Tag Archives: Hamas

An Open Letter of Response to CRIF (Conseil Représentif des Institutions Juives de France)

30 Dec

An Open Letter of Response to CRIF (Conseil Représentif des Institutions Juives de France)

I am shocked and saddened that your organization would label me as an anti-Semite and self-hating Jew. It is utterly defamatory, and such allegations are entirely based on distortions of what I believe and what I have done. To confuse my criticisms of Israel with self-hatred of myself as a Jew or with hatred of Jews is a calumny. I have long been a critic of American foreign policy but that does not make me anti-American; it is freedom of conscience and its integral link with freedom of expression that is the core defining reality of a genuinely democratic society, and the robust exercise of these rights are crucial to the quality of political life in a particular country, especially here in the United States where its size and influence often has such a large impact on the lives and destiny of many peoples excluded from participating in its policy debates or elections.

It is always difficult to negate irresponsible accusations of this kind. What follows is an attempt to clarify my honestly held positions in relation to a litany of charges that have been given currency by a defamatory campaign conducted by UN Watch ever since I was appointed by the UN Human Rights Council to be Special Rapporteur for the human rights situation in the Occupied Palestinian Territories in 2008. What follows are brief attempts at clarification in response to the main charges:

–the attacks on me by such high profile individuals as Ban ki-Moon, Susan Rice, David Cameron were made in response to vilifying letters about me sent to them by UN Watch, and signed by its Executive Director, Hillel Neuer. The contention that Navi Pillay, UN High Commissioner for Human Rights, also attacked me is misleading. She regretted the posting of a cartoon on my blog that had an anti-Semitic cartoon, but she took note of my contention that it was a complete accident and that the cartoon was immediately removed when brought to my attention;

–it was the cartoon that has served UN Watch as the basis of their insistence that I am an anti-Semite. Their bad faith is demonstrated by their repeated magnification of the cartoon far beyond what I had posted on the basis of its size on the Google image page for the International Criminal Court. As I have explained many times, I was unaware when I posted the cartoon of its anti-Semitic character, and pointed out that the post in which was inserted was dealing with my argument that the ICC was biased in its use of its authority, in this instance by issuing arrest warrants against the Qaddafi leadership in Libya. Israel was not mentioned in the post the content of which had nothing whatsoever to do with Judaism or Jews. To ignore such an explanation is to my way of thinking and to reprint the cartoon in an enlarged form is a sign of malicious intent; any fair reading of the 182 posts on my blog, including one devoted to Jewish identity would make it very clear to any objective reader that I have not expressed a single sentiment that can be fairly described as an anti-Semite. It is a grave disservice to both Israel and Jews to confuse criticism of Israel’s behavior toward the Palestinians with anti-Semitism.

–the claim that I am a 9/11 conspiracy theorist, actually a leading one, is false, as well. I have consistently maintained that I have insufficient knowledge to reach any conclusions about whether there is an alternative narrative of the 9/11 events that is more convincing than the official version. What I have said, and stand behind, is that David Griffin and many others have raised questions that have not been adequately answered, and constitute serious gaps in the official version that were not closed by the 9/11 Commission report. I would reaffirm that David Griffin is a cherished friend, and that we have professionally collaborated on several projects long before 9/11. It should be pointed out that Griffin is a philosopher of religion of worldwide reputation that has written on a wide range of issues, including a series on inquiries into the post-modern world and the desirability of an ecological civilization.

–The recent UN Watch letter that led me to be removed from the Human Rights Watch SB city Committee also claims I am a partisan of Hamas, which is a polemic charge and is untrue. What I have encouraged is a balanced view of Hamas based on the full context of their statements and behavior, and not fixing on language in the Hamas Charter or a particular speech. When the broader context is considered of Hamas statements and recent behavior is considered, then I believe there exists a potential opportunity to work with Hamas leaders to end the violence, to release the people of Gaza from captivity, and to generate a diplomatic process that leads to a period of prolonged peaceful co-existence with Israel. I have never insisted that this hopeful interpretation is necessarily correct, but I do maintain that it is worth exploring, and a preferred alternative to the current rigid insistence on refusing to deal with Hamas as a political actor because it is ‘a terrorist organization.’ It was evident in the recent violence preceding the November ceasefire in Gaza that leaders throughout the Middle East were treating Hamas as the governmental authority in Gaza and as a normal political entity, and this helped bring the violence to an end.

–Finally, UN Watch charges that I am biased and one-sided in my treatment of Israeli behavior, and cites Susan Rice and others for support, as well as noting my failure to report on violations by Hamas, Fatah, and the Palestinian Authority. I can only say once more that I am trying my best to be objective and truthful, although unwilling to give in to pressure. I did make an effort in my initial appearance before the Human Rights Council to broaden my mandate to take account of Palestinian violations, but was rebuffed by most of the 49 governmental members of the Council for seeking to make such a change, and reasonable grounds were advanced for not changing my mandate. I have noted Palestinian violations of international law wherever relevant to the assessment of Israeli behavior, as for instance in relation to the launch of indiscriminate rockets. Palestinian abuses of human rights of Palestinians under their control while administering portions of Occupied Palestine is outside my mandate, and I have no discretion to comment on such behavior in discharging my responsibilities as Special Rapporteur.

It is my view that Israel is in control of the occupied Palestinian territories of the West Bank, East Jerusalem, and the Gaza Strip, and is primarily responsible for the situation and the persistence of the conflict, especially by their insistence on undertaking provocative actions such as targeted assassinations and accelerated settlement expansions.

I would grateful if this account of my actual views and beliefs can be circulated widely in response to the CRIF repetition of the UN Watch attacks.

Richard Falk

29 December 2012

The Gaza Ceasefire: An Early Assessment

24 Nov

 

The Gaza Ceasefire, unlike a similar ceasefire achieved after Operation Cast Lead four years ago, is an event that has a likely significance far beyond ending the violence after eight days of murderous attacks. It is just possible that it will be looked back upon as a turning point in the long struggle between Israel and Palestine. Many have talked about ‘the fog of war,’ but it pales besides the ‘the fog of truce making,’ and in our media-infected air, the outcomes along with conjectures about the future are already being spun in all possible directions. Supporters of every position give their own spin, and then proclaim ‘victory.’ But as with the violent phases of the conflict, it is clarifying to distinguish the more persuasive contentions and interpretations from those that are less persuasive. What follows is one such attempt at such clarification.

It remains too soon to tell whether the ceasefire will hold for very long, and if it does, whether its central provisions will be implemented in good faith. At this early moment, the prospects are not promising. Israel has already used excessive violence to disperse Palestinian civilians who gathered on the Gaza side of the border, with a few straying across into Israel, to celebrate what they thought was their new freedom now to venture close to the border. This so-called ‘no-go-area’ was decreed by Israel after its 2005 ‘disengagement’ has been a killing field where 213, including 17 children and 154 uninvolved, had lost their lives according to Israeli human rights organizations. Israeli security forces, after firing warning shots, killed one Palestinian civilian and wounded another 20 others with live ammunition. The Israeli explanation was that it had given warnings, and since there had been no agreement on new ground rules implementing the ceasefire, the old regime of control was still in place. It is notable that Hamas protested, but at this point has made no moves to cancel the ceasefire or to retaliate violently, but the situation remains tense, fragile, and subject to change.

Putting aside the precariousness of the current situation and the accompanying uncertainties, it remains useful to look at the process by which the ceasefire was brought about, how this sheds light on the changing dynamics of the conflict itself, as well as discloses some underlying shifts in the regional and global balances of forces.

First of all, the role and outlook of the Arab governments was far more pro-active than in past interludes of intensified Israel/Palestine violence. During attacks several leading foreign ministers from the region visited Gaza and were received by the Hamas governing authorities, thus undermining the Israeli policy of isolating Hamas and excluding it from participation in diplomacy affecting the Palestinian people. Egypt played the critical role in brokering the agreement, and despite the Muslim Brotherhood affiliation of its leaders. Mohammed Morsi, the Egyptian President, emerged as the key diplomatic figure in the process and widely praised by the West for his ‘pragmatism.’ This can be understood as recognition of Morsi’s capability as a statesman to address the concerns of both sides without intruding his own pro-Palestinian outlook. Indeed, the auspices of this brokered agreement inverted what Americans have brought to the table in past negotiations, a pretension of balance, a reality of partisanship.

Secondly, the text of the agreement implicitly acknowledged Hamas as the governing authority of Gaza, and thereby gives it, at least temporarily, a greatly enhanced status among Palestinians, regionally, and internationally. Its claim to be a (not the) legitimate representative of the Palestinian people has now become plausible, making Hamas a political actor that has for the moment been brought in from the terrorist cold. While Hamas is almost certain to remain formally ‘a terrorist organization’ in the eyes of Israel, the United States, and Europe, throughout this just concluded feverish effort to establish a ceasefire, Hamas was treated as if ‘a political actor’ with sovereign authority to speak on behalf of the people living in Gaza. Such a move represents a potential sea change, depending on whether there is an effort to build on the momentum achieved or a return to the futile and embittering Israeli/U.S. policy of excluding Hamas from diplomatic channels by insisting that no contact with a terrorist organization is permissible or politically acceptable. Correspondingly, the Palestinian Authority, and its leader, Mahmoud Abbas, have been for the moment awkwardly sidelined, overshadowed, and made to appear irrelevant in the midst of this latest terrible ordeal affecting the Palestinian people. It is puzzling why such an impression was fostered by the approach taken by all the diplomatic players.

Thirdly, Israel accepted as integral conditions of the ceasefire two sets of obligations toward the people of Gaza that it would never have agreed to before it launched its Pillar of Defense Operation: (1) agreeing not to engage in “incursions and targeting of individuals” and (2) agreeing to meet so as to arrange for the “opening the crossings and facilitating the movements of people and the transfer of goods, and refraining from restricting residents free movement, and targeting residents in border areas.” If implemented in good faith by Israel, this means the end of targeted assassinations and it requires the lifting of the blockade that has tormented Gaza for more than five years. These are major setbacks for the Israeli policy, although Hamas is obligated to stop sending rockets from its territory. The political acceptance by Tel Aviv of a prohibition on targeted assassinations, if respected, renounces a favorite tactic of Israeli governments for many years, which although generally regarded as illegal was still frequently relied upon by Israel with impunity. Indeed, the most dramatic precipitating event in the recent controversial unfolding crisis timeline was the killing of Ahmed al-Jabari on 14 November, a military/political leader of Hamas, who at the very time was negotiating a truce relating to cross-border violence. Unraveling the competing claims of acting defensively should at least acknowledge this complexity that makes polemical the contention that only one side is responsible. The Obama administration, with its usual deference to Tel Aviv, misleading told the story of the sustained violence as if only Israel was entitled to claim a defensive prerogative.

Fourthly, the role of the United States, while still significant, was considerably downsized by these other factors, especially by the need to allow Egypt to play the main role as arbiter. Such a need was partly, no doubt, a consequence of Washington’s dysfunctional insistence of continuing to avoid any direct contact with Hamas officials. This Egyptian prominence suggests a trend toward the regionalization of Middle East diplomacy that diminishes the importance and seriously erodes the legitimacy of extra-regional interference. This is bad news for the Israelis and for the United States. Turkey, a state with bad relations with Israel, also played a significant role in defusing the escalating crisis.

There exists a revealing gap between the U.S. insistence all along that Israel’s use of force was fully justified because every country has the right to defend itself and the ceasefire text that placed restrictions on future violence as being applicable to both sides. After the ceasefire, the United States needs to make a defining choice: either continue its role as Israel’s unconditional enabler or itself adopt a more ‘pragmatic’ approach to the conflict in the manner of Morsi. If the United States remains primarily an enabler, its diplomatic role is likely to diminish rapidly, but if it decides to adopt a balanced approach, even if quietly, it might still be able to take the lead in establishing a real peace process that is sensitive to the rights of both sides under international law. To make such a shift credible, President Obama would have to make a major speech to the American people at some point explaining why it is necessary to choose between partisanship and diplomacy in reshaping its future relationship to the conflict. However sensible such a shift would be both for American foreign policy and the stability of the Middle East, it is highly unlikely to happen. There is nothing in Obama’s resume that suggests a willingness to go to the people to circumvent the dysfunctional outlook of special interest groups that have dominated the way the U.S. Congress and the media present the conflict.

Fifthly, the United Nations was made to appear almost irrelevant, despite the presence of the Secretary General in the region during the diplomatic endgame. Ban Ki Moon did not help matters by seeming to echo the sentiments coming from Washington, calling attention almost exclusively to Israeli defensive rights. The UN could provide more neutral auspices for future negotiations if it were to disentangle itself from Western geopolitics. To do this would probably require withdrawing from participation in the Quartet, and pledging a commitment to a sustaining and just peace for both peoples. As with United States, it is highly unlikely that the UN will make such a move, at least not without prior authorization from Washington. As with Obama, there is nothing in the performance to date of Ban Ki Moon as Secretary General that suggests either the willingness or the capacity to act independently when the geopolitical stakes are high.

Sixthly, the immediate aftermath of the ceasefire was a call from the Gaza streets for Palestinian unity, symbolized by the presence of Palestinian Authority, Hamas, Islamic Jihad, and Popular Front for the Liberation of Palestine flags all flying in harmonious co-existence. As the New York Times commented, “a rainbow not visible here in years.” If Palestinian unity holds, and becomes a practical reality by being implemented at governmental levels, it could alter the political landscape in a fundamental manner. To take hold it would require open and free elections throughout Occupied Palestine. If this narrative were to unfold, it might make the ceasefire to be perceived as much more than a temporary tense truce, but as a new beginning in the long march toward Palestinian justice.

All in all, the outcome of Operation Pillar of Defense was a resounding defeat for Israel in at least three respects: despite the incessant pounding of Gaza for eight days and the threat of a ground invasion, Hamas did not give in to Israeli demands for a unilateral ceasefire; the military capabilities of Gaza rockets exhibited a far greater capacity than in the past to inflict damage throughout the whole of Israel including Tel Aviv and Jerusalem, which suggests that in any future recurrence of major violence the military capabilities at the disposal of Gaza will become even greater; and the Israeli politics of promoting the Palestinian Authority as the only legitimate representative of the Palestinian people while refusing to deal with Hamas was dealt a heavy, possibly fatal, blow.

There is one chilling slant being given by Israeli officials to this attack on Gaza. It is brazenly being described as ‘a war game’ designed to rehearse for an impending attack on Iran. In the words of Israel’s ambassador to the United States, Michael Oren, “Israel was not confronting Gaza, but Iran.” Considering that at least 160 Gazans were killed, 1000 wounded, and many more traumatized, this is, or should be, a shocking admission of a declared intent to commit crimes against humanity. It should at least prompt the UN Human Rights Council to appoint a fact-finding mission to assess the allegations of criminal conduct during the military attack. In effect, the situation demands a Goldstone 2 report, but this time with the political will to follow through, assuming that incriminating findings are reported.If the HRC does not initiate such a process, as seems a near certainty at this point, the responsibility and the opportunity is a challenge to civil society organizations committed to peace and justice. Given the tactics and disproportionate levels of violence, it would be a fresh abuse of those who died and were injured, to fail to assess this behavior from the perspective of international criminal law.

These developments will themselves be affected by the pervasive uncertainties that make it likely that the ceasefire will be a short truce rather than a dramatic turn from violence to diplomacy. Will the parties respect the ceasefire? Israel has often in the past made international commitments that are later completely abandoned, as has been the case with dismantling the numerous ‘outposts’ (that is, ‘settlements’ unlawful even under Israeli law) or in relation to the commitment to settle the ‘final status’ issues associated with the Oslo Framework within five years. It is not encouraging that Israeli officials are already cynically whispering to the media that they agreed to nothing “beyond the immediate cessation of hostilities.” The undertakings of the text are thus being minimized as ‘talking points’ rather than agreed commitments that lack only specific mechanisms for their implementation. If Israel refuses to give effect to the agreed stoppage of targeted assassinations and does not move to end the blockade in good faith, it will not be surprising to see the rockets flying again.

The Palestinian Authority is poised to regain some of its lost ground by seeking recognition by the UN General Assembly of its status as ‘a non-member state’ on November 29, 2013, a move being fiercely resisted by Tel Aviv and Washington. It is probably too much to expect a softening of this diplomacy. Any claim of Palestinian statehood, even if only of symbolic significance, seems to threaten deeply Israel’s hypocritical posture of agreeing to the creation of a Palestinian state in the abstract while doing everything in its power to oppose any Palestinian efforts to claim statehood.

Such speculations must be conditioned by the realization that as the clock ticks the international consensus solution to the conflict, an independent sovereign Palestine, is fast slipping out of the realm of the feasible, if it has not already done so. The situation of prolonged occupation has altered the demography of Occupied Palestinian and raised the expectations of most Israelis. With as many 600,000 unlawful settlers in the West Bank and Jerusalem no foreseeable Israeli government would survive if it agreed to any conflict-resolving arrangement that required even a small percentage of those settlers to leave. In contrast, on the Palestinian side no arrangement would be sustainable without the substantial reversal of the settlement phenomenon. So long as this 1000 pound gorilla strides freely along the corridors of diplomacy, attaining a genuine peace based on the international consensus of two states for two peoples seems an exercise in wishful thinking.

At the same time, history has shown us over and over again that ‘the impossible’ happens, impossible in the sense that it is an outcome that informed observers rejected as ‘possible’ before it surprised them by happening. It happened when European colonialism was defeated, and again when the Soviet internal and external empire suddenly disintegrated, and then when the apartheid regime was voluntarily dissolved. Sadly, the Palestinian destiny continues to be entrapped in such a foreclosed imaginary, and yet as we have learned from history the struggles of oppressed peoples can on occasion achieve the unforeseeable. It is just barely possible that this latest display of Palestinian sumud (steadfastness) in the face of Pillar of Defense, together with the post-2011 increased responsiveness of the governments of Israel’s neighbors to the wishes of its their own citizenry, will give rise to a sequence of events that alters the equations of regional and global power enough  finally to give a just peace a chance.

The Latest Gaza Catastrophe: Will They Ever Learn?

18 Nov

 

            [This post is an updated version of an article published in the online English edition of Al Jazeera, 17 Nov 2012, taking account of some further developments in the new horrifying unfolding of violence in Gaza.

 

            President Obama, upon his arrival today in Bangkok at the start of a state visit to several Asian countries, reminded the world of just how unconditional U.S. support for Israel remains. Obama was quoted as saying, “There is no country on earth that would tolerate missiles raining down on its citizens from outside of its borders. We are fully supportive of Israel’s right to defend itself.” Much is missing from such a sentiment, most glaringly, the absence of any balancing statement along the following line: “and no country would tolerate the periodic assassination of its leaders by missiles fired by a neighboring country, especially during a lull achieved by a mutually agreed truce. It is time for both sides to end the violence, and establish an immediate ceasefire.”

 

            But instead of such statesmanship from this newly elected leader what we hear from Ben Rhodes, his Deputy National Security Advisor, who is traveling with the president in Asia is the following: that the rockets from Gaza are “the precipitating factor for the conflict. We believe Israel has a right to defend itself, and they’ll make their own decisions about the tactics they use in that regard.” Of course, these tactics up to this point have involved attacking a densely urbanized population with advanced weaponry from air and sea, targeting media outlets, striking residential structures, and killing and wounding many civilians, including numerous children. Since when does ‘the right to defend oneself’ amount to a license to kill and wound without limit, without some clear demonstration that the means of violence are connected with the goals being sought, without a requirement that force be exclusively directed against military targets, without at least an expression of concern about the proportionality of the military response? To overlooks such caveats in the present context in which Gaza has no means whatsoever defend itself indicates just how unconditional is the moral/legal blindfold that impairs the political wisdom and the elemental human empathy of the American political establishment.

 

            The statement by Rhodes signals a bright green light to the Netanyahu government to do whatever it wishes as far as Washington is concerned, and omits even a perfunctory mention of the relevance of international law. It presumes American exceptionalism, now generously shared with Israel, that doesn’t even have to bother justifying its behavior, conveying to the world an imperial directive that what would be treated as unspeakable crimes if committed by others are matters of discretion for the United States and its closest governmental associates.

 

            And what Netanyahu proposes is as chilling as it is criminal: to “significantly expand” what he calls Israel’s “Gaza operation” and what I call “the killing fields of Gaza.” This idea that a state defends itself by such an all out attack on an undefended society is humanly unacceptable, as well as being a mandate for future retaliation and festering hatred. Operation Cast Lead was launched in December 2008 to contribute to Israeli security, but instead led Hamas to acquire the kind of longer range rockets that are now posing genuine threats to Israel’s major cities. The unfolding logic of the conflict is that in a few years, Israel will be confronted by more sophisticated rockets capable of eluding the Iron Dome and accurately pinpointing their intended targets. This deadly logic of the war system continues to guide strategists and military planners in Washington and Tel Aviv, and ignores the string of political failures that marks recent American history from Vietnam to Afghanistan. The world has changed since the good old colonial days of gunboat diplomacy, and the history-making reality of military superiority. Will they ever learn?

 

            What should have been clear long ago is that Israeli security is not achieved by guns and missiles, nor incidentally are Hamas’ goals reached by rockets. The only clear path to security is to follow a ceasefire with some mutual assurances of nonviolent coexistence, a lifting of the blockade of Gaza, an acceptance by Israel (and the United States) of both Hamas and the Palestinian Authority as political actors, freezing all settlement construction, and a revival of negotiations on the basis of a commitment to produce a sustainable and just peace in accordance with Palestinian and Israeli rights under international law, above all the Palestinian right of self-determination. Depicting such a moderate approach to security for these two peoples highlights just how pathological present patterns of ‘acceptable’ behavior have become.

 

            Israel’s policies seemed almost calculated to increase future ‘insecurity’ for its people and the region. There is a slow ongoing mobilization of the region in support of Palestinian claims well expressed by the diplomatic re-positioning of Egypt and Turkey.  It will be become much more difficult for the United States to insulate Israel from the consequences of its future aggressions against the Palestinians. This is partly because it is likely that the next time, militants hostile to Israel will be better armed, as was true for Hezbollah after the 2006 Lebanon War and for Hamas since the 2008-09 Gaza attacks, and partly because the balance of regional forces is tilting quickly against Israel.

 

            These speculations make such obvious points that most Israeli strategists must be assumed to have appreciated them. It makes one wonder whether it is wrong to think of this latest surge of Israeli violence as primarily motivated by security considerations. Perhaps other motivations have greater weight: diverting attention from annexationist moves in the West Bank; reinforcing the Netanyahu claims to be the gallant protector of the nation; removing any pressure on Israel to uphold Palestinian rights; reminding Iran yet again of the militarized fury of an antagonized Israel assured of U.S. support.]

 

**************the text of the AJ article is reproduced below—————————

 

            The media double standards in the West on the new and tragic Israeli escalation of violence directed at Gaza were epitomized by an absurdly partisan New York Times front page headline: “Rockets Target Jerusalem; Israel girds for Gaza Invasion.” (NYT,  16 Nov 2012) Decoded somewhat, the message is this: Hamas is the aggressor, and Israel when and if it launches a ground attack on Gaza must expect itself to be further attacked by rockets. This is a stunningly Orwellian re-phrasing of reality. The true situation is, of course, quite the opposite: namely, that the defenseless population of Gaza can be assumed now to be acutely fearful of an all out imminent Israeli assault, while it is also true, without minimizing the reality of a threat, that some rockets fired from Gaza fell harmlessly (although with admittedly menacing implications) on the outskirts of Jerusalem and Tel Aviv. There is such a gross disproportion in the capacity of the two sides to inflict damage and suffering due to Israeli total military dominance as to make perverse this reversal of  concerns to what might befall Israeli society if the attack on Gaza further intensifies.

 

            The reliance by Hamas and the various Gaza militias on indiscriminate, even if wildly inaccurate and generally harmless, rockets is a criminal violation of international humanitarian law, but the low number of casualties caused and the minor damage caused, needs to be assessed in the overall context of massive violence inflicted on the Palestinians. The widespread non-Western perception of the new cycle of violence involving Gaza is that it looks like a repetition of Israeli aggression against Gaza in late 2008, early 2009, that similarly fell between the end of American presidential elections and scheduled Israeli parliamentary elections.

 

            There is the usual discussion over where to locate responsibility for the initial act in this renewed upsurge violence. Is it some shots fired from Gaza across the border and aimed at an armored Israeli jeep or was it the targeted killing by an Israeli missile of Ahmed al-Jabani, leader of the military wing of Hamas, a few days later? Or some other act by one side or the other? Or is it the continuous violence against the people of Gaza arising from the blockade that has been imposed since mid-2007? The assassination of al-Jabani came a few days after an informal truce that had been negotiated through the good offices of Egypt, and quite ironically agreed to by none other than al-Jabani acting on behalf of Hamas. Killing him was clearly intended as a major provocation, disrupting a carefully negotiated effort to avoid another tit-for-tat sequence of violence of the sort that has periodically taken place during the last several years. An assassination of such a high profile Palestinian political figure as al-Jahani is not a spontaneous act. It is based on elaborate surveillance over a long period, and is obviously planned well in advance partly with the hope of avoiding collateral damage, and thus limiting unfavorable publicity. Such an extra-judicial killing, although also part and parcel of the new American ethos of drone warfare, remains an unlawful tactic of conflict, denying adversary political leaders separated from combat any opportunity to defend themselves against accusations, and implies a rejection of any disposition to seek a peaceful resolution of a political conflict. It amounts to the imposition of capital punishment without due process, a denial of elementary rights to confront an accuser.

 

            Putting aside the niceties of law, the Israeli leadership knew exactly what it was doing when it broke the truce and assassinated such a prominent Hamas leader, someone generally thought to be second only to the Gaza prime minister, Ismail Haniya. There have been rumors, and veiled threats, for months that the Netanyahu government plans a major assault of Gaza, and the timing of the ongoing attacks seems to coincide with the dynamics of Israeli internal politics, especially the traditional Israeli practice of shoring up the image of toughness of the existing leadership in Tel Aviv as a way of inducing Israeli citizens to feel fearful, yet protected, before casting their ballots.

 

            Beneath the horrific violence, which exposes the utter vulnerability, of all those living as captives in Gaza, which is one of the most crowded and impoverished communities on the planet, is a frightful structure of human abuse that the international community continues to turn its back upon, while preaching elsewhere adherence to the norm of ‘responsibility to protect’ whenever it suits NATO. More than half of the 1.6 million Gazans are refugees living in a total area of just over twice the size of the city of Washington, D.C.. The population has endured a punitive blockade since mid-2007 that makes daily life intolerable, and Gaza has been harshly occupied ever since 1967.

 

            Israel has tried to fool the world by setting forth its narrative of a good faith withdrawal from Gaza in 2005, which was exploited by Palestinian militants as the time as an opportunity to launch deadly rocket attacks. The counter-narrative, accepted by most independent observers, is that the Israeli removal of troops and settlements was little more than a mere redeployment to the borders of Gaza, with absolute control over what goes in and what leaves, maintaining an open season of a license to kill at will, with no accountability and no adverse consequences, backed without question by the U.S. Government. From an international law point of view, Israel’s purported ‘disengagement’ from Gaza didn’t end its responsibility as an Occupying Power under the Geneva Conventions, and thus its master plan of subjecting the entire population of Gaza to severe forms of collective punishment amounts to a continuing crime against humanity, as well as a flagrant violation of Article 33 of Geneva IV. It is not surprising that so many who have observed the plight of Gaza at close range have described it as ‘the largest open air prison in the world.’

 

            The Netanyahu government pursues a policy that is best understood from the perspective of settler colonialism. What distinguishes settler colonialism from other forms of colonialism is the resolve of the colonialists not only to exploit and dominate, but to make the land their own and superimpose their own culture on that of indigenous population. In this respect, Israel is well served by the Hamas/Fatah split, and seeks to induce the oppressed Palestinian to give up their identity along with their resistance struggle even to the extent of asking Palestinians in Israel to take an oath of loyalty to Israel as ‘a Jewish state.’ Actually, unlike the West Bank and East Jerusalem, Israel has no long-term territorial ambitions in Gaza. Israel’s short-term solution to its so-called ‘demographic problem’ (that is, worries about the increase in the population of Palestinians relative to Jews) could be greatly eased if Egypt would absorb Gaza, or if Gaza would become a permanently separate entity, provided it could be reliably demilitarized. What makes Gaza presently useful to the Israelis is their capacity to manage the level of violence, both as a distraction from other concerns (e.g. backing down in relation to Iran; accelerated expansion of the settlements) and as a way of convincing their own people that dangerous enemies remain and must be dealt with by the iron fist of Israeli militarism.

 

            In the background, but not very far removed from the understanding of observers, are two closely related developments. The first is the degree to which the continuing expansion of Israeli settlements has made it unrealistic to suppose that a viable Palestinian state will ever emerge from direct negotiations. The second, underscored by the recent merger of Netanyahu and Lieberman forces, is the extent to which the Israeli governing process has indirectly itself irreversibly embraced the vision of Greater Israel encompassing all of Jerusalem and most of the West Bank. The fact that world leaders in the West keep repeating the mantra of peace through direct negotiations is either an expression of the grossest incompetence or totally bad faith. At minimum, Washington and the others calling for the resumption of direct negotiations owe it to all of us to explain how it will be possible to establish a Palestinian state within 1967 borders when it means the displacement of most of the 600,000 armed settlers now defended by the Israeli Defense Forces, and spread throughout occupied Palestine. Such an explanation would also have to show why Israel is being allowed to quietly legalize the 100 or so ‘outposts,’ settlements spread around the West Bank that had been previously unlawful even under Israeli law. Such moves toward legalization deserve the urgent attention of all those who continue to proclaim their faith in a two-state solution, but instead are ignored.

 

            This brings us back to Gaza and Hamas. The top Hamas leaders have made it abundantly clear over and over again that they are open to permanent peace with Israel if there is a total withdrawal to the 1967 borders (22% of historic Palestine) and the arrangement is supported by a referendum of all Palestinians living under occupation. Israel, with the backing of Washington, takes the position that Hamas as ‘a terrorist organization’ that must be permanently excluded from the procedures of diplomacy, except of course when it is serves Israel’s purposes to negotiate with Hamas. It did this in 2011 when it negotiated the prisoner exchange in which several hundred Palestinians were released from Israeli prisons in exchange for the release of the Israel soldier captive, Gilad Shalit, or when it seems convenient to take advantage of Egyptian mediation to establish temporary ceasefires. As the celebrated Israeli peace activist and former Knesset member, Uri Avnery, reminds us a cease-fire in Arab culture, hudna in Arabic, is considered to be sanctified by Allah, has tended to be in use and faithfully observed ever since the time of the Crusades. Avnery also reports that up to the time be was assassinated al-Jabari was in contact with Gershon Baskin of Israel, seeking to explore prospects for a long-term ceasefire that was reported to Israeli leaders, who unsurprisingly showed no interest.

 

            There is a further feature of this renewal of conflict involving attacks on Gaza. Israel sometimes insists that since it is no longer, according to its claims, an occupying power, it is in a state of war with a Hamas governed Gaza. But if this were to be taken as the proper legal description of the relationship between the two sides, then Gaza would have the rights of a combatant, including the option to use proportionate force against Israeli military targets. As earlier argued, such a legal description of the relationship between Israel and Gaza is unacceptable. Gaza remains occupied and essentially helpless, and Israel as occupier has no legal or ethical right to engage in war against the people and government of Gaza, which incidentally was elected in internationally monitored free elections in early 2006. On the contrary, its overriding obligation as Occupier is to protect the civilian population of Gaza. Even if casualty figures in the present violence are so far low as compared with Operation Cast Lead, the intensity of air and sea strikes against the helpless people of Gaza strikes terror in the hearts and minds of every person living in the strip, a form of indiscriminate violence against the spirit and mental health of an entire people that cannot be measured in blood and flesh, but by reference to the traumatizing fear that has been generated.

 

            We hear many claims in the West as to a supposed decline in international warfare since the collapse of the Soviet Union 20 years ago. Such claims are This is to some extent a welcome development, but the people of the Middle East have yet to benefit from this trend, least of all the people of Occupied Palestine, and of these, the people of Gaza are suffering the most acutely. This spectacle of one-sided war in which Israel decides how much violence to unleash, and Gaza waits to be struck, firing off militarily meaningless salvos of rockets as a gesture of resistance, represents a shameful breakdown of civilization values. These rockets do spread fear and cause trauma among Israeli civilians even when no targets are struck, and represent an unacceptable tactic. Yet such unacceptability must be weighed against the unacceptable tactics of Israel that holds all the cards in the conflict. It is truly alarming that now even the holiest of cities, Jerusalem, is threatened with attacks, but the continuation of oppressive conditions for the people of Gaza, inevitably leads to increasing levels of frustration, in effect, cries of help that world has ignored at its peril for decades. These are survival screams! To realize this is not to exaggerate! To gain perspective, it is only necessary to read a recent UN Report that concludes that the deterioration of services and conditions will make Gaza uninhabitable by 2020. 

 

           That is, completely aside from the merits of the grievances on the two sides, for one side to be militarily omnipotent and the other side to be crouching helplessly in fear. Such a grotesque reality passes under the radar screens of world conscience because of the geopolitical shield behind which Israel is given a free pass to do whatever it wishes. Such a circumstance is morally unendurable, and should be politically unacceptable. It needs to be actively opposed globally by every person, government, and institution of good will.     

 

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

7 Jan


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


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


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

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

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

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

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

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

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

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