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Oslo is dead! Long live Oslo! The UK House of Commons Supports Diplomatic Recognition of Palestine

19 Oct

(Prefatory Note: The post below is a modified version, especially the ending, of a piece published online two days ago in AlJazeera English.  While appreciating the importance of the European moves to endorse Palestinian statehood, seeks a more definitive repudiation of the Oslo Approach. It calls for an end to the U.S. role as exclusive intermediary and the presumed outcome of a peace process being two states without indicating the character of the Palestinian states. So far, the two-state mantra has been cut back to allow Israel to retain at least the unlawful settlement blocs and to insist on arrangements that uphold their security against unforeseen threats, while granting not a word of acknowledgement to Palestinian security concerns. My own strong belief is that unless the two peoples are treated with full equality in seeking a solution, the result will not be sustainable or just even in the unlikely event that some sort of agreement is reached.)

 

 

 

 

Oslo is dead! Long live Oslo! The UK House of Commons Supports Diplomatic Recognition of Palestine

 

On October 13 the House of Commons by an overwhelming vote of 274-12 urged the British government to extend diplomatic recognition to Palestine.

At first glance, it would seem a rather meaningless gesture. It is a non-binding resolution, and Prime Minister David Cameron has already declared that this expression of parliamentary opinion will have no effect whatever on existing government policy. So far Britain along with the states in Western Europe adhere to Israel’s stubborn insistence, echoed by Washington, that Palestinian statehood can only be established through a solution to the conflict negotiated by the parties.

 

Even if the British vote was binding, why should it be seen as a dramatic move in Palestine’s favor? After all, Palestine has already been accorded recognition by 134 states since Yasir Arafat declared the existence of a Palestinian state within 1967 borders back in 1988.

 

Such downgrading of the significance of what took place is also part of the Israel tactical response. Its ambassador in London now declining even to comment on the decision after earlier indicating extreme disapproval with the evident hope of discouraging affirmative votes. Before the vote Israeli leaders used their levers of strong influence to discourage the vote. Netanyahu even insisted that such a step would seriously diminish prospects for resumed negotiations and would seriously harm peace prospects. After losing out, the Israeli tone changed, now calling the vote meaningless and devoid of importance.

 

In actuality, the UK initiative is an important symbolic victory for the Palestinians. Until the recently when the elected Swedish government indicated its intention to recognize Palestine as a state at some future undesignated time, no Western European government had broken ranks on the Oslo approach as interpreted by Israel and the United States. It is this approach that has put a straightjacket on diplomacy, requiring any progress toward a solution to be exclusively through direct negotiations for a Palestinian in which the U.S. acts as the one and only intermediary.

 

At stake, then, is not only the momentum building for European countries to extend recognition to Palestine, but also a belated admission that this Oslo approach after more than 20 years of futility should no longer be respected as the consensus foundation of Israel-Palestine conflict resolution. The UK action needs to be joined with the recent diplomacy of the Palestinian Authority, first the Fatah/Hamas agreement of April to form a unity government, and even more so, the resolution to be submitted to the Security Council on behalf of the Palestinian Authority that calls for Israeli withdrawal to 1967 borders, including East Jerusalem, no later than November 2016. It is expected that the U.S. will veto this resolution if it is unable to mount enough pressure to prevent nine SC members from voting affirmatively. Such an initiative by Ramallah further signals that the PA is no longer willing to play the waiting game that has given Israel ample time for settlement expansion and ethnic cleansing in East Jerusalem past points of no return.

 

In Mahmoud Abbas’ speech of September 26th to the General Assembly he clearly indicated that he was refusing to cooperate any longer with these diplomatic maneuvers facilitated by the Oslo framework. Responding to Palestinian pressures from below, Abbas left no doubt that he would not pretend that he had ‘a partner for peace,’ thereby turning the tables on Tel Aviv. He signaled this clearly when he described Israel’s 50-day military operation against Gaza this past summer as “a genocidal war.” The G-word was bound to elicit an angry Israeli response, which Netanyahu provided a few days later in the same UN venue, calling Abbas’ speech “shameless.”

 

There still remains a lingering and unfortunate ambiguity in these developments suggesting we have not yet truly arrived at a post-Oslo phase of diplomacy. The UK resolution accepted an amendment stating that its purpose was “as a contribution to securing a negotiated two-state solution.” The former British Foreign Secretary, Jack Straw, elaborated on this, suggesting that was being done was to exert additional pressure on the parties to get on with negotiating a two-state outcome. This tail wagging the dog is a regression, sustaining the illusion that Israel, whatever the context, is at all willing at this stage to allow an independent sovereign Palestinian state to be established within 1967 borders, even if these are slightly modified. In effect, “Oslo is dead! Long live Oslo!”

 

Since the latest Gaza war there have been two developments of lasting significance : first, the inter-governmental diplomacy is slowly moving away from the Oslo approach, and Western Europe is beginning to fill the diplomatic vacuum created by the April collapse of the Kerry round of talks between Israel and the Palestinian Authority. And Secondly, civil society nonviolent militancy and political leadership is beginning to occupy center stage in Palestinian hopes and dreams, particularly taking the form of the growing BDS campaign, but also visible in the refusal of Oakland, California workers to unload an Israeli cargo ship.

 

This latter fulcrum of resistance within Palestine and without raises serious leadership and representation questions—who now speaks with authority and authenticity on behalf of the Palestinian people? how can this question be answered given the statist manner in which the world is organized? Let me put my own understanding of this issue more directly: I find that the voices of Omar Barghouti and Ali Abunimah to be more authoritative and authentic than are those of the diplomats from Ramallah who a few years ago showed themselves ready to give the store away in the Palestine Papers and on other occasions. They couldn’t manage such a transaction since Israel apparently felt it already owned the store and was not ready to show gratitude even for a political outcome heavily slanted in their favor.

Questioning Sweden’s ‘Bold’ Diplomatic Initiative

11 Oct

 

 

 

It was a welcome move, but only in some respects. The new center-left Swedish Prime Minister, Stefan Lofven, in his inaugural speech to Parliament indicated on October 3rd the intention of the Swedish government to recognize Palestinian statehood. He explained that such a move mentioned in the platform of his party is in accord with promoting a two-state solution, and more significantly, that is to be “negotiated in accordance with international law.” The call for adherence to international law in future diplomacy is actually more of a step forward than is the announced intention of future recognition, which has so far received all the media attention and incurred the wrath of Tel Aviv. To bring international law into future negotiations would amount to a radical modication of the ‘peace process’ that came into being with the Oslo Declaration of Principles in 1993. The Israel/United States view was to allow any agreements between the parties to arise from a bargaining process, which is a shorthand for acknowledging the primacy of power, taking account of ‘facts on the ground’ (that is, the unlawful settlements) and diplomatic leverage (allowing the United States to fake the role of ‘honest broker’ while at the same time making sure that Israel’s interests are protected).

 

I suspect that this hopeful language suggesting the relevance of international law was inserted without any awareness of its importance or relevance. Such an interpretation is in line with Swedish official explanations of their initiative as a way of helping ‘moderate’ Palestinian leaders gain control of diplomacy, thereby facilitating the eventual goal of mutual coexistence based on two states. It was presumed by Stockholm without any supportive reasoning, and against the weight of evidence and experience, that a Palestine state could emerge from a reinvigorated diplomacy. No mention was made of the settlements, separation wall, road network that have cut so deeply into the Palestinian remnant, which as of the 1967 borders was already 22% of historic Palestine, and less than half of what the UN partition plan had offered the Palestinians in 1947, which at the time seemed unfair and inconsistent with Palestinian rights under international law.

 

The United States Government spokesperson, Jan Paski, was careful to confirm the Oslo approach adopted by Washington that has been so harmful to Palestinian prospects for a viable state: “We certainly support Palestinian statehood, but it can come only through a negotiated outcome, a resolution of final status issues and mutual recognition by both parties.” Note the pointed absence of any reference to international law. Beyond this, there is less and less reason to suppose that the Israeli government supports a process that leads to Palestinian statehood in any meaningful sense, although Netanyahu repeats in international settings the sterile mantra of saying that any such results can only come from direct negotiations between the parties, and he adds the Swedish initiative if carried out, is declared to be an obstacle to such an outcome. So as not to arouse hopes, Netanyahu adds that no agreement will be reached that does not protect the national interests of Israel and ensure the security of Israeli citizens. When he speaks at home in Hebrew the prospect of a Palestinian state becomes as remote as the establishment of  world government.

 

Unsurprisingly, the head of Israel’s opposition Labor Party, Isaac Herzog, was active in reinforcing Netanyahu’s objection to Sweden’s proposed course of action. Herzog in conversation with Lofven sought to dissuade Sweden from acting ‘unilaterally,’ suggesting that such a move was likely to produce undisclosed ‘undesirable consequences.’ So much for the Israeli ‘peace camp’ that now seems content to act as errand boy for state policy as led by the right-wing Likud.

 

The Palestinian Authority, short on good news since the Gaza attacks, at its highest levels (Abbas, Erakat) greeted the Swedish move as ‘remarkable and courageous,’ as well as ‘great.’ The PA leadership even suggested that recognition of Palestinian statehood could build pressure for a resumption of talks on a two-state solution as if that would be beneficial for Palestine. Such sentiments turn a blind eye toward the Oslo record of failure from a Palestinian point of view, and quite the opposite for Israel.

 

What is the value of the Swedish proposed step, assuming that it takes place? Israel and the United States seemed poised to use full court pressure to persuade Sweden to delay indefinitely making the move, and Sweden has retreated to the extent that it has reassured the world that it is not planning to act ‘tomorrow morning’ and hopes to listen to the views of all interested governments and engage in dialogue before moving forward. At the same time, the British Parliament is set to vote on October 13 on a non-binding resolution urging recognition by Britain of Palestinian statehood.

 

Even proposing recognition of Palestinian statehood is definitely a psychological boost for the Palestinian Authority, but it changes nothing on the ground, and likely makes Israel take some defiant steps such as provocatively issuing permits for additional housing units in the settlements, which it did in 2012 as retaliation for Palestine’s successful bid to be recognized by the UN General Assembly as a non-member observer state (similar to the status enjoyed by the Vatican). Recognition also gives Palestine potential access to the International Criminal Court, which again worries Israel as it should, although the Palestinian Authority has so far held back from seeking to become a party to the ICC, and by so doing gain the capacity to request the prosecutor to investigate various allegations of Israeli war crimes, including the settlements.

 

In international law diplomatic recognition by states has been traditionally viewed as largely a matter of discretion. The United States withheld recognition from mainland China for decades after it had consolidated its governmental control over the territory and its population. Palestine has been long recognized by at least 125 states, and enjoys diplomatic relations as if a state. UN membership presupposes statehood, but it is also highly politicized and subject to the veto by any permanent member of the Security Council. Indications are that, if necessary, the United States will stand alone in using its veto to block Palestine from becoming a member.

 

But why does Israel care so much as nothing changes on the ground? There would seem to be three reasons, none very persuasive. Firstly, since Palestine badly wants to be a sovereign state and a UN member, it would make further concessions to Israel to obtain such a status in the event of further negotiations. Secondly, Israel seems eager to have the formal capacity to deny Palestinian statehood in a full sense so as to allow for the future likely incorporation the West Bank into Israel when the opportune moment arrives. This is a course of action favored by the recently elected Israeli president, Reuven Rivlin, who offers Palestinians a supposedly benevolent ‘economic peace’ in exchange if they swallow their political pride. Thirdly, recognition might give the Palestinian Authority more leverage at the UN and the ICC, and self-esteem in Palestinian circles, especially if other European Union members to follow the Swedish example. At some point down the line Israel’s prolonged occupation of Palestine would under these conditions come under increasing legal, moral, and political fire.

 

Yet from the perspective of the Palestinian people as distinct from the Palestinian Authority, does it make sense at this stage in their struggle to continue to act as if the two-state solution could still bring peace? Israel’s feverish settlement activity of recent years seems to be a clear message that a viable sovereign Palestinian state is no longer in the cards. In fact, Sweden seems to be playing the Oslo game after the game has ended for all practical purposes.

 

In other words, if Sweden’s act of recognition had been linked to Oslo’s failure it would be pointing the way toward a constructive turn in peace diplomacy, but to justify it as a step toward the two-state solution achieved by direct negotiations of the sort that has failed repeatedly for more than 20 years seems an ill-considered expression of political innocence on the part of the inexperienced new leadership in Stockholm, a gesture for peace undoubtedly meant in good faith, but seemingly without any awareness that the sick patient died years ago.

 

Did Israel Commit Genocide in Gaza?

9 Oct

[Prefatory Note: the post below is a somewhat revised version of a text published by The Nation, and to be found at the following link. I should also point out that in these proceedings in Brussels under the auspices of the Russell Tribunal I served as a member of the jury]

 

 

In a special session of the Russell Tribunal held in Brussels on September 24th, Israel’s military operation Protective Edge was critically scrutinized from the perspective of international law, including the core allegation of genocide. The process featured a series of testimonies by legal and weapons experts, health workers, journalists and others most of whom had experienced the 50 days of military assault.

 

A jury composed of prominent individuals from around the world, known for their moral engagement with issues of the day that concerned their societies, and also the wellbeing of humanity, assessed the evidence with the help of an expert legal team of volunteers that helped with the preparation of the findings and analysis for consideration by the jury, which deliberated and debated all relevant issues of fact and law, above all the question of how to respond to the charge of genocide.

 

 

It should be acknowledged that this undertaking was never intended to be a neutral inquiry without any predispositions. It was brought into being because of the enormity of the devastation caused by Protective Edge and the spectacle of horror associated with deploying a high technology weaponry to attack a vulnerable civilian population of Gaza locked into the combat zone that left no place to hide. It also responded to the failures of the international community to do more to stop the carnage, and condemn Israel’s disproportionate uses of force against this essentially helpless and beleaguered civilian population. Israel’s contested military operations targeted many legally forbidden targets, including UN buildings used as shelters, residential neighborhoods, hospitals and clinics, and mosques. In defense of these tactics, Israel claimed that rockets and ammunition were stored in these buildings and that Hamas rocket launchers were deliberately placed in the structures that had been singled out for attack. The evidence presented did not confirm these Israeli claims.

 

Although the Russell Tribunal proceeded from the presumed sense that Israel was responsible for severe wrongdoing, it made every effort to be scrupulous in the presentation of evidence and the interpretation of applicable international law, and relied on testimony from individuals with established reputations as persons of integrity and conscience. Among the highlights of the testimony were a report on damage to hospitals and clinics given by Dr. Mads Gilbert, a Norwegian doctor serving in a Gaza hospital during the attacks, Mohammed Omer, a widely respected  journalist who daily reported from the combat zone, Max Blumenthal, the prize winning journalist who was in Gaza throughout Protective Edge and analyzed for the jury the overall political design that appeared to explain the civilian targeting patterns, and David Sheen, who reported in agonizing detail on the racist hatred exhibited by prominent Israelis during the period of combat, widely echoed by Israelis in the social media, and never repudiated by the leadership or public in Tel Aviv.

 

The jury had little difficulty concluding that the pattern of attack, as well as the targeting, amounted to a series of war crimes that were aggravated by the commission of crimes against humanity, most centrally the imposition of a multi-faceted regime of collective punishment upon the entire civilian population of Gaza in flagrant and sustained violation of Article 33 of the Fourth Geneva Convention. A further notable legal finding was the rejection of the central Israel claim of acting in self-defense against rocket attacks directed at Israel.

 

There were several reasons given for reaching this conclusion: the claim of self-defense does not exist in relation to resistance mounted by an occupied people, and Gaza from the perspective of international law remains occupied due to Israeli persisting effective control despite Israel’s purported disengagement in 2005 (more properly characterized as a military redployment); the rockets fired from Gaza were partly at least in response to prior Israeli unlawful provocations, including the mass detention of several hundred persons loosely associated with Hamas in the West Bank and incitement to violence against Palestinians as revenge for the murder of the three kidnapped Israeli settler children; and finally, the minimal damage done by the rockets, seven civilian deaths over the entire period, is too small a security threat to qualify as “an armed attack” as is required by the UN Charter to uphold a claim of self-defense. At the same time, despite these mitigating factors, the jury did not doubt the unlawfulness of firing of numerous rockets into Israel that were incapable of distinguishing between military and civilian targets. This form of unlawful resistance was attributed to both Hamas and independent Palestinian militias operating within the Gaza Strip.

 

A focus of concern in the jury deliberations before and after the proceedings themselves was how to address the allegation of ‘genocide,’ which has been described as ‘the crimes of crimes.’ The jury was sensitive to the differences between the journalistic and political uses of the word ‘genocide’ to describe various forms of collective violence directed at ethnic and religious minorities, and the more demanding legal definition of genocide that requires compelling and unambiguous evidence of a specific ‘intent to destroy’.

 

The testimony made this issue complex and sensitive. It produced a consensus on the jury that the evidence of genocide was sufficient to make it appropriate and responsible to give careful consideration as to whether the crime of genocide had actually been committed by Israel in the course of carrying out Protective Edge. This was itself an acknowledgement that there was a genocidal atmosphere in Israel in which high officials made statements supporting the destruction, elimination, and subjugation of Gazans as a people, and such inflammatory assertions were at no time repudiated by the Netanyahu leadership or subject to criminal investigation, let alone any legal proceedings. Furthermore, the sustained bombardment of Gaza under circumstances where the population had no opportunity to leave or to seek sanctuary within the Gaza Strip lent further credibility to the charge of genocide. The fact that Protective Edge was the third large-scale, sustained military assault on this unlawfully blockaded, impoverished, and endangered population, also formed part of the larger genocidal context.

 

Further in the background, yet perhaps most relevant consideration of all, Israel failed to exhaust diplomatic remedies before its recourse to force, as required by international law and the UN Charter. Israel had the option of lifting the blockade and exploring the prospects for long-term arrangements for peaceful co-existence that Hamas had proposed numerous times in recent years. Such initiatives were spurned by Israel on the ground that it would not

deal with a terrorist organization.

 

Despite the incriminating weight of these factors, there were legal doubts as to the crime of genocide. The political and military leaders of Israel never explicitly endorsed the pursuit of genocidal goals, and purported to seek a ceasefire during the military campaign. There was absent a clear official expression of intent to commit genocide as distinct from the intensification of the regime of collective punishment that was convincingly documented. The presence of genocidal behavior and language even if used in government circles is not by itself sufficient to conclude that Protective Edge, despite its scale and fury, amounted to the commission of the crime of genocide.

 

What the jury did agree upon, however, was that Israeli citizens, including officials, appear to have been guilty in several instances of the separate crime of Incitement to Genocide that is specified in Article 3(c) of the Genocide Convention. It also agreed that the additional duty of Israel and others, especially the United States and Europe, to act to prevent genocide was definitely engaged by Israeli behavior. In this regard the Tribunal is sending an urgent message of warning to Israel and an appeal to the UN and the international community to uphold the Genocide Convention, and act to prevent any further behavior by Israel that would cross the line, and satisfy the difficult burden of proof that must be met if the conclusion is to be reached that the crime of genocide is being committed. At some point, the accumulation of genocidal acts will be reasonably understood as satisfying the high evidentiary bar that must be reached so as to conclude that Israel had committed genocide.

 

Many will react to this assessment of Protective Edge as lacking legal authority and dismiss the finding of the jury as merely recording the predictable views of a biased ‘kangaroo court.’ Such allegations have been directed at the Russell Tribunal ever since its establishment in the mid-1960s by the great English philosopher, Bertrand Russell, in the midst of the Vietnam War. These first sessions of the Russell Tribunal similarly assessed charges of war crimes associated with U.S. tactics in Vietnam, and in Russell’s words, represented a stand of citizens of conscience ‘against the crime of silence.’ This latest venture of the tribunal has a similar mission in relation to Israel’s actions in Gaza, although less against silence than the crime of indifference.

 

It is my view that such tribunals, created almost always in exceptional circumstances of defiance of the most elemental constraints of international law, make crucial contributions to public awareness in situations of moral and legal outrage where geopolitical realities preclude established institutional procedures such as recourse to the International Criminal Court and the UN Security Council and General Assembly. That is, these kind of self-constituted tribunals only come into being when two conditions exist: first, a circumstance of extreme and sustained violation of fundamental norms of morality and international law and secondly, a political setting in which governmental procedures and UN procedures are inoperative.

 

When the interests of the West are at stake, as in the Ukraine, there is no need to activate unofficial international law initiatives through the agency of civil society. However in circumstances involving Israel and Palestine, with the United States Government and most of Western Europe standing fully behind whatever Israel chooses to do, the need for a legal and moral accounting is particularly compelling even if the prospects for accountability are virtually nil. The long suffering people of Gaza have endured three criminal assaults in the past six years, and it has left virtually the whole of the population, especially young children, traumatized by the experience of such sustained military operations.

 

It should be acknowledged that the UN Human Rights Council has appointed a Commission of Inquiry to investigate allegations of war crimes associated with Protective Edge, but its report is not due for several months, Israel has indicated its unwillingness to cooperate with this official UN initiative, and it is almost certain that any findings of criminality and related recommendations will not be implemented due to the exercise of a geopolitical veto by the United States, and perhaps, other members of the Security Council. In view of these circumstances, the argument for convening the Russell Tribunal remains strong, especially if one recalls the fate of the Goldstone Report prepared in analogous conditions after the 2008-09 Israeli attacks on Gaza known as Operation Cast Lead.

 

The Russell Tribunal is filling a normative vacuum in the world. It does not pretend to be a court. In fact, among its recommendations is a call on the Palestinian Authority to join the International Criminal Court, and present Palestinian grievances to the authorities in The Hague for their investigation and possible indictments. Even then the realities of the world are such that prosecution will be impossible as Israel is not a party to the treaty establishing the ICC and would certainly refuse to honor any arrest warrants issued in The Hague, and no trial could be held without the physical presence of those accused. The value of an ICC proceeding would be symbolic and psychological, which in a legitimacy war would amount to a major ‘battlefield’ victory. It is notable that Hamas has joined in urging recourse to the ICC despite facing the distinct possibility that allegations against its launch of rockets would also be investigated and its officials indicted for its alleged war crimes.

 

As with the Nuremberg Judgment that documented the criminality of the Nazi experience, the process was flawed, especially by the exclusion of any consideration of the crimes committed by the victors in World War II, the Russell Tribunal can be criticized as one-sided in its undertaking. At the same time it seems virtually certain that on balance this assessment of Israel’s behavior toward the people of Gaza will be viewed as supportive of the long struggle to make the rule of law applicable to the strong as well as the weak. It is also reflective in the disparity of responsibility for the harm done by the two sides.

 

I recall some illuminating words of Edward Said uttered in the course of an interview with Bruce Robbins, published in Social Text (1998): “The major task of the American or the Palestinian or the Israeli intellectual of the left is to reveal the disparity between the so-called two sides, which appear to be rhetorically and ideologically to be in perfect balance, but are not in fact. To reveal that there is an oppressed and an oppressor, a victim and a victimizer, and unless we recognize that, we’re nowhere.”

 

After ‘Protective Edge’: What Future for Palestine and Israel

21 Sep

 

 

The 50-day Israeli military operation that killed over 2100 Palestinians, wounded another 11,000, and undoubtedly traumatized the entire Gazan population of 1.7 million also took the lives of 70 Israelis, of which 65 were soldiers. This last violent encounter has ended without a clear victory for either side. Despite this, Israel and Hamas are each insisting that ‘victory’ was achieved. Israel points to the material results, tunnels and rocket sites destroyed, targeted assassinations completed, and the overall weakening of Hamas capacity to launch an attack. Hamas, for its part, claims political gains, becoming far stronger politically and psychologically in both Gaza and the West Bank than before the fighting began, refusing to give in on the basic Israeli demand of the ‘demilitarization’ of Gaza, as well as further tarnishing Israel’s international reputation.

 

The UN Human Rights Commission has taken what for it is an exceptional step of appointing a commission of inquiry to investigate allegations of war crimes. The fact that William Schabas, a renowned expert on international criminal law, especially on the crime of genocide, was selected to chair the investigation is of great symbolic significance, and potentially of major relevance to the ongoing legitimacy struggle being successfully waged by the Palestinian people. Some have referred to this new initiative as ‘Goldstone 2.0’ referring back to the earlier high visibility fact finding undertaking of the HRC prompted by the Israeli military operation against Gaza in 2008-09 that had shocked the world by its ferocity and disregard for the international laws of war. Unlike Richard Goldstone, who was an amateur in relation to international law and ideologically aligned with Zionism, Schabas is a leading academic expert without any known ideological inhibitions, and with the strength of character to abide by the expected findings and recommendations of the report that the inquiry produces.

 

As earlier, the United States will use its geopolitical muscle to shield Israel from censure, criticism, and above all, from accountability. This lamentable limitation on the implementation of international criminal law does not mean that the Schabas effort lacks significance. The political outcome of prior anti-colonial struggles have been controlled by the side that wins the legitimacy war for control of the commanding heights of international law and morality.

This symbolic terrain is so important as it strengthens the resilience of those seeking liberation to bear the burdens of struggle and it deepens the global solidarity movement that provides vital support. In this respect, the Goldstone Report exerted a major influence in delegitimizing Israel’s periodic ‘mowing of the lawn’ in Gaza, especially the grossly disproportionate uses of force against a totally vulnerable and essentially helpless and entrapped civilian population.

 

The most startling result of this latest onslaught by Israel, which seems less an instance of ‘warfare’ than of ‘orchestrated massacre,’ is strangely ironic from an Israeli perspective. Its ruthless pursuit of a military victory had the effect of making Hamas more popular and legitimate than it had ever been, not only in Gaza, but even more so in the West Bank. Israel’s military operation seriously undermined the already contested claims by the Palestinian Authority (PA) to be the authentic representative of the aspirations of the Palestinian people. The best explanation of this outcome is that Palestinians as a whole prefer the resistance of Hamas, however much suffering it produces, to the passive compliance of the PA with the will of the occupier and oppressor.

 

For its part, Israel has signaled a less disguised refusal to move toward a negotiated peace under present conditions. Prime Minister Netanyahu has told the Palestinians once again that they must choose between ‘peace and Hamas,’ without mentioning that his use of the word ‘peace’ made it indistinguishable from ‘surrender.’ Netanyahu repeated his often proclaimed position–Israel will never negotiate with a terrorist organization that is committed to its destruction. Putting another nail in what appears to be the coffin of a two-state solution, Israel announced the largest confiscation of land for settlement expansion in more than 20 years, taking nearly 1000 acres of public land near Bethlehem to be added to the small settlement of Gvaot near the Etzion bloc south of Jerusalem. Some ask, “Why now?” rather than the more perceptive “Why not now?”

 

From these perspectives, the real impact of the Gaza carnage may be less the physical devastation and humanitarian catastrophe, imminent dangers of disease epidemic and $12 billion in damage taking at least 20 years to overcome, than the political effects. It looks like the suspension of inter-governmental diplomacy as a means of conflict resolution. Even the PA, seeking its political rehabilitation, is now talking about demanding that the UN establish a three year timetable for Israeli withdrawal from the West Bank. It is also threatening recourse to the International Criminal Court to empower an investigation of charges that the occupation of the West Bank itself involves the commission of crimes against humanity.

 

From these perspectives, the situation seems hopeless. The Palestinian prospects for their own state, which was the hope of moderates on both sides for many years, now seems irrelevant. Only the two-state template, however enacted, could reconcile the conflicting claims of Israeli Zionism and Palestinian nationalism. Of course, increasingly Palestinian critics questioned whether Zionism was consistent with the human rights of the Palestinian minority and its large refugee and exile communities, and tended to view the two state outcome as a triumph for the Zionist project and a sugar-coated defeat for Palestinian national aspirations. Now that it is ‘game over’ for the two-state solution, and the real struggle is more clearly being waged between competing versions of a one-state solution.

 

What can we expect? Even a sustainable ceasefire that allows the people of Gaza to recover somewhat from the dreadful ordeal of a cruel regime of collective punishment seems unlikely to persist very long in the present atmosphere. There is every reason to suppose that Israeli frustrations with the failure of its attack to subdue Hamas, and Hamas’ refusal to accept without acts of resistance the harsh realities of its continuing subjugation.

 

And yet there are flickers of light in the darkened skies. The stubbornness of Palestinian resistance combined with the robustness of a growing global solidarity movement is likely to exert intensifying pressure on the Israel public and some of its leaders to rethink their options for the future, and from an Israeli point of view, the sooner the better. The BDS (Boycott, Divestment, and Sanctions) campaign is gaining political and moral traction by the day. The kind of nonviolent international movement that unexpectedly helped cause the abrupt collapse of the apartheid regime in South Africa seems as though it might at some point push Israelis toward reconsidering whether an accommodation is not in Israel’s interest even if it requires a rethinking of what is the core reality of ‘a Jewish homeland,’ and even if it falls short of a complete reconciliation. As the experience in South Africa, and also Northern Ireland suggest, the side with the upper hand militarily does not acknowledge mounting political pressure until it is ready for a deal with its enemy that would have seemed inconceivable just shortly before it was made.

 

The outcome of the Israel-Palestine struggle is presently obscure. From the territorial perspective it appears that Israel is on the verge of victory, but from a legitimacy struggle perspective the Palestinians are gaining the upper hand. The flow of history since the end of World War II suggests a hopeful future for the Palestinians, yet the geopolitical strength of Israel may be able to withstand the intensifying pressure to acknowledge the fundamental Palestinian right of self-determination.

 

 

 

Postscript to Blog Faithful on ‘Civility’

9 Sep

(Prefatory Note: Earlier today I published a post dealing with the case of Steven Salaita, and its bearing on the misuse of civility as a tactic by Zionist forces to deny an academic appointment to a promising young Palestinian-American scholar. It made me rethink my ‘code of conduct’ guideline and controversies that have bedeviled the life of this blog to the extent it has featured discussion of the Israel-Palestine struggle. Steven’s explanation of his conduct, including the posting of anti-Israeli tweets advances important arguments bearing on academic freedom and relating to the use of a private Twitter account is available at <http://mondoweiss.net/2014/09/commitment-teaching-american&gt;)

 

Postscript to Blog Faithful on Civility

 

I have just posted on my blog website a criticism of the use of ‘civility’ to denya faculty appointment to Steven Salaita due to the alleged uncivility of his large number of anti-Israeli tweets. It has made me reflect upon my own reliance on ‘civility’ criteria to block comments that were personally insulting and operated to incite ethnic hatred. I believe that the rules of the road for the blogosphere are different than those that should govern the administration of a university.

 

My reason for blocking these comments was to encourage more reasoned and substantive discourse, and to avoid dwelling on the motivations behind the views being expressed and to exclude argumentation that seemed to deny the fundamental dignity of all ethnicities. In practice I found it difficult to be sufficiently diligent and evenhanded, and have tended several times to decideto allow serious comments to pass through the filter even though they violated my guidelines. Increasingly, I have blocked only the most serious instances of personal insults, usually directed at me although on some occasions at other comment writers, and the clearest instances of submitting material that denigrated an ethnic identity in a wholesale manner.

 

In the course of this experience I have discovered some home truths. Civility to serve positive purposes must be contextualized. In the Salaita context civility is used as a respectable tool of repression. In the blog context civility is a means of setting limits so that the interactive discourse can be more valuable for the blog community. Yet what I have learned is that my own bias in favor of reasoned dialogue as fruitful communication (undoubtedly influenced by Habermas) is not so well adapted to the subject-matter of posts dealing with inflammatory issues that polarize opinions. In this respect, I now believe my original view of the proper tone of debate was too austerely academic, and that there exists a genuine and principled place for the expression of intense emotions, and moral outrage. That it is appropriate to be angry, and to articulate views in such an agitated state of mind. In effect, I learned from Salaita’s tweets that emotional authenticity may be more appropriate than reasoned analysis in some situations.

 

And so I have come to a different temporary and more permissive resting place with respect to my blog’s code of conduct: let a thousand flowers bloom and remove only weeds of personal hostility and group hatred. In such a spirit, comments welcome provided only..

Steven Salaita and Zionist McCarthyism

9 Sep

 

 

I have been following the controversy swirling around the dehiring of Steven Salaita by unilateral fiat of the Chancellor of the Urbana Champaign campus of the University of Illinois, Phyllis Wise. As is now widely known, Steven was a tenured professor at Virginia Tech until he resigned his position some months ago to accept a tenure offer in the Department of American Indian Studies from Illinois. By past practice and reasonable expectations, it seemed a done deal until the Chancellor shocked the community by invoking her rarely used prerogative to withhold formal approval before forwarding the appointment for rubber stamping by the Board of Trustees, but was it her prerogative? It would seem that she did have some ill-defined authority to act, yet university governance procedures assume that any initiative of this sort be exercised in a consultative manner. This would have required the Chancellor to discuss her misgivings about forwarding the appointment with relevant faculty committees and administrators, as well as with the appointee. She has more recently acknowledged that she acted unilaterally, contending that she was acting unilaterally to avoid the embarrassment of having the Board reject the appointment.

 

Steven’s sole offense was to use his Twitter account to send our numerous tweets highly critical of Israel, especially during its military operations Gaza in July and August that killed over 2100 Palestinians, mostly civilians, including about 500 children. Steven is Palestinian-American born in the United States, but his grandparents were dispossessed by the nakba in 1948. According to unconfirmed reports his tweets angered some donors and alumni of the University of Illinois and several Jewish organizations to such an extent that they threatened to withhold funding if Salaita became a member of the faculty. Apparently, it was this kind of pressure that led the Board and the Chancellor to sacrifice Saleita, along with the principles of academic freedom and faculty participating in the hiring process.

 

Steven’s tweets were not gentle, and did express his abhorrence over Israel’s behavior in the strongest language at his disposal. Among the most frequently quoted of these tweets are the following:

 

By eagerly conflating Jewishness and Israel, Zionist are partly responsible when people say anti-Semitic shit in response to Israeli terror.

 

Zionists: transforming ‘anti-Semitism’ from something horrible to something honorable since 1948.

 

If Netanyahu appeared on TV with a necklace made from the teeth of Palestinian child, would anybody be surprised

 

I should make several assertions to explain my view of the issues at stake: 1) I would never adopt this kind of language even in the venue of social media, although I share the sentiments and the accompanying moral passion that prompted such tweets; 2) it is highly inappropriate to take tweets into account in appraising the appropriateness and wisdom of an academic appointment; 3) I share Steven Salaita’s outrage over Israel’s unchecked violence toward Palestinians, and identify especially with what he calls the conflation of ‘Israel’ and ‘Jewishness’ so as to treat people who criticize Israel as if they are by this alone ‘anti-Semites,’ and made to pay a heavy price in career and reputation; 4) I believe that Salaita’s appointment should be reinstated, and that Chancellor Wise should make a public apology, offer compensatory damages, and provide an assurance that his performance at Illinois will not be adversely affected by this incident; 5) my own examination of Salaita’s record as a classroom teacher and scholar confirms the judgment of the University of Illinois’ faculty process that his appointment was highly deserved, and that his presence in the Department of American Indian Studies would be a positive development for both students and the university community. 

 

Steven is a productive and talented scholar and a charismatic teacher, and any university should be thrilled to have him on their faculty. It is a sad commentary on the times that such an appointment should even be viewed as ‘controversial.’ It is also a regrettable indication that pro-Israeli forces are playing the anti-Semitic card to shield Israel from critics. This not only punishes a citizen’s right to speak freely but it tends to send a chilling message of intimidation throughout the academic community that it is better to be silent about Israel’s crimes than face the calumny and punitive effects of a Zionist backlash.

 

The main rationale for questioning the Salaita appointment was hidden beneath the umbrella of ‘civility.’ The recently notorious anti-boycott activist, former AAUP President, Cary Nelson, who happens to be a professor of English at the University of Illinois, unsurprisingly applauded the Chancellor’s move on these grounds. Somehow someone who sends around tweets that would likely be viewed as offensive by some Jewish students and might make them feel uncomfortable in his classes provides ample ground for the university to reverse what had the appearance of being a consummated appointment. In other words, the typical ‘bait and switch’ tactic of hiding the real grievance of anti-Israel fervor behind the pseudo neutral rationale of civility was relied upon. More than a decade ago Ward Churchill was similarly disciplined by the University of Colorado for the text of an undelivered speech (“On the Justice of Roosting Chickens”) that seemed to provide a justification for the 9/11 attacks, yet he was actually sacked not for the offending remarks that were clearly protected speech but for faulty footnotes in scholarly articles conveniently uncovered after more than a decade of distinguished service at the university (also ironically enough in a program devoted to ethnic studies and indigenous peoples that he headed).

 

This theme has now been echoed by a sudden outpouring of enthusiasm for civility on the part of university administrators, most prominently by University of California at Berkeley Chancellor, Nicholas Dirks, who had the audacity to applaud the 50th anniversary on his campus of the Free Speech Movement, one of the enduring glories of the 1960s, with a concern about the anti-Semitic overtones of criticism directed at Israel. Granted for the sake of discussion that Salaita’s social media tweets can be reasonable regarded as uncivil, should that provide grounds for banishment, or even censure? Of course, not. If a lack of civility is severe, and exhibited in relation to staff, colleagues, and students, it would raise relevant concerns. In Salaita’s case, his experience at Virginia Tech reveals an opposite profile, one of popularity and respect among students and an admirable reputation as a promising young and engaged teacher/scholar among colleagues. At this stage the final disposition of the case is up to the Board of Trustees, which has already swung strongly to the side of the Chancellor’s decision to stop the appointment.The Chair of the Board is Christopher Kennedy, son of Robert Kennedy and born on the 4th of July. This adds an Americana dimension to the ongoing battle of values. So far, this particular Kennedy offspring seems to be determined to bolster the illiberal side of the family legacy.

 

The battle lines have been drawn, and the war goes on. For the first time since the Chancellor’s decision became known, Steven Salaita is speaking today in public, holding a press conference in Champlain, Illinois where the university is located. There are rumors that he has been offered a settlement by the university, presumably in the hope that the storm unleashed by his rescinded appointment will abate. There are uncertainties as to whether he will be offered a comparable academic post elsewhere, which will show us how wide the net of Zionist influence is cast. It is not encouraging to recalling the case of Norman Finkelstein, who despite scholarly excellence and productivity, has not been offered an academic job elsewhere after being denied a permanent position at DePaul University. This denial was supposedly due to the administration being persuaded by defamatory ‘anti-Semitic’ allegations evidently contained in a letter and media blitz by that redoubtable Zionist stalwart, Alan Dershowitz.

 

Under these circumstances, then, it seems likely that the outcome of the Salaita case will clearly exhibit the current balance of influence as between Zionist McCarthyism and academic freedom in American universities. That such a struggle should be taking place is itself a national disgrace that suggests the worrisome fragility of academic freedom in relation to the potency of money and the baneful impact of  well-funded and unscrupulous pressure groups. Steven Salaita’s own public statement at the start of a press conference admirably sets forth his own response to the crisis, is definitely worth reading:  <http://mondoweiss.net/2014/09/commitment-teaching-american&gt;

RUSSELL TRIBUNAL SESSION ON PALESTINE

5 Sep

[Prefatory Note: On September 24 a special session of the Russell Tribunal will examine war crimes allegations against Israel arising from the 50-day military operation that commence on July 8th. The RT has developed a record of examining the criminality of state actors that enjoy impunity internationally because they are insulated from accountability by what I have called a 'geopolitical veto' in this case exercised by the United States and several major European countries. Where governments and the UN fail to implement international law, there exists a right of peoples to play a residual lawmaking function. It is somewhat analogous to the residual role that the General Assembly is empowered to play when the Security Council is unable or unwilling to perform its primary role in relation to international peace and security. To fill this normative vacuum the RT has long played made an honorable contribution to what might be called 'the empowerment of legal populism.' I encourage attentiveness to this event, including publicizing its occurrence and disseminating the results of its deliberations. As the announcement below indicates, I am proud to be a member of the jury for the session along with a series of truly distinguished and qualified high profile international personalities known both for their professional achievement and for their principled stands as 'citizen pilgrims' dedicated to a humane future shaped by global justice.]

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

RT Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal th

 

 

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24-25 September – Brussels – Albert Hall, Brussel

 

A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

Looking forward to seeing you all in Brussels.

 

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

24-25 September – Brussels – Albert Hall, Brussel
A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

 

 

 

 

 

 

 

 

 

 

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