Tag Archives: Politics

‘From Ground Zero: Stories from Gaza’: An Appreciation of the Palestinian People

22 Jan

[Prefatory Note: Reflections on the experience of seeing an unusual film in conception, initially published on January 20, 2025 in CounterPunch, and movingly transparent as a cinema experience.]

This extraordinary film, on the 2024 Oscar shortlist for documentaries, consists of 22 episodes stitched together by the noted Palestinian film director, Rashid Masharawi, but without any apparent effort to curate a narrative experience of the Gaza ordeal now in its 15th month. The power of the film taken as a whole derives from the cumulative impact of the utterly helpless and vulnerable Gaza civilian population seeking to survive despite overwhelming challenges to safety and pervasive loss of loved ones, home, neighborhood, schools, and sacred/historical sites in the overcrowded tiny Gaza Strip [25 miles long, 3.7-7.5 miles wide, population estimate of 2.3 million]. The various episodes both express the distinctiveness of Palestinian lived culture, its rich historical heritage, and the universality of a devastating saga of prolonged victimization.

I read through a series of admiring reviews that stressed these features of Palestinian resilience and creativity in the face of this cruel, undeserved collective fate. None of the episodes delves into the history of Palestinian suffering brought on by the Zionist Project for over a century. Nor is there any explicit linkage of the Gaza ordeal to the pathological geopolitics of the US-led supposed bastions of liberal democracy with its constitutional façade of fidelity to the rule of law and the international protection of human rights. From a cinematic perspective this purifies the message of bravery in the face of suffering, the existential variations of such an experience that has the potential to inspire remarkable acts of memorialization and transcendent behavior, as by making artworks from shards of glass or chunks of rubble.

These silences inevitably raise such questions as ‘Was this foreclosure of response a pragmatic adjustment to market realities, well-grounded fears of ideological suppression if the film had dared to examine even glancingly the underlying political impetus, the genocide of the perpetrators, the context of the October 7 attack, and the systemic disregard of law and morality by leading political actors? As it is, the film is being shown widely in American theaters, received accolades from reviewers, and much deserved attention from film festivals, even honored by nominations for coveted cinema awards. It seems fair to conjecture that this desirable outcome would not have happened had the Palestinians expressed anger directed at the sources of their misery. What we may never know was whether this set of foreclosure were set forth and monitored by the curator to make the film suitable for Western audiences in North America and Europe or whether this represented his aesthetic judgment to keep a steady universalizing focus on a dire humanitarian tragedy, somewhat mitigated by the courage and inner spirit of its victims. In sum, to consider effects of genocide rather than crime and its perpetrators.

At least in my review of mainstream film critics there was no commentary on this question of boundaries, whether consciously or not imposed on these 22 Gaza filmmakers. I left the theater struck by the failure of any of the characters to mention the words ‘genocide,’ ‘Israel,’ ‘Zionism,’ ‘United States,’ ‘United Nations,’ ‘international law,’ and ‘International Court of Justice.’ It should be mentioned that there was also no mention of ‘Hamas,’ ‘terrorism,’ and ‘hostages.’  This raises the question as to whether the absence of such references represented an effort by to adopt a posture of apolitical neutrality either for aesthetic or pragmatic reasons. We may never know, and would the motives of the curator be important beyond its human interest relevance? At the same time, I find it unacceptable to hide the evil of genocide behind a ‘two sides’ political smokescreen that equates the crimes of the oppressor with the criminal excesses of resistance on the part of the oppressed. The film completely avoids even a hint of some kind of implied parity of responsibility for the suffering inflicted on the people of Gaza.

From Ground Zero also steers clear of evoking our pity in frontal ways by showing hospital scenes of amputation or severe injury, which of course abound in Gaza alongside the daily death toll. From my own previous visits to Gaza where I was exposed to such visible torments, I know the power exerted by direct contact with such victims. I shall never forget the imprint left after many years of seeing a distraught father carrying his bleeding and badly wounded young son in his arms while shouting angrily in Arabic. I didn’t understand the words, but the sentiments he was expressing were transparent, and needed no translation. This conscious or unconscious decision to exclude such material from the film may have lessened its immediate impact, but it deepened the longer term understanding of the underlying humanitarian ordeal being endured by the Palestinian people.

The closest the film comes to making political allusions is put in the mouth of an engaging puppet who voices a damning indictment in one of the latter episodes, “everything is gone and the world just watches.’  There are also brief isolated references to the Nakba and the coerced expulsions from their homeland that at least 700,000 Palestinians experienced in 1948, and have ever since lived as refugees being unlawfully denied by Israel any right to return. These references express the deep roots of Palestinian suffering, but without pointing an accusing finger, and will likely be noticed at all except by those non-Palestinian viewers that have followed Palestinian misery through the decades. While for Palestinians those allusions to the past likely serve as grim reminders of familiar realities.

On balance I applaud the rendering of the Palestinian experience in this authenticating and original manner. It is itself a triumph of the Palestinian imagination over the daily torments that have become a reality of their lives 24/7.

It is not only the unbearable losses of family and home, but the menacing nightly sound of nearby explosions and the constant noise of drones overhead. The episodes are uniform in exposing the total vulnerability of the Palestinians and the disregard of the limits set by international law and morality made far worse by deliberately imposing a desperate struggle for subsistence arising from the obstructing the delivery of humanitarian aid causing death and disease throughout the wretched tent cities in which Gazans have been forced to live since the destruction of their homes. The daily life of searching for food and drinkable water are only available, if at all, at sub-

subsistence levels.

Of course, I hope that From Ground Zero receives an Oscar at the Academy Awards night coming soon.

Top of Form

Bottom of Form

A Remembrance of Jimmy Carter

3 Jan

[Prefatory Note: A recollection of my only meeting with the former president at the Carter Center, a minor event, although in the context of repeated mistakes by the ‘political realists’ who continue to shape American foreign policy, perhaps of some interest. The pessimistic note is that the economic hardships imposed on the Iranian people since the fall of the Shah may have been inevitable so long as imperial geopolitics and predatory capitalism dominate the Washington mindscape, and currently to threaten dangerous regional warfare in the Middle East.]

In 1981 or 1982 I was invited to a small human rights meeting at the Carter Centerin Atlanta. It was in the aftermath of the Iran hostage crisis that is blamed for Carter’s loss, Reagan’s win in 1980. The Carters somehow knew that I had previously supported their daughter, Amy, who was an activist against the Vietnam War. It is solong ago I cannot remember the exact context, whether it was a matter of political support or somehow connected with a legal proceeding associated with civil disobedience. Whatever the past, Rosalynn Carter apparently to show their appreciation seated me next to President Carter at a formal conference dinner despite their being more distinguished guests present.

I sheepishly did what I was told and took the opportunity to talk with the ex-president about the situation in Iran. I had been in Iran accompanying Ramsey Clark, the former American Attorney General who had become a leading progressive voice after leaving government and someone sympathetic with the Iran movement against the Shah. While in Iran in early 1979 in a period dramatized by the Shah’s departure from the country, we were frequently asked about Carter’s New Year’s toast to the Shah in 1977: “An island of stability” surrounded by “the admiration and love which your people give to you.” Ensuing events proved how wrong were these sentiments, but that is a longer different story of mass disenchantment that has been frequently told.

During our visit to Iran, we had met with numerous prominent Iranian officials, Islamic leaders, and ordinary citizens. We also met with the American ambassador in Tehran, William Sullivan, who was a hawkish diplomat during the Vietnam Era. Reacting to the anti-Shah movement, Sullivan was clear about the fact that the Shah’s 1979 abdication a few days before our meeting with Sullivan who felt that the Shah’s departure was  an inevitable development given the play of forces in Iran by that time, including the army’s abandonment of the Shah’s government by then. Sullivan hoped that the US Government would accept the outcome, and normalize relations with the new leadership, but reported being blocked by hardline National Security Advisor, Zbigniew Brzezinski, who was following the pro-Shah diehard diplomacy rather than accommodating approach recommended by the Secretary of State, Cyrus Vance, a conservative realist, a somewhat aristocratic acquaintance of mine, yet seemingly free from the compulsions of the geopolitically oriented deep state that guided US foreign policy from its undercover sites during the Cold War, and beyond. We should be aware that the Shah was perceived as a major strategic asset in the Middle East, what Henry Kissinger described “as the rarest of things, and unconditional ally.’

During the hostage crisis that started on November 4, 1979 I had been asked to accompany Andrew Young to negotiate the release of the hostages after Ayatollah Khomeini had let it be known that he would welcome an Afro-American negotiator to arrange a diplomatic solutions. The trip was vetoed by Brzezinski. I recall the somewhat bitter, but likely discerning, comment by the head of the State Department’s Iran Desk at the time: “Brzezinski would rather see all the hostage dead than have Andrew Young get credit for their release.” This senior civil servant favored the Young mission, and Young was willing to go, but only if he received a green light from the White House, which never came, we never went, and the rest is history still in the making.

After some pleasantries at the dinner about the Carter Center and the conference, I gathered my courage and asked Carter why he followed Brzezinski policy advice rather than Vance’s counsel, and he gave a short, yet talked further but it was evident that Carter had no deeper reasons to cling to a lost cause, unsatisfactory answer: “Because he was loyal to me.” Nothing more, nothing less. I reflected at the time that Carter would probably have been hosting a state dinner at the White House and being hailed as a peace minded statesman rather than having this tense chat about the low point of his presidency with a brash stranger at his Center.  

The Road Not Taken

We do not know what would have ensued in Iran or the Middle East had the Vance view prevailed, and the US fully respected the exercise of the right of self-determination by the Iranian people. The political sequel to the overthrow of the Pahlavi monarchy was not clearly prescribed in advance. It might have led to a more democratic version of the Islamic Republic had it not been immediately threatened by internal enemies linked to foreign states in the region. With bad memories of the 1953 anti-Mossadegh coup, facilitated by the CIA, it is hardly surprising that Iran theocratic hard liners took command of the government, especially given the internal and regional challenges mounted against Iranian developments of 1978-79.’ What might have been’ could serve, even belatedly, as a signpost to ‘what should have been’ and more hopefully,  ‘to what will be in the future.’ More soberly, imperial geopolitics and neoliberal capitalism have displayed a willingness to potentially radical enactments of the right of self-determination, and as Kurt Vonnugut vainly tried to teach us, “and so it goes.”    

Biljana Vankovska and “The Velvet Grip of Western Censorship: The Death of the Global  Changes Center in Macedonia”

18 Dec

[Prefatory Note: My friend and solidarity colleague, Biljana Vankovska, has been dismissed  as director of the Center of the Global Changes Center where she is a full Professor at Ss. Cyril and Methodius University in Skopje, Macedonia, in a chilling encroachment on academic freedom. The Center was conceived and brought to life by Biljana a year-and-a-half ago and had already built a reputation for academic excellence mainly on the basis of a stimulating conference devoted to “the emerging cooperative multipolar system” and due to her ability to attract world class scholars to join the Center’s Board and take part in this inaugural event. As the eloquent explanatory essay below indicates, this action by an educational administrator in her university was based on trumped-up charges. Biljana’s explanation that this punitive action in response to a development that undoubted enhanced the academic reputation of this Macedonian rings true—namely, that the government and economic elites in Macedonia were gaining profits and prestige by being a water carrier for NATO and the EU, and her Center did explore a less West-centric model for a more peaceful and equitable world that looked with favor on China and did not despair of a constructive future for Russia. Whether right or wrong, such issues urgently need the considerations of more inclusive and imaginative approaches to global security and war prevention than are emanating from Western capitals.

On the basis of close friendship and intellectual collaboration I regard Biljana Vankovska as a woman of honor, a dedicated scholar, and a voice of global conscience that deserves our trust and support.]

The Velvet Grip of Western Censorship: The Death of the Global  Changes Center in Macedonia

                                                  Biljana Vankovska

What initially appeared to be a subtle and gradual militarization of academic spaces in Macedonia has now become glaringly evident. The 1.5-year-old Center for Global Changes, established at the Faculty of Philosophy, is seemingly on its deathbed. Was it unsuccessful? Passive? Ineffective? Quite the opposite. Just two months after hosting an extraordinary international conference on the emerging cooperative multipolar system in Skopje, Macedonia’s capital, I have been dismissed as the head of the Center and now face accusations of alleged procedural violations—whatever that might mean. Paradoxically, the decision to remove me was made first, while its justification and final “verdict” are being crafted afterward to legitimize the absurdity.

My position as head of the Center was entirely unpaid, voluntary, and, to be honest, a demanding responsibility for a full professor. One might dismiss this as no great loss—personally, that might hold true. But in a broader context, this situation is emblematic of how a velvet glove can swiftly turn into an iron fist for those who dare to step outside the mainstream and challenge official narratives.

Almost two years ago, as a group of enthusiasts, we believed it was both possible and necessary to open new academic horizons beyond the increasingly restrictive geopolitical narratives that frame NATO and the EU as the ultimate and unquestionable goals for any initiative. The imposition of invisible barriers to global cooperation and the creeping censorship in public discourse and academia have been difficult to accept—especially for my generation, which once enjoyed freedom of thought and internationalism in former Yugoslavia. The same sentiment resonates with progressive younger generations who have grown up amidst the barren landscape of a neoliberal transition.

In the name of so-called Westernization—and under the banner of “our main strategic goals,” as the prevailing narrative puts it—academia in Macedonia has donned an invisible military uniform, embracing a militarized mindset. This shift has proven to be a highly profitable endeavor, securing project grants and facilitating rapid academic promotions. Within the paradigm of the military-industrial-media-academia complex, Macedonia may lack significant contributions to the first two dimensions, but its media and academic sectors tell a different story.

Financially dependent media outlets have aligned themselves with Western donors, willingly assuming the role of “watchdogs” against any perceived “undesirable influence” from countries in the Global South. The rise of “fact-checkers” merely represents a rebranding of censorship mechanisms reminiscent of earlier times. Meanwhile, academia has increasingly focused on militarizing the minds of young people—not to prepare them as soldiers, but as loyal promoters of Western narratives.

At the same time, peace studies—once established with the generous intellectual contributions of Nordic peace researchers such as Johan Galtung, Håkan Wiberg, and Jan Øberg—have gradually been marginalized, deemed “unpopular” in the current academic climate. In a broader context, the proliferation of NGOs and think tanks dedicated to identifying “fake news, disinformation, and malign foreign influence” reflects this shift. Unsurprisingly, these projects overwhelmingly point to Russia and China as the culprits, perpetuating a narrow and ideologically driven agenda.

In retrospect, the decision to establish the Global Changes Center and bring together scholars from across the globe was not only courageous and ambitious but, as perceived by Western power centers, profoundly subversive. The International Board included a distinguished group of thinkers—among them Richard Falk, Zhang Weiwei, Jeffrey Sachs, Mohammad Marandi, Jan Øberg, Alejandro Bendaña, Radhika Desai, Richard Sakwa, and many others.

The conference agenda was equally impressive, featuring scholars from Canada to South Africa, Russia, China, Iran, Germany, and beyond—many of whom participated either in person or virtually. The Thinkers Forum shared a selection of these presentations on its YouTube channel, while the Global Changes Center posted the entire proceedings, offering open access to our discussions, visions, and goals.

Far from being a routine academic event filled with superficial rhetoric, this was a groundbreaking forum. As Prof. Richard Sakwa remarked, “It was one of the most stimulating and intellectually exciting events I had been to for a long time.” Prof. Zhang Weiwei’s reaction was even more poignant: “Very shocked to hear this, but on the other hand, it’s a testimony to what you’ve done right and to your contribution to the cause of peace and multi-polarity, which are deeply appreciated by all of us. Please count on our support in your continuous intellectual and political endeavor for a better and more peaceful and humane world.”

These endorsements speak to the profound impact and unique value of the Center and its work, highlighting why it has become a target of attempts to suppress alternative narratives and visions of global cooperation.

While I struggle to make sense of the absurdity of being punished for organizing a successful international event in a small and largely overlooked country, the deafening silence from my colleagues at the university speaks volumes. Their fear is palpable, and their silence tells a story of its own. Perhaps my “fault” lies in breaking unwritten rules by fostering unconventional academic connections over the past few months—connections deemed “unpopular” by the prevailing narrative.

My travels to China, twice, and Russia, once, may have been enough to raise eyebrows, but attending and speaking at the Valdai Club likely tipped the scales. It seems the proverbial call for a witch hunt has been issued by Western mentors who seek to enforce rigid boundaries of acceptable academic discourse.

This is not to suggest that I, personally, am of such great significance. Rather, with my background, I make a convenient target—a cautionary tale to deter others from even considering stepping outside the prescribed lines. The message is clear: dissent, or even curiosity about alternative perspectives, will not be tolerated.

In my public response, I send a clear message: you may succeed in shutting down the Center, but the momentum of global changes is unstoppable. The multipolarity conference, a testament to the power of collective will, was made possible through crowdfunding—small yet meaningful contributions from ordinary citizens who instinctively recognize the reality of the West’s decline. These citizens, burdened by the consequences of this decline in their daily lives, yearn for someone to be a voice for the voiceless.

The Political West, in its hubris, is accelerating its own implosion. What we are witnessing now is far worse than the tensions of Cold War I. While I await my final verdict—not just regarding my dismissal but the potential fate of the Center itself—my message to those orchestrating this campaign is resolute. To paraphrase Rosa Luxemburg: I was, I am, I shall be.

Freedom is always the freedom of the dissenter, and I will not be silenced. My commitment to international solidarity with all those oppressed and massacred remains unwavering. At the same time, I will continue working to lay the foundations for a new, more just, and humane world built on the ideals of true human brotherhood. Whether within small or broader networks, it is crucial not to be paralyzed or deterred. The future of humanity is worth any personal effort or sacrifice.

EDUCATING FOR ADAPTIVE CHANGE BENEATH A DARKENING SKY

9 Dec

[Prefatory Note: This is a revised text of my presentation at the 4th Istanbul Education Summit made on December 7, 2024, held under the auspices of the Maarif Foundation in Turkey that is responsible for a network of schools and universities present in 134 countries. About 11k were registered online for the conference. I found it difficult to address in what was listed in the program as the ‘keynote’ to such an unseen, large, disparate audience. The conference theme was ‘Education for a Fair and Equitable Society: For a Sustainable Future.’

As a result, my remarks were overly rooted in my experience in Western, especially US, higher education and exhibited broader interests in lending support to efforts to ground foreign policy on respect for international law, itself flawed, and the imperatives of peace, equity, justice, and non-theocratic spirituality. Despite my faltering efforts, educational reform should be near the top of the policy agenda of those seeking a brighter future for humanity, which can only come into being by trusting the imagination to overcome the disasters attributable to reason-based instrumental knowledge that lacks compassion for suffering, including of non-human species.]

EDUCATING FOR ADAPTIVE CHANGE BENEATH DARKENING SKIES

I thank the Maarif Foundation for inviting me to speak at the 4th Istanbul Education Summit and for orienting our sense of vocation as educators toward a future that will test the capacities of every national society to address the distinctive blend of social, economic, cultural and ecological threats that currently cast dark shadows over the human future. I will do my best to adopt a hopeful standpoint, although my rational self believes the conference theme is probably articulating a mission impossible. Such rationality accepts guidance from the evidence of world conditions combined limits on the autonomy of many educators, faculty and administrators, and even students to heed their ‘better angels.’  

My more inspirational guidance is borrowed from Nelson Mandela, whose life embodied ‘the politics of impossibility’ emerging from prison after 27 years to lead South Africa to a peaceful post-apartheid future. In Nelson Mandela’s judgment: “Education is the most powerful weapon which you can use to change the world.” This uplifting affirmation of the importance of education by Mandela leaves open the haunting question of how this may be done in the highly diverse academic institutions responsible for education throughout the world. It also leaves open the question of ‘change for what?’ While acknowledging obstacles, my answer to such questions is the same as those who set the 2024 Summit theme in relation to societal equity and developmental sustainability.

In facing the darkness of the time, highlighted by the inability of the international system of norms present in the UN Charter and the refusal of leading political actors to take steps to stop Israel’s genocide in Gaza, and even worse these UN members facilitated the continuation of the Genocide carried on with undiminished fury by Israel these past 14 months. It would be easy to succumb to despair given such a horrifying reality. We must struggle against all temptations and pressures to surrender to these evil forces. My hopeful sensibility continues to believe that if we can find the techniques and deploy the wisdom to manage prudently and empathetically this time of global transition a bright future could surprise us. We need to act as if the mobilized humanistic energies of civil society and the peoples of the world retain an ability to bestow on coming generations a world far more peaceful, just, and resilient than what currently exists. This is a challenge of global scope. It presupposes robust responses to mounting threats to the sustainability of the natural habitat. This condition of ecological jeopardy is new. It a worrisome set of circumstances that have never in world history menaced the whole of humanity. A scenario of hope calls for new thinking, new values, and adaptive visions of how to live together in ecologically durable and ethically fulfilling ways. It place trust in the moral imagination of the populace, and doubts the competence or good will of self-interested economic and political elites that run the world we all live in.

For us today, however situated we are on the planet, this current crisis agenda raises crucial questions about the nature of desired effects on the educational experience of youth. The practical concern is whether it is feasible to adapt teaching/learning approaches in various concrete circumstances  that give priority to overcoming the injustices and environmental crimes that now obscure horizons of hope.

For education to play this emancipatory role, existing framework of learning, researching, and envisioning is itself in need of radical repair. The objective is to make the range of educational experiences more responsive to the values of an equitable society and the adjustments that need to be made to ensure the pervasive inclusion of sustainability dimensions in all pedagogical settings.

The deepest educational responsibility and opportunity is to prepare students of ages to live in a world facing drastic change and profound challenges to traditional ways of knowing, believing, and acting. This goes against the current of mainstream proposals for educational reform, which devote their attention to techniques helpful for the efficient manipulation of material reality for the sake of profits, growth, and contentment. Such an emphasis suggests that the highest educational priority should clearly be to teach skills and understandings appropriate to the digital age, and making digital literacy the test of whether educational institutions can pass the test of imparting digital literacy. While practically responsive to changes brought about by technological innovations, this emphasis evades the more fundamental challenges that might help society withstand the gathering storm.

In my opinion, what is most needed are types of learning that equip students when they finish their education to be positive contributors to a better future by way of their social engagements relating to the future. This means no longer being content to be passive spectators in a world they have been led to believe is beyond their capacity or disposition to alter. For education to be relevant functionally and normatively, there is a need for receptivity to innovative pedagogies that might be developed and applied so that citizens of the future could more become committed to a lifetime of support for adaptive change.

The Global Context. All forms of traditional education that I am familiar with, starting with high school, concentrates its energies on the mastery of distinct subject matters. I mean by these separated silos of knowledge such as math, various sciences, economics, history, and literature. Such an education seeks to prepare students through in depth teaching of various strands of knowledge and skill sets useful for later employment or for a more appreciative humanistic sense of culture, generally emphasizing national or civilizational perspectives. Most teaching takes the natural setting of human activity for granted, there to be exploited for the benefit of various national societies and aggressive commercial entrepreneurs. Such an approach served the modern world quite well until recently. It encouraged a sense of reality and knowledge as fragmented and specialized, the educational goal being gaining command of a knowledge silo, that is, with a distinct part with little relevance accorded to the whole. This orientation tended to be insensitive to the stark reality that societies could no longer safely assume the sustainability of their natural habitat that has allowed individual and collective life to flourish for several centuries without taking notice of externalities such as remote environmental harms. Fragmentation of knowledge also mirrored the global reality as divided into parts, predominantly sovereign states with little sense of responsibility for the stability of other states, and even less for the sustainability of the whole.

Our cultural learning experiences beyond the domains of technical knowledge, by and large nurtures love of country, its history, culture, language along with the distinct ethnicities that give national identities to the sovereign states that we live in. I think these ways of breaking up reality, whether political, societal, or educational are practical accommodations to our experience of living, doing, and being, reflecting the enclosures that shape and condition our lives, especially since the rise of science-oriented approaches to useful knowledge. These enclosures are part of who we are, and should not be rejected, but rather enlarged, merged, and adapted. This expresses the growing need to supplement traditional ideas about the role of higher education as imparting knowledge mostly as specialized and fragmented units. This would adapt the world we are accustomed to inhabit to this broader, growing awareness of wholeness, interactivity and interdependence, as well as otherness. To a much greater extent than in earlier periods of history, what is done in one place impacts elsewhere.

This sense of a global context for human activity underlies recommended partial reorientations of education for the future of the sort envisioned by the Summit theme. It is what I believe will produce more fulfilled lives for present and future generations of students. Hopefully it will also give rise to a social and ethical consciousness in greater harmony with emergent realities and challenges. However much this adaptive approach to education seems persuasive it will if pursued face formidable obstacles, including from special interests that benefit from the existing order and from entrenched beliefs resistant to change. Economic elites often resist equitable and ecological adaptations, whether due to their perceived short-run negative effects on profitability or economic growth as when energy giants oppose environmental protections or regulations of carbon emissions. This opposition is reinforced by the tendency of dominant political classes to oppose changes that displace national security by appeals to human security that is widely regarded as subversive of military spending and societal safety in relation to foreign threats. Nationalist and fundamentalists, whether secular or religious, tend to be protective of beliefs that privilege the part over the whole within as well as without their enclosures. And thus, if we take this Summit theme seriously as generating normative guidelines for educational adaptation it will confront stiff opposition and resistance. Nevertheless, reality has its way of forcing itself upon social consciousness sooner or later, and education helps explain why.

Oddly, perhaps the best way of learning to face a challenging future is to consider the past. From diverse pre-modern ways of being in the world we can learn the importance of living-with-nature, communal identity, and more equitable ways of living together. While from the early modern liberation of law, politics, and ethics we can learn the benefits of emancipation from the tyranny of superstition and certain constraints on educational freedoms deriving especially from institutionalized religion. Modernity brought especially to industrializing societies in the West a sense of progress based on technological and material progress that freed many millions of people from poverty, illiteracy, dangerous work, and short life expectancies enabling more satisfying lives. Modernity led to educational adaptations to meet the needs and beliefs of a science and knowledge-based new order. Similarly, the destructiveness of religious rivalries and its connections with the imperial expansionism of the Global West led to widespread colonialism in the Global South, generating over time nationalist, anti-colonial movements of self-determination and resistance. The point I am trying to make is that the critical study of history helps students realize that the challenges of the present that are now so threatening were always fused in troublesome ways with the life experience of the human species for as long as humans have inhabited the earth. True the emergent future we now face is both radical and novel in substance and scope, expressive of an unmanageable and uniquely dangerous period of history. Current challenges can be made less menacing if tempered by sensitive portrayals of past historical analogues, and the efforts of contemporary storytellers to narrate the dilemmas of change versus tradition over time in human relations and in the broader dynamics of organized society, which is best captured by a dialectical sense of history.

More specifically, we can now ask in this hyper-modern atmosphere, ‘where is this likely to lead society?’  I offer three focal points of the tensions between benevolent and adaptive change as opposed by mal-adaptive forces associated with capitalism and state-centric global self-interested resistance to change: wholeness, fairness, otherness.

wholeness: the sense that in addition to national, ethnic, religious, cultural, class, and gender identities we are now in need of developing what can be called ‘a human identity’ or ‘a species identity’; what is declared is a condition of mutual dependence when it comes to addressing climate change, biodiversity, ocean resilience, and global security. It is time for civil society to nurture sensitivities associated with citizenship in the world with displacing the positive sides of national citizenship. To surmount and survive we need new patriotisms to the earth and to humanity.

A way of conceiving this abstract issue is to select a concrete instance where global security shifted from a reliance on military superiority to one of bonded interests for even the most hostile confrontations between enemy states.

The use of atomic bombs at the end of World War II against Japanese cities signaled the onset of this break in the dynamics of global security that led to divergent responses: nuclear disarmament and a strong UN; a nuclear arms race; the Cold War ‘balance of terror’ domesticated as ‘mutual deterrence,’ and global governance a oligopoly of the principal nuclear states.  

 The Great Power structure of global governance with respect to global security given the existence of nuclear weapons is illustrative—it involved  the appearance of an equitable treaty bargain in which states not possessing the weapons would give up the right to develop and possess such weaponry. In exchange states possessing the weapons pledged their good faith in the form of a commitment to denuclearize by disarming stages, and accept accompanying abridgements of national sovereignty in the form of intrusive international inspection to verify compliance and detect cheating. This path to a world without nuclear weapons was cynically endorsed by the nuclear weapons states, but in practice treated as a ‘useful fiction,’ operationalizing claimed to be eliminating, that is, the permanent possession and development of nuclear weapons. This geopolitical fakery went unchallenged for more than half a century, to be nominally challenged by a coalition of governments from the Global South, awakened from their long sleep, and putting before the world a treaty in 2021 Treaty of Prohibition of Nuclear Weapons. The three NATO nuclear weapons states expressed their opposition to this denuclearizing inititiative, acknowledging their unconvincing belief that the world was safer if it continued to rely on the guardianship of the weaponry by way of the unregulated deterrence as geopolitically managed.

What has been operationalized over the decades includes discriminatory tolerance and coercive denial of proliferation options to non-nuclear states (compare Israel and Iran) coupled with the refusal of nuclear states to disarm or become transparent about their currently secretive doctrines of nuclear use. This reality reflects living with what I would identify as the primacy of geopolitics. In my language it accepts living indefinitely with negative wholeness. It also entails foregoing the opportunity to build a peace and security system on the basis of positive wholeness that relied on respect for law and morality and recognized that retaining nuclear weapons meant living permanently with the menace of a nuclear war that could occur at any moment, likely destroying all that has been built over the centuries. It also meant weakening the authority of international law by entrapping non-nuclear states in a treaty bargain that they largely kept, while the nuclear states consolidated their control of geopolitics.

Underneath retaining this capability to destroy civilization was the holistic realization that a major war fought with nuclear weapons would destroy not only the warring states but spill its lethal effect over to neutral states, potentially putting modern life on the entire planet at risk. In this sense the negative wholeness of a possible nuclear war remains an abiding danger that has failed to cause sufficient pressure to bring about conditions of positive wholeness. We seem doomed to live indefinitely with the  awareness that life under the shadow of nuclear weapons is a catastrophe waiting to happen. Such a prospect has been given a frightening plausibility by recent escalations in the Ukraine War. Ukraine being given permission by the US Government to shoot long-range weaponry deep into Russian territory and Moscow threatening to use nuclear weapons in retaliation against NATO weapons supplying countries.  How should educators treat this defining reality of the last 80 years? Or should such a reality be outside what we want young people to learn about? Do we want to shield students from grim features of the present human condition or we have the courage to expose these dangers in ways that include the presentations of ways to surmount such catastrophic threats?   

This same logic even more clearly pertains to ecological challenges of our time, most notably climate change. Global warming endangers social wellbeing, even our physical survival, throughout the planet, but it cannot be solved without a strong turn toward positive wholeness, and a cooperative approach that requires sacrifice and commitment. Because ecological challenges are somewhat more openly addressed and acknowledged by the established order, the possibility of education-driven adaptations are greater, offering a variety of teaching, training, and learning given practical relevance in the everyday the everyday encounters with polluted air, poisoned soil, and acidic oceans. This ecological concreteness contrasts with the abstractness of the issues posed by nuclear weaponry.

Fairness: in addressing ecological challenges it is necessary to induce cooperation among grossly unequal states with respect to responsibility for the buildup of carbon emissions that is the main cause of global warming. Unlike the situation with respect to nuclear weapons there is a consensus among governments that a positive adaptation to climate change requires an unprecedented cooperation in reducing carbon emissions that will only be forthcoming if fairness prevails and the richer, earlier industrialized countries help poorer ones reduce emissions without slowing development. The late developing countries are far less benefitted than the highly developed economies of Europe and North America by industrial development that was dependent  fossil fuels and hence, the buildup of emissions than the late developing Global South.

Although this dynamic was largely innocent, it allowed Western industrialization to proceed for many decades without paying the true costs of development.  There is an abstract recognition of a vital equity component in an effective policy of ecological adaptation, but little agreement as to how to calculate the level of subsidy and the allocations of amounts to be paid and received. Also more recently developed countries are not willing to accept levels of supervision needed to ensure that the funds received as subsidies were being used to reduce carbon emissions rather than to accelerate industrial development or to enrich corrupt elites in government and the private sector.

Another dimension of the ecological challenge involves preserving tropical rainforests, currently under threat from private developers and ranchers, as in Brazil and elsewhere. These rainforests absorb large quantities of carbon and function as valuable repositories of biodiversity. Here the adaptation issue is quite different than in relation to climate change. It involves encroaching upon the territoriality of sovereign rights to safeguard the global public good. It involves respecting the wholeness of perspective while reconciling constraints with fairness. This leaves space for social conflict and political paralysis that sidetracks adaptive behavior, and increases the watchdog responsibilities of civil society.

Otherness. Identity politics, both negative and positiv at all levels of social and political consciousness stress and privilege differences and overwhelmingly viewing others with suspicion, hostility, and a sense of rivalry. Only recently has negative otherness been countered by resistance and the assertion positive claims by subjugated others. in world affairs, aligned civilizational identities confront collectivities of otherness. The ultimate expressions of hostile otherness occurs in the context of war, whether giving rise to opposing alliances internationally or to internal struggles or civil wars between adversary formations, typically challenges of social movements to existing elites controlling identity formations be the state.

Samuel Huntington at the end of the Cold War followed by the collapse of the Soviet Union predicted not a peaceful sequel, but rather a new wave of conflict in the form of ‘a clash of civilizations,’ and most specifically, of the Global West against a rising Global Islam situated in the Middle East. Huntington believed the faultlines of post-Cold War conflict would center on  securing favorable Western access to energy reserves and upholding the security of Israel against regional identities shaped by resurgent post-colonial identities that sought to exclude the West.

The historical context featured the collapse of the European colonial system which was a form of otherness that involved domination by colonial powers and unabashed subjugation of indigenous populations in the Global South. The apartheid structure of racist domination in South Africa exploiting the black African indigenous majority as the other to the white settler minority is a prime instance of the repression of the other. Ending colonizing and racist otherness has been internationally affirmed in adaptive changes in international law. This positive flow of history that liberated many peoples suffering from abusive forms of othernessvertically arranged in master/slave or white/black hierarchies of domination, but it far from cleared the agenda of negative otherness.

Negative patterns are also evident in societal contexts as exhibited by the hostile othering of deviant life styles as expressed over the centuries by such behavioral patterns as homophobia and xenophobia. Positive patterns of resistance from below are manifest in such slogan as ‘black is beautiful’ or Jews as ‘a chosen people.’

The most extreme form of negative otherness involves the total dehumanization of the other has sadly not disappeared even in the creative centers of hypter-modernity. It has been labeled and outlawed as ‘genocide’ since the Nazi Holocaust a Jew-hating slaughter that featured death camps and mass killing, even extending its lethality beyond ethnicity to gypsies and to left political activists and intellectuals.

We live now at a time where Israel has conducted a genocidal campaign against the entire population of 2.3 million Palestinians living in the Gaza Strip. It recalls a line of poetry from W.H. Auden: “Those to whom evil is done, do evil in return.” It has been proclaimed by Israeli leaders in chillingly forthright language of total dehumanization and operationalized by a daily spectacle of horrifying atrocities. It has repeatedly assaulted the eyes and  ears of the peoples of the world in real time, an educative experience made possible by the TV journalism of the digital age. Unfortunately, despite this unavoidable awareness the genocide is continuing and spreading beyond the borders of Gaza in ways that threaten regional war further magnified by global proxy participants.

The UN and the Great Powers have been either unable or unwilling to stop this genocide. Shamelessly, the liberal democracies of the Global West led by the United States along with profit making corporate have refused to exert their leverage to restrain Israel, or hold it to legally permissible action. Instead they have been complicit in direct violation of the Genocide Convention on the Prevention and Punishment of Genocide by lending active support through supplying weaponry, financial assistance, diplomatic support, and even military intelligence. Seen in from a broader civilizational perspective, the governments supportive of Israel are all from the Global West of North America and Europe, although Ireland and Spain have stood apart from the Western consensus. In contrast, the most dedicated support for the Palestinian resistance is from Islamic majority states and political movements, especially Hezbollah and the Houthis. It is a reminder that clashes of civilization and ethnicities are part of the historical present, resulting in instances of genocide in  settings other than Gaza, such as Myanmar and Sudan where the dehumanization of the other leads to genocidal politics often intertwined with and obscuring strategic ambitions relating to land and resources.

It is my contention these psychological, political and economic motivational patterns that contradict the premises of positive wholeness, fairness, and positive otherness are indicators of educational failures, reflective of non-adaptive practices, policies, and values, a situation that reinforces the argument for educational reform. I am trying to convince you that these features of our world are dangerously inhibiting adaptation to the ethical, economic, and ecological imperatives of the wellbeing of future generations. Our students deserve to learn how to have useful lives that are responsive to these concerns. There is a folk saying that imparts wisdom: “If it’s not broken don’t fix it.” But there is a secondary insight bearing on the malfunctioning of the global security system and poor capabilities to provide urgently needed stability and sustainability: “If it is badly broken, do everything possible to fix it.” I think there are many fix-it approaches worth pondering in classrooms without presupposing a sophisticated view of the complexities of the contemporary world and its challenges. Let me venture two lines of educational opportunity.

Civic Engagement. It seems clear that the current leadership of both governments and corporations are not positively oriented toward implementing wholeness, fairness, and otherness in creative and ethically meaningful ways. Governments are preoccupied with the pursuit of national interests, with governing performances judged in terms of short-term results when what is most needed is long-term policies. Psychologically important is whether the quality of economic and political life for the national citizenry was being widely regarded as improving. The dominant logic of such styles of governance is to disregard wholeness and to conceive of fairness as a matter of how the national population is being treated. Naturally distancing themselves to varying degrees from alien forms of otherness is treated as though it was a natural element of the human condition. Creative pedagogy would teach a greater appreciation of and contact with others as connected with living and acting effectively in the world.

The corporate outlook, shared with banks and mechanisms of finance, is preoccupied with the profitable manipulation of money and maximizing the growth of GNP. It is not concerned with fair distribution of wealth and income, or with facilitating the costly process of replacing a precarious framework even if its purpose is to enable a sustainable  existence. In fact, the prevailing economic logics of both capitalist and socialist orientations is to minimize interferences with profits and economic growth by being adopting various postures of denial with respect to harmful ecological dimensions of this late modernist ethos of efficiency and growth. As such the main justification for modern economic activity is associated with the embedded belief ‘that more and bigger is better,’ eventual for all. Contrary pro-capitalist mythmaking ‘all boats don’t rise,’ especially in the rough waters of competition or monopolistic markets.

The educational opportunity is to present ‘small is beautiful’ views of benevolent political and economic life. Instead of a worldview that instructs us that the world works by reference to win/lose outcome it would be helpful to investigate situations where a win/win approach is viable for all participants. Games and stories that illustrate win/win outcomes could be drawn from history. Ideas of ‘human security’ and ‘common security’ based on a cooperative view of the sort pioneered in regional communities such as European Union or in the elaborate Chinese Road and Belt Project where the rewards of cooperation and mutual benefit mitigate the one-sided patterns exploitation between winners and losers. The costly and menacing militarism of current international relations needs replacing by vastly cheaper, safer, and less destructive frameworks of peace-building and mutual tolerance.

Similar narratives can be developed to support for the Rule of Law as a replacement for the Rule of the Gun. Internationally it can be shown that respect for the constraints of international law frees resources for constructive uses in relation to the demands of fairness as well as to facilitate greater investment in ecological sustainability. If not globsl wholeness, then communities of states acting regionally, can solve common regional problems of security and sustainability and thereby provide the framing of better lives and more benevolent governance during a transition to a condition of true globality. It is almost self-evident that the US would be much better off it is had shaped its foreign policy in conformity with the constraints of international law. Existing global arrangements, including the UN, would work more effectively and much less expensively, leaving increased funds available for sustainability and better lives through a reliance on the guidelines of international law rather than, as has been the practice of Great Powers, by engaging in futile unlawful interventions and destabilizing arms races costing trillions while increasing risks of acute catastrophe. The remarkable rise of China for over the course of the last half century without relying on conquest or exploitation, despite certain deficiencies, offers a model of an extremely successful alternative path. Also instructive would be a comparative study of US and China in relation to these three signposts on a path leading to rational sustainability in the 21st century—wholeness, fairness, otherness. A comparison of the negative treatment of the poor, vulnerable, and internal others (or minorities, refugees, and immigrants victimized by informal hostility and formal discrimination).

A look at the experience of the last several decades would confirm this line of policy reform. It has not yet happened because the established order resists with all the policy instrument and brainwashing propaganda at its disposal. Special interests have been increasing their influence on the behavior of governmental institutions working day and night for higher military budgets and on behalf of profit/growth oriented policies.  This critique applies to lucrative arms producers that have a vested interest in exaggerating security threats and the dangers of diverse ideologies or energy giants keep carbon fuels flowing without concern for climate change while suppressing evidence that their activities are causing harm. 

Education does have the capacity to shape minds, transform societies, and help discover and explore pathways to a sustainable, just, peaceable, and more enjoyable future. As educators we should commit to making education a catalyst for fairness, equity, and sustainability. In the process nurturing a sense of wholeness and overcome relevant enmities toward otherness.

Citizen Engagement. As suggested, beyond skills lies a broad range of enlightening approaches to learning that can teach us to live adaptively in ways that take due account of  21st century realities. Aside from family influences on opinions and values, as well as the educational tropes of social media habits in the homes and neighborhood of students, the greatest influence resides with charismatic educators in halls of learning if sufficient academic freedom exists for teachers and students to put forward their own ideas and understandings of the unmet requirements of fairness and sustainability communally, nationally, and globally. I am unsure as to whether state propaganda and reactionary monitoring of school curricula and libraries will allow the educational sectors to play positive adaptive roles with popular and institutional encouragement in countries with great variations in state/society relations with respect to formal education. We in the United States are feeling strong pushback in academic life from ultra-right enemies of open minds both in government and well-funded reactionary enclaves in civil societies. The rise of an activist billionaire caste eager to monitor teaching and learning is marginalizing adaptive education

Ideally, education at all levels should prepare students for active societal roles as participants organizing to shape public policy, and not be passive spectators in the face of developments and challenges that threaten their future and that of future generations. Public pressures from below can potentially make political leaders, as well as mainstream media and social media platforms take account of demands for reforms carried out within a more globalist way of interpreting and understanding than what now prevails in most societies, including those that have free elections and independent political parties, but are guided by outmoded gepolitical belief and predatory forms of economic behavior.

In the past, I have argued in favor of an adaptive form of citizenship, what I have labeled as ‘citizen pilgrims,’ drawing on the tradition of pilgrims as those persons among us who are searching based on faith and belief, for a better future. Citizen pilgrims embark on a personal journey that envisages collective transformations responsive to humane values and adaptive imperatives. Can the educational systems around the world be entrusted to go beyond specialized training in useful skills to give students the kind of knowledge and ethical commitment to progressive civic responsibility as the core obligation of citizenship, superseding the minimalism of electoral politics.

Technological Innovation. From an educational perspective of both preparation for a professional career and for benign citizen engagement, it seems essential to prepare students for technological innovations on the horizon. It is obvious that AI will exert a growing influence in all phases of future life in ways that are liberating and patterns that may cause educators and society a bundle of dangerous troubles. In the educational process, the management of immediate access to knowledge that undercuts the value of writing assignments and tests poses fundamental issues that will become more complex as AI is on a trajectory of rapid and continuous improvement. Perhaps, creative educators will rely more on dialogic methods of learning that rest on placing confidence in subjective learning experiences. Robotics is also relevant from the perspective of progress and employment choices and opportunities. There is a need to evolve courses and study programs that take account of job markets and changing societal priorities, as well as the collective challenges.

What educators need to think about is how to create courses assuring that students achieve digital literacy even if they are not inclined to seek a career directly related to such transformative technologies that will strain existing societal ideas of fairness and equity. Beyond this, is the social regulation of innovative technology that endangers safety or has provocative capacities to disrupt cyber security within and among states. In other words, new technologies can also endanger social peace within societies by making many forms of work obsolete, creating labor crises. Technological innovation can also cause havoc in international relations by introducing variants of stealth and remote weaponry, of which attack drones and exploding pagers are illustrative, that can disrupt existing patterns of security. Unlike nuclear weapons, there is no way to control the proliferation of drones. More that 20 years ago, a technologist named Bill Joy wrote a provocative article entitled “Does the Future Need Us?’ In other words, is human ingenuity generating uncontrollable dangers in relation to conflict while rendering most learned skills, and hence jobs, superfluous? It seems that creative and ethical innovations to keep pace with technologies would have to become equally innovative, reinventing roles for body and mind.

Political Realism. Among the obstacles to innovative education is the unconscious consensus among societal elites of ideas and values that are resistant to the prerequisites of adaptive, fair, and sustainable present and future life experiences. These are asserted here as wholeness, fairness, and otherness. Educators might devise courses and readings that include utopian visions of a peaceful, more eqitable, worldwide coexistence of diverse peoples striving for sustainability. In the words of the World Social Forum, ‘another world is possible.’ The ambitious objective of education in this era is to give students confidence that different versions of reconfigured realism need to guide behavior at all levels of decision-making. This alone would make ‘the possible’ become ‘the attainable.’

Conclusions: As stressed, educational endeavors are challenged everywhere but under a variety of diverse conditions involving cultural norms, political structures. economic practices, and spiritual aspirations. Of course, diversities of experience exist within national and civilizational boundaries, as well as within regional and global spheres of human activity with different perceptions of appropriate responses. This will likely give rise to a bewildering variety of responses, not all in keeping with the theme of this Istanbul Educational Summit. Hopefully, some will, and that may embolden others.

Present and prospective concerns associated with excessive fragmentations of identity, technological innovation, unfair distributions of material benefits and career opportunities, non-sustainable patterns of economic development, and out of date political beliefs and practices challenge the diverse missions of education. This atmosphere encourages educational reinterpretation, dialogue, and experimentation. Benevolent pathways to the future will be more likely to be taken if more students are oriented toward the urgencies facing humanity. Silos of learning experience need to be replaced by inter-cultural dialogues and by increasing exchange opportunities for students and faculty so that the world and its problems can be experienced away from homelands.

As is so often the case, the insights of great men and women are fertile sources for those of us who have chosen to be educators at this hour of ferment.  Despite these turbulent times of relentless change, Mahatma Gandhi remains a guide for all humanity, whether viewed individually, or as a collective edict: “Learn as if you will live forever; live as if you will die tomorrow.” [as borrowed from Bishnu Patel ]                                                                     

The ICC Issues Arrest Warrants for Netanyahu and Gallant: Winning the Legitimacy War

24 Nov

Richard Falk

The ICC delayed the formal issuance of ‘arrest warrants’ for top Israeli

political leaders directing the genocidal assault on Gaza for six months although

it responded affirmatively to a comparable request involving Putin’s alleged criminality in

Ukraine in less than a month after the Russian attack.

Double standards to be sure, yet ICC action is a welcome alternative to either denying the Chief Prosecutor’s recommendation of May 20 or delaying indefinitely to its decision on whether the arrest warrants should be issued. The ruling of ICC Pre-Trial Chamber 1 to issue arrest warrants for the Israeli Prime Minister, Benjamin Netanyahu, and the Minister of Defense, Yoav Gallant, in view of the overwhelming evidence of their responsibility for severe international crimes comes as big news. It is a mighty symbolic blow against geopolitical impunity and in favor of accountability.

If this ICC action is assessed by its ability to sway Israel’s short-term behavior in directions more in accord with international law, as well as to the majority views prevalent in the UN, the Global South, and world public opinion this ICC decision the cynical dismissal of Sub-Changer as ‘an empty gesture.’  Some argue that the tangible impact of arrest warrants, if any, will be to alter Netanyahu’s and Gallant’s future travel plans slightly. The decision obliges the 124 member states of the ICC to carry out arrests of these individuals should they be so bold as to venture onto their territory. Non-parties, including the US, Russia, China, Israel and others are not subject to this enforcement obligation. We should remember that Palestine is a party to the ICC treaty and thus if either Netanyahu or Gallant were to set foot in the Occupied Palestinian Territories of Gaza, West Bank, and East Jerusalem the governmental authority in Ramallah would be legally obliged to make arrests. Yet it would test the bravery of the Palestinian Authority far beyond its past behavior if it dared arrest an Israeli leader, however clear the obligation and no matter how strong the evidence against him. This assessment of tangible effect misses the point of why this is an historically significant development both for the Palestinian struggle and the credibility of the ICC.

Before putting forth an argument as to why this ICC move is a historic step, it seems responsible to acknowledge several important limitations:

                  –First and foremost, although the Prosecutor’s recommendation to the Sub-Chamber of the ICC was made in May (or eight months after Oct. 8th), it did not include even a mention of ‘genocide’ among the crimes attributed to these two leaders, which is of course the core criminality of the Israeli onslaught, as well as expressive of their role in the enactment of this ultimate international crime;

                  –Another notable limitation is the long ICC delay between recommending the arrest warrants and Sub-Chamber ruling. This was substantively inexcusable in view of the dire emergency conditions of devastation, famine, and suffering existing in Gaza during this interval, and aggravated by Israel’s obstruction of humanitarian assistance provided by UNRWA and other international aid and humanitarian organization to the Gazan civilian population in desperate need of food, fuel, electricity, potable water, medical supplies, and health workers.

                  –Also, the ICC decision remains subject to jurisdictional challenge once the arrest order has been finalized. The Nov 20 acceptance of jurisdiction is in a formal sense provisional as Israel’s objection to ICC jurisdictional authority was made prematurely, but can be made without prejudice despite its denial in the future now that the ICC has acted.

                  –Even in the highly unlikely event that arrests will be made, it is improbable that detention could be implemented, given the US Congressional legislation authorizing the use of force to liberate detainees from ICC captivity if US nationals or the accused as here are nationals of allies. There have been already intimations that some members of the US Senate and House will seek sanctions against the persons of the Chief Prosecutor, Karim Kahn, and the members of the ICC Pre-Trial Chamber. Such initiatives if actualized will further weaken the US reputation as supporter of the Rule of Law in international affairs.

Despite these formidable limitations, this invocation of the procedural authority of the ICC is itself a grim reminder to the world that accountability for international crimes should pertain to all governments and that the evidence against these two Israeli leaders has been assessed by objective and professionally qualified experts under the auspices of an international institution that is empowered by a widely ratified treaty to make a determination on the legal appropriateness of making such a controversial decision.

The ICC like the ICJ has no independent enforcement capability other than compliance by member states, but because the ICC is not part of the UN it at least are rendered, unlike the ICJ without being subject for enforcement to a right of veto that has paralyzed the UN Security Council throughout this period of Gaza violence. This does not mean that implementation will follow or that prosecution will go forward much less that future findings of guilt will be respected, in the event that they occur, as the older more venerable ICJ has found out to its dismay since its establishment in 1945. But both the ICC and ICJ in their judicial proceeding are formally free from ‘the primacy of geopolitics’ that so often overrides the relevance of international law or the UN Charter in other non-judicial venues.

An outcome of the sort that the ICC reached regarding the arrest warrants is a direct and authoritative application of international law, and in that sense produces no counter-arguments but it is subject to crude denunciations. Netanyahu calls the ICC ruling ‘absurd’ and a manifestation of antisemitism, while the American lame duck president, Joe Biden, has called the issuance of these arrest warrants as ‘outrageous’ but never tells the world why. This kind of verbal Israeli lashing of the ICC has in the past been directed at the UN itself in response to criticism of its policies in the Occupied Palestinian Territories.

The lasting and redeeming significance of the issuance of the arrest warrants is to help Palestine win the ‘legitimacy war’ being waged to control the high ground of law, morality, and public discourse. Political realists that continue to dominate foreign policy elites in important states dismiss international law and normative considerations in global security and geopolitically inflamed settings as a misleading distraction to interactions that are best guided, and in any event will be determined by the interplay of military force.

Such thinking overlooks the reverse experience of all anti-colonial wars in the prior century that were won by the weaker side militarily. The US should have learned this lesson in the Vietnam War in which it dominated air, sea, and land battlefields and yet lost the war. The weaker side militarily prevailed, that is, it prevailed in the legitimacy war, which more often than not has controlled the political outcomes since 1945 in internal conflicts waged around issues of national and ideological identity of sovereign states.  These outcomes reflect the decline in the historical agency of militarism even in the face of many seemingly breakthrough technological innovations in warfare on the part of aggressor states.

For this reason, yet mainly without this line of analysis, more and more close observers have come to the surprising conclusion that Israel has already lost the war, and in the process endangered its future security and prosperity, and possibly even its existence. In the end Palestinian resistance may achieve victory despite paying an unspeakable price exacted by such a horrifying genocidal assault. If this outcome comes to pass, one of the international factors that will be given attention is this ICC Sub-Chamber unanimous decision to issue arrest warrants against Netanyahu and Gallant. In this defining sense the frustrations with implementation of these arrest warrants are not the end of the story, but

are part of a larger historically unfolding narrative of ‘hope against hope.’ ##

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What Can Iran & Palestine Expect from the US Presidential Elections?

23 Oct

[Prefatory Note: The following interview is in responses to questions addressed.to me by Kayhan New Agency in Iran. It is focused on an interpretation of how the forthcoming American elections are likely to affect Iran, and the policies toward the current  combat zone involving Gaza, the West Bank, and Lebanon. X/0]

Kayhan Interview.   10/9/24

1-What impact does the U.S. election have on the Middle East (Israel-Palestine-Iran)?

Unless Trump is elected, which seems now shamelessly plausible, I see no prospect of change. If Trump is elected, he is more likely to encourage Israel to escalate tensions with Iran by way of an all-out military attack on Gaza and Iran, encouraging the use of a 30k blockbuster bomb and even a missile with a nuclear warhead directed at Iran’s nuclear facilities.

There are also dangers of such a scenario unfolding if Harris are elected, but somewhat less so. It could be brought about by the Netanyahu government exerting provocative pressures by way of alleged intelligence reports that Iran poses an existential threat to Israeli security and currently possesses nuclear weapons or is close to crossing that red line.

It may be that Iran’s conduct in the aftermath of the elections held on 5 November will have some effect in either calming or. agitating bellicose impulses. If the new President of Iran makes a determined diplomatic effort in the region, possibly centered on cultivating positive relations with Turkey, Egypt, and Saudi Arabia, it could alter Israel’s calculations, but nothing is certain and nothing should be taken for granted or assumed. 

2-The effects of current events in the Middle East on the American elections?

Recent developments in the Middle East, especially the Gaza genocide and the expansion of the Gaza combat zone to the West Bank in Israel and to neighboring countries including Lebanon, Iran, Syria, Iraq, and Yemen are having very little impact on the American election, except for the Muslim-American minority and a small group of progressive individuals, including especially younger Jews. However, this numerically small

number compared to the size of the national voting public it could have an impact greater than one would expect because of its influence in battleground states. This reflects the concentration of Muslim-Americans is parts of the country where the electoral competition is very close, and the failure of these normally pro-Democratic voters to support Harris are strengthening Republican prospects, and hence heightening prospects for a Trump victory. The American electoral system is such that the winner is not chosen by the candidate with the most votes, but by a complex weighted system that gives each state, based on population a certain number of votes, which are so allocated as to give advantages to rural and small states where Trump is most popular.

3-Why student protests have been silenced in America and we dont see any protests in universities?

These protests have not yet been completely ‘silenced’ but certainly have been the targets of pressure from administrators of higher education and the Zionist, pro-Israeli, networks of influence.

Major donors to universities throughout the country with strong Israeli sympathies and ties have exerted their influence, usually hidden from public view. Israeli influence with American political elites is strong within the government and strong private sector lobbies (including military industries, energy). Students and faculty are intimidated, with pro-Palestinian activism leading to negative impacts on their career prospects. At the same time these protest sentiments remain strong among the more educated youth of America, although apparently dormant in the immediate period ahead. It would not be a surprise if a progressive movement outside the two-party system emerges in the near future, and becomes a real force in American political life.

4-Western countries state that the attack by Hamas on October 7 was a violation of human rights laws; Do you think the behavior of the Palestinians was a violation of the law?

Even after a year it remains difficult to have an accurate description of the events on October 7. There needs to be a trustworthy international investigation and report, although this will be opposed by Israel, and without such clarification it will be difficult to make a reliable assessment.

On the basis of what we know or are tole, it is the judgment of the most objective international law experts that Hamas had a right of resistance against an abusive and unlawful occupation of Gaza that had persisted since it was occupied in course of the 1967 War, but that atrocities committed during the attack should be considered legally prohibited, and the perpetrators held accountable. The Prosecutor of the International Criminal Court recommended to a Sub-Chamber of the ICC that ‘arrest warrants’ be issued for three Hamas leaders on the basis of this legal reasoning, and also for Israeli leaders on a similar basis in the course of their retaliatory onslaught.

My own view accepts the obligation of claimants of a right of resistance, regardless of how strong their entitlement to resist, to comply with the laws of war and international human rights law with respect to the deliberate killing of women and children. Hamas culpability this regard is minor if compared to the magnitude and severity of Israel’s genocidal response, but still criminal.

The division in the world between Palestinian and Israeli supportive governments and political movements exhibits the civilizational dimension of Middle East conflict zone that follows a conflict pattern of the West against Islamic societies. This recalls Samuel Huntington’s 1993 prediction that after the Cold War that there would not be peace, but ‘a clash of civilizations’ situated along the fault lines separating the West from various geographies of the Islamic non-West.  

5-What is your opinion about Iran’s attack on Israel and was it Iran’s right to attack Israel?

I am not familiar with the scale, targeting, damage, and details, but Israel had repeatedly provocatively attacked Iran previously without being itself attacked first, recently most strikingly by its assassination of the Hamas leader, Issmail Haniyeh, while he was visiting Iran to attend the inauguration of Massoud Pezeshkian as the new president. Iran certainly had a reprisal right, although the law of the Charter creates some ambiguity limiting international uses of forces to situation of self-defense against a prior armed attack (see UN Charter, Article 2(4), 51). Yet since many countries have claimed such a retaliatory right of reprisal it seems persuasive to argue that the Charter has been superseded by international practice, and the applicable tests of legality are related to such customary norms as proportionality, discrimination (as to targeting), and humanity (as to civilian innocence).

6-Why, despite the widespread protests in the United States? However, the United States still provides massive financial and military aid to Israel?

On the Middle East agenda, the US government is not being responsive to the people. The latter favor by a sizable majority a permanent ceasefire and a more balanced overall US approach to Israel and Palestine. Yet, the special interests associated with military sales and the policy goals of pro-Israeli lobbying organizations, especially AIPAC, are being accommodated by political elites in the US, and in most European countries.

The US situation is one where the pro-Israeli influence on politics is not balanced by pro-Palestinian influence in the venues of governmental authority (Congress, Presidency), which means that politicians have nothing to gain, and much to lose, if they are sympathetic to Palestinian grievances. Israel has effectively manipulated Diaspora Jews to make strong unconditional commitments to Israel financially and politically. Finally, the Holocaust and antisemitism continue to be deployed to punish those who go out of line by supporting Palestine or Iran.

7-What do you think about Iran’s behavior in supporting Palestine and Lebanon?

If you have any comments or suggestions. opinion, please write to us

I think such support as Iran has given, which is not known with any precision, is far less than what Israel and its Arab friends have received, and is thus legitimate as a reasonable

balancing involvement. Beyond this, by supporting Lebanon and the Palestinian struggle Iran is on the right side of history and of morality, while the US and the former coloniall powers of Europe are supporting the prime instance of 21st Century ‘settler colonialism’ and it genocidal disposition of the majority native population.

Empowering the UN, Disempowering Militarist Geopolitics

22 Oct

[Prefatory Note: I post a review of the recently published Liberating the United Nations: Realism with Hope appearing in Foreign Affairs, the most influential journal for mainstream foreign policy analysia. The book was written by Hans von Sponeck, former Assistant Secretary General of the UN, and myself, and published by Stanford University Press a few weeks ago. The title given to this generally positive review essay of our book is deeply misleading. It not a matter of ‘saving the UN’ but of empowering the UN to fulfill its originall missions of war prevention and global security, and overcoming those aspects of its identity that gave instututional hegemony to the winners of World War II; thus we would entitle a review ‘Can Humanity be Saved Through the UN’?]

]


Can the United Nations Be Saved? | Foreign Affairs

https://www.google.com/url?rct=j&sa=t&url=https://www.foreignaffairs.com/reviews/can-united-nations-be-saved-myint-u&ct=ga&cd=CAEYACoTODc0ODYzODQ1NDUzNjg5Njc4NTIaZjQ5YmM2YjQxMzJmNTkwYzpjb206ZW46VVM&usg=AOvVaw0gjatjC6xqgYtwNw5xo2G9

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November/December 2024cover

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Review Essay

Can the United Nations Be Saved?

The Case for Getting Back to Basics

By Thant Myint-U

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The quest to fix the United Nations is almost as old as the organization itself. Eighty years ago, Allied leaders imagined a postwar order in which the great powers would together safeguard a permanent peace. The Security Council, dominated by its five veto-wielding members—the United States, the Soviet Union, the United Kingdom, France, and China—reflected the world as it was. Other, less hierarchical parts of the new UN system were meant to foster international cooperation across a host of issues: the global economy, public health, agriculture, education. The seeds of a future planetary government were evident from the start.

The UN was initially conceived as a military alliance, but that objective became impossible with the onset of the Cold War. Many observers predicted an early death for the UN. But the organization survived and was soon reenergized, fashioning aims that its founders never imagined, such as peacekeeping. Its secretary-general became a figure on the global stage as the world’s preeminent diplomat, jetting off to war zones to negotiate cease-fires. Specialized agencies under the UN, such as its Educational, Scientific and Cultural Organization (UNESCO), and a raft of new technical assistance programs spread their wings. For some officials, scholars, and activists both within and outside the UN, a hopeful vision of global government persisted.

The American legal scholar Richard Falk and the former German diplomat Hans von Sponeck are clearly in the camp of those who would like to see a far stronger UN. In Liberating the United Nations, they make the case for an organization that can deal effectively with the slew of challenges facing the world today, from climate change to nuclear proliferation. They see no alternative. At the same time, they bemoan the UN’s current dysfunctional state and its increasing marginalization from the major issues of the day. The global body, they say, “is more needed than ever before and yet less relevant as a political actor than at any time since its establishment in 1945.”

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The authors provide a detailed overview of the UN’s complex structures and multifaceted undertakings and make a spirited attempt to convince readers that a renewed investment in the organization is the best possible path to a better future. They offer a worthy vision of an ideal global body, imagining, for example, a reformed Security Council linked with civil society organizations from around the world. Their prescriptions, however, do not fully account for challenges to the UN’s legitimacy and standing. Given today’s realities, those who believe in the enduring importance of the UN should not seek to make the institution all things to all people but should instead adopt a laser-like focus on strengthening the organization’s most fundamental function: preventing war.

THE GOOD OLD DAYS

In Falk and von Sponeck’s telling, the UN has demonstrated considerable innovation, even during the Cold War, despite the constraints of that era’s superpower rivalry. This was especially true under Dag Hammarskjold, who served as secretary-general from 1953 until his death, in 1961, and pioneered new forms of preventive diplomacy. The speedy deployment of blue-helmeted UN peacekeepers during the Suez crisis in 1956 was a prime example of this early creativity.

By the 1990s, with the Cold War over and Moscow’s veto no longer a hindrance to American primacy, the UN expanded its peacekeeping operations, which proved successful in places as far from the seats of power as El Salvador and East Timor. The organization also became an intellectual leader—it crafted, for example, the notion of human development as a counterbalance to the simple metric of per capita GDP.

For Falk and von Sponeck, this was also a period of lost opportunity, as the United States focused its energies on consolidating a new international regime favorable to global capitalism rather than on building the foundation of a UN-centered world government. A series of peacekeeping failures, from Bosnia to Rwanda, colored the lead-up to the turn of the century, by which time the world’s post–Cold War enthusiasm for the UN had largely dissipated. The American invasion of Iraq without UN authorization marked a new low point for the organization, demonstrating its impotence in the wake of great-power aggression. Today, Falk and von Sponeck say, in the face of a “dysfunctional ultra-nationalist backlash,” the organization is hobbled even more and has little political support for much-needed amendments to the UN Charter, such as reforming the composition of the Security Council.

The quest to fix the United Nations is almost as old as the organization itself.

There are problems with the book’s history. For example, the authors mistakenly describe the crisis in the Republic of the Congo, which drew in the UN in 1960, as being caused principally by “tribal conflicts and ethnic regionalism,” when it was very much about attempts by white supremacists to maintain their dominance over Congo—in particular, its vast mineral riches—after the country won independence from Belgium. The authors are also mistaken in suggesting that Hammarskjold supported what they oddly describe as Congolese Prime Minister Patrice Lumumba’s “radical economic nationalism.” The two men were famously at odds, and at least a few of Hammarskjold’s aides, if not the secretary-general himself, were complicit in Lumumba’s overthrow in 1960.

Far more important, however, is what’s missing from the authors’ account. For nearly all the peoples of Africa and Asia, the history of the twentieth century was first and foremost a history of empire and their long fights for freedom. Over the late 1950s and early 1960s, representatives from newly independent nations—the “Afro-Asians,” as they called themselves—transformed the UN, bringing it to the height of its ambition and vigor. The UN was the mechanism through which they asserted their hard-won independence and shaped and protected their sovereignty. For them, Congo was a test of whether white supremacy would be a mainstay of the postcolonial world.

Falk and von Sponeck correctly mention the critical role played by the UN from its very beginning in the struggle against racism globally and against the apartheid regime in South Africa in particular. But they are incorrect in suggesting that non-Western governments were more interested in the development of a fairer world economy than in the prevention of war. For the Afro-Asians, peace, development, and the realization of human rights were interdependent parts of a bigger project of equality after empire.

The Afro-Asians embraced the UN. In 1961, they were instrumental in the appointment of one of their own to secretary-general: the Burmese diplomat U Thant (my grandfather). In 1962, Thant, working closely with other Afro-Asian leaders, played a pivotal role (which is lost in most narratives) in the de-escalation of the Cuban missile crisis. His mediation efforts between U.S. President John F. Kennedy, Soviet Premier Nikita Khrushchev, and the Cuban revolutionary Fidel Castro marked the apex of the organization’s work in war prevention. While the Security Council was often deadlocked, the secretary-general and his team of mediators were more active than ever across a variety of conflicts, from Cyprus and India to Pakistan and Vietnam. The UN’s record of peacemaking endeavors, which were intimately linked to the ascendancy of what was then called the “Third World” majority, is absent from the book.

REFORM AND REALITY

Liberating the United Nations includes a deep dive into the authors’ own experiences in the organization. Falk, for many decades a professor of international law at Princeton University, was in the early 2010s the UN’s special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. Von Sponeck, a career international public servant, was the UN’s humanitarian coordinator in Iraq in the late 1990s; he resigned in protest over the harm that sanctions did to Iraqi civilians. Both demonstrate the many ways in which their efforts were thwarted by geopolitics—that is, the interests of the United States and other powerful governments. Behind their accounts is the central tension in the book: on the one hand, the authors’ desire to see the UN become a kind of global government and, on the other, the political currents frustrating this aim.

Falk and von Sponeck are “puzzled” by the inability of the UN to “gain the political traction needed” to make itself the effective tool for peace that they believe it can be. They contend that over the decades, despite herculean obstacles, the UN has proved itself an “indispensable feature of a sustainable and positive world order.” With more funding, “as well as greater forbearance by geopolitical actors and more appreciation by member governments, civil societies, and the media,” the world body could again scale new heights.

The obstacle, as they see it, is an “outmoded form of ‘political realism’” that “will require an ideological struggle” to overcome. Governments are trapped in their own geopolitical calculations and do not appreciate that the only answer to today’s global challenges is a reformed UN at the heart of vigorous global cooperation. For this to happen, they call for a “progressive transnational movement of peoples,” one “strong enough to exert a benevolent influence on governmental and international institutional practices.” Only with this kind of groundswell will the UN be able to address “such basic structural problems as predatory capitalism, global militarism, and ecological unsustainability.”

The authors are certainly right that the UN has not only survived but succeeded in a number of sectors and settings. It has produced a body of international law unprecedented in history. Its humanitarian agencies would be difficult to replace. In the event of another pandemic, only the World Health Organization, for all its flaws, could coordinate a truly global response.

With more funding, the UN could again scale new heights.

Falk and von Sponeck place front and center the need to update the composition of a Security Council that is still locked in a World War II–era constellation. There are few, if any, good arguments for denying countries such as India a position at least on par with that of the United Kingdom or for denying non-Western states greater representation more generally. In recent decades, the story of the Security Council has been of a body dominated by five rich countries deliberating conflicts in low-income countries. The unrepresentative composition of the five permanent members leads to a host of inequities, such as the biased appointments of senior officials, that run through the UN system. It is easy to see why enthusiasm for the UN in much of the world has steadily declined.

But any effort to fix the UN today will run against immense political headwinds. It’s nearly impossible to imagine a package of changes to the Security Council’s membership that could win support among its current permanent members. It’s also unclear that any change to the composition of the Security Council, however salutary to the UN’s legitimacy, would improve the organization’s effectiveness. The only result may be new kinds of deadlock (albeit with perhaps more interesting debates).

There’s also a more basic challenge: the plethora of alternative avenues for governments to pursue their interests, including bilateral agreements; regional organizations, such as NATO; and forums, such as the G-20. The UN’s headquarters, in New York, was once the only place in the world where representatives of many countries could meet. There were few other summits. Over the late 1950s and early 1960s, the annual General Assembly meetings stood at the very center of global politics, with everyone from Kennedyto Khrushchev to anticolonial revolutionaries, among them Ghanaian President Kwame Nkrumah and Egyptian President Gamal Abdel Nasser, all playing their larger-than-life roles in a dramatic theater that gripped the planet.

Falk and von Sponeck conclude that U.S. unilateralism is what has been constraining the UN, with Washington unwilling to invest in the organization’s renewal. But surely, it is not only the United States that seeks to act outside the UN. For smaller states, the UN may be the one arena where they have an equal seat at the table. But for others, such as the rising middle powers of the world, there’s an ever-increasing menu of options.

MISSION: POSSIBLE

There’s a deeper challenge still: the nature of the UN itself. Over the decades, the UN has developed its own culture, language, and ways of working—invaluable products of the only attempt ever to build an institution that involves all humanity. But it has long been addicted to process over outcome. The organization’s built-in need to reflect everyone’s views, in every paragraph of every text—in a staff circular as in a General Assembly resolution—too often strips away meaning and value from even its best-intentioned efforts.

The manner in which the UN manages its people is another vexing issue. The organization includes legions of public servants, including aid workers and peacekeepers, who are dedicated to its lofty principles and perform heroically, often under the most trying circumstances. But few of them have benefited from good management. The most capable are rarely recognized for their skill and sacrifice. Governments, especially the great powers, insist on their own (often unqualified) nominees for the top jobs, creating a perversion at the heart of the system that undermines morale, as well as efficiency. An effective UN needs at its core a highly motivated civil service staffed by the most qualified women and men from around the world. It’s an area of reform that receives almost no attention.

The default scenario is one in which an unreformed or slightly reformed UN continues evolving a smorgasbord of functions—protecting refugees, facilitating climate change negotiations, providing development assistance—doing well in some areas and less so in others. Its conferences, even if they do not necessarily solve global problems, keep alive dialogue on global issues, at times providing a platform for an array of international civil society organizations. The trouble with this status quo scenario is that by spreading itself thin, the organization is distracting itself from its main purpose of preventing war.

For the foreseeable future, the Security Council, the main body responsible for international peace and security, will likely remain unable to address the primary threats of the day, among them the Russian invasion of Ukraine, conflicts in the Middle East, and disputes over Taiwan and territories in the South China Sea. Superpower tensions within the Security Council are nothing new—but they need not stand in the way of preventive diplomacy and mediation. Hammarskjold and Thant’s most important peacemaking achievements took place during the Cold War, in the late 1950s and early 1960s. In the late 1980s, the quiet mediation of Secretary-General Javier Pérez de Cuéllar made possible several peace agreements that set the stage for the end of the Cold War itself.

By spreading itself thin, the UN is distracting itself from its main purpose of preventing war.

In the absence of a dynamic, reformed Security Council, the key to future UN success is the secretary-general’s role as the world’s preeminent diplomat. Peace is the primary business of the UN. There are many conflicts that may well be resolved without any UN role. But the past 80 years demonstrate that the secretary-general, an impartial mediator representing a universal body, is at times indispensable. One who is sidelined on the issues of war and peace will have far less influence with which to lead on global challenges such as climate change and development.

The public expects the UN to head efforts to end war. Today, terrible new wars are destroying the lives of millions and raising the threat of nuclear confrontation. It’s a very different time than the 1990s, when all the great powers were content to dispatch peacekeeping operations to end internal conflicts. The world has returned to a period of warfare between states, exactly what the UN was set up to prevent.

Because there is little oxygen for reforming the UN, whatever oxygen exists needs to be deployed efficiently to restore and broaden the secretary-general’s peacemaking role, which can address not only internal conflicts but interstate wars, as well. This will require building a team of experienced in-house mediators who have an intimate knowledge of what the organization can and cannot do. In the past, the UN achieved considerable success through the leadership of officials such as the Nobel laureate Ralph Bunche, who served both Hammarskjold and Thant and was instrumental in dozens of peace efforts around the world.

In this dangerous and uncertain moment, the secretary-general of the United Nations can explore and create opportunities for conflict resolution. Only the UN has the authority and credibility to play this role. And over the coming years, it may make all the difference between global war and peace.

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In This Review

Liberating The United Nations: Realism with Hope

Liberating The United Nations: Realism with Hope

By Richard A. Falk and Hans von Sponeck

Stanford University Press, 2024, 430 pp.Buy the book 

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October 7: A Grim Anniversary

6 Oct

[Prefatory Note: Anadolu Agency RAF text on Oct 7; further reflections] 

October 7: A Grim Anniversary

Israel has long been renowned for its ability to shape public discourse

pertaining to its behavior toward the Palestinians, particularly in the West.

Its greatest triumph is undoubtedly the manner with which it managed the

media treatment of its response to October 7 in North America and Europe. Israel’s response was depicted as purely a matter of defensive security against Palestinian terrorists who staged an unprovoked and barbaric surprise attack by Hamas. This public distortion of the event gave the Western governments the political space needed to justify their closed eyes military, diplomatic, and intelligence support of Israel while genocide daily unfolded in Gaza.

This political manipulation of this incident in the long struggle between Israel and Palestine has several different dimensions. Above all, it absolutizes October 7 to create the false impression that peace and quiet prevailed in Gaza until ruptured by this vicious Hamas attack on Israeli villages and civilians gathered for a dance festival. The actual context from a Palestinian point of view couldn’t have been more different, and more objective.

The entire population of Gaza was living under a repressive occupation since the 1967 War as abetted by a punitive blockade imposed in 2007 that caused a steady and deliberate deterioration in the quality of Gaza civilian life that was already one of hardship, danger, and abuse. It is also worth remembering that Hamas was cajoled by Washington to give up armed struggle and pursue its goals by political means to avoid the stigma of its terrorist listing. In this spirit Hamas took part in the Gaza elections of 2006, which it was expected to lose. When it surprised Israel and the US by its success in these internationally monitored elections the result was not welcomed in Tel Aviv, which used its influence in Washington, to keep Hamas in a terrorist box, and the rest is history culminating in the genocidal assault of the past year.

But the history might have been different. Hamas for its part after its electoral success, reinforced by ousting Fatah from its leadership role in Gaza, resorted to diplomacy, seeking a political compromise with Israel reinforced by a long-term ceasefire of up to 50 years, which Israel refused to consider, much less take seriously. This gave Hamas little choice but to surrender its political rights, above all the right to self-determination, or resume its earlier posture of resistance by the means at its disposal.  

Further, from the first day that the extremist Netanyahu far right coalition took over the governance of Israel at the start of 2023 it proclaimed a ‘new Middle East’ which in a map exhibited by Netanyahu just weeks before October 7 erased Palestine. Even then, its main tactic in Gaza was the 2018 nonviolent ‘right of return’ movement, which Israel met at its borders with lethal violence again narrowing Hamas’ choices to surrender or armed struggle. This was a poignant moment when we take account of the fact that 75% of Gaza’s 2.3 milllion inhabitants were refugees or their descendants of the 1948 Nakba.

This course of development is consistent with the Western management of the October 7 event.  First, the early Israeli news releases that greatly exaggerated the atrocities attributed to Hamas were dutifully spread around the world by political leaders and echoed by a compliant media. But more than this, the complete absence of self-scrutiny involving the obvious lapse of Israeli border security helped shift exclusive responsibility to the attackers. This pattern gave rise to suspicions because of widespread reports of reliable warnings given personally to Netanyahu and other Israeli leaders in the days and months before October 7. In light of this it seems highly improbable that the impending Hamas attack was unknown to Israeli intelligence, likely supplemented by surveillance capabilities that could not have missed the training and rehearsals that almost openly preceded the attack.

Finally, it should not be forgotten that in the background of October 7 was the flagrant official greenlighting of settler violence that became part of the West Bank foreground after the attack. In the last days of August Israel unleashed a devastating Gaza-style military campaign so far focused on the West Bank cities of Jenin and Tulkarm.

When October 7 is contextualized, Israeli motivations for a genocidal response become

more plausible. The Hamas attack provided Israel with a pretext for genocide, and increasingly supported an interpretation of this severe violence as ethnic cleansing that should be understood as a prelude to land-grabbing, which helps us understand that the West Bank was always part of the theater of Israel’s military operation. In this sense, interpreters should take a hard look at October 9 (the day that Israel’s response began) if they want to grasp the significance of October 7. Currently, this exposure of ethnic cleansing realities is obscured by an obsessive Western media focus on the tragic fate of Israeli hostages while the larger scenario of Netanyahu extremism evolves beneath the radar.

All along Israel could not have addressed the Hamas challenge as one of pure terrorism without unwavering US and European support, no matter what the human costs and the reputational damage to Western global leadership. To the extent countered, it has been from Islamic sources, centering on Iran but including Hezbollah and the Houthis as active allies of Hamas. October 7 so perceived activated the larger conflict between the West and political Islam, with the Palestinian squeezed between, and for the last year victimized by the worst genocide since the Holocaust.

Among the many unfortunate consequences of the past year has been to weaken gravely the war and genocide prevention reputations of the UN. By ignoring the near unanimous rulings of the juridically respected International Court of Justice, the West showed its contempt for the authority of international law if it clashed with strategic interests. The contrast between insisting on the sanctity of international law in the Ukraine context and its complicity in the Gaza genocide exhibited both double standards and moral hypocrisy. A positive development, including in the Western countries supporting Israel, has been the civil society pro-Palestinian activism that is challenging the disregard of international law and human decency by the Western governments.

Let us hope that the year ahead brings peace and justice to the Palestinian people, the entire region, and the other 50 armed combat realties around the world. 

Global Governance and Global Security in the 21st Century:  A Philosophical Inquiry

4 Oct

Richard Falk

            [50th Anniversary of Philosophical Society of Turkey, Ankara, Oct. 4, 2024]

A Preliminary Reflection on Orientation

It is an honor for me, not even a philosopher, to be a panelist on this program honoring Professor Kucuredi for her inspirational role in the development of the Turkish Society of Philosophy over its life of 50 years.

Listening to the presentations and the introduction of speakers have made me aware that this Society, unlike so much of contemporary philosophy whether of the language or postmodern variety, is devoted to understanding the global crises of our time and how they might be best resolved for the benefit of all humanity.

If ever during the history of the human species did we need the benefits of ‘deep thinking,’ which is the enduringly profound contribution of philosophy, is now so many of the world’s leaders and influencers are behaving mindlessly or malevolently, raising risks of provoking quasi-species or even extinction events. Never has the need for philosophical deep thinking been greater with attention to the time dimensions of urgency as well as with the space dimensions of complex and intensive interdependence. Of course, this is not to denigrate longer term thinking relating to peacemaking and peacebuilding as a contribution to transformative patters of behavior in political, economic, and cultural domains of human expression and ecological awareness, but it is alerting deep thinker to the emergency conditions that bind together the destinies of all peoples sharing life on planet earth.

I have chosen to focus my remarks on the theme of ‘global governance’ that has been at the core of my scholarly work ever since I was a bewildered graduate student, then fearful of a major war fought with nuclear weapons. My overriding concern is with the management of global security in the sense of war, genocide, and atrocity prevention, which explains their linkage here. I was less concerned with the management of routine interactions across and within national borders that brings order, stability, and benefits in many diverse areas of life, including health, travel, diplomacy, sports, culture, and countless others. It ranks high among the achievements of modernity, but it is not enough given the rate and nature of technological innovation.

I explored from the standpoints of international law, international relations, and cultural values two central issues: 1) a critique of global governance as a structure of international life; 2) were there viable alternative modes of global governance that were less war-prone, more justice-oriented, and less a product Western hegemonic ambitions and civilizational provincialism. In carrying forward this line of thought I often turned to Western philosophy for insight and wisdom and to Eastern philosophy for empathy, different groundings in social/political realities, and ethical values reflecting different civilizational traditions.

Sketching the Philosophical Roots of Global Governance      

Existing structure and procedures of global governance have their normative and political deep roots in the framework set forth in the Peace of Westphalia back in 1648, but continuously evolved to adapt to changing conditions.

The essential feature of this Westphalian framework was the formal or juridical autonomy of territorial states sovereign within recognized international borders, a systemic condition of philosophical anarchy most influentially theorized by Thomas Hobbes in The Leviathan published in 1651. This vision was accepting of the abiding reality of war, which in Hobbes’ words pitted ‘all against all.’

Hedley Bull modernized Hobbes in his important book, The Anarchical Society: A Study of Order initially published in 1977. The originality of Bull’s adherence to state-centrism was his idea that anarchy could be combined within the overarching non-governmental normative reality of ‘society,’ which was the narrative he believed best described world history, and could not be changed for the better.  Revealingly, the main societal premise of Bull’s worldview was the political, moral, and legal obligation of sovereign governments to show respect for the norm of non-intervention by refraining from forcible intervention in the internal affairs of foreign countries.

The realist element in Bull’s approach was expressed by his rejection of the pretensions of international law as ‘a higher law’ than national legal authority when it came to maintaining global security, establishing and upholding political order, and imposing criminal accountability on individuals. Bull illustrated his bold reluctance to submit power to law within international settings by his rejection of the Nuremberg precedent by which German political and military officials were held internationally accountable after World War II for their alleged criminality.

Bull believed, and experience has largely vindicated his skepticism, that such punitive treatment as imposed on the losers in World War II made a mockery of law by overriding the sovereignty of only the losers. This unwillingness of the victorious countries to submit their own behavior to any legal assessment meant that what was being called ‘law’ at Nuremberg is more properly regarded as a naked expression of power.  At the same time Bull valued law for its functional roles in serving the mutual or reciprocal interests of states in political order internationally, but he believed it had no constructive role in relation to war/peace contexts other than shared humanitarian concerns such as the humane treatment of prisoners-of-war by adversaries.

In effect, the Nuremberg Judgment was more an exercise of state propaganda by the winners in World War II than their claim of an advance in criminal jurisprudence of international accountability. In effect, war was accepted as embedded in the anarchic structures and it was leading many liberal idealists to regard international life as governed by law rather than power. Such thinking was an anathema to a confirmed realist such as Bull who felt there no alternative to leaving global governance and global security to what the most influential international relations

agreed upon despite policy divergencies (Morgenthau, Kissinger, and Kennan).

Bull’s deconstruction of Nuremberg accountability claims have been reinforced by invoking criminal law to punish Saddam Hussein after the Iraq War of 2003 while foregoing any legal scrutiny of serious war crimes allegations directed at George W. Bush or Tony Blair. The furious refusal by the US to have any member of its armed forces investigated or arrested for international crimes by the International Criminal Court is a further indication that Bull’s skepticism continues to be validated by experience.

Also significant is the reality that these projections of global governance that originated in the West and served Western interests in overriding the sovereignty of non-Western national societies by disguising power grabs as criminal justice. At its peak this Western hegemony both had recourse to law to rationalize colonialism, sugarcoat in the process genocidal policies directed toward native populations, especially in the British breakaway colonies in North America, Australia, and New Zealand.

As world history unfolded the US Government insisted upon and achieved total impunity even in relation to the atomic bombings of Hiroshima and Nagasaki that were viewed as unlawful in more objective legal and cultural venues ever since such weaponry of mass destruction came into existence. We can only regret that these grants of impunity for the atomic attacks cleared the path to the Nuclear Age that might not have come to pass if Germany or Japan had resorted to such weaponry and yet went on to lose the war. Controversial combat tactics by the losers in war rarely become acceptable practices in future wars, but if by winners it becomes more tenuous to deny the validity of their future use.

Kant’s disruptive challenge to Hobbes and contemporary realists

An earlier partial philosophical break came to the fore in the aftermath of the French Revolution articulated in perhaps the most conceptually sophisticated manner by Immanuel Kant in his publication 230 years ago of a long essay given the title Perpetual Peace: A Philosophical Sketch. The basic Kantian insight was that the global spread of democratic republicanism, and accompanying human rights, could come to allow separate states to co-exist in a condition of harmony with respect to their national security, thereby indirectly achieving global security.

Kant sought to counter the structure of political realism that envisioned no alternative go ‘perpetual war’ with the revolutionary idea that war was not rooted in the human condition or even in the fragmented character of international society, but is an outgrowth of ideological tension, predatory economic impulses. Kant explored the possibility that the newly comforting belief that democracies would not wage war against each other. There were other related features in this Kantian hopeful view of international relations including a self-interested dynamic of state in mutual demilitarization.

It is arguable that this Kantian radical vision has never been tested historically because of the failure of democracy to spread to many important countries outside of the West, and with anti-democratic national governance remaining commonplace even in the West. The source of both world wars of the prior century were often accurately described as pitting the liberal democracies against first fascism and then totalitarian socialism, which can be conceived as a meeting place between Kant’s bonding expectations of democracies and their antagonism to anti-democratic forms, a kind of second-order fulfillment of Kant’s views on the relevance of internal state/society relations.

With the rise of civilizational consciousness conflict configurations are often portrayed by reference to diverse religious or ethnic  identities, and their conflictual perspectives. Biden is the latest of Western leaders who sought to rally democracies against autocracies, as if he were a Kantian, although his designation of democracy was so broadened as to be normatively meaningless, malevolent, and mendacious by including Israel, Modi’s India, Saudi Arabia, and others. Such ideological opportunism undermines second-order Kantianism.

There remains a slender basis for the Kantian belief that ‘genuine’ democracies do not fight one another, and that if global political landscape came one day to consist only of genuine democracies, there would be, or at least might be, a prolonged period of world peace.

 The Fleeting Promise of Governmental Solutions 

From pre-Westphalian times contrary expectations envisioned an enhanced role for international law, entertaining political and ethical notions of overcoming Hobbesian anarchy by various ideas of institutional centralization expressive of various ideas of spontaneous or coerced unity of humanity, generating even governmental proposals for world government or geopolitical ambition to establish a global state. In other words, the pathway to a peaceful world led not through an anarchic structure but depends on overcoming political fragmentation by way of a deliberative process that credibly gives rise to a more centralized system of governance.

What now exists, epitomized by the design of the UN as an institutional (non-governmental) system in which all sovereign states are treated as equal in a formal diplomatic sense yet the five main prevailing states in World War II enjoy a right of veto in the Security Council, the only UN political organ with the authority to reach binding decisions. In effect, this has meant that global security is managed outside the UN by these powerful political actors who are granted the legal authority to evade the UN Charter while pursuing either peacekeeping or strategic interests.

In fact, this P5 managerial role produced during the 40 years of Cold War led to a precarious balance between the Soviet Union and the three NATO members of the SC led by the US with respect to major war. Since the Soviet collapse and the end of the Cold War this geopolitical P2 became behaviorally the P1, at least until Russia mounted a geopolitical challenge as an accompaniment to the Ukraine War and the Global South showed signs of promoting their own version of global governance with encouragement by China. The Ukraine War also highlighted the moral hypocrisy of the West by its denunciation of Russia while actively supporting Israel in openly carrying out genocide in Gaza. This posture also exhibited a betrayal of liberal values associated with respect for international law and human rights in this clash with strategic interests and cultural affinities.

After each of the world wars, idealists on the sidelines of world politics put forward views that advocated world government in the form of the enactment of a federalist constitutional framework providing global governance and the institutional management of global security.

These views never gained political traction against either the realist consensus that dominated foreign policy elites in the powerful countries of the world or by public advocacy on the part of engaged national citizenries. These ideas of centralized global governance continued to languish despite the advent of nuclear weapons, the climate crisis, and the wastefulness and menace of militarized global security in the nuclear age. The UN was framed to create a system of institutional centralization for functional activities while being forced to adapt to the geopolitical management of war prevention and global security. It should therefore come as no surprise that the UN has been minimally involved in the ongoing war in Ukraine and the genocidal assault in Gaza

The 2024 UN Summit of the Future with its call for virtuous behavior protective of long-term human wellbeing and ecological stability by UN members and along with the championing of inspiring policies directed at mitigating human suffering seems likely to experience the disappointing destiny of the UN Preamble to the Charter with its confident call to end the scourge of war and serve as a beacon of hope for a peaceful future. Satisfying words with a pacifying impact without obligatory matching deeds is similar to being presented a beautiful wine bottle that is empty of the coveted liquid within.

A Concluding Lament

We live in disillusioning times, where the appeals of 21st century pragmatic thinkers and critics, alive to real world challenges, are still dismissed as visionary, and are neither heard nor heeded in the corridors of power. These venues of power and wealth still remain mainly the preserve of ambitious men who continue to be bewitched by the benefits of short-term performances, while the profound challenges that haunt a human future facing increasingly urgent imperative consisting of long-term vision, commitment, empathy, ecological resilience, and spiritual wisdom. May it be so! And may philosophers add their variants of deep thinking in the process.     

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

9 Mar

[Prefatory Note The post below is long. The article is devoted to several of my recent central concerns. It was initially published in Global Community:Yearbook of International Law and Jurisprudence, superbly edited by Giuliana Ziccardi (Oxford, 2023). Comments and conversation warmly invited. Adapted from annual Edward W Said Memorial Lecture entitled “The Enduring Legacies of Edward Said,” The American University in Cairo, Nov. 4, 2023]

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence

Richard Falk

Abstract

An exploration of forms of interaction bearing on the assessment of advocacy jurisprudence. This entails underlying reflections on relations between

scholarly identity and public engagement as contextualized by Israel’s military response in Gaza. to the October 7 Hamas attack, featuring a comparison between partisanship in legal inquiry and in the interpretation of literature. It also involves a jurisprudential orientation that presupposes the inevitability of partisanship and favors an explicit acknowledgement rather than pretensions of objectivity, which implies my bias against legalism and its replacement by a disciplined insistence that political and moral contexts be brought into the open. The overall rationale for such an approach is to seek a better alignment between law as practice with justice as the embodiment of humane values exhibiting universal criteria. Although these considerations apply to any legal system, the preoccupation of the article is with conceptions and applications of international law.

Pursuing Justice Through Law: Edward Said, the Gaza ‘War,’ and Advocacy Jurisprudence*

Richard Falk**

Prelude

My career as a teacher and writer on international law has been devoted to realigning law with justice, which involved identifying and deconstructing Orientalist biases that reflected early European tendencies to use law to advance geopolitical interests while simultaneously promoting a llegitimating ideology of civilizational and racial superiority with countries associated with the Global West.[1] Of notable prominence in this regard, was the use of international law to accord legal respectability to European colonialism, including settler colonial offshoots in North America, Australia, and New Zealand. Jurists played their part by validating colonial relationships and obscuring the cruelties of colonialist behavior in many settings, including the acceptance of practices and policies now proscribed as ‘genocide’ but were treated neutrally as falling into the domain of conflictual politics, that is, beyond the limits of legal accountability so long as the perpetrators were white Christains and the victoms were persons of color. Only when the victims were ‘European’ as with the Armenians (1915) and later, the Jews, was the idea of criminalizing such behavioral patterns given a name and taken seriously as ‘the crime of crimes.’ Yet the racist/civilizational elements have not been fully eradicated as the political violence in Gaza illustrates where the Palestinian victims are dehumanized and the Israeli perpetrators are given legal cover by speciously inapplicable claims of self-defense.

In the course of seeking concretely to align law with justice I often found greater inspiration and kinship less with my law colleagues in the Global West, with some notable exceptions, and more  with what we now identify as dissenting public intellectuals in such cognate disciplines as cultural studies, history, humanities, and social science. In this personal professional trajectory I found Edward Said’s work and public life to be inspirationally congenial as well as motivated by similar humanistic goals that I loosely associate with justice, an admittedly subjective category that needs to be explicated in concrete circumstances.[2]

There are admittedly unsettling features of such a jurisprudential standpoint. The epistemology underlying such a viewpoint adopts certain juridical points of light while rejecting others and interprets them in context, such as the prohibitions imposed on genocide, apartheid, and ecocide, or the Charter llimitations on the use of force in international relations. In almost every concrete instance there is room for contradictory interpretations of what the law prescribes, suggesting that all assertions of unlawfulness or humanistic claims of justice involve advocacy, either for or against fand seek distance from the artificial clarity insisted upon in mainly prevailing legal traditions that strive for an ideals of objectivity.[3] Those that do government lawyering, perhaps motivated by ideology, ethical conceptions, or notions of stability and balance, are similarly selective in interpreting facts and law so as to ensure that international law conforms to their preferred foreign policy commitments. Law functions in such settings as a source of justification, and the articulation of intellectual support in scholarly or journalistic settings is also premised on advocacy jurisprudence, although typically disguised for the sake of persuasiveness. Such work is performed by what might be called ‘assenting public intellectuals’ who characteristically have access to the most influential media platforms as well are welcomed in the corridors of government. To reverse the slogan of dissenters, it is a matter of ‘power talking truth,’ which perceived by oppositional tendencies in civil society as legal cover for state propaganda.

It is my intention here is to discuss law and geopolitics in the inflamed atmosphere of the ongoing high intensity violence taking place in Gaza, alleged to be a response to the Hamas attack in a series of Israeli border communities on October 7, 2023. Edward Said’s life and work as a Palestinian public intellectual living in America seems highly relevant to gain insight into my underlying objective of achieving a better alignment of law and justice. Justice is here conceived in a first approximation as overcoming the hegemomic, hierarchical, and racializing nature of international law in its historical, cultural, and political roles as validating the civilization behavior and biased of the Global West/ A second approximation by reference to contemporary instruments of international human rights law, international humanitarian law, international criminal law, as well as the Nuremberg Principle and certain provisions of the UN Charter.[4] A third approximation occurs when a judicial tribunal issues a judgment that draws conclusions as to the law on the basis of considering the positions advocated by the contending parties. A fourth approxiximation occurs at levels of enforcement and accountability.  

Without the strong support of Proofessor Giuliana Ziccardi, as the exceptional veteran editor of the Yearbook I would not have had the courage to attempt to link what was originally a lecture on the life and legacy of a great public intellectual in conjunction with my efforts to align law with justice in international public discourse and even more so in the behavior of sovereign states. 

Edward Said’s relevance

It would be insensitive to any remembrance of Edward to frame my reflections on his legacy without also highlighting the uncertain, presently unknowable significance of the extreme gravity of the historic tragedy deeply afflicting the entire, previously long abused civilian population of Gaza explained and now justified by Israel as a response to the Hamas attack of Oct 7th. With each passing day of devastation and atrocity associated with Israel’s military attack, the Hamas provocation, terrible as in its own way it was, it seems increasingly detached from Israel’s extended response. Israel tries to keep the connection to the attack relevant to its disproportionate response by stressing the plight of an estimated 240 or more hostages being held by Hamas, itself a distinct war crime, and by media reports about the deep fissures in Israeli confidence that they were living in a secure atmosphere.[5] Yet as far as public disclosure so far reveals, Israel’s government fails to negotiate a prisoner exchange, and engages in an an unlimited attack that does not seem to offer much of value in exchMy attempt is to reflect on Edward’s amazing legacy while contextualizing these remarks in the current agonizing encounter that are darkening the storm clouds that have long haunted the future of the Palestinian people.

A Few Words on Edward’s Life

When thinking about what aspects of Edward’s varied, vivid personality and wide range of valuable writings I first felt overwhelmed. I took the easy way out by deciding to speak somewhat generally about Edward’s extraordinary legacy that makes his life, ideas, and perspectives more relevant 20 years after his death than when he was alive. Few scholars gain by their publications Edward’s influential intellectual afterlife.

It is difficult to talk about Edward without understanding what he meant to convey in his praise for a dissenting ‘public intellectual.’ Edward’s wished to affirm those for whom their signature trait was truth-telling and bearing witnessing to performative evil, especially embodying the public authority and the power of the modern sovereign state.

In a revealing interview with Tariq Ali not long before Edward’s death he acknowledged some related worries particularly by what he called ‘the commodification’ of public intellectuals in the US, personified by the then media stardom of Henry Kissinger and Zbigniew Brzezinski, two smart persons who clearly antagonized him by using their screen time to advance an imperial agenda on behalf of their preferred American foreign policy. More generally, Said felt that the think tanks in Washington were stealing the thunder of progressive thought and the high quality of debate that he hoped to engender in university settings and academic writing. It is my sense that that we as citizens are daily exposed to a post-truth public discourse currently deployed, and relied upon, by many world leaders that is far more regressive and alienating than the deteriorating role of public intellectuals that had so concerned Said while he was still alive. Part of what makes this discourse historically now so menacing is that it is rarely challenged by high tech media even in the constitutional democracies that continue to proclaim their political virtues of welcoming debate and tolerating dissent, now best constued as an Orwellian trope that obscures more than it reveals.

It is impossible to consider Edward’s legacy without venturing comments on the experience and contents of his breakthrough book, Orientalism.[6] It was this book that brought Edward fame but also several (mis)readings that bothered him deeply. Edward’s culturally grounded erudite approachto the relations of the West to the Arab world was always nuanced, pointing to the diversities and cultural failings on both sides of the civilizational divide. This made reductive interpretations of such dualisms as speaking of ‘the Orient’ or generalizing about ‘the Orientalist’ deeply misleading. Of course, Edward may have contributed to the confusion by his hostility to Bernard Lewis and his Arabist acolytes’ presentations of the Islamic world. He found such cultural stereotypes well-suited to adoption by imperialists in the post-colonial West as a policy tool, but more because of their policy agenda than their embrace of negative stereotypes about the Arab world and its behavior. There were other scholarly voices in the West whose academic assessments Said found desrving of attention, and often congenial even if containing criticisms of various aspects of Arab behvior. In other words, not all who studied and wrote about the Arab world were guilty of the sins of Orientalism.

Said was most convincing when arguing that the literary works in colonial Europe gave a moral underpinning to colonizing mentalities. These works brilliantly analyzed by Said did, perhaps unwittingly, serve indirectly the dark designs of imperial activists, and still do. It was a major contribution of Orientalism to make many aware of the Orientalizing tendencies of those seeking to exploit the resources and manipulate the strategic outlook of Islamic World elites in the Middle East.

It is such an implicit framing of the Zionist movement of forced displacement and subjugation of the native resident population of Palestine that underpinned Said’s profound critique of Israel’s 1948 celebratory self-righteous narrative. This narrative for Palestinians will be forever memorialized as the nakba, of catastrophe and exclusion that was not only something that happened in 1948 but describes a process that has continued ever since, and is now is in the midst of one of its most traumatizing iterations. It is this Israeli sense of imperial destiny that is currently continuing the gruesome work of justifying forced displacement and dispossession of the Palestinian people living in northern Gaza, an undertaking done with distressing ferocity. The rationalizations emanating from Tel Aviv are situational, but the impact on Palestinian normalcy are similar, reawakening the nightmare of 1948. Yet in Orientalist centers of power of the West what shocks and angers most of the non-Western world as genocide is claimed to be permissible because characterized as a response to ‘terrorism.’[7] By the use of this word alone Israel frees itself from any need to claim it was acting within the law. Supposedly, the T-label confers on Israel a legal entitlement to forego any pretense that its response to the October 7 attack is proportional and properly restricted to military targets. Israel’s hasbara fictionalizes and distorts the realities of what is happening that either disseminates falsehoods or deflects attention from unpleasant truths.

In contrast, the Palestinians, and the Arab street and peoples of the Global Souh spread throughout the world, including many less educated people than the pro-Israeli policymakers in the West are not fooled. They are moved to take spontaneous action by fiery images of huge bombs dropped on crowded refugee camps and on hospitals filled to capacity with wounded or dead infants, children, and severely injured adults. The peoples of the world, including many in the Global West, are smart enough to believe what they see and put aside the propaganda that they hear, becoming enraged by the steady flow of lame excuses for atrocities put forward by apologists and genocidal ideologues in Israel and their powerful allies in the Global West.

As with Orientalism it would be perverse to address Edward’s legacy without revisiting his approach to Israel/Palestine struggle. The special resonance at this time is certainly worse than what Edward’s darkest imaginings anticipated when contemplating what was the future of Palestine and its people twenty years ago.

While Edward was alive, the unresolved conflict involving Palestine increasingly defined his identity as a public intellectual. As well, the sufferings of the Palestinian people caused him great personal anguish. Edward came to possess one of the few keys that if properly turned decades ago might have avoided much of the ensuing misery for both peoples, allowing Jews and Arabs, despite their historic missteps to learn to live together peacefully and justly, rather than engage in what has become a macabre death dance. Edward’s humanistic vision of what should and could have been now seems as remote as the most distant star in the galaxy.

The horrifying events of recent weeks in Gaza account for this less comprehensive treatment of Edward’s legacy, but is not meant to detract from the pertinence of Said’s legacy to the Palestinian fate. These days it would be escapism, indeed denialism, to downplay the preoccupying bloody atrocities occurring in Gaza. In my view, it is not only Palestinians that are the victims. By its recourse to overt genocidal behavior Israel and Zionism have also irreparably tarnished their reputation, and that of Jews generally, overshadowing the prior historic horrifying experiences of victimization endured by the Jewish people and modernizing successes of Israel. Critical observers long have understood that Israel’s gains were achieved at a great human cost. Israel is now putting itself at risk of being perceived the world over as the most disreputable pariah state of our time.

The catastrophic events daily unfolding in Gaza also encourage a departure from standard academic ways of remembering a cherished scholarly friend from a safe aesthetic distance. Previously I might have mentioned a few anecdotes that displayed Edward’s joie de vivre and essentially comic sense of life. He was great fun to be with despite frequently teasing friends and colleagues in challenging ways, especially expecting friends to do better, whether it was on a tennis court or by an engagement with the Palestinian struggle.

It was my good fortune that our lives touched one another at several levels. Such contacts were apart from the convergence of our shared political commitment to a just and sustainable peace between Israel and Palestine, and elsewhere. To begin with, we both had close ties to Princeton University (Edward thrilled my graduate seminar by taking over the class each year for one session, which had its downside as I had to teach those same students the following week). Edward’s political mentors, Eqbal Ahmad and Ibrahim Abu-Lughod were separately my close friends and the four of us formed a kind of braintrust on Palestine/Israel that met periodically in Edward’s Columbia office. Beyond this, we both over-indulged racquet sports pretending that their value in our lives was partly free psychotherapy. In addition, our children became friends. My first secret adolescent crush was inspired by the daughter of my father’s closest friend who mfany years later she married Edward’s PhD advisor at Harvard with whom he became a lifelong friend, with droll side effect of reconnecting me with this lapsed romantic phantasy of my youth.

Of course, there were also fundamental differences in our lives and identities, which seem relevant to the nature of Edward’s particular worldview and ways of ‘being-in-the-world’:

–Edward’s birth in Palestine, childhood in Egypt, and adulthood in America gave him that ‘out of place’ sense of exile that his early memoir made famous, an image which puzzled others who regarded him as a role model of super-success in academic America. Yet as his enticing autobiography makes plain his sense of not fully belonging anywhere, while emotionally confusing for him at times, allowed him to feel somewhat at home everywhere. This hybridity was integral to his envisioning of reality as combining an intense national outlook associated with his ethnicity to a high culture brand of humanist cosmopolitanism.

In contrast, I was spatially exclusively rooted in the American experience from birth, but as I grew to maturity, so much so as to tempt me to say that I was ‘out of place, in place.’ Gradually I became more marginalized almost to a point that could be labeled a form of voluntary ‘inner exile.’ This strange identity became even stranger when combined with a later sense of being a partial expatriate (mainly thanks to my Turkish wife and the time we annually spend together in Turkey);

–To summarize, Edward and I, in our different ways, despite our different life trajectories, were both inside/outsiders, never rejected by our surroundings but neither were we fully accepted or accepting; although ironically Edward increasingly nurtured and clarified his sense of belonging almost exclusively to the torments and dreams of the Palestinian nation, while I continuously diluted my taken-for-granted childhood sense of belonging to the American nation (and even more so to the American nation-state);

–undoubtedly the biggest difference between us was that Edward wrote Orientalism, with its worldwide persisting influence and impact, while I wrote books on international law that few read unless they were forced to do so by the few idiosyncratic progressive law teachers, always an endangered species in corridors of legal studies, at least in white settler colonial societies.

 Israel’s War Against the People of Gaza  

Despite the extreme grimness of the topic, as indicated, there is no responsible way to evade further commenting upon the horrifying Israeli response to the Hamas attack of October 7 as it relates to Edward’s legacy. This response dangerously reinforced by crucial diplomatic cheerleading and funding support by the United States, climaxing so far in the provocative movement of two aircraft carrier groups into the Eastern Mediterranean. Leading EU members along with the UK went out of their way to lend Israel a helping hand. In view of the ongoing genocidal saga in Gaza this is such a deeply disturbing and dangerous set of developments as to shape the present political consciousness of almost everyone. It has become as the bombs continue to fall in Gaza, especially in Middle Eastern venues, to consider anything other than this unfolding multi-dimensional crisis transparently and vividly portrayed day and night on TV, making the events in Gaaz the most globally transparent instance of genocide in all of human history.

I believe this change of emphasis from what I had originally intended is faithful to the personality, character, and commitment of Edward Said. He possessed remarkable gifts of merging analytical mastery with a passionate ethical/political immersion in the historical present. Confronting what is happening in Gaza, and how it illuminates what is wrong with Israel and the Global West would have certainly aroused in Edward the most intense response of outrage, not only directed at the genocidal policies animating Israel’s leaders cruelly carried out a series of massacres against a totally vulnerable and captive civilian population of Gaza. This ordeal is epitomized by the death, maiming, and traumatizing of every child of Gaza, an outcome of the documented bombing of hospitals, medical convoys, refugee camps, schools, UN buildings. This extreme devastation is further aggravated by the official blood curdling Israeli decree issued by Israel’s Minister of Defense a month ago that totally cut off all deliveries of food, electricity, and fuel to the already impoverished Gazan population, a community already heavily burdened by the world’s highest unemployment and poverty rates, a consequence of 16 years of an economy-crippling blockade. If this were not enough, the Israel attack was waged in a manner that accentuated these terrifying conditions, most unacceptably by the impossible forced evacuation ordering 1.1 million Palestinians in the northern half of Gaza Strip to abandon their homes and livelihoods to go South with no place to go, no safe way to get there, and once there with no place to live and no prospect of a job. This was a fiendish mandatory directive that could neither be followed nor ignored, a nightmare in real life beyond even Kafka’s darkest imagining.

I am quite sure that if Edward was addressing an audience anywhere in the world he would also vent his rage at the complicity of the US government and the refusal of the corporate media to fulfill its commitment to approach world news as if truth and reality were truly its mission. What we find in much of the top tier media in the West is a style of news coverage that is generally faithful to the biases of government policy that has been energetically promoting the dissemination of a pro-Israeli narrative throughout the ‘war’ on Gaza. These views are backed by belligerent government spokespersons and think tanks in Washington that continue even now to present the crime of ‘genocide’ as if it is an instance of justifiable ‘self-defense.’ Instead of giving some attention to responsible critics of Israel’s behavior, even realist mainstreamers like John Mearsheimer, Stephen Walt, and Anatol Lieven, the most respected TV news channels, such as CNN, repeatedly invite as their guests IDF spokesmen or leaders, and an endless stream of generals and Washington foreign policy experts in the West who tend to dwell on the tactical obstacles facing Israel’s unquestioned alleged mission of destroying Hamas as an organization and killing as many of its leaders as it can find. The commentary rarely complicates the portrayal of Hamas as ‘terrorists’ although it often meaninglessly and disingenuously cautions a defiant Israel to conduct its future operations within the limits set by international law and with due regard to the protection of civilians. This is a ridiculous bit of guidance given the complete failure to criticize Israel’s ongoing reliance day after day on Israel’s lawless tactics and decrees from its leaders that lend unquestioning support to the toxic action of its military forces, seem intent on inflicting devastating damage on the person and property of Gazan civilians with no established link to Hamas, and utterly contemptuous of critical voices.

If we are to gain a measure of objectivity it is necessary to deconstruct the main items of state propaganda that has muddied the waters of understanding Gaza violence throughout the Global West, while as noted not fooling the street protests throughout most of the rest of the world. Five points stand out in this regard:

     –first of all, the reductive presentation of Hamas as a terrorist organization when in fact it is the elected government of an Occupied Territory subject to the 4th Geneva Convention which outlines the obligations of the Occupying Power, with a special emphasis on the duty to protect the civilian population.

     –secondly, the manipulative identification of Hamas as nothing other than October 7 attack, which if it is as it seems to be, is certainly an undertaking, however provoked, fraught with extreme criminality and patent cruelly. The Hamas attack even if as barbaric in its execution as being portrayed, and on the basis of past reportage there is reason to be suspicious of Israeli battlefield justifications, overlooks other facts that more adequately delineate the true identity of Hamas. Hamas after being elected and taking control of the Gaza Strip from a corrupt and passive Fatah leadership associated with the Palestinian Authority has been administering Gaza since 2007 despite it being controlled by Israel as the world’s largest open air prison, its inmates further victimized by a punitive blockade years ago described by Israeli official advisors as explicitly implemented to keep all Gazans on a subsistence diet. Whatever else, Hamas is an elected political actor that since 2006 has been representing the people of Gaza, and as such is entitled to exercise rights of resistance although subject to limits set by international law.[8] Hamas earned legitimacy and Pa;estinian respect as a continuing and leading source of active resistance, something that has at least since Arafat’s death in 2004 eluded the international representation of the Palestinian people by the Palestinian Authority despite its well-known collaborative security relationship with Israel, especially resented in the West Bank in recent years.

It should be appreciated that the commission of a war crime, however heinous does not reduce a political actor to such an isolated act that make its reality reducible to an embodiment of terrorism. If this logic prevailed Israel would have been a terrorist movement from the early days of the Nakba in 1948, and many times over before and since.[9] Extreme crimes of a non-state and state actors were perpetrated by the Zionist movement before 1948, and by Israel subsequently. These documented crimes included ‘collective punishment’ (Article 33, Geneva IV) and ‘apartheid.’[10]

In the midst of the Israeli retaliatory fury the UN Secretary-General, Antonio Guterres, tried his best to overcome the good versus evil dualism of Israeli hasbara, as propagated in the West, by telling the assembled governments at the UN that the Hamas Attack, which he joined in strongly condemning, did not occur in a vacuum, which indirectly references Israeli crimes of oppression and Palestinian rights of resistance. For daring to speak truth to power Guterres was pilloried by Israel for suggesting, however mildly and indirectly, that Israel had severely provoked the people and Hamas leadership of Gaza for so long and cruelly that violent acts of resistance were the almost inevitable response, and as such called for self-scrutiny rather than a self-blinding orgy of vengeance. Once more Israel greeted criticism with an angry exaggerated response, demanding the resignation of Guterres and calling this self-evident truth a blood libel against the Jewish people. In this feverish pushback, it fortunately failed in its declared objective, and yet it achieved its most serious intended result of repudiating truth-telling and debate and shifting attention from the message to the messenger. What is remembered is not reminding governments of the context of the Hamas attack, but rather whether the call for the resignation of the Secretary-General was justified or not.

     –thirdly, even those seeking a post-Hamas role for the PLO and PA in Gaza with the status of being the sole continuing international representative of the Palestinian people, acknowledge an unspecified need for what is described as the ‘reconstituting’ of the PA. In coded language relying upon the abused word ‘moderate,’ it seems widely understood by Israel’s supporters as implying zero tolerance for the assertion of internationally certified legal rights of armed resistance and a low-profile advocacy of legal rights of Palestinians including the muting of objections to West Bank settlements and their further expansion. Such restrictions on Palestinian reactions to unlawful Israeli settlement expansion, land grabbing in the West Bank, and settler crimes against the occupied native population being carried out in an atmosphere of impunity and further often facilitated by the greenlighting of Israeli security forces to refrain from offering protection to Palestinians in the face of violent harrassment. Security restrictions imposed on West Bank political activity disappear when it is the Jewish settlers rather than the Palestinian residents that embark on a violent rampage that kills and wounds even those Palestinians who have sullenly adapted to their fate as a permanently oppressed people living according to the whims of an apartheid regime. It is instructive to compare Israel’s middle of the night terrorizing arrests carried out against stone-throwing children or their predatory attacks on Palestinian rituals associated with the harvesting of olives with the forbearance exhibited toward the lethal violence of the Jewish settlers;

     –fourthly, this settler phenomena, itself a direct, defiant, continuous, and massive violation of Article 49(6) of Geneva IV, is the current combat front line of Zionist militants who have long sought sovereign control over the West Bank, and its encouragement is directly subversive of any prospect of a two-strate solution, which despite this, remains the international mantra of advocates of a peaceful solution. One is led to wonder whether this advocacy is a cynical recogniztion of the futility of exerting real pressure on Israel or an example of evasive and naïve wishful thinking. In this sense, as with a skilled magician, some Israeli leaders seem content to have public attention preoccupied with Gaza rather than paying critical attention to the real endgame of Zionist maximalism, which centers on achieving Israeli sovereign control over the West Bank, the only part of ‘the promised land’ yet to be reabsorbed into the Jewish supremist, apartheid state of Israel. While we rightly weep over the acute suffering of the Gazans, we should also be taking a hard look at the simultaneous tolerance, more accurately interpreted as encouragement, by Israel’s leaders of escalating settler lethal violence and ethnic cleansing politics in the West Bank.

As with Gaza, the Israeli settlers are not shy about revealing their goals by way of menacing threats directed at the Palestinians. It went almost unnoticed in the Western media that after a recent violent settler demonstration in the West Bank, leaflets were affixed to Palestinian cars in the neighborhood with a simple chilling message ‘leave or we will kill you;’

     –fifthly, it needs to be stressed that the present unity government in Israel is put before the world as a temporary ‘war’ response to Oct. 7.  It was intended to underscore the war narrative, and the need to overcame earlier sharp divisions among Jews about the nature of the Israeli Jewish state. It seems true that the current unity government reflects a broad ethnic consensus among Israeli Jews that ‘vengeance’ without restraint was justified in response to the Hamas attack, and indeed alleged necessary if Israel was to avoid future attacks. More tangibly this meant for those so believing, finding an alternative to Hamas to administer Gaza in ways that curbed Palestinian militancy, whether from Hamas or other Palestinian groups of which Islamic Jihad is best known but not the only one. Liberal Zionists tend to argue that such a policing approach has almost no chance of succeeding on its own in restoring Israeli security unless tied to a peace proposal. To have any chance it needs to be combined with giving the Palestinian people a collective belief that a fair peace can be peacefully achieved within the framework of a two-state solution. Such an envisioned future presumes that Israel is finally prepared ‘to walk the walk’ of a two-state solution comprising at the very least inclusion of the West Bank and East Jerusalem as the capital of the new Palestinian state, as well of course as Gaza. As of now, such a future is the stuff of dreams, and lacks a grounding in the realities of either Israel or the US to be a viable political project.

I find this moderate option to be a totally dubious day after tomorrow scenario—most of all because the Netanyahu-led government emphatically doesn’t want it, and never has; it has almost been erased in our collective memory that the Netanyahu coalition that took control at the beginning of 2023 was generally described even in Washington as the most extremist government when it came to the Palestinians during the entire history of Israel. If Tel Aviv has its way, and now may have more latitude than in the past to establish ‘Greater Israel’ under the smokescreen of Gaza and geopolitical worries about a wider war further damaging the world economy and destructive of fragile regional stability. I firmly believe that this total rejection of Palestinian territorial grievances and rights under international law is at the core of Israel’s real Peace Plan.[11]

Even in the highly unlikely event that Netanyahu is forced to resign for his responsibility in the Oct 7 intelligence/security failure, and the Netanyahu extremist coalition government collapses, this kind of future for Israel/Palestine seems a non-starter. Over half a million settlers in the West Bank will fight Tel Aviv rather than having their expansionist ambitions thwarted by implementing any kind of agreement that requires a durable and humane accommodation with the Palestinians. At minimum a sustainable peace presupposes a Palestinian governing authority that has credibility with most Palestinians and a freeze on further settlement construction or more radically, arrangements for a coerced settler withdrawal to within Israel’s pre-1967 Israel borders. It would also necessitate an Israeli willingness to dismantle apartheid within its own state and implement rights of return for long languishing Palestinian refugees in neighboring countries. Even mentioning the magnitude of these adjustments suggests that liberal Zionists living around the world in secure diaspora conditions have little insight into Israel’s resolve to complete the Zionist Project on its terms, and to accept a variety of political costs associated with such an ambition.

As of now the most probable morning after tomorrow setting is likely to produce Israeli victory claims in Gaza, Hamas nominally replaced by a secular grouping of moderate secular Gazans Israel thinks it can rely upon, and a continuing Israeli effort to secure sovereign control in the West Bank, which implies further measure of ethnic cleansing and is virtually certain to produce a new cycle of Palestinian resistance. The Palestinian response if faced with such prospects will undoubtedly shape new modes and styles of resistance reinforced by a greatly increased global solidarity movements at the grassroots level of people, with the UN essentially silent, and even Western governments wary of continuing unconditional support of Israel. If resistance is sustained in effective initiatives, and complemented by greatly increased support from the region and world, it might signal moves among Israeli elites of the type that produced the South African transformative response to the growing pressure from internal resistance and external solidarity initiatives to dismantle apartheid and constitute a new government based on inclusive human rights, including a long deferred Palestinian right of self-determination.

The outcomes in Gaza and West Bank, although weakening Israel’s standing regionally and globally may have the perverse effect of stiffening the Israeli willingness to risk everything by mounting a final campaign to erase the Palestinian challenge, and not primarily in Gaza, once and for all, even if this means a consummated genocide. It will be up to the mobilized peoples of the region, of the Islamic state, and of the Global West to rise up sufficiently to prevent the fulfillment of such a scenario. At present, there is no sign of this happening, but if the present onslaught in Gaza continues much longer and is accompanied by rising violence in the West Bank such an outcome cannot be ruled out.

Geopolitical Ramifications of Israel’s Campaign in Gaza

A first line of reflection in reaction to this series of alarming developments, is to step back from the immediacy of Gaza, and to suggest the relevance of the global context within which these events have occurred. Before Oct 7 and after the Feb 24, 2022 Russian attack on Ukraine some thoughtful persons began to be conscious that a contested geopolical transition was underway that could affect drastically the world order that emerged after the fall of the Berlin Wall and the implosion of the Soviet Union. The outcome of such a transition could be something that either mitigated or aggravated the dangers of major warfare that were evident before Oct 7.

In the immediate aftermath of the end of the Cold War, there was a burst of enthusiasm in the West, not only for victory over the Soviet Union and what it stood for, but for a more peaceful and prosperous world order. Hopes were invested in a new kind of economistic global setting in which market forces associated with trade and investment would create a benevolent future for the whole world, geopolitical rivalries and militarism would recede, with peace and security anchored in the diplomatic and defensive military capabilities of the United States, given credibility by the war-prone foundation of ‘full-spectrum dominance.’ This sequel to the Cold War, often labeled ‘neoliberal globalization’ was preoccupied with the financialization of the world economy, with government responsibility for the wellbeing of people diminished, while a growing need to meet an ominous ecological challenge caused by the modern carbon-based economy and known to the public by the soothing words ‘climate change,’ a situation best handled by multilateralism, that is, cooperative problem-solving on a global scale.[12]

The real breakdown of this Global West vision came by way of a series of profound order-challenging developments: the spectacular rise of China between 1980 and 2020, the Russian return to the geopolitical stage, and the unresolved conflict between the Islamic world and the West playing out in the Middle East, with oil and Israel being the core issues. In these respects, the Ukraine War and the Gaza War are parallel pivotal developments in these confrontations between the forces of order and those of change that few persons remain reluctant to talk about. Those that champion a  post-colonial reenactment of Western world hegemony as the best attainable framework for peace and security that humanity tend to be advocates of victory over Russian designs in Ukraine,  restraint of China in relation to the future of Taiwan, and wish for Israeli success in overcoming Palestinian resistance the completion of the Zionist Project by way of the formal establishment of Greater Israel.

In effect, this is an argument in favor of a transition to a revival of a world order dominated by the interests, political rhetoric, and economic priorities of the Global West as presided over by a US-led coaltion. The was the case in the aftermath of the other two global transformations of the past century: the end of World War II and the fall of the Berlin Wall, each of which coincided with defeats of fascism and communism, rival ideologies with their own conflictual world order agendas.

If considered from this wider perspective, the current Gaza/West Bank ordeal should be viewed as a conflict that is not just about Israel and Palestine. It is a conflict about the stability and structure of the region upon which many countries in the Global West continue to depend in meeting their energy needs. It also showcases Western fears and hostilities toward Islamic pressures whether from migration or anti-Western radical forms of nationalism.

This may help explain why, beyond the influence of Zionism, the U.S. has so blindly and unconditionally thrown its support to Israel despite its aggressive and discrediting behavior that undermines trust in the quality of US world order leadership. Israel has managed so far to retain the visible assurance of Western support no matter what it does to the Palestinian people and however arrogantly it flouts international law and the UN Charter. This reflects its strength as a strategic asset of the West and also its extraordinary influence on the domestic political life of the US and UK.

Looked at from the opposite angle, Hamas struck on Oct 7 not only to remind Tel Aviv and the world that the Palestinians were not going to stand by quietly as their presence was being publicly erased. Erasure is what Netanyahu seemed to boast about when he flashed before the UNGA in September 2023 a map of ‘the new Middle East’ with Palestine erased as a territorial presence in the region. This ethnic erasure was given further concreteness at the muddying of the waters at the G20 in September 9-10, 2023 meeting in Delhi that projected a Middle East corridor from India to the Arab World. Such an undertaking was widely interpeted to assume normalization of relations with Israel and the removal of Palestinian grievances from any relevance to this new policy agenda of the region.

The Middle East role in this transition from the post-Cold War reality has been openly ideologized as a new and latest phase of the West’s historic struggle against a reconstituted ‘axis of evil’ which the French leader, Emmanuel Macron, advocated within the framework of anti-terrorism. He put forward this controversial interpretation of world political trends while on a solidarity October visit to Israel during the attack on Gaza, in effect an anti-Islamic coalition of the willing was so overtly proposed in mid-October. He sought to downplay his openly civilizational initiative as an ‘anti-Hamas coalition,’ claiming resemblances to the anti-Daesh (or ISIS) coalition that emerged as a reaction to the US/UK invasion and occupation of Iraq in 2003, which included the dismantling of Iraqi armed forces. Macron seemed to magnify the already terrible drama of good and evil playing out in Gaza by referencing the connections with Hezbollah and Houthis, but also Syria, and above all Iran. Perhaps, also, it was Macron’s way of ingratiating himself to his Israeli hosts by deflecting attention away from the terrible happenings in Gaza to a wider conflict in which Israel was managing the conflict zone on behalf of the West.

This recourse to a systemic explanation of the Hamas attack recalls the once fashionable ideas of Samuel Huntington who in 1993 alerted the world to an anticipated post-Cold War reconfiguration of world politics as ‘a clash of civilizations.’ Huntington expressed his doubts that peace would follow the end of the Cold War, believing rather in the emergence of a new cast of adversaries hostile to the Global West.[13] Such a civilizational encounter would reconfigure militarized conflict rather than promoting peace, justice, development, and ecological prudence to form the basis of post-1989 world order. If we step back from the transparent immediacy of horror generated by Israel’s targeting of hospitals, refugee camps, and UNRRA buildings in Gaza, and interpret the wider reaches of this violent drama our picture of what is strategically at stake is considerably enlarged. Taking account of the relevance of Hezbollah, Houthi, Syrian, and above all Iranian solidarity with Gaza, as reinforced by the persisting large protest rallies in the city streets in Islamic countries, and indeed throughout the Global South, Huntington’s expectations of 30 years ago seem to be a prophetic prelude to Macron’s initiative as well as to the 9/11 attacks. Huntington’s words resonate anew as they formerly did when articulated just after the Cold War “[n]ation-states remain the most powerful actors in world affairs, but the principal conflicts will occur between nationals and groups of different civilizations…The clash of civilizations will dominate global politics. The fault lines of civilizations will be the battle lines of the future.”[14]

Others have elsewhere observed that the conflict between Western civilization and  Islam has a lineage that goes back 1300 years. Huntington’s ideological ally at the time was none other than Bernard Lewis who introduced an Orientalist twist by demeaning the whole of Islam as “a culture of rage” portraying those of Islamic faith, in Edward Said’s words, as nothing other than “a neurotic sexualized being.”

In a further twist, the Hamas leadership rationalized its attack on Oct 7 as a necessary way of conveying to Israel that the Palestinians were not going to consent to erasure. Further, in an inversion of the Western images of the Arab as responding only to force [see Raphael Patel, The Arab Mind (1973, updated 2007], Hamas argues with apparent plausibility that Israel only responds to force, and that Palestinian were led to mount an attack to awaken Israelis to the resolve of the Palestinians to resist erasure.

These contrary images of this clash of civilizational mentalities serves as an illuminating, if unconscious, backdrop for Israel’s Minister of Defense, Yoav Gallant, disgusting language describing the battle against Gazans in words that will be long remembered in the annals of genocidal rhetoric: “We are fighting against human animals, and we will act accordingly.” To so overtly dehumanize Palestinians, as well as  its demeaning negation of animals, could make the often insurmountable challenge of establishing genocidal intent easy for prosecutors to meet. Of course, the quoted phrase is further incriminating as its role seemed a public explanation of why food, electricity, and fuel would be totally cut off from any form of transmission to Gaza. All in all Gallant’s notorious decree is fully consonant with Israel’s practices during this past month of violence. It also gains relevance by the failure of Netanyahu or other Israeli officials to modify or in any way soften Gallant’s self-incriminating language. What Galant said is consistent with other statements by Israeli leaders including Netanyahu and by IDF tactics and public rationales confirming such attitudes toward the whole of the Palestinian people.

There is little doubt that the outcome of these two ongoing ‘wars’ will deeply influence the prospects for the stability and acceptance of Western worldwide post-colonial and post-Cold War economic, political, and cultural patterns of hegemony. The hawkish interpretation insightfully, if indirectly, regards the active and undisguised complicity of the Western governments in relation to Gaza as a matter of grand strategy rather than as a testimonial to Zionist influence. This is important to understand, although in light of the rising chorus of moral/legal objections to Israel’s behavior in Gaza, it is rarely publicly acknowledged.

What is new with respect to Samuel Huntington sense of ‘the West against the rest’ was his failure to take note of the Islamic challenge being spearheaded by non-state actors adopting the pre-modern means of combat at their disposal and largely focused on resisting further Western penetration rather than through violence overseas as was the onetime tactic of Al-Qaeda. What 9/11 and later Islamic jihadism added was a religious rationale to resistance and conflict with the West whose identity took largely non-state forms. In effect, the  geopolitically phrased assessments of Huntington acquired a moral fervor.

Instead of waging a geopolitical war to determine global power alignments, the war against Hamas can be, as Macron intimated, also internalized giving a fresh stimulus to European Islamophobia and anti-migrant politics. Even during the Cold War the Russians were never demonized as a people or was their civilization demeaned, partly because they were after all white Christians not ‘human animals.’

A politics of demonization, although used in an inflammatory way by Biden in relation to Ukraine, was confined to the person of Vladimir Putin. The main argument consisted of self-serving legalistic rationalizations for defending Ukraine, while excluding from consideration such contextual issues as prior internal violence against the Russian-oriented minority in the Donbas oblasts along with Kyiv’s repudiation of the Minsk 2014-15 agreements, and NATO’s increased engagement with the country’s security policies after the Maidan Coup in 2015.

There are revealing similarities in the Global West responses to these two violent conflicts that are bound to have transformative influences on the future of peace and security in the world. Those who favor a strong material and diplomatic commitment to Ukraine, as with those showing unconditional support of Israel, become hysterical if provocations of Russian aggression or the pre-history of the Hamas attack are taken seriously into account. This is because a fair appraisal of these two contexts subverts the high ground of moral purity and political justification implicit in the militarist modes of response, as well as rendering ambiguous the presume clarity of the claimed legal right of self-defense in the two instances.

The supposedly humanistic President of Israel,  Isaac Herzog, adopted the good versus evil framework of Netanyahu that refuses to make the slightest concession to the realities witnessed by the peoples of world. Herzog’s entire effort was to draw the sharpest possible distinction between Israel as the agent of a humane future for all and the Palestinians as the exemplification of the worldview of their barbaric adversary. His words featured as a guest opinion piece in the NY Time are an example of the one-eyed crusading civilizing vision that a broad spectrum of Israelis endorse:

Against our will, we in Israel find ourselves at a tipping point for the Middle East and for the world and at the center of what is nothing less than an existential struggle. This is not a battle between Jews and Muslims. And it is not just between Israel and Hamas. It is between those who adhere to norms of humanity and those practicing a barbarism that has no place in the modern world.[15]

It would seem, at this point, that what is being endorsed in the West, is a second coming of the ‘clash of civilizations’ worldview as further embellished by invoking the dualism of good and evil. It is blended with a last-ditch effort to sustain the unipolar geopolitical alignment that emerged after the Cold War amid a world beset by ecological instabilities as never before. Biden made a lame effort to ideologize the latter stages of the post-Cold War atmosphere by describing the current era as an epic global struggle between ‘democracies’ and ‘autocracies,’ but it was largely ignored as the claim was beset by obvious empirical contradictions of inclusion and exclusion.

The outcome in Gaza for Israel also has major implications for the region and world, including possibly inducing a normalizing diplomacy with Iran, and greater respect for the norms of non-intervention in internal societies, especially Muslim majority countries in closer conformity to Article 2(7) of the UN Charter. All things considered, the world will be safer and more secure if the politics of self-determination are managed nationally rather than by a US-led NATO directorate. As well, a positive reappraisal of conflict-avoiding invisible geopolitical fault lines such as were the pragmatic contribution of World War II diplomats at Yalta and Potsdam, and their renewal in the present altered circumstances of seeking conflict management.

Some Alternative Futures for Israel/Palestine

Against this geopolitical background, it seems now appropriate to make conjectures about what sort of future will emerge the violence in Gaza and how it might shape the destiny of Palestinians and Israelis, including the roles will be played by regional and global forces.

As the bombs continue to fall and rockets fill the air in Gaza, some reaching Israel, various ideas are being advanced by outsiders about probable and desirable futures. Three future patterns emerge at this from the rubble and the rising death toll:

–the pessimist’s future: Israel despite alienating people throughout the world retains sufficient hard power leverage to win the peace, establishing a Greater Israel that incorporates the West Bank, reconstitutes the governance of Gaza under a Palestinian Authority leadership to serve as the sole representative of the Palestinian people, possibly even looking to recognize a Gaza micro-state as ‘Palestine.’ I think that this outcome would not satisfy internal or international demands for an acceptable Palestinian solution, and would not end or even mitigate the apartheid nature of present Israeli governance or inhibit resistance activities on the Palestinian side;

–utopian envisioning: holding Israel responsible for the criminality of its Gaza campaign, requiring accountability of the main perpetrators for their crimes and imposing reparations for damage done to Palestinians homes and property; acknowledgement by the Israeli President and Prime Minister of the historic wrongs done to the Palestinian people by the Nakba and subsequent abuses, a point stressed by Edward Said and others with the accompanying sentiment ‘There will never be peace until there is such an acknowledgement is made.” Democratic secularism in a unified or co-existing states based on no ethnic nor religious criteria, featuring democratic elections, and human rights. A right of return of all Palestinian refugees and their descendants. Zionism would revert to the Balfour ethnic pledge of a Jewish ‘homeland’ but no state. The fact that something analogous along these lines happened in South Africa suggests that it could happen in Israel/Palestine, but it seems far beyond the reach of practical politics at present, although the Israeli NGO, International Committee Against Housing Demolition (ICAHD) has circulated a roughly comparable proposal in early November 2023;

–stalemate renewed: a return to the status quo preceding the Hamas attacks, with modifications, but apartheid, border control and blockade roughly as before, resistance continues, global solidarity intensifies in ways that gradually shift the balance of forces in a Palestinian.

None of the Oslo hype clouds the present search for final outcomes of the Palestinian struggle to attain its long denied basic rights as a people and nation. Yet for the foreseeable future the outlook for peace remains dark, including in, maybe especially in Israel.

Concluding Remarks

I would like to believe that Edward would have agreed with most of what I have said, although among his many virtues, was that of intellectual independence, which on occasion could be experienced as a certain cantankerousness. It is entirely possible that after Edward listened to these remarks would approach me after these remarks with a scowl and his half ironic, half serious putdown:  ‘Richard, you can’t be serious.’

Despite my intention to be engaged, my words may still have come across as too academic. Yet I must reaffirm that the events of the last month have resulted in the most tormenting emotions that I have ever experienced in reaction to public events. I confess that to some, my rather academic style may seem designed to hide partisanship. To counter such an impression I will conclude by removing any doubt as to where I stand.

I firmly believe that this is a time for persons of conscience to take action as well as to pierce the propaganda manipulating feelings, perceptions, and allegiances

It is past time to confront the double standards and moral hypocrisy of the Global West’

It is also a time to mourn and grieve the terrible human costs endured by the people of Gaza, but also a time to show solidarity with those seeking peace and justice at great risk

And finally, this is a time to repudiate the horrors of warfare and political violence, the disgrace of genocide, and better arrange our lives and organize our collective endeavors on the power of love, courage, struggle, justice, and hope.

Concluding Remarks

As jurist, citizen, and human rights activist, the issues of aligning law in the books with justice in the life of Palestinians has both tested my commitment to a word order in which law and justice become closely aligned. This cannot happen so long as the UN and the management of power and security is left to the priorities of geopolitical actors, at present the US, China, and Russia, particularly if their relations are strained by the emergent struggles particularly evident in relation to Ukraine and Taiwan. The US seeks to retain the unipoarity—that is, the exclusion of other geopolitical aspirants from the managerial roles of global security—in the face of growing challenges not only from Russia and China, but also from the BRICs and a realigned Global South.

The lives of dissenting public intellectuals whether rooted in the scholarship of the humanities, at which Edward Said excelled, or the academic engagements of a social scientist devoted to the alighment of law and justice, the imperatives of values, thought, and action need to be fused and their impact on governmental and UN actors dramatically increased if world order challenges are to have any chance of being addressed in humane and effective ways. In a constructive sense, all legal analysis rests upon disclosed or suppressed what I have characterized as ‘advocaacy jurisprudence.’ Such an assertion builds on the work of legal realism and critical legal studies, and in keeping with the Lasswell/McDougal explicit endorsement of liberal constitutionalism as the guiding principle of constructing legal outcomes, although slightly disguised by their claim of a scientific social science epistemological foundation for their normative preferences.


* Adapted from Edward W Said Memorial Lecture: The Enduring Legacies of Edward Said

The American University in Cairo, Nov. 4, 2023


[1] My jurisprudential orientation accords with and is influenced by Noura Erakat pathbreaking JUSTICE FOR SOME: LAW AND THE QUESTION OF PALESTINE (2019)

[2] Others I would mention in the ssame spirit are Noam Chomsky, Daniel Ellsberg, Cornel West, David Ray Griffin, and from a distance, Albert Camus, Jean-Paul Sartre, Bertand Russell, Mohatma Gandhi, and Martin Buber. Within my disciplinary orientation of international law, I found the critical work and normative perspectives of TWAIL (Third World Approaches to International Llaw) as a compatible complement to the work of jurists in the Global West working toward a similar realignment of law and justice as are dissenting public intellectuals. In this regard I would mention Asli Bali, Noura Erakat, Darryl Lee, Lisa Hajjar, Victor Kattan, and Penny Green as currently active examples in the US/UK setting.

[3] See the influential writings of Hans Kelsen and the many conscious or unconscious Kelsenites. Also relevant is the writing of Max Weber trying to curtail the influence of religion in policy formation and give way to Enlightenment values privileging science. In some attempts to objectify a preferential set of values the issue of subjectivity is shifted but not eliminated. See Hans Kelsen, Principles of International Law (2003) The most notable undertaking of this sort was attempted by the New Haven School of International Law, as principally propounded by Harold Lasswell & Myres S. McDougal at Yale Law School. See their Jurisprudence for a Free Society (1991)

[4] By ‘first approximation’ I want to again emphasize that legal norms are not self-elucidating. Their ambiguity is

somewhat arbitrarily overcome by leaving the authority to finalize the interpretation of norms to judicial bodies.

The dissatisfaction among liberals about the outlook and judgments of the US Supreme court in recent years reveals tensions in the alignment between law and justice. During the Warren Court it was political conservatives that were distressed by what they regarded as misalignment of law and justice. 

[5] There are enough discrepancies between the initial Israeli account of the Hamas attack and what actually happened on Oct 7 to support the appointment of an international commission should be arranged to produce a trusted objective and comprehensive account of what actually happened on that tragically eventful day.

[6] Edward W. Said, Orientalism (1978)

[7] No words in political discourse are more manipulated than are ‘genocide’ and ‘terrorism.’ The former

to criminalize dehumanizing behavior, while the later suspends the laws of war be dehumanizing those

that use political violence as an instrument of armed struggle, with more or less justification.

[8] Although indefinite in its contours, international law authrorizes armed resistance to oppressive rule. See UN General Assembly Res. 2625 (1975).This makes the Hamas attack to be a hybrid event, both containing war crimes and a resistance rationale. This rationale points to the failure to find a peaceful solution after more than 75 years.

[9] See Thomas Suarez, How Terrorism Created Modern Israel (2016)

[10] See Convention on the Prevention and Punishment of the International Crime of Apartheid, 1973; recently documented by Michael Lynk 2021 report to the HRC in his role as SR, Michael Lynk in Richard Falk, John Dugard, Michael Lynk, PROTECTING HUMAN RIGHTS IN OCCUPIED PALESTINE: WORKING THROUGH THE UNITED NATIONS (2023), 297-312; also the authoritative reports of the UN’s ESCWA, and NGOs Human Rights Watch, Amnesty International, and B’Tselem.

[11] This reasoning of mine should be compared to the proposals published on October 22, 2023 in Foreign Affairs by the former PA Prime Minister, Fayyad Salam ideas.

[12] For ellaboration see Richard Falk, PREDATORY GLOBALIZATION: A CRITIQUE (2001)

[13] Samuel P. Huntington, “The Clash of Civilizations,” Foreign Affairs 72: 22-49 (1993)

[14] Ibid, Note 13.

[15] The President of Israel: Isaac Herzog, “This Is Not a Battle Just Between Israel and Hamas,” NY Times, Nov. 3, 2023.