Tag Archives: state terrorism

State Terrorism: Remembering General Soleimani

8 Jan

[Prefatory Note: 2020 hardly began when the news reported the shocking MQ9 Reaper Drone assassination of General Qassim Soleimani on Januarary 3rd shortly after he landed at the Baghdad Airport to begin a discreet diplomatic mission to reduce tensions between Iran and Saudi Arabia. At the time, I felt this was provocative and self-defeating, as well as unlawful and criminal, as to deed and precedent. After a year those initial reactions seem even more appropriate than they did at the time. If the United States is setting the operative rules of world politics it is doing itself no positive service by such behavior, and with drones proliferating at a rapid rate, encouraging forces of disorder, whether governments or political movements. Published below are two efforts of mine to comprehend the many facets of this most unfortunate and humanly tragic incident, which was reinforced by the apparent Mossad murder by remotely controlled explosives of the senior Iranian nuclear scientist Mohsen Fakhrizadeh on November 27th while driving in a suburb of Tehran. The first selection is a short essay entitled ‘Remembering General Soleimani,’ and the second is an interview titled Responses Questions of Tasnim News Agency on the 1st anniversary of General Qassim Soleimani’s Assassination by U.S. drone on 3 Jan 2020.]

Remembering General Qassim Soleimani

This first anniversary of the assassination of General Qassim Soleimani, provides an occasion to remember not only the man but the nature of the act, the precedent set, and degree to which Iran and the region have become the main hunting ground of post-colonial Western imperialism. It is also relevant to take note of Mossad’s apparent responsibility for the   targeted killing of Iran’s leading nuclear scientist, Mohsen Fakhrizadeh, ten months later. Although for the world 2020 will be primarily remembered for the COVID-19 pandemic, but for Iranians, although themselves hard hit by the virus further aggravated by U.S. sanctions maintained despite many international humanitarian pleas, the year will be long primarily associated with these acts of state terror.

Without shame or even the typical ruse of ‘deniability,’ Donald Trump made no secret of his role in ordering, and even claiming credit for the killing of General Soleimani, while this stateman/military commander was arriving in Baghdad at the invitation of the Prime Minister of Iraq, Adil Abdul Mehdi, apparently to engage in discussions with Iraqi and Saudi Arabian officials with the purpose of deescalating regional tensions. Trump claimed without the slightest proof that killing Soleimani staved off an imminent attack on American diplomatic facilities. As the UN Special Rapporteur for Extrajudicial and Arbitrary Executions, Agnés Callimard, made clear in an official Human Rights Council report concentrating on this event that the use drone weaponry to assassinate a top leader of a foreign country, without presenting a shred of evidence for the purported U.S. justification that there existed a threat of an attack on American diplomatic facilities, is more serious than a violation of international human rights law. According to her report the assassination amounts to ‘an act of war’ that violated the core norm of the UN Charter, which in Article 2(4) prohibits recourse to aggressive forms of international force. The world is fortunate that Iran did not exercise its defensive rights beyond a gesture of retaliation that caused no fatalities. The fact that the assassination occurred in Iraq, a third country, without the consent of the government was a further aggravating factor. It continues to produce calls for the withdrawal of U.S. armed forces from the country, and has bolstered those Iraqi forces demanding an end to the U.S. occupation that began more than 17 years ago.

There are additional lessons to be learned in thinking about the life and death of General Soleimani. An important lesson for Americans is to appreciate the degree to which tying their role in the Middle East to Israeli priorities brings negative consequences for the wider national interests in the region. The most important achievement of General Soleimani was to be the most effective anti-ISIS leader in the struggle against extremist barbarism in the region, which built upon his earlier efforts to weaken the Taliban in Afghanistan. In effect, the only real threat to legitimate American security interests came from ISIS, and earlier Al Qaeda. Seen in this light, to regard Iran as Enemy #1 was to misinterpret U.S. interests, and to perpetuate earlier mistakes in grand strategy, above all the 2003 attack and subsequent occupation of Iraq, in ways that were extremely costly in lives, expenses, and reputation, while producing a political outcome that realized none of the goals of this military (mis)adventure. If U.S interests in the Middle East were appraised free from distortions attributable to the Israeli lobby and the pro-Israeli bureaucracy in Washington, Netanyahu’s leverage in Washington would not exist, and long ago the U.S. Government would have taken the sensible step of normalizing relations with Iran, which would have diminished chaos and tensions thoughout the entire MENA region.

I believe that Obama arrived at the White House with the intention to achieve this reset of U.S./Iran relation. Obama tried skillfully to move out of a policy orbit shaped in Tel Aviv and Riyadh, angering the Israeli leadership to such an extent that the Trump presidency, despite its overall irresponsibility, was enthusiastically embraced by an Israel extremely displeased with the Obama effort despite its limited results. What Obama tried to do was to remove anxieties about Iran’s nuclear program in exchange for the removal of sanctions, formalized in the Joint Comprehensive Program of Comprehensive Action (JCPOA) agreement unanimously supported by the P-5 membership of the Security Council plus Germany in 2015. I was surprised at the time that Iran was willing to accept a diplomatic outcome that curtailed its nuclear program without raising objections to Israel’s arsenal of nuclear weapons. Nevertheless, for Israel and Saudi Arabia JCPOA was treated as a betrayal, and Trump re-bonded with these two states by repudiating and then withdrawing from this breakthrough agreement in 2018. Without question Trump seemed motivated to undo this major diplomatic achievement by his predecessor as president to dramatize his anachronistic commitment to an ‘America First’ foreign policy that rejected internationalism in all its forms. Trump also withdrew from the Paris Climate Change Agreement for similar anti-Obama, ultra-nationalist reasons.

We are led to wonder, with the advent of the Biden presidency, whether the Obama approach will be restored with respect to Iran, and if so, in what manner and with what effort to balance such an accommodating diplomacy with Iran while trying not to upset Israeli support groups too much, having witnessed at close range Israel’s dirty pushback tactics. The litmus test of Baden’s diplomacy will be revealed by whether Washington insists on more stringent limitations on Iran’s nuclear enrichment capabilities, and even more so, if it links its renewed participation in the JCPOA with a demand that Iran disavow its regional diplomacy in such countries as Syria, Yemen, and Lebanon. Such one-sided enlargements of the scope of what is agreed beyond its nuclear program is highly unlikely to be acceptable in Iran, and for good reasons, given the interventions of Saudi Arabia and Israel in these conflicts. This anticipated reluctance would also antagonize hardline opinions in Iran, and likely partly express a lingering resentment about the targeted killing of General Soleimani, an individual who was not only beloved and revered by the Iranian people but was considered an extremely promising future president for the country, someone regarded by close Iranian observers as second in importance only to the Supreme Guide, who was beloved by Ayatollah Ali Khamenei.  

Q1: As you know, the US assassinated Lieutenant General Soleimani, the commander of the Quds Force of the Islamic Revolution Guards Corps (IRGC), along with Abu Mahdi al-Muhandis, deputy head of Iraq’s Hashd al-Sha’abi, and their companions by targeting their vehicles outside Baghdad International Airport on January 3. The act of terror was carried out under the direction of Trump, with the Pentagon taking responsibility for the strike. How do you see the role of Israel, Saudi Arabia, and certain Arab states in the region in killing?

R1: I have no inside information on the undisclosed connections between the states mentioned in the question and the assassination of Lieut. General Soleimani, but offer some generalizations based on the public reactions of these governments to the event and their general approach to the confrontation with Iran. Two things are clear. First, Israel and Saudi Arabia officially and explicitly welcomed the killing of Gen. Soleimani for reasons different than those put forward by the United States, while disavowing any connection with the event; secondly, the Arab governments, and even some Israeli strategists, acknowledged being wary of the possible consequences associated with feared Iranian retaliations and a regional escalation of tensions. It seemed that the most respected analysts of Israeli security interests were urging their government to do its utmost to deescalate the confrontational approach that had been previously advocated. Such moderating moves seemed to reflect an awareness of the vulnerabilities of Israel and the Gulf countries to Iranian missile attacks and overall worries about regime security. With these considerations in mind, it makes sense that these governments insisted that the U.S. acted on its own, without prior consultation or encouragement. Some reports in the Arab media alleged that Qatar should be viewed as complicit because the drone that responsible for this act of state terror was apparently launched from the U.S. Udeid air base in their country, but there was no indication of any advanced knowledge, much less participation, by Qatar before the attack was launched. The apparent reconciliation between Qatar and the Saudi-led Gulf coalition at the start of 2021 may also be interpreted as part of this moderating trend, perhaps also a cautionary reaction to the defeat of Trump’s bid for reelection and uncertainties associated with how Biden will approach the region.

Of great concern is the failure of the United Nations, especially the Security Council, to condemn the event. The UN Special Rapporteur for Extrajudicial, Summary, or Arbitrary Executions, Agnés Callamard, did issue a report on July 6, 2020 that concluded that the targeted killing of such a prominent military leader as General Soleimani was not only a violation of international human rights law, but ‘an act of war’ that violated Article 2(4) of the UN Charter. This important report does highlight the use of drones as creating a class of weaponry that erodes the distinction between war and peace, and creates a threat to all countries and their population. The international tolerance of such state behavior is totally unacceptable, aggravated in this instance by being openly authorized by the head of state of a Permanent Member of the UN Security Council. The rapid proliferation of attack drones also adds a destabilizing dimension that makes the Soleimani killing a particularly dangerous precedent.

In short, for Israel the elimination of Iran’s most effective military commander was viewed as reducing the security threat posed by Iran’s regional influence in Syria, Yemen, Iraq, Lebanon, supposedly surrounding Israel with unpredictable political forces. Eliminating the architect of Iran’s regional influence was viewed as a positive  development from the perspective of Israeli security that deems itself as virtually ‘at war’ with Iran. Yet even some Israeli strategic commentary at the time of the assassination tended to worry about such a high-profile assassination being treated as an ‘act of war’ by Iran intensifying risks of an unwanted all out conflict urging, contrary to Trump and Netanyahu, offsetting concessions to Iran. Some Israeli security experts urged the unconditional revival of the JCPOA deal relating to Iran’s nuclear program and even the elimination of sanctions.

For Saudi Arabia, in particular, although insisting that it had no role in the assassination viewed it partly through the perspective of finally overcoming Trump’s refusal to respond to the psychologically and material damaging September 2019 drone attack on the state-owned Aramco oil facilities in Abqaiq and Ehurais located in eastern Saudi Arabia. These attacks although emanating from Yemen were attributed to Iran, at least indirectly. In this regard, the assassination was interpreted as responsive to the Saudi (and Israeli) criticisms of the Obama presidency’s moves toward normalization with Iran, as well as of Trump’s allegedly timid responses to prior provocations and some concern that withdrawals of American forces from Iraq, which was viewed with alarm as the beginning of U.S. strategic disengagement from the region.

 Q2: General Soleimani is viewed by the world’s freedom-seeking people as the key figure in defeating Daesh/ISIS, the world’s most notorious terrorist group, in the Middle East battles. What are your thoughts on Gen. Soleimani’s character and his role in fighting terrorism?

R2: I am aware of the revered status of Gen. Soleimani for his various roles in defense of the Iranian Revolution and in opposition to the spread of U.S. and Israeli influence in the region. He had that rare quality of being a military commander whose intelligence and political leadership were widely appreciated at all levels of Iranian society, from the Supreme Guide to the Iranian citizenry. Over the course of the last ten years there have been many reports that he was being urged to become a presidential candidate in Iran. It is significant in my view that Gen. Soleimani was killed while on a diplomatic mission mediated by Iraq to reduce tensions between Iran and Saudi Arabia. There is no reason to believe that the assassination was timed to disrupt such a move, but its occurrence surely had the effect of intensifying regional tensions in a highly provocative, lawless manner that generated widespread calls in Iran and Iraq for revenge and retaliation. Iran has formally issued a warrant for the arrest of Trump on charges of premeditated murder, which according to the Iranian penal code imposes a death sentence. Iran has asked Intepol for assistance in inducing police forces around the world to implement the arrest warrant.

By and large, commentators on the assassination in the West, including critics of Trump’s presidency, viewed the event from a narrow American perspective. This meant highlighting Gen. Soleimani’s role both in Iraqi violent resistance to the American occupation and in giving overall help to the general opposition throughout the region to Washington’s strategic priorities, including Hezbollah and Hamas, the Damascus government, and the Houthi insurgency in Yemen. What was not stressed, and rarely acknowledged, was Gen. Soleimani extremely effective role not only in defeating Daesh (or ISIS) in the Syria and Iraq, but also in temporarily neutralizing the Taliban in Afghanistan. As the Mossad official, Yossi Alpher, correctly noted of the fallen military leader: “He was a highly intelligent strategic thinker who understood how to wage asymmetric warfare.” Contrast this assessment with the words of Thomas Friedman, the liberal icon of American journalism, writing in an opinion piece published in the immediate aftermath of the event. Friedman praised Trump for ordering the assassination of “possibly the dumbest man in Iran and the most overrated strategist in the Middle East.” [“Trump Kills Iran’s Most Overrated Warrior,” Jan. 3, 2020.] Why dumb? Because Gen. Soleimani role in expanding Iran’s regional resistance to U.S. regional interventions prompted Washington to take major countermeasures that had an overall disastrous impact on Iran. In effect, the United States’ imperial role was legitimate, and to challenge it, was not only illegitimate but self-defeating as the killing of their leading military commander demonstrates. 

Viewing Gen. Soleimani’s role more objectively, a larger geopolitical distortion is revealed. The United States real security concerns over the course of the past twenty years were associated with eliminating threats of transnational extremist violence that culminated in the 9/11 attacks on the World Trade Center and Pentagon in 2001. It is only through an acceptance of Israel’s and the Gulf monarchies’ regional priorities that made rational either the attack on Iraq in 2003 or the repeated efforts to destabilize Iran. To some extent Obama did somewhat recognize that reaching an accommodation with Iran and continuing to support the national security of Israel were not necessarily contradictory. In contrast, Trump, whether wittingly or not, subordinates U.S. national interests to the Israeli/Gulf sectarian view of Middle East politics. At this point, with the imminent prospect of Biden’s presidency there is reason to be cautiously hopeful about the formulation of a policy for the Middle East that is more coherent, less Israeli driven, less guided by impulse, and more oriented toward achieving stability rather than seeking ‘solutions’ based on coercive diplomacy.

Q3: How do you see the future of the region after the assassination of Gen. Soleimani? Do you think that foreign troops including the US forces will be forced out of the region and Iraq at people’s will?

R3: The turmoil throughout the region, along with interventions by geopolitical actors, makes predictions hazardous. There are some encouraging indications that Biden seeks to revive JCPOA as soon as possible and seeks order and moderation throughout the Middle East. Such post-Trump modifications will not be undertaken without taking Israel’s views into account, but to what extent is at present unknown. Israel will certainly try its best to condition the renewal of American participation in JCPOA on imposing new, more stringently restrictions on Iran’s nuclear program. Israel is also likely to insist that the U.S. receive assurances from Iran that it will no longer extend material support Islamic political tendencies in the region as exemplified by Hezbollah and Hamas. Upholding such assurances would be correlated with reducing sanctions. It seems unlikely that Iran would be willing to end its support for self-determination and human rights in Israel/Palestine, Yemen, and Lebanon, and more controversially, governmental legitimacy and counterinsurgency in Syria. And if such a political surrender were to be accepted by Iran’s current elected leadership, it would be effectively challenged from within the country.

The Arab acceptance of normalization agreements with Israel are not likely to be challenged by the Biden presidency, although brought about by American inducements, including advanced weaponry and a greater commitment of the U.S. to extend its security protection beyond Israel. In this regard, should a second Arab Spring occur in Gulf countries or Egypt, it is likely that Washington will more overtly side with the established order, no matter how repressive.

Of relevance as well is whether China and Russia will play more active diplomatic roles in the region, either seeking alignment or as offering an alternative to the American imperial presence. Such speculation depends in part on whether the U.S. adopts confrontational approaches to Russia in relation to Ukraine and Crimea and to China with respect to international trade relations and tensions in the South China Seas. Unless the U.S. disengages from its reliance on global militarism as the basis of its foreign policy, which seems highly unlikely, there are almost certain to be troubled waters in many parts of the world, including the Middle East. More than Trump, the Biden presidency is likely to adopt a foreign policy of the sort that resurrects the ‘bipartisan consensus’ that was borne shortly after the World War II, and persisted throughout the long Cold War. The essence of this consensus is the exaggeration of security threats so as to justify political support for high peacetime military budgets.

It is finally possible that energy geopolitics will also exert an influence over how relations with Iran evolve. It seems to serve OPEC’s interest to restrict Iran’s energy export markets, but if European or Asian demands rise, the reintegration of Iran in the world economy is like to receive strong backing that could change the balance in the Middle East, especially if confrontation with China dominates U.S. foreign policy in the years ahead. 

From Counterterrorism to Geopolitics: Reviving the U.S. Deep State

25 Dec

[Prefatory Note: The challenge of transnational non-state violence, what the media dutifully criminalizes as ‘terrorism’ while whitewashing the abuses of state and state-sponsored violence as ‘counterterrorism’ or exercises of every state to act in self-defense. Language matters as those who wanted to sugarcoat ‘torture’ by such phrases as ‘enhanced interrogation.’ The pendulum of U.S. foreign policy is swinging back in the direction of geopolitical confrontation, given the prospects of the Biden presidency. Although it is the highest political priority to be done with Trump and Trumpism, the renewal of ‘bipartisan foreign policy’ under the guidance of the American version of the deep state is not good news. It could mean a new cold war tilted toward China, but with different alignments, possibly including Russia, filled with risk and justification for continuing overinvestment in a militarized approach to national security causing a continuing underinvestment in human security, exposing the root cause of American imperial decline. The post below addresses some of these issues, and was published in the Tehran Times (17 Dec 2020).]

From Counterterrorism to Geopolitics: Reviving the U.S. Deep State

  1. In 1972, a specialized Committee on Terrorism was set up at the United Nations, and member states made great efforts to provide appropriate definitions of international terrorism, but due to intense political differences, the actual definition of international terrorism and comprehensive conventions in practice was impossible. Security Council Resolution 1373 was the most serious attempt to define terrorism after 9/11, which evolved into UN Security Council Resolution 1535. Despite providing a definition of terrorism, countries approach it differently. What is the reason?

There exists a basic split between those political actors that seek to define ‘terrorism’ as anti-state violence by non-state actors and those actors that seek to define terrorism as violence directed at innocent civilians, regardless of the identity of the perpetrator. The latter approach to the definition reaches targeted or indiscriminate violence directed at civilians even if the state is the perpetrator. States that act beyond their borders to fulfill counterrevolutionary goals seek to stigmatize their adversaries as terrorists while exempting themselves from moral and legal accountability.

There exists a second basic split due to state practice following political rather than legal criteria when identifying terrorist actors. When the Taliban and Al Qaeda were opposing Soviet intervention in Afghanistan they were identified as Mujahideen, but when seen as turning against the West, they were put on the top of the terrorist list. Osama Bin Laden, once hailed as a Western ally deserving lavish CIA support became the most wanted terrorist after the 9/11 attacks on the World Trade Center and Pentagon. Such subjectivity and fluidity makes it virtually impossible to develop a coherent and legal approach to ‘terrorist’ activity.

In essence, geopolitical actors have always sought to have international law regard the use of force by states acting on their own as falling outside the framework of terrorism while regarding transnational political violence by adversary or enemy non-state actors as terrorism even if the targeted person or organization is a government official or member of the armed forces, or if the non-state actor is resisting occupation by foreign armed forces. Before the 9/11 attacks Israel adopted influentially adopted this approach in its effort to portray Palestinian resistance as a criminal enterprise. After 9/11 the United States added its political weight to this statist approach to the conception of terrorism, which meant in effect that any adversary target that could be characterized as associated with a non-state actor that resorted to armed struggle was criminalized to the extent of being treated as unprotected by international humanitarian law. In practice, this subjectivity was vividly displayed in recent years by support given to anti-Castro Cuban exiles that engaged in political violence against the legitimate Cuban government, and yet were given aid, support, and encouragement while based in the United States.

The UN was mobilized after the 9/11 attacks by the United State to support this statist/geopolitical approach to political violence, which possessed these elements, and given formal expression in a series of Security Council Resolutions, including 1373, 1535: 

     –terrorists are individuals who engage in political violence on behalf of non-state actors;

               –states, their officials and citizens may be guilty of supporting such activities through money, weapons and safe haven, and therefore indictable under national law as aiding and abetting terrorism;

              –political violence by states, no matter what its character, is to be treated by reference to international law, including international humanitarian law, and not viewed as terrorism;

              –even if the non-state actor is exercising its right of resistance under international law against colonialism or apartheid, its political violence will be treated as ‘terrorism’ if such a designation furthers geopolitical ambitions.  

The alternative view of terrorism that I endorse emphasizes the nature of the political violence, rather than the identity of the perpetrator. As such, political violence can be identified as ‘state terrorism,’ which amounts to uses of force that are outside the framework of war and peace, and violate the sovereign rights of a foreign country or fundamental rights of citizens within the territory of the state. Such acts of terrorism may be clandestine or overt, and may be attributed to state actors when counterrevolutionary groups are authorized, funded, and encouraged directly or indirectly by the state. Non-state actors can also be guilty of terrorism if their tactics and practices deliberately target civilians or recklessly disregard risks of death or harm to civilians. 

  • How do you assess the role and position of Iran in the fight against terrorism in the region?

As far as I know, Iran has opposed non-state political violence of groups such as ISIS or Taliban that engage in terrorist activity by committing atrocities against civilians that amount to Crimes Against Humanity. Iran has also consistently condemned state terrorism of the sort practiced by Israel and the United States, and possibly other governments, within the region. In this regard, Iran has been active both in the struggle against non-state and state terrorism.

Iran has been accused of lending funding and material support to non-state actors that many governments in the West officially classify as ‘terrorist’ organizations, such as Hezbollah and Hamas. Part of the justification for U.S. sanctions arises from this allegation that Iran supports terrorism in the Middle East. These allegations are highly ‘political’ in character as both Hezbollah and Hamas engaged in violent resistance directed at unlawful occupation policies that denied basic national rights to the Lebanese and Palestinian people, including the fundamental right of self-determination, although some of their tactics and acts may have crossed the line of legality.

There are also contentions that Iran’s support for the Syrian government in dealing with its domestic adversaries involves complicity in behavior that violates the laws of war and international humanitarian law. This contention is a matter of regional geopolitics. As far as international law is concerned, the Assad government in Damascus is the legitimate representative of the Syrian people, and is treated as such at the UN. Iran is legally entitled to provide assistance to such a government faced with insurgent challengess from within its boundaries. If the allegations are true that Syria has bombed hospitals and other civilian sites, then the Syrian government could be charged with state terrorism. 

3- How do you assess the role and position of General Ghasem Soleimani in the fight against terrorism and ISIS in the region? 

Although a military officer, General Soleiman, was not in any combat role when assassinated, and was engaged in peacemaking diplomacy on a mission to Iraq. His assassination was a flagrant instance of state terrorism. With considerable irony, the truth is that General Soleiman had been playing a leading counterterrorist role throughout the region. He is thought to have been primarily responsible for the ending, or at least greatly weakening, the threat posed by ISIS to the security of many countries in the Middle East.

  • Given the conflict of interests of different countries, can we see the same action by countries against terrorism? What mechanism can equalize the performance of countries against the terrorism?

As suggested at the outset, without an agreed widely adopted and generally agreed upon definition of terrorism it is almost impossible to create effective international mechanisms to contain terrorism. As matters now stand, the identification of ‘terrorists’ and ‘terrorism’ is predominantly a matter of geopolitical alignment rather than the implementation of prohibitions directed at unacceptable forms of political violence within boundaries and across borders.

To imagine the emergence of effective international, or regional, mechanisms to combat terrorism at least four developments would have to occur:

             –the reliance on legal criteria to categorize political violence as terrorism;

            –the inclusion of ‘state terrorism’ in the official definition of terrorism;

            –the inclusion of political violence within sovereign territory as well as across boundaries;

            –an internationally or regionally agreed definition incorporating these three elements and formally accepted by all major sovereign states and by the United Nation. 

In the present international atmosphere, such an international consensus is impossible to achieve. The United States and Israel, and a series of other important states would never agree. There are two sets of obstacles: some states would not give up their discretion to attack civilian targets outside their borders and would not accept accountability procedure that impose limits on their discretion over the means used to deal with domestic transnational non-state adversaries.

Under these conditions of geopolitical subjectivity such that from some perspectives non-state actors are ‘freedom-fighters’ and from others they are ‘terrorists,’ no common grounds for  meaningful and trustworthy intergovernmental arrangements exists.

It remains important for individuals and legal experts to advocate a cooperative approach to the prevention and punishment of terrorists and terrorism by reference to an inclusive definition of terrorism that considers political violence by states and by governments within their national territory as covered. 

It is also in some sense to include non-state actors as stakeholders in any lawmaking process that has any prospect of achieving both widespread acceptance as a framework or implementation at behavioral levels. It would seem, in this regard, important to prohibit torture of terrorist suspects or denial of prisoner of war rights. One-sided legal regimes tend to be rationalizations for unlawful conduct, and thus operate as political instruments of conflict rather than legal means of regulation.

Unless surprises occur, almost a probability, the Biden foreign policy will likely follow the George H.W. Approach approach more than the Obama approach, which continued to unfold as part of the aftermath to the 9/11 attacks. This means becoming again captive to the deep state’s approach to world order: global militarism, Euro-centric points of reference, predatory capitalism, and quasi-confrontational toward China, Russia.

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

7 Jan


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


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


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

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

.

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

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

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

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

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