Shifts in the Climate Change Debate: Hopeful Horizons?

28 Jun

 

 

Ever since governments disappointed the world in Copenhagen at the end of 2009 by not producing a global agreement that would mandate reductions of carbon emissions, there has been a mood of despair about addressing the challenges posed by global warming. The intense lobbying efforts by climate deniers reinforced in the United States by a right wing anti-government tsunami that has paralyzed Congress even in relation to modest market-based steps to induce energy efficiency is part of the bleak picture. It raises daunting biopolitical questions about whether the human species has a sufficient will to survive given the nature of the climate change challenge. Less apocalyptically, it makes us wonder whether a state-centric structure of world order can surmount the limits of national interests to undertake policies that promote the human interest.

 

International experience shows that where the interests of important states converge, especially if complemented by the interests of business and finance, collective initiatives upholding human interests can be implemented. The international regulation of ozone depletion, the public order of the oceans, the avoidance of international conflict in Antarctica, and the protection of some endangered marine species, such as whales, are illustrative of what is possible when the lawmaking and compliance atmosphere is supportive. This record of regulation on behalf of the global common good are examples of success stories that make international law seem more worthwhile than media cynics and influential political realists acknowledge. Yet in relation to the climate change agenda, despite a strong consensus among climate scientists (at about the 97% level), the dynamics of forging the sort of agreement that will keep global warming within prudent and manageable limits has not materialized. Such a world order failure imposes serious costs. As has been repeatedly demonstrated, the longer the buildup of greenhouse gasses is allowed to persist, the worse will be the harmful effects on human wellbeing and the greater the costs of preventing still worse future impacts taking the form of rising sea levels, drought and floods, extreme weather, melting polar regions, and crop failures. At some point thresholds of irreversibility are crossed, and the fate of the human species, along with that of most of nature, becomes sealed.

 

There are many factors that have contributed to this policy stalemate. Among the most serious is the decline of responsible American leadership. Ever since the Copenhagen fiasco American leverage has been used irresponsibly, to discourage climate change ambition in the negotiations and to oppose any new effort to impose obligations on governments. In an atmosphere where adverse national interests and perceptions were difficult enough to overcome, the United States in effect insisted that constraining their pursuit was not politically feasible or desirable. Stymied by a political atmosphere in Washington that is hostile to international commitments of any kind, but especially to those that concern environmental protection and impose constraints on market activities. In this kind of situation, if rich and powerful America refuses to take a responsible position, it cannot effectively encourage others to do so, and without geopolitical leadership, selfishly conceived national interests with short time horizons, carry the day.

 

President Barack Obama has been making the urgency of action on climate change a rallying cry of his second term. In June of this year he gave a commencement address at the Irvine campus of the University of California in which he urged the graduating students to demand more responsible action on climate change from the government, especially Congress, as crucial in seeking a hopeful future for themselves. The assembled students and their families received such a message with enthusiastic applause, but there is little reason to be hopeful that Obama is able to turn the tide in Washington sufficiently to restore confidence in American leadership with respect to climate change. The issue is crucial as the world is gearing up for a 2015 global meeting of governments in Paris that may represent the last real opportunity for collective action on a global scale to slow down the march toward species oblivion in an overheating planet, perhaps a moment of truth as to whether the coordinated behavior of governments is capable of serving the planetary public good in relation to climate change. According to ‘Giddens Law’ by the time the public awakens to the seriousness of the emergency it will be too late to reverse, or even manage, the warming trend. Obama at Irvine put this same issue more conditionally: “The question is whether we have the will to act before it is too late.” The issue is further clouded as there is no way of knowing in advance what is ‘too late.’

 

Despite this recital of discouraging aspects of the national and global response to climate change, I believe for the first time in this century that there may be reasons to be guardedly hopeful, maybe not in relation to what will emerge in Paris, but with respect to a tectonic shift in how the climate change challenge is being understood by the public and by hegemonic elites, especially in the globalizing domains of high finance and transnational corporate operations. Publication of the report in June 2014, Risky Business, is certainly a weathervane of change in the political atmospherics relating to climate change. The visual iconographic adopted by the report is a damaged roller coaster inundated by rising coastal waters, that is, the destruction of commercial property by disregard of the longer term impacts attributable to global warming.

 

This report explains and analyzes impending economic burdens on American business interests associated with sustained inaction on climate change. It is a think tank offering based on empirical research and risk analysis methodology that comes with the imprimatur of a self-anointed group of high-level economistic figures with impeccable private sector credentials. The chairs of this blue ribbon American effort were Henry Paulson, Secretary of the Treasury under Bush during the deep recession, Michael Bloomberg, former Mayor of New York City and environmentally oriented billionaire, and Thomas Steger, a prominent former hedge fund manager, identified as a major donor of the Democratic Party. Among the ten notables, an establishment mix of conservative and mainstream heavyweights, whose role seems to be to lend legitimacy and visibility to the report and its assessments. Two of the ten are former secretaries of the treasury (George Shultz, Robert Rubin), several business leaders connected with big corporations, including Gregory Page the CEO of Cargill, the worldwide agribusiness giant, three have held prominent political posts in the past, and there is even one lonely academic. In keeping with the national focus of the undertaking, the global dimensions of climate change are completely ignored, and all of the endorsers are American.

In his Irvine commencement address Obama quotes approvingly Woodrow Wilson’s remark: “Sometimes people call me an idealist. Well, that is the way I know I am an American.” Obama adds his own emphatic endorsement: “That’s who we are.” In contrast, the tone and rationale of Risky Business is not idealist, but what one might call ‘sensible’ and ‘prudent.’ Not so much doing what is right for the country as doing what is beneficial for the the future of the American economy, and helping to realize the central goal of business–maximize benefits from the efficient use of capital. The report is also realistic in the sense of doing its best to avoid being ‘political’ or stepping on ideologically sensitive toes.

 

In this spirit Risky Business self-consciously refrains from offering policy recommendations, presumably to avoid seeming partisan or pushing ideologically sensitive buttons. There is a claim made by the authors that the analysis is meta-political (quite a political novelty these days) because its recommended approach should appeal to anyone concerned with the future of the American economy. As indicated, the report somewhat artificially looks at climate change exclusively through a national lens. It refrains from any direct commentary on the global aspects of the climate change challenge and even fails to offer any insight as what should be done internationally to lessen adverse national economic impacts associated with the global mismanagement of climate change. The modestly framed objective of this report is to stimulate active participation by business representatives in debates about how to mitigate harmful climate trends. Paulson (of bailout notoriety) wrote a widely influential article publicized with an unexpectedly alarmist headline, “The Coming Climate Crash,” (NY Times, June 21, 2014) that effectively publicized the outlook of Risky Business, proposing a new attitude toward climate advocacy likely to exert a major influence in both the investment community, Washington’s think tanks and lobbyists, and hence, eventually, even Congress. The main messages being delivered are that human-generated global warming is real and dangerous for the economy (and incidentally for human health), and that inaction and delay in attending the risks will make the situation worse than it already is and much more expensive to control. The bottom line is that business and finance stakeholders should immediately enter the national policy debate as a matter of self-interest. If sufficiently heeded, such involvement is likely to change the balance of forces on Wall Street and Washington, the two venues that count most in this country when it comes to the shaping of the government role in the economy.

 

Risky Business, in keeping with its orientation, adopts a risk management approach to climate change. It seeks to show the specific anticipated effects of unattended risks on the economic wellbeing of eight distinct geographic regions that together make up the whole of the United States. Some regions in certain sectors will actually gain from climate change, while others lose, with the conclusion that the losses will far outweigh the gains. The report summarizes its outlook as follows: “The signature effects of human-induced climate change..all have specific, measureable impacts on our nation’s current assets and ongoing economic activity.” (p.2). In effect, these impacts are not mere speculation, but are the reliable results of risk analysis that should be taken into account in business planning. The essential lesson to be learned is that “..if we act aggressively to both adapt to the dangers and to mitigate future impacts by reducing carbon emissions—we can significantly reduce our exposure to the worst risks from climate change and also demonstrate global leadership on climate.” (p.3) This sole reference to the ‘global’ sensibly presupposes that if the United States gets its national house in order it will regain its authority to exercise leadership in global settings. The positive prospect of climate change adjustment is set off against a criticism of present complacency: “Our key findings underscore the reality that if we stay on our current emissions path, our climate risks will multiply and accumulate at the decades tick by.” (p.8) All of this induces the following conclusion: “With this report, we call on the American business community to rise to the challenge and lead the way in helping to reduce climate risks.” (p.9)

 

The auspices of Risky Business immediately gave the report a media salience and respectful reception that earlier more authoritative scientific studies along the same lines did not receive, including the well-grounded comprehensive reports of the United Nations Inter-governmental Panel on Climate Change (IPCC). Even the Wall Street Journal, the media headquarters for climate change cynics, took note of Risky Business without recourse to its usual snide anti-environmental commentary. The report is arousing great interest by offering what amounts to a Wall Street certification for a counter-branding of climate change. It is a vivid alternative to the climate denial prescriptions being peddled by Koch Brothers/Tea Party/fossil fuel industry anti-environmentalism. By arguing that the failure to act now on climate change will in the future exact bigger and bigger costs on business as well as be harmful to society, the report overrides the contentions that regulating greenhouse gas emissions in the United States is unnecessary and if undertaken will put its manufacturing operations at a competitive disadvantage internationally. Risky Business asserts an opposite position on the facts and their implications for government. Rather than leaving the private sector alone to sort out its own course of action, the report declares that it is in the interest of business to have the government set “a consistent policy and a regulatory framework” that will allow for orderly planning.

 

Risky Business anticipates annual costs to the country of several billions arising from increasing heat, storm surges, and hurricane intensity, as well as projecting 10% reduced crop yields over and a 3-5% livestock production decline over the course of the next 25 years. The approach adopted is congenial to the hedge fund and shareholder mentality by stressing risk management as the prescribed pattern of response rather than urging taxes or market constriants. In this spirit, attention is given to such an undertaking as the Ceres’ Investor Network on Climate Risk (INCR), and indications that already as many as 53 of the Fortune 100 companies have on their own adopted policies responsive to climate with an aggregate saving $1.1 billion annually, while reducing carbon dioxide emissions by 58.3 million metric tons (an amount equal to closing 15 coal-fired plants). In effect, smart business practices are already taking advantage of carbon-lite methods of production, although the scale is far too small and without overall direction provided by the government. This decentralized approach to the use of energy represents as indirect way of addressing carbon emissions that is seen as the essential feature of this self-management climate risk paradigm, and suggests that big business despite the clamor in Congress is being quietly and effectively enlisted in the battle against global warming. Whether this turn will be on a large enough scale without more centralized regulation is certainly an important issue to resolve, and Risky Business leaves little doubt as to its view that a more self-conscious approach needs to be centrally implemented. As matters currently stand, the benefits of this risk management approach seem quite marginal to the kind of public mobilization that will be needed, and this is precisely where Risky Business seeks to make its views felt among the constituencies that count.

 

The substantive challenge for the economy is clear: Given seemingly inevitable economic costs, how can such burdens be best addressed to lessen their harmful effects on business and finance. The central message of hope issued by Risky Business is that jobs can be generated (not lost) and GNP increased (not diminished) while at the same time doing what is needed to reduce carbon emissions by a sufficient amount to contain global warming within safe and prudent limits. Further, that all this can be done without requiring a carbon tax provided appropriate action is taken on a large enough scale in the very near future. This risk management approach is not just wishing global warming away while carrying on without any big adjustments. The report while avoiding policy recommendations does offer some prescriptive ideas about how to beat global warming without directly regulating carbon emissions. Among the ideas endorsed are taking such steps as investing heavily in clean public transport systems, enhanced energy efficiency in industry, and increased energy efficiency in building design and operation. These kinds of initiatives are all within the scope of what has come to be called ‘smart development,’ which is becoming the new fashion for demonstrations about how to make economic growth compatible with environmental sustainability, and doing so in ways that do not scare off the neoliberal elites that run the economies of the world.

 

The main arguments of Risky Business are complemented by a recent World Bank study with the relevant title, “Climate-Smart Development: Adding Up the Benefits of Actions that Help Build Prosperity, End Poverty, and Combat Climate Change.” The study puts forward the new enlightenment oriented claim that the intelligent application of reason enables society to have it all without disturbing the ideological status quo—nurture growth, eliminate poverty, deal with climate change. If the world acts intelligently, there is nothing to worry about. Best of all, this kind of new thinking does not require any major ideological modifications in the capitalist worldview. It does call for an abandonment of what is referred to as “the tyranny of short-termism,” presupposing shareholder acceptance of longer-term planning that may have some negative impacts on quarterly earning statements that have so far stymied most efforts to deal prudently with climate change risks. This kind of shift can be fully rationalized within the risk management paradigm, optimally adjusting business for profit to the new realities of global warming by adopting a new concept of ‘corporate time’ by which to maximize profit-making activity.

 

There are some further elements in this more hopeful approach to the climate change challenge. The development of huge natural gas deposits supposedly reduces by as much as 50% the release of greenhouse gasses. More importantly, a policy focus on cutting the emissions of what are called ‘short-lived climate pollutants’ (‘black carbon’- diesel fumes, cooking fires, methane, ozone, some hydrofluoride carbons) if implemented effectively is capable of lengthening the time available to make the more fundamental adjustments in the management of energy sources associated with the buildup of carbon dioxide in the atmosphere, including the expansion of reliance on low-carbon production technology and the expansion of renewable energy (solar, wind).

 

It does seem that Risky Business represents a kind of breakthrough in the national debate on climate change. It aligns business with science and reason without projecting a future scenario of economic decline. It advocates sub-national understandings of the risks and responses based on geographic region, which fits the remedy to the challenge in a more convincing manner. Indirectly, it posits an alternative both to the business funding of climate denial and to those who insist that the structures of national sovereignty and capitalism are incapable of dealing with the global challenges being posed by climate change. This more optimistic approach rests on the assumption that the risks are accurately measureable, and can be offset without incurring great costs if action is quickly undertaken both by the private sector acting on its own and by government acting to protect the national public good.

 

There are several reasons to be doubtful about whether Risky Business is providing the country with a reliable roadmap. First of all, the failure to relate national policy to the global setting is a significant shortcoming with respect to assessing risks and costs. The level of global warming is dependent on what others do as well as to what happens in the United States. If emissions are reduced globally in accord with scientific understanding, the anticipated national costs and risks will be far lower than if this understanding continues to be ignored, and the problems of adjustment less difficult. Also, it seems doubtful that rational argument alone can sway the fossil fuel establishment to stop muddying the waters of democratic deliberation by continuing to fund the climate denial lobby. Risky Business completely ignores the potential roles of civil society in mobilizing a prudent and equitable response, and contains no consideration of how to distribute whatever burdens are present in a manner that accords with ‘climate justice.’ In the end, it is questionable nationally and internationally, whether a business-friendly win/win scenario for meeting the challenges of climate change can on its own save the planet from impending disaster. Nevertheless, Risky Business is helpful in forging a national consensus, also being urged by President Obama, that rests on an acceptance of the understanding by 97% of climate scientists of the realities of human-induced global warming. What we do know in a capitalist society is that when business raises its voice the public is made to listen, but we also should know that this voice is not to be trusted withoutthe most careful scrutiny.

 

With this move from the top echelons of the business world, it is time for civil society to come forth with a response that does emphasize the global setting of national policy responses on climate change and seeks to inject the perspectives of the climate justice transnational movement into the policy debate. Part of this response also needs to consider such structural issues as the persisting dominance of sovereign states in the making of global policy relating to climate change, and the questionable capacity of neoliberal globalization to serve the human interest, including that of safeguarding the future.

 

What seems hopeful is the growing public recognition of climate change as mounting a challenge to society and government that cannot be evaded without experiencing mounting harm. Also encouraging, is the emerging of thinking about indirect and innovative steps that can be taken to improve prospects of reducing carbon emissions—encouraging public transport, systemic moves to increase energy efficiency in building and maintenance, and reductions in air pollution from short-lived pollutants (differing from carbon dioxide with its greenhouse effect lasting for thousands of years).

Five Palestine Futures

24 Jun

 

Background and Foreground      

 

 

For years, perhaps going back as far as the Madrid Peace Conference of 1991, influential international debate on the future of Palestine has almost exclusively considered variations on the theme of a two-state solution. The American Secretary of State, John Kerry, stampeded the Palestinian Authority and Israel into negotiations that ‘failed’ even before they started a year ago. At least Kerry was prudent enough to warn both sides that this was their do or die moment for resolving the conflict. It was presumed without dissent in high places anywhere that this two-state outcome was the one and only solution that could bring peace. Besides the parties themselves, the EU, the Arab League, the UN all wagered that a resolution of the conflict required the establishment of a Palestinian state. Even Benjamin Netanyahu became a reluctant subscriber to this mantra in his 2009 speech at Bar-Ilan University, although always in a halfhearted spirit.

 

The reasoning that underlay this consensus went along these lines: a viable solution to the Israel-Palestine conflict could not challenge the Israeli commitment and the essential Zionist Project to create a homeland for Jews worldwide; this meant that self-determination for the Palestinian people would have to be addressed separately, and the only way to do this was by way of a partition of historic Palestine. The British had come to this conclusion as early as 1936 in the Peel Commission Report (a British Royal Commission that concluded that the British mandate as applied to the whole of historic Palestine was unworkable because of the tensions between the two ethnic communities, and proposed that partition be imposed), which became the basis for the solution proposed in 1947 by the UN in General Assembly Resolution 181. It was reaffirmed in Security Council Resolution 242 unanimously adopted after the 1967 War that reduced the portion of Palestine assigned to the Palestinian from 45% to 22%, calling for the withdrawal of Israeli forces from the territory occupied as a result and reaffirming the principle of international law that territory could not be validly acquired by force of arms.

 

Underneath the partition consensus there is an intriguing puzzle to solve: why has the consensus persisted despite the leadership of neither Israel nor Palestine seeming to have opted for partition except as a second best outcome. The Palestinians made their dislike of partition manifest from the outset of large scale Jewish immigration in the decades after the Balfour Declaration of 1917, believing that imposing a Jewish homeland, much less a Jewish state, was an unacceptable colonial encroachment. In the late 1980s the Palestinians, as represented by the Palestine Liberation Organization, adjusting to the realities of Israel’s presence, accepted the idea of partition in the historic decision in 1988 of the Palestine National Council. In its essence, the Palestinians endorsed the vision embedded in SC Res. 242, envisioning a Palestinian reality based on an Israeli withdrawal to the pre-war green line borders, an expectation that, of course, never materialized.

 

More subtly, the Zionist leadership was at best ambivalent about partition, appreciating it initially as a path leading to sovereignty, which exceeded ‘homeland’ as a political outcome, and represented more than they could have hoped for earlier in their movement, yet decisively less than the biblical vision of Israel as encompassing the whole of historic Israel. As the situation evolved since Israeli independence, Israel has continuously revised its sense of a favorable balance of forces making it seem realistic to seek a fuller realization of the Zionist dream. In recent years, the Israeli one-staters have started to gain the upper hand, based partly on what has been happening on the ground, partly by the rightward drift of the governing coalition, and partly from the absence of real incentives to compromise territorially due to the falling away of Palestinian armed resistance and the absence of meaningful pressure from Washington. There is a renewed reliance in Israel on the contention that the ‘Palestinians’ do not really have a distinct ethnicity, and hence are not a ‘people’ entitled to self-determination under international law. Palestinians are and should be viewed as ‘Arabs.’ As such, they have no need for another state as already 22 Arab states exist. In my experience, within Israel, almost no Israelis refer to Palestinians as other than as Arabs, except of course the Palestinians.

  

Of course, what a Palestinian state meant to the Palestinians was different than what it meant to the Israelis. Additionally, what it meant for the Palestinian Authority was also far apart from what the Palestinians overseas dispersed communities and the refugee camps believed to be the necessary components of peace. Almost necessarily, the focus on Palestine as a state rather than Palestine as the communal recipient of rights reduced the conflict to a territorial dispute supposedly susceptible to solution by a ‘land for peace’ formula. This approach marginalized other Palestinian grievances, above all, the right of return of Palestinian refugees, creating tensions between Palestinians living under occupation and Palestinians living in refugee camps and in exile. It also situated issues relating to Jerusalem in some indeterminate zone that was neither territorial nor distinct from territorial claims.

 

On the Israeli side, too, there were big variations. The dominant Israeli position in recent years has been one in which the dimensions of a Palestinian state must be subordinated to the imperatives of Israeli security as defined by the Israeli government. In effect, that would mean confiscating all of Occupied Palestine to the West of the separation wall and the settlement blocs as well as controlling the borders and maintaining for an indefinite period Israeli security forces in the Jordan Valley. In addition, Palestinians must renounce all their claims as part of a final status agreement, which would seem also to imply the end of any assertion of a right of return for 1948 and 1967 Palestinian refugees. More maximalist versions involve even larger annexationist features and treat the city of Jerusalem as exclusively belonging in perpetuity to Israel. On top of all these demands is the insistence by Netanyahu that the Palestinian Authority recognize Israel as a Jewish state, which both relegates the Palestinian minority in Israel to permanent subjugation and effectively renounces any Palestinian right of return.

 

The Israeli government having in recent years become virtually inseparable from the settler movement has long appreciated that the function of endorsing a Palestinian state was little more than a way of appeasing, and thereby neutralizing, world public opinion, given its insistence that a political solution was possible and necessary, and could only happen if the Palestinian got their state, satisfying at the very least, the territorial core of self-determination. Even now the Palestinian Authority continues to sing the same lyrics, although the melody is more solemn. The Palestinian governmental representatives in recent years have lost even the ability to say ‘no’ to international negotiations despite having nothing to gain from the recurrent charade of such American orchestrated gatherings and quite a bit to lose by way of expanding settlements, the altered makeup of Jerusalem, and a gradual shifting international mood in the direction of accepting Israeli maximalism as unassailable, if regrettable. Ironically, Israeli media influence and the supportive voice of the U.S. Government also blames the Palestinians for each round of failed peace talks, although for the first time, the Israel obstructionist role was so evident, Washington blamed both sides.

 

 

There is no light at the end of this particular tunnel. With what appears to be the death throes of a failed peace process is being acknowledged in the form of an eerie silence in high places. There is an absence of conjecture or advocacy as to how the conflict might end abetted by the recent focus on the turmoil in the region, especially the renewed chaos in Iraq and intensifying strife in Syria that has shifted public and media attention away from the Israel-Palestine agenda. This evasive silence has for the present replaced earlier false hopes invested in futile diplomatic negotiations. In retrospect, it is easy to conclude that political preconditions for conflict-resolving negotiations premised on a viable Palestinian sovereign state never truly existed on the Israeli side, assuredly after the assassination of Yitzhak Rabin in 1995. This is mainly because the expansionist vision of the right-wing settlers became more and more accepted as official state policy in Tel Aviv, and there was no longer pressures being mounted by Palestinian armed struggle. On the Palestinian governmental side, in contrast, there was an eagerness to end the occupation and attain the status and rituals associated with being a sovereign state. Confusion surrounded the practicalities of what such an arrangement would yield. It always seemed doubtful as to whether a deal like this could be sold to the Palestinian people if it left the several million Palestinians living in refugee camps and overseas out in the cold. This assessment is especially true since the death of Arafat in 2004, which has led to a virtual leadership vacuum on the Palestinian side.

 

The security logic of the Israeli right is that Israel will only be able to maintain its security over time if it continues to control all or most of the West Bank. This image of security reflects the view that real threat to Israel no longer comes from Palestinian armed resistance. It comes from the surrounding Arab world that is moving toward more advanced weaponry, and at some point is almost sure to again turn its guns and missiles in an Israeli direction. Additionally, pushing toward a similar understanding, is the view that the full realization of Zionism involves the incorporation of the West Bank, always referred to in internal Israeli discourse by their biblical names of Judea and Samaria.

 

Peace through bilateral negotiations presided over by the United States has long seemed moribund to many close observers, but after the recent collapse of the talks this top down diplomatic approach seems discredited even among governments and at the UN, at least for now. Yet it is impossible for most of the world to accept the finality of such a stalemate that favors Israel, in effect, ratifying land grabs and apartheid structures, while consigning the Palestinians to regimes of misery of for the indefinite future, which translates into the rigors of permanent denial of rights, oppression, refugee camps, and involuntary exile. This bleak assessment raises the question ‘What Now?’

 

           

Constructing a New Box

 

 

In situations of this sort, where differences seem irreconcilable, the common call is ‘to think outside the box.’ The old box was the consensus associated with the two-state mantra, which appeared to have a solidity that never truly existed. Now appearances are more reliable. At present there is not even a box to think within. Yet silence and despair is not an option while Palestine suffering and denial of rights endures. Future alternatives need to be imagined and appraised. Five seem worth pondering, and each has some plausibility.

(1)  Israeli One-State: Such an end game involves extending Israel’s border to incorporate most of the West Bank, keeping the settlements except, perhaps, relinquishing control over a few isolated outposts. This vision of Palestine’s future takes on heightened political relevance considering that Reuven Rivlin, the newly elected Israeli President, is an open advocate of a supposedly humane version of an Israeli one-state outcome, a position that directly contradicts Netanyahu’s endorsement of an eventual Palesinian state. This benevolent version, spelled out in some detail by an influential settler advocate, Dani Dayan, calls for a radical easing of Palestinian life in relation to day to day humiliations, ranging from the numerous checkpoints, restrictions on mobility, and anticipates and supports the dismantling of the separation wall. [See Dayan, “Peaceful Nonreconciliation Now,” NY Times, June 9, 2014]

 

Dayan proposes that the Israeli government take a series of steps to raise the Palestinian standard of living significantly. He admits that this type of ‘economic peace’ will never satisfy Palestinian political/legal grievances relating to territory, independence, and the right of return. Such a proposal is essentially offering the Palestinians a Faustian Bargain in which Palestinians give up their rights of resistance in waging a political struggle for self-determination in exchange for the tangible psychological and economic advantages of living better lives materially and enjoying some measure of dignity within an Israeli structure of governance. The obstacle here is that the authentic voices representing the Palestinian people seem united in refusing to renounce their political ambitions and their right of resistance. The acceptance of such an arrangement would be widely understood, including among the Palestinian people, as a political surrender to the de facto realities of Israeli settler colonialism carried to its maximalist endpoint. It is relevant to note that the Dayan proposal is coupled with the expectation that the Palestinians would renounce in principle and practice any right of violent resistance, while the Israeli state would be entitled to engage in violence whenever the perceived imperatives of security so demanded.

 

 

(2)  Binational One-State: The more idealistic version of the one-state solution presupposes a secular state that encompasses the whole of historic Palestine, establishes a unified government with democracy and human rights for all, and creates semi-autonomous regions where Jews and Palestinians can exercise self-administration and freely express their separate national and ethnic identities. In effect, the two dominant peoples in Palestine would agree to live together within a single sovereign state on the basis of equality and democracy, but with agreed provisions creating separate national communities preserving culture, tradition, ethnicity, and religious affiliation. There are several obstacles: given the realities on the ground and the attachment of an overwhelming majority of Israelis to the Zionist Project of a Jewish State with its unlimited right of return for Jews worldwide, the proposal seems utopian, lacking political traction. Furthermore, the disparities in wealth and education would likely lead to Israeli hierarchy, if not dominance and continued exploitation, in any process that purported to unify the country on a non-Zionist basis.

 

 

(3)  Israeli Withdrawal from Occupation: In this proposal, there would be no explicit shift in the structures of governance. In a manner similar to the 2005 Sharon Disengagement Plan for Gaza, this new initiative would apply to those portions of Palestine that Israel seeks to incorporate within its final international borders. This arrangement would leave the Palestinian Authority in charge of the remnant of the West Bank, as well as Gaza. It would maintain the actuality of the occupation regime, but without the presence of Israeli security forces and keep the separation wall, imposing rigid border controls and continue repression, effectively depriving Palestinians of the enjoyment of their most basic human rights. This approach                          rests on the assumption that Israeli military control is able to implement such a solution as well as to deal with external threats mounted from hostile forces in the region. The main obstacle is that Palestinians would have no incentive to accept such an outcome, it would be denounced in most international settings, including the United Nations, and it would have the likely political consequence of further isolating Israel in global settings.

 

(4)  Palestinian Self-Determination: There is some new thinking in the Palestinian camp, most articulately formulated by Ali Abunimah in his important book, The Battle for Justice in Palestine. The emphasis is on civil society activism and nonviolent Palestinian resistance as building global support for a solution that is responsive to the Palestinian right of self-determination. What form self-determination eventually assumes is a matter, above all, for Palestinians to decide for themselves. The realization of self-determination presupposes leadership that is accepted by authentic representatives of the whole of the Palestinian people, including those living as a minority within Israel, those living under occupation, and those in refugee camps and involuntary exile. The contours of the territorial division or unity that emerges would be the outcome of negotiations, but its embodiment would address the legitimate grievances of the Palestinian people as defined by international law and international human rights and include a formal acknowledgement by Israel of past injustices done to the Palestinian people. The main obstacle here is one of hard power disparities and rigidities, as well as the continuing, although weakening, Jewish worldwide engagement with the Zionist Project. The way around such an obstacle is to gain worldwide support that mounts sufficient pressure on Israel, the United States, and Europe so as to induce a recalculation of interests by Israeli leaders and citizens based on a new realism associated with the increasing leverage of growing Palestinian soft power capabilities.

 

(5)  Peaceful Co-Existence: In recent years, Hamas, strangely seems to be the last holdout for a version of the two-state solution, although in its maximalist form. Israel would need to withdraw to the 1967 borders, end its blockade of Gaza, and give Palestine control over East Jerusalem. The main obstacle here is that Israel would have to abandon its expansionist goals and dismantle the settlements, although it could retain the Zionist Project in its more limited territorial applications to Israel as it existed in 1967. The secondary obstacle is that the Hamas Charter calls for the total removal of the entire Jewish presence from historic Palestine, making the proposal seem tactical and untrustworthy, and at most intended to serve as an interim arrangement, an uneasy truce and unsustainable peace. Hamas officials have indicated a willingness to commit to 50 years of coexistence, a period in which much could change, including even the primacy of the statist framing of political community. It is impossible to imagine Israel accepting such a blurry outcome that rolled back the factual realities of expansion that have been created by Israel over the course of several decades. Besides, whatever its content the very fact that Hamas was the source of such a proposal would alone be sufficient to produce an Israel rejection.

 

A Concluding Comment

 

It is obvious that none of these five approaches seems either attractive enough to challenge the status quo or politically persuasive enough to shift the balance of forces bearing on the conflict. Yet, there are signs indicating both that the Israelis are moving toward a unilaterally imposed option and the Palestinians are becoming more inclined to combine nonviolent resistance with support for militant global solidarity. On the one side, the Israeli settler movement is on the front line, and on the other, the Palestinian BDS campaign is gathering momentum as the leading expression of the Palestine National Movement. In both instances, at this time the relevant governmental entities have been marginalized as political actors in relation to the struggle. This is itself an extraordinary development, but where it will lead remains obscure. Two images of the near future seem most relevant. From an Israeli perspective: the consummation of the Zionist project by the incorporation of all or most of the West Bank, the further ethnic consolidation of control over the whole of Jerusalem, and the rejection of any humanitarian responsibility or political ambition with regard to the Gaza Strip. From a Palestinian perspective: the growth of the global solidarity movement to a point where an increasing number of governments impose sanctions on Israel, reinforced societal initiatives associated with the BDS campaign, giving rise to new thinking in Israel and the United States about how best to engage in damage control. If such a point is reached, the experience of transforming apartheid South Africa into a multi-racial constitutional democracy is almost certain to intrigue the political imagination.

Zombie Ideas and the Presbyterian Divestment Decision

21 Jun

 

 

At this moment it is right to celebrate unreservedly  the outcome of the vote in Presbyterian General Assembly decreeing the divestment of $21 million worth of shares in Motorola Solutions, Hewlett-Packard, and Caterpillar, companies long and notoriously associated with implementing Israel’s unlawful occupation policies in the West Bank, Jerusalem, and Gaza. This carries forward the momentum of the BDS Campaign and recent efforts emanating from the UN and the EU to induce governments, as well as corporations and financial institutions to become aware that it is increasingly viewed as problematic under international law to profit from dealings with Israel’s settlements and occupation security mechanisms.

 

It is much too soon to suggest a cascading effect from recent moves in this direction, but the mainstreaming of the divestment and boycott campaigns in a major achievement of the Palestinian Solidarity Movement that is displacing the moribund ‘peace process’ that in recent months dramatized the extent to which the Israeli Government is not interested in a favorable negotiated solution even as mediated by partisan U.S. mediation mechanisms and in relation to a weak Palestinian Authority that seems readier to offer concessions than to seek compromises that incorporate Palestinian rights under international law.

 

The Presbyterian decision, itself vetted by an elaborate debate and producing a text crafted to narrow the distance between supporters and opponents of divestment did not address issues of context such as Israel’s formal approval of settlement expansion, the Knesset election of a new Israeli president, Reuven Rivlin*, who favors the annexation of the entire West Bank and Jerusalem, and the collapsed negotiations between the parties prompted a year ago by the Kerry diplomatic onslaught. In this regard the Presbyterian decision includes language affirming Israel’s right to exist, encouraging inter-faith dialogue and visits to the Holy Land, distancing the divestment move from BDS, urging a ‘positive investment’ in activities that improves the lives of both Palestinians and Israelis, and endorsing the two-state solution should be understood mainly as expressions of intra-Presbyterian politics, and not be interpreted as serious substantive positions. Such an interpretation of what is significant and what is not about this outcome is reinforced by the reported feverish lobbying of pro-Israeli NGOs against the decision, including by the Anti-Defamation League and taking the form of an open letter to the Assembly signed by 1,700 rabbis from all 50 states that together constitute the United States. The most ardent backers of Israel may now pooh-pooh the decision, but this seems like sour grapes considering their all out effort made to avoid such a pro-divestment result, which is sure to have a variety of ripple effects.

 

  • Mr. Rivlin, a Likud Party member of the Knesset, is a follower of the rightest inspirational figure, Ze’ev Jabotinsky, an early Zionist leader who favored a Jewish state encompassing the whole of historic Palestine. At the same time Rivlin is a social and political liberal favoring equal rights for Jews and Palestinians, including giving Palestinians the vote and the chance to govern if they achieve electoral success. Netanyahu, also from Likud and a follower of Jabotinsky, has claimed since 2009 conditionally to support the establishment of some kind of Palestinian state, but acts as if this will never happen under his watch, and in the meantime is totally illiberal in his support for harsh rule in occupied Palestine.

 

 

Because it reflects false consciousness, it may not be too soon to challenge the Presbyterian text for its ‘endorsement’ of the two-state solution. It seems to me to illustrate what Paul Krugman in another context called ‘the Zombie doctrine,’ namely, the retention of an idea, thoroughly discredited by evidence and the realities of the situation, but somehow still affirmed because it serves useful political purposes. Here, it enables the church divestment move to be reconciled with signals that the Prsebyterian Church is not departing from the official consensus among Western governments and the Palestinian Authority as to how the conflict is to be finally resolved. What this overlooks is the utter disdain for such a solution that is evident in Israel’s recent behavior, as well as the situation created by a half million Israeli settlers and over 100 settlements.

 

Some suggest that the Palestinian Authority is equally responsible for the diplomatic breakdown because it acted like a state by signing on to some international conventions angering Israel and then establishing a technocratic interim government as part of a reconciliation agreement with Hamas that angered Israel even more. It seems clear enough that if Israel had been genuinely interested in a grand accommodation with the Palestinians it would welcome such moves as creating the political basis for a more sustainable peace. More significantly, these moves by the PA followed upon overtly provocative announcements by Israeli official sources about approving plans for major settlement expansions and were overtly linked to Israel’s failure to follow through with agreed arrangements for the release of Palestinian prisoners. Despite Kerry’s cajoling and pleading with the Israeli leadership to keep the diplomatic path open, Israel defied Washington. In this political atmosphere, to retain any credibility among the Palestinians, the PA also had to act as if there was nothing to be gained by keeping the negotiations on life support.

 

With all due respect to the Presbyterian drafters of the text, it is not helpful to Palestinians, Israelis, and even Americans to lengthen the half-life of the two-state solution. Zombie ideas block constructive thought and action. Israeli right-wing advocate of an Israeli one-state solution are coming out of the closet in a manner that expresses their new hopes for their preferred solution. Those who favor a just and sustainable peace should abandon the pretension that separate states are any longer feasible, if ever desirable. It has become important to derail two-state discourse, which is at best now diversionary. The only futures worth pondering under current conditions is whether there will emerge from the ruins of the present either a political community of the two peoples that becomes an Israeli governed apartheid state or somehow there arises a secular and democratic bi-national state with human rights for all ethnicities and religious identities each protected on the basis of equality. 

Doing Business with Israel: Increasingly Problematic

20 Jun

[Note: Published below is a letter prepared by the European Coordination of Committee and Associations for Palestine (ECCP) and endorsed by John Dugard, Michael Mansfield, Eric David, and myself; it urges adherence to guidelines relating to corporate and financial activity with unlawful economic activities in Israel and occupied Palestine, and is guided by principles similar to the BDS campaign; it is notable that on June 20th the General Assembly of the Presbyterian Church by a close vote (310-303) voted to divest itself of $21 million dollars worth of shares in three corporations (Motorola Solutions, Hewlett-Packard, Caterpillar) engaged in legally and morally objectionable activities supportive of Israel's occupation of Palestine. There is a growing momentum associated with this new nonviolent militancy associated with the global solidarity movement supportive of the Palestinian struggle to gain a just peace, including realization of rights under international law. This nonviolent turn is being directly challenged by the rise of ISIS in the region that relies on unrestrained violence and promises the liberation of Palestine.]

European Coordination of Committees and Associations for Palestine (ECCP)

On 24-26 June, 37 European companies from 11 EU Member States will travel to Israel as a part of an EU led “Mission for growth” project that aims to “promote partnerships between Israeli and European companies 
active in sectors identified as leading and developing industries in Israel.” Among Israeli companies participating in the “Mission for growth” are those deeply complicit in Israel’s occupation and apartheid policy. The previous delegation of “Mission for growth” took place on 22-23 October last year in Israel, where 97 european companies from 23 EU Member States meet with 215 Israeli companies from the different industrial sectors. In this open letter supported by Richard FalkJohn DugardMichael Mansfield and Eric David, ECCP member organisations call on the European companies to abandon their plans to be involved in the project. Letter to the participants of EU led “Mission for growth”: We, the undersigned members of ECCP – the European Coordination of Committees and Associations for Palestine (ECCP) – a leading network of 47 organisations, NGO’s, unions and human rights organisations from 21 European countries are writing to you about your company’s participation in the recent EU-led mission to Israel named “Mission for growth” with the stated purpose of forging business ties with Israeli companies.

We are writing to make you aware about the legal, economic and reputational consequences to your business if these deals go ahead. According to the Israeli research center, WhoProfits, Israeli participants in “Mission for growth” programme directly contribute to and are complicit in acts that are illegal under international law. For example Elbit Systems, an Israeli military company is involved in the ongoing construction of Israel’s Wall, ruled illegal by the International Court of Justice in 2004.(see Annex) Recognizing these grave violations in 2009, Norway’s sovereign wealth fund divested from Elbit Systems.1 We would like to remind you that business involvement in Israel contains legal implications. According to international law as applied in the 2004 International Court of Justice advisory opinion on Israel’s wall and settlements, third party states are violating their own obligations to not recognize nor render aid or assistance to these serious Israeli violations by allowing financial and economic activity with complicit entities. Since last year, the government of the Netherlands have taken the proactive step to warn companies domiciled in its territory of the legal implications of ties with Israeli companies with activities in the occupied territories. As a result, Vitens, the Netherlands’ largest water supplier, broke an agreement with Mekorot, Israel’s public water company, due to its role in plundering water from Palestinian aquifers in the West Bank.2

PGGM, the largest Dutch pension fund followed suit and divested from all Israeli banks due to “their involvement in financing Israeli settlements.”3 The UN Guiding Principles on Business and Human Rights, supported by the EU and adopted by the UN Human Rights Council, explain that businesses must respect human rights and international humanitarian law. The Principles also urge states to withdraw support and not procure services from companies that persistently violate human rights.4 In September 2012, the UN General Assembly adopted a report on corporate complicity related to the illegal Israeli settlements by Richard Falk, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The report urges states to take steps to hold businesses accountable for their participation in Israeli violations of international law and to take steps to end business involvement in illegal Israeli settlements5 In March 2013, UN Human Rights Council adopted the report of the Independent Fact Finding Mission on the Israeli settlements. The Fact Finding Mission affirmed that involvement in settlement activities falls under the jurisdiction of the ICC and may result in criminal responsibility. Almost all Israeli companies are deeply complicit, directly or indirectly, in the oppression of Palestinians including its IT sector by drawing expertise from Israel’s military complex and Israel’s manufacturing companies, some based in settlements, with distribution outlets in settlements, helping to sustain them. By participating in the project and cooperating with Israeli companies involved in illegal Israeli settlements and military industry your company would be making a political decision to become deeply complicit with Israel’s violations of international law and Israel’s oppression of Palestinian rights. As such, your company would become a legitimate target for popular boycotts, divestments, protests and sustained campaigns to penalize your involvement and causing you economic losses similar to the loses already inflicted on French-company Veolia for its involvement in the settlement enterprise and British security company G4S6. The Boycott, Divestment and Sanctions (BDS) movement, from which we draw our strength, has been growing at the global level since its launch in 2005 of which the Economist magazine says it “is turning mainstream.”7 The BDS movement has consistently targeted complicit Israeli and international corporations — involved in Israel’s occupation, settlements and other international law infringements — such as SodaStream, G4S, Ahava, Mekorot, Elbit, Veolia, Caterpillar, Africa Israel, all Israeli banks, among others, with significant success and enormous reputational risks8. We will therefore monitor your company for business ties with Israel and urge you to abandon potential plans to cooperate with Israeli companies violating international law and human rights. Sincerely , European Coordination of Committees and Associations for Palestine (ECCP)

Endorsed by: Richard Falk -UN Human Rights Council Special Rapporteur for Palestine, 2008-2014 and Milbank Professor of International Law, Emeritus, Princeton University John Dugard – Professor Emeritus, University of Leiden, Former UN Special rapporteur on the situation of Human rights in the occupied palestinian Territory Michael Mansfield – Professor of Law, President of the Haldane Society and Amicus; practising Human Rights lawyer for 45 years Eric David – Law Professor, Free University of Brussels

*****************

Annex: Israeli participants in “Mission for growth” project violating human rights and international law -

Ahava Dead Sea Laboratories – a private Israeli cosmetics corporation which operates from the occupied West Bank. Ahava is the only company which sells Dead Sea cosmetics and islocated in the occupied area of the Dead Sea. The Ahava factory and visitors’ center is located in the Mitzpe Shalem settlement, on the shore of the Dead Sea in the occupied part of the Jordan Valley and a large percentage of Ahava shares are held by two Israeli West Bank settlements.

9Afcon Holdings- The group engages in the design, manufacture, integration and marketing of electro-mechanical and control systems. A subsidiary of the group – Afcon Control and Automation has supplied CEIA metal detectors to Israeli military checkpoints in the occupied Palestinian territories; such as the Hebron Machpela Cave Checkpoint, the Beit Iba checkpoint and the Erez Terminal in Gaza, as well as checkpoints in the occupied Jordan Valley. Additionally, in 2009 the Afcon has supplied services to the Jerusalem light train project, which connects the settlement neighbourhoods in occupied East Jerusalem with the city center. The company also supplies services to the Israeli Army, Israeli prison service and the Israeli police.

10El-Go Team – Provider of security gates. Vehicle gates and turnstiles of the company are installed at Qalandia, Huwwara and Beit Iba checkpoints restricting the occupied Palestinian population movement in the occupied territory.

11 - Elbit Vision Systems - the company manufactured electronic surveillance systems (LORROS cameras) to the separation wall project in the Ariel section. The company is a wholly owned subsidiary of Elbit Systems.

12Gila satellite network- Provider of satellite communication services. Antennas of the company are installed in checkpoints across the West Bank: Azzun Atma, Beit Iba and Anata – Shu’afat refugee camp. The company has also provided the Israeli Army with the VAST (very small aperture terminal) satellite communications system. Several satellite dishes were installed on armoured personnel carriers.

13Netafim – A global private company of irrigation technology, which also provides services and training to farmers and agriculture companies around the world. The company provides irrigation technologies and services to the settlements’ regional council of Mount Hebron and the settlement of Maskiut. The company’s employees volunteered in the Israeli army’s combat unit Oketz. The company employs 4000 employees, owns 16 manufacturing factories in 11 states and over 27 subsidiaries and representatives in over 110 countries. - LDD Tech - provides services to gas stations in settlements in the West Bank and in East Jerusalem.

1 http://online.wsj.com/news/articles/SB125197496278482849

2 http://www.haaretz.com/news/diplomacy-defense/.premium-1.562769

3 https://www.pggm.nl/english/what-we-do/Documents/Statement%20PGGM%20exclusion%20Israeli%20banks.pdf

4 http://www.business-humanrights.org/UNGuidingPrinciplesPortal/TextUNGuidingPrinciples

5 http://www.un.org/apps/news/story.asp?NewsID=43376#.UZH-eSvWyqw

6 http://www.bloomberg.com/news/2014-06-06/gates-foundation-sells-stake-in-u-k-security-company-g4s.html

7 http://www.economist.com/news/middle-east-and-africa/21595948-israels-politicians-sound-rattled-campaign-isolate-their-country

8 http://mondoweiss.net/2014/05/barclays-downgrades-sodastream.html

9 http://www.whoprofits.org/company/ahava-dead-sea-laboratories

10 http://www.whoprofits.org/company/afcon-holdings

11 http://www.whoprofits.org/company/el-go-team

12 http://www.whoprofits.org/company/elbit-systems

13 http://www.whoprofits.org/company/gilat-satellite-networks

Doing Business with Israel: Increasingly Problematic

20 Jun

[Note: Published below is a letter prepared by the European Coordination of Committee and Associations for Palestine (ECCP) and endorsed by John Dugard, Michael Mansfield, Eric David, and myself; it urges adherence to guidelines relating to corporate and financial activity with unlawful economic activities in Israel and occupied Palestine, and is guided by principles similar to the BDS campaign; it is notable that today the Presbyterian Church by a close vote (310-303) voted to divest itself of shares in three corporations engaged in legally and morally objectionable activities in Israel. There is a growing momentum associated with this new nonviolent militancy associated with the global solidarity movement supportive of the Palestinian struggle to gain a just peace, including realization of rights under international law.]

European Coordination of Committees and Associations for Palestine (ECCP)

On 24-26 June, 37 European companies from 11 EU Member States will travel to Israel as a part of an EU led “Mission for growth” project that aims to “promote partnerships between Israeli and European companies 
active in sectors identified as leading and developing industries in Israel.” Among Israeli companies participating in the “Mission for growth” are those deeply complicit in Israel’s occupation and apartheid policy.

The previous delegation of “Mission for growth” took place on 22-23 October last year in Israel, where 97 european companies from 23 EU Member States meet with 215 Israeli companies from the different industrial sectors.

In this open letter supported by Richard FalkJohn DugardMichael Mansfield and Eric David, ECCP member organisations call on the European companies to abandon their plans to be involved in the project.

Letter to the participants of EU led “Mission for growth”:

We, the undersigned members of ECCP – the European Coordination of Committees and Associations for Palestine (ECCP) – a leading network of 47 organisations, NGO’s, unions and human rights organisations from 21 European countries are writing to you about your company’s participation in the recent EU-led mission to Israel named “Mission for growth” with the stated purpose of forging business ties with Israeli companies.

We are writing to make you aware about the legal, economic and reputational consequences to your business if these deals go ahead.

According to the Israeli research center, WhoProfits, Israeli participants in “Mission for growth” programme directly contribute to and are complicit in acts that are illegal under international law. For example Elbit Systems, an Israeli military company is involved in the ongoing construction of Israel’s Wall, ruled illegal by the International Court of Justice in 2004.(see Annex) Recognizing these grave violations in 2009, Norway’s sovereign wealth fund divested from Elbit Systems.1

We would like to remind you that business involvement in Israel contains legal implications. According to international law as applied in the 2004 International Court of Justice advisory opinion on Israel’s wall and settlements, third party states are violating their own obligations to not recognize nor render aid or assistance to these serious Israeli violations by allowing financial and economic activity with complicit entities. Since last year, the government of the Netherlands have taken the proactive step to warn companies domiciled in its territory of the legal implications of ties with Israeli companies with activities in the occupied territories. As a result, Vitens, the Netherlands’ largest water supplier, broke an agreement with Mekorot, Israel’s public water company, due to its role in plundering water from Palestinian aquifers in the West Bank.2 PGGM, the largest Dutch pension fund followed suit and divested from all Israeli banks due to “their involvement in financing Israeli settlements.”3

The UN Guiding Principles on Business and Human Rights, supported by the EU and adopted by the UN Human Rights Council, explain that businesses must respect human rights and international humanitarian law. The Principles also urge states to withdraw support and not procure services from companies that persistently violate human rights.4

In September 2012, the UN General Assembly adopted a report on corporate complicity related to the illegal Israeli settlements by Richard Falk, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The report urges states to take steps to hold businesses accountable for their participation in Israeli violations of international law and to take steps to end business involvement in illegal Israeli settlements5

In March 2013, UN Human Rights Council adopted the report of the Independent Fact Finding Mission on the Israeli settlements. The Fact Finding Mission affirmed that involvement in settlement activities falls under the jurisdiction of the ICC and may result in criminal responsibility.

Almost all Israeli companies are deeply complicit, directly or indirectly, in the oppression of Palestinians including its IT sector by drawing expertise from Israel’s military complex and Israel’s manufacturing companies, some based in settlements, with distribution outlets in settlements, helping to sustain them.

By participating in the project and cooperating with Israeli companies involved in illegal Israeli settlements and military industry your company would be making a political decision to become deeply complicit with Israel’s violations of international law and Israel’s oppression of Palestinian rights.

As such, your company would become a legitimate target for popular boycotts, divestments, protests and sustained campaigns to penalize your involvement and causing you economic losses similar to the loses already inflicted on French-company Veolia for its involvement in the settlement enterprise and British security company G4S6. The Boycott, Divestment and Sanctions (BDS) movement, from which we draw our strength, has been growing at the global level since its launch in 2005 of which the Economist magazine says it “is turning mainstream.”7

The BDS movement has consistently targeted complicit Israeli and international corporations — involved in Israel’s occupation, settlements and other international law infringements — such as SodaStream, G4S, Ahava, Mekorot, Elbit, Veolia, Caterpillar, Africa Israel, all Israeli banks, among others, with significant success and enormous reputational risks8.

We will therefore monitor your company for business ties with Israel and urge you to abandon potential plans to cooperate with Israeli companies violating international law and human rights.

Sincerely ,

European Coordination of Committees and Associations for Palestine (ECCP)

Endorsed by:

Richard Falk -UN Human Rights Council Special Rapporteur for Palestine, 2008-2014 and Milbank Professor of International Law, Emeritus, Princeton University

John Dugard – Professor Emeritus, University of Leiden, Former UN Special rapporteur on the situation of Human rights in the occupied palestinian Territory

Michael Mansfield – Professor of Law, President of the Haldane Society and Amicus; practising Human Rights lawyer for 45 years

Eric David – Law Professor, Free University of Brussels

*****************

Annex:

Israeli participants in “Mission for growth” project violating human rights and international law

Ahava Dead Sea Laboratories – a private Israeli cosmetics corporation which operates from the occupied West Bank. Ahava is the only company which sells Dead Sea cosmetics and islocated in the occupied area of the Dead Sea. The Ahava factory and visitors’ center is located in the Mitzpe Shalem settlement, on the shore of the Dead Sea in the occupied part of the Jordan Valley and a large percentage of Ahava shares are held by two Israeli West Bank settlements.9

Afcon Holdings- The group engages in the design, manufacture, integration and marketing of electro-mechanical and control systems. A subsidiary of the group – Afcon Control and Automation has supplied CEIA metal detectors to Israeli military checkpoints in the occupied Palestinian territories; such as the Hebron Machpela Cave Checkpoint, the Beit Iba checkpoint and the Erez Terminal in Gaza, as well as checkpoints in the occupied Jordan Valley. Additionally, in 2009 the Afcon has supplied services to the Jerusalem light train project, which connects the settlement neighbourhoods in occupied East Jerusalem with the city center. The company also supplies services to the Israeli Army, Israeli prison service and the Israeli police.10

El-Go Team – Provider of security gates. Vehicle gates and turnstiles of the company are installed at Qalandia, Huwwara and Beit Iba checkpoints restricting the occupied Palestinian population movement in the occupied territory.11

- Elbit Vision Systems - the company manufactured electronic surveillance systems (LORROS cameras) to the separation wall project in the Ariel section. The company is a wholly owned subsidiary of Elbit Systems.12

Gila satellite network- Provider of satellite communication services. Antennas of the company are installed in checkpoints across the West Bank: Azzun Atma, Beit Iba and Anata – Shu’afat refugee camp. The company has also provided the Israeli Army with the VAST (very small aperture terminal) satellite communications system. Several satellite dishes were installed on armoured personnel carriers.13

Netafim – A global private company of irrigation technology, which also provides services and training to farmers and agriculture companies around the world. The company provides irrigation technologies and services to the settlements’ regional council of Mount Hebron and the settlement of Maskiut. The company’s employees volunteered in the Israeli army’s combat unit Oketz. The company employs 4000 employees, owns 16 manufacturing factories in 11 states and over 27 subsidiaries and representatives in over 110 countries.

- LDD Tech - provides services to gas stations in settlements in the West Bank and in East Jerusalem.

 

1 http://online.wsj.com/news/articles/SB125197496278482849

2 http://www.haaretz.com/news/diplomacy-defense/.premium-1.562769

3 https://www.pggm.nl/english/what-we-do/Documents/Statement%20PGGM%20exclusion%20Israeli%20banks.pdf

4 http://www.business-humanrights.org/UNGuidingPrinciplesPortal/TextUNGuidingPrinciples

5 http://www.un.org/apps/news/story.asp?NewsID=43376#.UZH-eSvWyqw

6 http://www.bloomberg.com/news/2014-06-06/gates-foundation-sells-stake-in-u-k-security-company-g4s.html

7 http://www.economist.com/news/middle-east-and-africa/21595948-israels-politicians-sound-rattled-campaign-isolate-their-country

8 http://mondoweiss.net/2014/05/barclays-downgrades-sodastream.html

9 http://www.whoprofits.org/company/ahava-dead-sea-laboratories

10 http://www.whoprofits.org/company/afcon-holdings

11 http://www.whoprofits.org/company/el-go-team

12 http://www.whoprofits.org/company/elbit-systems

13 http://www.whoprofits.org/company/gilat-satellite-networks

Israel-Palestine: Beyond The Liberal Imaginary

19 Jun

 

Prefatory Note: What follows is a letter to the NY Times responding to their editorial of June 6, 2014, which was not accepted for publication. I publish it here as a post because I believe it identifies some of the continuing ways in which public opinion on the relationship between Israel and Palestine continues to be distorted on Israel’s behalf in American media sources that have the undeserved reputation of being objective and trustworthy. The New York Times has long ranked high on this list, if not at its top!

This letter is particularly concerned with the misleading characterizations of Hamas, and the failure to pass judgment on the Netanyahu leadership as ‘extremist.’ Israeli security forces were guilty of extreme abuse of Hamas supporters in the aftermath of the June 2014 abduction of three settler teenagers in the vicinity of Hebron.

 

*****************

 

To the Editor:

 

            Re “Israeli-Palestinian Collision Course” (editorial, June 6, text reproduced below):

 

            You are correct that this is an opportune time to take account of Israel-Palestine peace prospects in light of failed direct negotiations and subsequent developments. It is misleading, however, to equate Israel’s accelerated expansion of settlements with the formation of the Fatah-Hamas unity government. Israeli action continues a pattern of flagrant violation of the 4th Geneva Convention while the Palestinian action is a constructive move that could finally make diplomacy on behalf of all Palestinians legitimate and effective.

 

            Even more regrettable is the editorial treatment of Hamas as “a violent, extremist organization committed to Israel’s destruction” and responsible for the violence on the border because “militants regularly fire rockets into Israel; in 2012 Hamas fought an eight-day war with Israel.” This kind of unqualified language distorts the realities of the last several years, and irresponsibly blocks any path to peace.

 

            It is prudent to be wary of Hamas, but not without some recognition that the situation is more nuanced. It is worth remembering that it was the United States that urged Hamas to compete politically in the 2006 elections, and when it unexpectedly won, reverted immediately to treating Hamas as a terrorist organization. Its administration of Gaza since 2007 has been orderly, despite intense difficulties caused by the Israeli blockade, an illegal form of collective punishment. During this period Israel itself negotiated several ceasefire arrangements with Hamas, relying on the good offices of Egypt, that reduced violence almost to zero; these ceasefires were broken by Israel. Let us recall that the Israeli attack on Gaza in November 2012 was initiated by the targeted assassination of Ahmed Jaberi, who was at that moment in the process of delivering a truce agreement to an Israeli interlocutor and had been the Hamas official leading the effort to suppress non-Hamas militias operating in Gaza that were firing many of the rockets into Israeli territory.

 

            In every conflict of this kind, when the dominant side is interested in peace it signals such an intention by abandoning its earlier refusal to deal with ‘terrorists’ and accepts its adversary as a political actor with genuine grievances and goals. This was true in Ireland in relation to the IRA, and indeed earlier when Israel decided to talk with Arafat and the Palestine Liberation Organization. It was true also in South Africa when the apartheid government released Nelson Mandela, whom we should remember was at the time a convicted and imprisoned terrorist leader.

 

            It is not necessary to overlook Hamas’ past, but to move forward it would certainly be more responsible to take account of its leaders recent statements that call for long-term coexistence with Israel within its 1967 borders, up to 50 years rather than repeating sterile condemnations. Surely there are better diplomatic alternatives than for both sides to engage in the demonization of their opponent.

 

Richard Falk

June 9, 2014

 

The author served as UN Special Rapporteur for Human Rights in Occupied Palestine on behalf of the Human Rights Council, 2008-1014

 

 

 

 

Israeli-Palestinian Collision Course

By THE EDITORIAL BOARDJUNE 6, 2014

The recent collapse of Israeli-Palestinian peace talks has sharpened tensions and put the two sides on a collision course. The feuding Palestinian factions, Fatah and Hamas, formed a government this week, prompting Israel to retaliate with plans for hundreds of new housing units in the West Bank and East Jerusalem. The Palestinians threatened unspecified countermeasures. It is clearly time for all sides to think hard about where this is headed.

Israel’s prime minister, Benjamin Netanyahu, has condemned the Fatah-Hamas reconciliation, at one point accusing the Palestinian president, Mahmoud Abbas, of saying “yes to terrorism and no to peace” and insisting that Israel will never negotiate with a government backed by Hamas.

 

Mr. Netanyahu is correct that Hamas, the Iran-backed group that took control of the Gaza Strip in 2007, is a violent, extremist organization committed to Israel’s destruction. Gaza militants regularly fire rockets into Israel; in 2012, Hamas fought an eight-day war with Israel.

It is also true that Fatah has renounced violence, recognized Israel and cooperated for years in administering the West Bank through the Palestinian Authority. Mr. Abbas has promised that the new government will abide by those principles, set out in 2006 by the United States and other major powers. To make it more palatable to Israel and the West, the new government, which is supposed to organize elections within six months, is composed of technocrats not affiliated with Hamas or other partisans.

 

Mr. Netanyahu has scoffed at that distinction — and some skepticism is warranted. While Hamas cannot simply be wished away, the United States and other countries that consider Hamas a terrorist group may find it impossible to continue aiding the Palestinians if Hamas plays a more pronounced role.

 

The reconciliation between Fatah and Hamas is risky for Fatah, but Mr. Abbas apparently felt he had nothing to lose. Nine months of American-mediated peace talks with Israel produced no progress. Nearing retirement, at age 79, he saw value in trying to reunite the West Bank and the Gaza Strip after seven years of bitter division.

 

This is a long shot, since previous reconciliation efforts have quickly collapsed, and there are the inescapable facts of Hamas’s hatred of Israel and its heavily armed militia. Given that Mr. Abbas’s call for Palestinian elections in the West Bank and Gaza within six months could bring Hamas to power, this new government could also be Mr. Abbas’s way to make trouble for Mr. Netanyahu.

Israel’s position is not so clear-cut. Even as Mr. Netanyahu demanded that the United States cut off aid to the new government, Israel continued to send tax remittances to the Palestinian Authority. And Mr. Netanyahu is not above negotiating with Hamas himself. In 2011, he traded more than 1,000 Palestinian prisoners for Gilad Shalit, the Israeli soldier held by Hamas for five years. In 2012, working through the United States and Egypt, he negotiated a cease-fire with Hamas that ended a brief war.

Mr. Netanyahu’s failure to persuade the international community not to recognize the new government reflects a growing breach between Israel and its most important allies. On Monday, the United States announced plans to work with and fund the unity government; it typically gives the Palestinians about $500 million annually. The European Union, another major donor, and the United Nations secretary general, Ban Ki-moon, also declared their support. China, India and Russia welcomed the unity government, despite Israel’s efforts to build closer ties with all three.

Many experts say that if there is ever to be an Israeli-Palestinian peace agreement, admittedly a distant dream at this point, the Palestinians must be united. But the United States has to be careful to somehow distinguish between its support for the new government and an endorsement of Hamas and its violent, hateful behavior. To have some hope of doing that, the United States and Europe must continue to insist that Mr. Abbas stick to his promises and not allow Hamas to get the upper hand.

 

Preparing the Path to a Just Peace for Palestine/Israel

14 Jun

 

 

After several past failures to reconcile Fatah and Hamas under the single Palestinian umbrella of the Palestinian Liberation Organization, a unity government was formed and its ministers sworn in on June 2nd in Ramallah. This supposedly interim government of ‘technocrats’ without party affiliations will be presided over by the Prime Minister of the Palestinian Authority, Rami Hamdallah.. Hamas was reported unhappy until with the composition of the government, withholding its approval until the last minute, but in the end went along. Additional to the diplomatic and long-term benefits of Palestinian unity, the people of Gaza could stand to gain in the short-term, especially if Egypt can now be persuaded to open its border for the passage of fuel and other necessities. Cairo’s aversion to Hamas’ Brotherhood past would be diluted in view of the PA, not Hamas, having become the legitimated governing authority for all Palestinians, including those living in Gaza. The urgent needs of the Gazans may help explain why the two Palestinian factions finally set aside the bitterness of the past, at least for now.

It is too soon to assess the wider implications of this political move that angers the Israeli government and has been greeted with hostile caution in Washington and Europe. For the first time since Hamas won the Gaza elections in 2006, and forcibly displacing a corrupt and abusive Fatah from its governing role a year later, the Palestinians are represented by a leadership that is inclusive of the West Bank, Gaza, and East Jerusalem. The governmental machinery is presently presided over by Mahmoud Abbas who is Chair of the PLO and the President of the Palestinian Authority, which has promised elections of a new leadership within six months. Many Palestinians hope that the stage is now set to reduce the ‘leadership deficit’ that has hampered diplomacy at least since the death of Yasser Arafat in 2004. Arafat in the years leading up to his death lost the respect of many Palestinians, partly because he seemed too ready to please Washington in his search for a solution and partly because he lost his grip on corrupting elements within his own entourage. Unfortunately, the only Palestinian that has both the stature and a political appeal that stretches from one end of the spectrum of political opinion to the other is Marwan Barghouti, and he is serving a long-term prison sentence in an Israeli jail.

 

Israel’s Response

 

For the moment Palestinian diplomatic unity has been achieved, and seems to be unnerving Israel. Its highest officials and main media have not questioned Prime Minister Benjamin Netanyahu truculent insistence that Israel will never negotiate with any Palestinian government that is “backed by Hamas,” and threatens a variety of hostile reactions ranging from accelerating the expansion of settlements to withholding customs transfer payments that the PA needs to meet its big public sector employment payroll of 150,000. Perversely, disavowing as illegitimate any Palestinian government that is backed by Hamas endows the organization with a ‘make or break’ political influence, or put differently, gives Israel a foolproof pretext for doing whatever it wants in occupied Palestine without encountering much adverse reaction. Such an unconditional posture confirms for me Israel’s disinterest in a diplomatic approach to real peace, and serves as an excuse for going forward with settlement expansion, ethnic consolidation of East Jerusalem, and continuing the punitive blockade and isolation of Gaza. This pattern was already present a few years ago when Al Jazeera published a series of documents associated with secret negotiations between the Israeli Government and the Palestinian Authority in which the PA offered major concessions, and Israel reacted with disinterest and the absence of any counter-offers. [See Clayton Swisher, ed., The Palestine Papers: The End of the Road (Chatham, UK, 2011)]

 

The Israeli rejection of this move toward Palestinian reconciliation is rationalized by the contention that Hamas was and remains a terrorist organization, and is unacceptable as a political actor because it refuses to recognize Israel as a Jewish state and renounce violence as a tactic of struggle. The United States and the EU share this assessment as a formal matter, but in a slightly more nuanced way although it continues to view Hamas as a terrorist organization, and hence an illegitimate interlocutor. Yet, to the openly declared disgust of Tel Aviv, the White House has announced that it will for the present continue to work with the PA, including keeping the aid flowing. It announced that it intends to closely monitor the role of Hamas in the unity government as the aid to the PA (worth $440 million this year) has been conditioned by the U.S. Congress on the absence of ‘undue influence’ on the part of Hamas. What constitutes undue influence is obviously in the eye of the beholder. Israel can be counted on do its part, exerting pressure via its lobbying allies on Israel’s many Congressional friends in Washington, to show that Hamas is indeed influencing PA policies at this point despite the absence of any Hamas officials in the formal leadership of the new PA government announced in Ramallah. If Israeli lobbying succeeds it could trigger a break in the flow of aid, and cause fiscal troubles for the PA, but maybe with political side benefits by providing Palestinians with badly needed increased room for diplomatic maneuver free from an overall subservience to the partisan wishes of Washington.

 

Whether this will happen is uncertain. There is sure to be a pushback in the United States by Republicans always eager to score points against the Obama presidency by claiming that Israel is not being supported in the manner that such a key ally deserves. As well, playing the anti-terrorist card still seems to be effective in agitating the American public. Even if Congress does force Obama’s hand, the effects are uncertain. For one thing, the Arab League has pledged $100 million per month to the PA to offset any shortfall arising from a suspension of aid, and several Arab governments have expressed their willingness to provide Ramallah with the equivalent of any funds withheld by Israel and the United States. If such a pledge is fulfilled, no sure thing given Arab past failures to deliver on similar pledges, it means that if aid is cut to the PA, the main effect will be political rather than economic. In this event, Tel Aviv and Washington would likely lose influence, while Cairo, Riyadh, and possibly Tehran seem poised to gain leverage not only with the Palestinians but throughout the Middle East.

 

 

Tentative Assessment

 

It is only possible at this stage to reach tentative conclusions. The move to unity comes after utter failure of the direct negotiations that the U.S. Secretary of State John Kerry pushed so hard to get started last year. For most observers, especially in light of the continuing expansion of Israeli settlements in the West Bank and Jerusalem, there seems no longer any credible prospect of a two-state solution in a form acceptable to the people of Palestine or with the possibility of creating a viable and fully sovereign Palestinian state. Beyond this, Palestine has started to act more and more as a state, a status dramatically affirmed by Pope Francis in his recent visit to the holy land. In this regard, it should be appreciated that Israel broke off negotiating with Palestine prior to the formation of the unity government, and not because of Hamas. The break occurred because the governing authority in Ramallah decided to sign 15 international conventions as a state party, a seemingly responsible step for Palestine to take if it wanted to be perceived as a state. Such an effort by the PA to confirm Palestine as a state without the endorsement of Israel and Washington is a direct result of the disillusionment by the PA with the ridiculous inter-governmental diplomacy that is still being championed by the U.S. Government as the only path to peace. The Palestinians have been living without rights under Israeli occupation for more than four and a half decades, and many Palestinian families have been languishing in refugee camps in and around Palestine ever since 1948. Besides this, the deferral of a resolution of Palestinian claims is not a neutral reality. It helps Israel expand, while diminishing Palestinian expectations in relation to their own territorial and national destiny.

 

I believe the bottom line importance of the unity government is the Palestinian realization that no solution to the overall conflict is even conceivable without the participation of Hamas. Beyond this, allowing Hamas to become an active part of the political equation strikes a body blow against Israel’s strategy of keeping the Palestinians as divided and subdued as possible. Hamas has taken a series of important steps to be accepted as a political actor, and thereby overcome its reputation as a terrorist organization associated with its earlier embrace of indiscriminate political violence, especially extensive suicide bombing directed at civilian targets within Israel. After entering and winning Gaza elections in 2006, Hamas went on to exercise effective governing authority in the Gaza Strip since 2007. It has been governing under extremely difficult circumstances arising from Israeli blockade and hostility. It has managed to negotiate and comply with ceasefire agreements via Egypt. Most relevantly, by way of statements of and interviews with its leaders indicating a readiness to enter into long-term co-existence agreements with Israel for up to 50 years if Israel withdraws to the 1967 ‘green line’ borders and ends its blockade of Gaza. The firing of rockets that can be directly attributed to Hamas in this period are almost always launched in a retaliatory mode after an unlawful Israeli violent provocation; most of the rockets launched are primitive in design and capability, and have caused little damage on the Israeli side of the border and often seem to be the work of extremist militias in Gaza that act independently and in violation of Hamas. Despite the low number of Israeli casualties, the threats posed by these rockets should not be minimized as they do induce fear in Israeli communities with their range. It should be recognized, also, that Hamas is known to possess more sophisticated rockets that could cause serious casualties and damage, yet has refrained from using them except in the course of defending Gaza in response to the massive attack launched by Israel in November 2012.

 

This profile of Hamas in recent years appears to represent a dramatic departure from its earlier positions calling for the destruction of the Israeli state in its entirety. It is fair to ask whether this more moderate line can be trusted, which cannot be fully known until it is tested by a positive engagement by Israel and the United States. So far Israel has made no reciprocal gestures even to the extent of taking some cautious note of these changes in Hamas’ approach. Israel has continued to repeat its demands that Hamas unilaterally renounce political violence, recognize Israel as a Jewish state, and indicate its acceptance of all past agreements with the Palestinian Authority. Even if Hamas were to take these steps it seems highly doubtful that Israel would alter its defiant position, continue to claim that such acts could not be trusted until further evidence of good faith are available, including amending the Hamas Charter. Doubts about Hamas’ trustworthiness seem a typically misleading distraction put forward by Tel Aviv. As whatever Hamas were to do, or even the PA, Israel would be sure to make its future security depend on its military capabilities, and place no reliance whatsoever on whether Palestinian political actors were true to their word. In the abstract, it does seem unreasonable to expect the Hamas to make these unilateral commitments demanded by Israel so long as the unlawful collective punishment of the people of Gaza in the form of the blockade continues.

At this point Hamas could and probably should do more to establish the bona fides of its abandonment of terror as a mode of armed struggle and its readiness to have peaceful relations with Israel for long periods of time. It could and should revise the Hamas Charter of 1987 by removing those passages that suggest that the Jews as a people are evil and provide jihadists with suitable targets that deserve to be stuck dead. It could also draft a new charter taking account of intervening developments and its current thinking on how best to wage the Palestinian liberation struggle. It may also be time for Hamas to make explicit a qualified commitment to a nonviolent path in pursuit of a just peace. In circumstances of prolonged occupation and state terrorism, Hamas is entitled to claim rights of resistance, although their precise contours are not clearly established by international law. Hamas is certainly entitled to act in self-defense within the constraints of international humanitarian law, and hence can condition any tactical renunciation of armed struggle by reserving these rights.

 

The one side of the Israeli rigidity that is rooted in psychological plausibility is the reality of fear, and Hamas if it wants to make progress toward a sustainable and just peace, would be well advised to do its best to recognize this obstacle. Ari Shavit starts his important, although not entirely persuasive book, in a revealing way: “For as long as I can remember, I remember fear. Existential fear…I always felt that beyond the well-to-do houses and upper-middle-class lawns of my hometown lay a dark ocean. One day, I dreaded, that dark ocean would rise and drown us all. A mythological tsunami would strike our shores and sweep my Israel away.” (My Promised Land: The Triumph and Tragedy of Israel, New York: Spiegel & Grau, 2013), ix.

 

I am not intending to suggest that such feelings in any way mitigate the injustices imposed on the Palestinian people for almost a century. I am saying that these feelings among Israeli are real and widespread among the Jewish population living in Israel, and that the process of inducing more Israelis to seek a genuine peace depend on sensitivity by Hamas to this reality. Such a call does not mean at all that Israel should not have done more in this period, especially to allay the strong suspicion that the excessive demands of the Israeli government issued in the name of security and the invocation of fear and loathing, whether toward Hamas or Iran, is not being manipulated by a cynical leadership in Tel Aviv with not the slightest interest in peace and accommodation on reasonable terms, but is primarily seeking to proceed toward the control of virtually the whole of historic Palestine and the exploitation of all its resources. In other words Israeli ‘fears’ are at once authentic and offer a useful dilatory tactic. I would also emphasize the relevance of the situation on the ground: Israel as a prosperous powerhouse and fully sovereign state as contrasted to Hamas, which is the governing authority of the tiny, blockaded, and totally vulnerable Gaza Strip whose impoverished population has been deliberately kept by Israel at a subsistence level and continuously subjected to Israeli state terror at least since 1967.

 

A salient issue in this context is whether it is reasonable and desirable to insist that Hamas adopt a new covenant as a precondition to its acceptance as a legitimate political actor. On the one side, as mentioned above, Israel if so motivated, could explore accommodation options without taking additional security risks because of its total military dominance, and thus without either trusting Hamas or making a renunciation of the 1987 Hamas Charter a precondition. On the other side, the fact that Hamas would be willing to amend its Charter or adopt a new one that would provide some tangible indication that it no longer is calling for the killing of Jews (Article 7) and the insistence that a sacred and violent struggle is mandated by Islam to persist until every inch of Palestine falls under Muslim rule (Articles 13 & 14). If the public declarations by Hamas leaders in the last several years are to be taken seriously, then Hamas owes it to itself and those acting in solidarity with the Palestinian struggle to clarify its current political vision of peace and justice. Such clarification is consistent with reaffirming the responsibility of Israel and the Zionist movement for past injustices and the accompanying denial of fundamental and inalienable rights to the Palestinian people, above all, the right of self-determination.

 

From the positions set forth here, it seems clear that at this point the officialIsraeli leadership is not inclined to seek a diplomatic outcome to the struggle that includes addressing legitimate Palestinian grievances. For this reason alone, it is fair to conclude that the 1993 Oslo framing of diplomacy, as most recently exhibited in the Kerry negotiations, is a snare and delusion so far as Palestinians are concerned. It not only freezes the status quo, it shifts the realities on the ground in the direction of Israeli expansionism via annexation, and moves toward the final stage of Zionist thinking, incorporating Judea and Samaria (the West Bank) into an Israeli version of the one-state solution. These moves, in effect, normalize the apartheid structure of relations between Israeli settlers and Palestinian residents, and shed the pretense of agreeing to the establishment of an independent Palestinian state. Against such a background, the incentive to change the Hamas Charter it should be understood is not to appease the Israeli government, but to manifest its own altered vision and strategy and to exert some influence upon the Israeli citizenry and world public opinion. It needs to be appreciated that whatever Hamas were to do to please Israel, it would make no essential difference. What is relevant to the present stage of the Palestinian national movement is to mobilize nonviolent militant resistance and solidarity support. It is on this symbolic battlefield of legitimacy that Palestinian hopes now rest.

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