic depth at the expense of Palestinian land, demanding the appropriation of portions of the Jordan Valley along with the deployment of Israeli troops within a hypothetical demilitarized Palestinian state.

 

            What is more, the alleged hard choice is never set against the background of the aftermath of the 1948 War that deprived of about half of the territory they had been given according to the UN partition plan embodied in General Assembly Resolution 181. And as is widely known, the Palestinian rejected that partition as being grossly unfair, imposed from without and awarding the Jewish minority population about 56% of historic Palestine. In effect, the willingness of the Palestinians, expressed first by the 1988 session of the Palestinian National Council to live within the 1967 borders meant agreeing to have their Palestinian state on 22% of the British mandate. This was indeed a hard choice! The land swaps involving settlement blocs, and their bypass roads, and further security zones claimed are all encroachments upon that 22%, and the fact that such further Palestinian concession can be proposed is indicative of just how unfair has become the American led approach to the resolution of the underlying conflict. It is further notable that this fundamental territorial redefinition of the two-state consensus is never acknowledged or even mentioned. In effect, what was thought to be two states in 1947 was dramatically diminished by what became the contours of two states after the 1967 War, and has been further diminished in dramatic form ever since by the settlement process and the various unilateral changes introduced by Israel in the course of administering Jerusalem.    

 

            The speech to AIPAC is significant not for these non-existent ‘hard choices,’ but for the scandalously obsequious pleading tone adopted by an American president that acknowledges with pride everything about the U.S. Government’s relationship to the conflict that should disqualify it from ever again having a shred of diplomatic credibility as a third party intermediary. Starting with the fawning “[w]hat a remarkable, remarkable crowd” to his heartfelt words of sympathy for Israeli victims of violence without even a scintilla of empathy for the far, far greater suffering daily endured by the entire Palestinian people: dispossessed, living under occupation, blockade, in refugee camps and exile, or as persons displaced physically and psychologically.

 

            The passage on military assistance to a prosperous Israel should have come as a shock to American taxpayers but passes without notice by the Western media.  I quote in full because it so shamelessly overlooks Israeli defiance of international law and its militarist outlook toward the future: “..I and my administration have made the security of Israel a priority. It’s why we’ve increased cooperation between our militaries to unprecedented levels. It’s why we’re making our most advanced technologies available to our Israeli allies. It’s why, despite tough fiscal times, we’ve increased foreign military financing to record levels. And that includes additional support—beyond regular military aid—for the Iron Dome anti-rocket system.” It is not surprising that there was loud applause after each sentence in the paragraph just quoted, but it is surprising that an American president would try to please even an AIPAC audience this abject manner. After all, others are listening! Or should be!

 

            Obama similarly brushes aside any concern about the unlawfulness of the Israeli occupation or its uses of force against a defenseless population in Gaza in its massive attacks launched at the end of 2008, and carried on for three weeks. Obama brushes aside the Goldstone Report by name, suggesting that its assessment of Israel’s wrongdoing somehow challenges Israel’s right of self-defense when in actuality the Goldstone legal analysis does just the opposite, and far more ardently and unconditionally than appropriate, in my view. There is not a word about the Flotilla Incident of a year ago or the recent excessive use of lethal force at the Israeli borders in response to the ‘right of return’ demonstrations associated with the Palestinian remembrance of the 2011 Nakba.

 

            Going beyond the negativity of his State Department comments, Obama mimics Netanyahu in condemning the moves toward Palestinian Authority/Hamas reconciliation and unity. He has the temerity to insist that “the recent agreement between Fatah and Hamas poses an enormous obstacle to peace.” Actually, reasonably considered, the agreement should have been welcomed as an indispensable step toward creating the possibility of peace.

 

            Not a word of challenge is uttered by Obama in front of this AIPAC audience about settlements, Jerusalem, and refugees. Not a word about the Palestinian ordeal, or diminished horizons of possibility, and no White House plan announced to give a talk before a Palestinian audience. The Obama talk was so outrageously one-sided, so contrary to American strategic interests, that it implicitly suggests that the Palestinians are so weak and passive as to let it slip by in silence. Only a justifiable outburst of Palestinian rage could begin to counter this impression of diplomatic surrender.

 

            Palestinian prudence would go further that an angry reaction. After such a speech the only responsible response by the Palestinian leadership is to conclude once and for all, however belatedly, that it is no longer possible to look to Washington for guidance in reaching a peaceful, just, and sustainable resolution of the conflict. Indeed, to allow such a Washington framing of peace at this point, in light of this Obama/Netanyahu posturing, would further disclose the incompetence and illegitimacy that have long handicapped the Palestinian struggle for self-determination based on a just and sustainable peace and founded on respect for Palestinian rights under international law. 

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Obama’s Flawed Approach to the Israel/Palestine Conflict

21 May

            There is no world leader that is more skilled at speechmaking than Barack Obama, especially when it comes to inspiring rhetoric that resonates with deep and widely held human aspirations. And his speech on Middle East policy, symbolically delivered to a Washington audience gathered at the State Department, was no exception, and it contained certain welcome reassurances about American intentions in the region.  I would point to his overall endorsement of the Arab Spring as a demonstration that the shaping of political order ultimately is a prerogative of the people. Further that populist outrage if mobilized is capable of liberating an oppressed people from the yoke of brutal and corrupt dictatorships, and amazingly to do so without recourse to violence. Obama also was honest enough to acknowledge that the national strategic interests of the United States sometimes take precedence over this preferential option for democracy and respect for human rights. Finally, his proposed $1 billion in debt relief for Egypt was a concrete expression of support for the completion of its revolutionary process, although the further $1 billion tied to an opening to outside investment and a free trade framework was far more ambiguous, threatening the enfeebled Egyptian economy with the sort of competitive intrusions that have been so devastating for indigenous agriculture and industry throughout the African continent.

 

            But let’s face it, when the soaring language is taken away, we should not be surprised that Obama continues to seek approval, as he has throughout his presidency, from the hawks in the State Department, the militarists in the Pentagon, and capitalist true believers on Wall Street. Such are the fixed parameters of his presidency with respect to foreign policy and explain why there is so much disappointment among his former most ardent followers during his uphill campaign for the presidency, who were once energized and excited by the slogan “change, yes we can!”  Succumbing to Washington ‘realism’ (actually a recipe for imperial implosion), the unacknowledged operational slogan of the Obama presidency has become “change, no we won’t!”

Obama’s Pro-Israeli Partisanship

           With these considerations in mind, it is not at all surprising that Obama’s approach to the Israel/Palestine conflict remains one-sided, deeply flawed, and a barrier rather than a gateway to a just and sustainable peace. The underlying pressures that produce the distortion is the one-sided allegiance to Israel (“Our commitment to Israel’s security is unshakeable. And we will stand against attempt to single it out for criticism in international forums.”). This leads to the totally unwarranted assessment that failure to achieve peace in recent years is equally attributable to Israelis and the Palestinians, thereby equating what is certainly not equivalent. Consider Obama’s words of comparison: “Israeli settlement activity continues, Palestinians have walked away from the talks.” How many times is it necessary to point out that Israeli settlement activity is unlawful, and used to be viewed as such even by the United States Government, and that the Palestinian refusal to negotiate while their promised homeland is being despoiled not only by settlement expansion and settler violence, but by the continued construction of an unlawful barrier wall well beyond the 1967 borders. Obama never finds it appropriate to mention Israel’s reliance on excessive and lethal force, most recently in its response to the Nakba demonstrations along its borders, or its blatant disregard of international law, whether by continuing to blockade the entrapped 1.5 million Palestinians locked inside Gaza or by violently attacking the Freedom Flotilla a year ago on international waters while it was carrying much needed humanitarian aid to the Gazans or the ethnic cleansing of Palestinian neighborhoods in East Jerusalem.

 

            At least in Obama’s Cairo speech of June 2009 there was a strong recognition of Palestinian suffering through dispossession, occupation, and refugee status: “..it is also undeniable that the Palestinian people—Muslims and Christians—have suffered in pursuit of a homeland. For more than sixty years they have endured the pain of dislocation. Many wait in refugee camps in the West  Bank, Gaza, and neighboring lands for a life of peace and security that they have never been able to lead. They endure the daily humiliations—large and small—that come with occupation. So let there be no doubt: the situation for the Palestinian people is intolerable. America will not turn our backs on the legitimate aspiration for dignity, opportunity, and a state of their own.” Of course, this formulation prejudges the most fundamental of Palestinian entitlements by confining any exercise of their right of self-determination as a people to a two-state straight jacket that may no longer be viable or desirable, if it ever was. And throughout the speech in Cairo there was never a sense that the Palestinians have rights under international law that must be taken into account in any legitimate peace process, taking precedence over ‘facts on the ground.’

             But at least in Cairo Obama was clear on the Israeli settlements, or reasonably so: “The United States does not accept the legitimacy of continued Israeli settlements. This construction violates previous agreements and undermines efforts to achieve peace. It is time for the settlements to stop.” Even here Obama is only pleading for a freeze (rather than dismantling what was unlawful). In the new speech settlement activity is blandly referred to as making it difficult to get new negotiations started, but nothing critical is said, despite resumed and intensified settlement construction in the West Bank and East Jerusalem. This unwillingness to confront Israel on such a litmus test of a commitment to a negotiated peace is indicative of Obama’s further retreat from even the pretense of balanced diplomacy as measured against Cairo.

             And there were other demonstrations of pro-Israeli partisanship in the speech. On the somewhat hopeful moves toward Palestinian Authority/Hamas reconciliation as a necessary basis for effective representation of the Palestinian people at the international level, Obama confines his comments to reiterating Israeli complaints about the refusal of Hamas to recognize Israel’s right to exist. What was left unsaid by Obama is that progress toward peace might be made by at last treating Hamas as a political actor, appreciating its efforts to establish ceasefires and suppress rocket attacks from Gaza, acknowledging its repeated acceptance of a Palestinian state within 1967 borders buttressed by a long-term proposal for peaceful co-existence with Israel, and lifting a punitive and unlawful blockade on Gaza that has lasted for almost four years. It is possible that such an approach might fail, but if the terminology of taking risks for peace is to have any meaning it must include an altered orientation toward the participation of Hamas in any future peace process.

 A Disturbing Innovation

             Perhaps, the most serious flaw in the Obama conception of resumed negotiations, is the separation of the territorial issues from the wider agenda of fundamental questions. This unfortunate feature of his approach has been obscured by Israel’s evident anger about the passage in the speech that affirms what was already generally accepted in the international community: “The borders of Israel and Palestine should be based on the 1967 lines with mutually agreed swaps, so that secure and recognized borders are established for both states.” If anything this is a step back from the 1967 canonical and unanimous Security Council Resolution 242 that looked unconditionally toward “withdrawal of Israel armed forces from territory occupied in the recent conflict.”

              Obama’s innovation involves deferring consideration of what he calls “[t]wo wrenching and emotional issues..the future of Jerusalem, and the fate of Palestinian refugees.” Leaving Jerusalem out of the negotiating process is in effect an uncritical acceptance of Israel’s insistence that the city as a whole belongs exclusively to Israel. What is worse, it allows Israel to continue the gradual process of ethnic cleansing in East Jerusalem: settlement expansion, house demolitions, withdrawal of residency permits and deportations, and overall policies designed to discourage a continued Palestinian presence.  It must be understood, I believe, as an unscrupulous American acceptance of Israel’s position on Jerusalem, which is not only a betrayal of legitimate Palestinian expectations of situating their capital in East Jerusalem but also a move that will be received with bitter resentment throughout the Arab world.

            Similarly, the deferral of the refugee issue is quite unforgivable. As of 2010 4.7 million Palestinians are registered with the UN as refugees, either living within refugee camps under conditions of occupation or in precarious circumstances in neighboring countries within camps or as vulnerable members of the host country. This refugee status has persisted for more that 60 years despite the clear assertion of Palestinian refugee rights contained in General Assembly Resolution 194 adopted in 1948 and annually reaffirmed: “The refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date.” This persistence of the Palestinian refugee status six decades later is one of the most notorious denials of human rights that exist in the world today. To remove it from the peace process, as Obama purports to do, is to consign the refugees to an outer darkness of despair, and as such, is a telling disclosure of the bad faith embedded in the most recent Obama rendering of his approach to peace. Those who are dedicated to achieving a just peace for the two peoples—Israelis and Palestinians—are doomed to fail unless the refugees are treated as a core issue that can neither be postponed nor evaded without a grave betrayal of justice.

 Legitimacy Confusions

               And finally, Obama does his best to dash Palestinian hopes about their one effort to move their struggle a step forward, gaining their acceptance as a state by the United Nations in September of this year. In a perverse formulation of this reasonable, even belated, Palestinian effort to enlist international support for their claims of self-determination and statehood, Obama resorts to deflating and condescending language: “..efforts to delegitimize Israel will end in failure. Symbolic actions to isolate Israel at the United Nations in September won’t create an independent state.” This language is perverse because the Palestinian diplomatic initiative is meant to legitimize itself, not delegitimize Israel. And the BDS campaign and other international civil society initiatives carrying on the ‘legitimacy war’ being waged against Israel by way of the Palestinian solidarity movement are not aimed at delegitimizing Israel, but rather seek to overcome the illegitimacy of such Israeli unlawful policies and practices as the Gaza blockade, ethnic cleansing, wall building in defiance of the World Court, settlement expansion and settler violence, excessive violence in the name of security.

               In many respects, Obama’s speech, aside from the soaring rhetoric, might have been crafted in Tel Aviv rather than the White House. It is a tribute to Israel’s extraordinary influence upon the American media that has been able to shift the focus of assessment to the supposed Israeli anger about affirming Palestinian statehood within 1967 borders. It is hardly a secret that the Netanyahu leadership, aside from its shrewd propaganda, is opposed to the establishment of any Palestinian state, whether symbolic or substantive. This much was confirmed by the release of the Palestinian Papers that established rather conclusively that behind closed doors even when the Palestinian Authority made concession after concession in response to Israeli demands, the Israeli negotiating partners seemed totally unresponsive, and appeared disinterested in negotiating a genuine solution to the conflict.

             Underneath the Israeli demand for recognition of it character as a Jewish state is the hidden reality of a Palestinian minority of more than 1.5 million living as second class citizens within Israel. The Obama conception of “a Jewish state and the homeland for the Jewish people, and the state of Palestine as the homeland for the Palestinian people; each state enjoying self-determination, mutual recognition, and peace” seems completely oblivious to the rights of minority peoples and religions. Such ethnic and religious states seem incompatible with the promise of human dignity for all persons living within a political community. Homelands for a people are fine provided they do not encroach on pre-existing rights of others and do not claim exclusivity at the level of society or state. The Jewish claim in Palestine has the force of history behind it, but so Christians and others, and the Balfour certification should not mean much in a post-colonial era. It needs also to be acknowledged that the realization of a Jewish homeland in historic Palestine has long been abusive toward the resident population, and now to consign the Palestinians to a homeland behind the 1967 borders sends a regressive message. It offers Israel a covert way to invalidate the claims of refugees expelled in 1948 from Palestine, as well as overlooks the rights and wellbeing of the Palestinian minority living within Israel at present.

 

American Irrelevance and Palestinian Populism

               In a profound sense, whatever Obama says at this point is just more words, beside the point. He has neither the will nor the capacity to exert any material leverage on Israel that might make it more amenable to respecting Palestinian rights under international law or to strike a genuine compromise based on mutuality of claims. Palestinians should not look to sovereign states, or even the United Nations, and certainly not the United States, in their long and tormented journey to realize a just and sustainable destiny for themselves. Their future will depend on the outcome of their struggle, abetted and supported by people of good will around the world, and increasingly assuming the character of a nonviolent legitimacy war that mobilizes moral and political pressures that assert Palestinian rights from below.  In this regard, it remains politically significant to make use of the UN and friendly governments to gain visibility and legitimacy for their claims of right. It is Palestinian populism not great power diplomacy that offers the best current hope of achieving a sustainable and just peace on behalf of the Palestinian people. Obama’s State Department speech should be understood as merely the latest in a long series of disguised confessions of geopolitical impotence, but of one thing we can be sure, it will not be the last.       

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Observing the 63rd Nakba

15 May

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

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

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

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

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

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

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                                                                                          16 May 2011

 

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

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

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

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

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

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

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

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

ENDS

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

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

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

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

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

 



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Israel’s Violence Against Separation Wall Protests: Along the Road of STATE TERRORISM

7 Jan


One of the flashpoints in Occupied Palestine in recent years has involved non-violent weekly protests against continued Israeli construction of a separation wall extending throughout the whole of the West Bank. A particularly active site for these protests has been the village of Bi’lin near the city of Ramallah, and it is here where the Israeli penchant to use deadly force to disrupt nonviolent demonstrations raises deep legal and moral concerns. These concerns are accentuated when it is realized that way back in 2004 the International Court of Justice (the highest judicial body in the UN System) in a rare near unanimous ruling declared the construction of the wall on occupied Palestinian territory to be unlawful, and reached findings ordering Israel to dismantle the wall and compensate Palestinians for the harm done. Israel has defied this ruling, and so the wall remains, and work continues on segments yet to be completed.


It is against this background that the world should take note of the shocking death of Jawaher Abu Rahma on the first day of 2011 as a result of suffocation resulting from tear gas inhalation while not even being part of the Bi’lin demonstration. Witnesses confirm that she was standing above the actual demonstration as an interested spectator. It was a large year end demonstration that included the participation of 350 Israeli and international activists. There was no excuse for the use of such a harsh method of disrupting a protest against a feature of the occupation that had been pronounced to be unlawful by an authoritative international body. As it happens the brother of Ms. Rahman had been killed a few months earlier by a tear gas canister fired with a high velocity from a close range. And there are many other reports of casualties caused by Israel’s extreme methods of crowd control. International activists have also been injured and harshly detained in the past, including the Irish Nobel Peace Laureate, Mairead Maguire. Together these deaths exhibit a general unacceptable Israeli disposition to use excessive force against Palestinians living under occupation. Just a day later an unarmed young Palestinian, Ahmed Maslamany, peacefully on his way to work was shot to death at a West Bank checkpoint because he failed to follow an instruction given in Hebrew, a language he did not understand.


When this lethal violence is directed against unarmed civilians seeking to uphold fundamental rights to land, routine mobility, and self-determination  it dramatizes just how lawless a state Israel has become and how justifiable and necessary is the growing world campaign of delegitimation centered upon the boycott, disvestment, and sanctions movement (BDS). Each instance of Israeli excessive and criminal violence inflicts suffering on innocent Palestinian civilians, but it also is a form of martyrdom in the nonviolent Legitimacy War that the Palestinians have been waging within Palestine and on the symbolic global battlefields of world public opinion with growing success.

Israel knows very well how to control unruly crowds with a minimum of violence. It has demonstrated this frequently by the way it gently deals, if it deals at all, with a variety of settler demonstrations that pose far greater threats to social peace than do these anti-wall demonstrations. It is impossible to separate this excessive use of force by Israel on the ground against Palestinians from the indiscriminate use of force against civilians in Israel’s larger occupation policy, as illustrated by the cruel punitive blockade that has been imposed on the people of Gaza for more than three years and by the criminal manner in which carried out attacks for three weeks on the defenseless population in Gaza exactly two years ago. Is it not time for the international community to step in and offer this long vulnerable Palestinian population protection against Israeli violence?

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Underneath Israel’s reliance on excessive force as a matter of strategic doctrine are thinly disguised racist ideas: Israeli lives are worth many times the value of Palestinian lives and Palestinians, like all Arabs, only understand the language of force (an essentially genocidal idea launched influentially years ago in a notorious book The Arab Mind by Raphael Patai published in 1973. It is also part of a punitive approach to the occupation, especially in Gaza, where WikiLeaks cables confirm what was long suspected: “As part of their overall embargo plan against Gaza, Israeli officials have confirmed to [U.S, Embassy economic officers] on multiple occasions that they intend to keep the Gaza economy on the brink of collapse without quite pushing it over the edge.” (cable reported on Jan. 5, 2011, Norwegian daily) Then Prime Minister Ehud Olmert in a speech delivered in January 2008 said of the blockade: “We will not harm the supply of food for children, medecine for those who need it and fuel to save lives..But there is no justification for demanding we allow residents of Gaza to live normal live while shells and rockets are fired from their streets and courtyards (at southern Israel).”

This is a clear confession of collective punishment of a civilian population by Israel’s political leader at the time, violating the unconditional prohibition of Article 33 of the Fourth Geneva Convention. Such gross criminality should subject Israeli political leaders to international mechanisms designed to impose accountability on individuals responsible for the commission of crimes against humanity. It also makes it evident that the blockade is punitive, not responsive to cross-border violence that incidentally at all times was far more destructive of Palestinian lives and property than that of Israelis. Beyond this, the Hamas leadership in Gaza had since its election repeatedly attempted to establish a ceasefire along its border, which when agreed upon with the help of Egypt reduced casualties on both sides to almost zero after being establishment in mid-2008. This ceasefire was provocatively disrupted by Israel on November 5, 2008 to set the stage for launching of the massive attacks on Gaza, lasting for three weeks after being initiated on December 27th of 2008.

In that war, if such a one-sided conflict should be so described, the criminality of the tactics relied upon by the Israeli Defense Forces has been abundantly documented by The Goldstone Report, by a comprehensive fact-finding mission headed by John Dugard under the auspices of the Arab League, and by detailed reports issued by Amnesty International and Human Rights Watch. There is no reasonable basis for any longer doubting the substance of the allegations of criminality associated with those three weeks of all out attacks on the people and civilian infrastructure, including UN schools and buildings.

The Goldstone Report correctly noted that the overall impression left by the attacks was an extension of the Dahiya Doctrine attributed to an Israeli general during the Lebanon War 2006 in which the Israeli destruction from the air of a district in South Beirut was a deliberately excessive response, at the expense of civilian society, because of being an alleged Hezbollah stronghold, and in response to a border incident in which ten Israeli soldiers lost their lives in an encounter with Hezbollah combatants. The 2009 Goldstone report quoted IDF Northern Command Chief Gadi Eisenkot, who said, “What happened in the Dahiya quarter of Beirut in 2006 will happen in every village from which Israel is fired on. We will apply disproportionate force on it and cause great damage and destruction there. From our standpoint, these are not civilian villages, they are military bases. […] This is not a recommendation. This is a plan. And it has been approved.” In effect, the civilian infrastructure of adversaries such as Hamas or Hezbollah are treated as permissible military targets, which is not only an overt violation of the most elementary norms of the law of war and of universal morality, but an avowal of a doctrine of violence that needs to be called by its proper name: STATE TERRORISM.

We have reached a stage where the oppressiveness of the Israeli occupation, extending now for more than 43 years and maintained in multiple daily violations of international humanitarian law.  In its essence and by design the Israeli occupation of the West Bank, East Jerusalem, and the Gaza Strip should be understood and condemned as STATE TERRORISM as exhibited both in structure and practice.

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