Tag Archives: Hamas

Three Questions for Hamas

24 Aug

 

 

There is no doubt that Hamas has exhibited extraordinary resilience under the most difficult of conditions that have bedeviled its period of political leadership in the Gaza Strip that started in 2007. It also seems clear as persuasively argued by Sandy Tolan in a valuable Common Dreams article [Tolan, “Blown Chances in Gaza: Israel & U.S. Miss Many Chances to Avoid War, Aug. 13, 2014] that Hamas pursued multiple initiatives starting in 2006 designed to achieve calm and quiet in its relations with Israel, and that these initiatives, including back channel reassurance about peaceful intentions, were rebuffed without even being acknowledged by either Israel or the United States. It also seems the case that Israel acted to provoke the three most sustained military onslaughts directed at Gaza since 2008, and in each has relied on disproportionate force, inflicted numerous civilian casualties, and acted in a manner defiant of international humanitarian law. For these reasons Israel deserves to be treated as an ‘outlaw state’ for reasons set forth by Akbar Ganji and I argued in a two-part article appearing in the online pages of AlJazeera English [“The Outlaw State of Israel,” Aug. 20,21, 2014].

 

And yet Hamas also has some explaining to do if it wishes to be more widely accepted throughout the world as entitled to full respect as a legitimate political actor. This respect is crucial in the ongoing politics of enabling Hamas to play a major role in representing the national movement of the Palestinian people in all diplomatic settings. The announcement of a unity government between Fatah and Hamas was an important legitimating step in this direction. The following hard questions deserve convincing responses from those advocating the further legitimation of Hamas:

 

  • Why provide Israel with an argument for its massive military assaults by firing thousands of rockets that do minimal damage and give Israel a credible argument for recourse to defensive force applied disproportionately and causing intolerable levels of suffering for the people of Gaza? Are there not alternatives and better ways to sustain the spirit and substance of Palestinian resistance?

 

  • Is it not overdue to modify the language, tone, and substance of the Hamas Charter or Covenant of 1988 so as to reconcile such a foundational document with the more moderate diplomatic postures articulated by Hamas leaders in recent years? Why leave this gap that Israel can exploit to justify its refusal to deal with Hamas or respond to its frequently articulated political proposal of long-term peaceful co-existence? Either Hamas stands by this exterminist language or it must supersede it by a new formulation of goals and vision.

 

 

  • Can Hamas expect to be viewed favorably by public opinion and in diplomatic circles when it engages in grisly forms of revolutionary justice when dealing with Palestinians suspected of collaborating with Israel? As many as 21 Palestinians were reported to have been hung in prominent public places in Gaza on August 22nd on charges of collaborating with the enemy. Similar issues of summary execution arose in the context of the earlier Israeli aggressions in 2008-09 and 2012, and such behavior was then widely condemned by Palestinian human rights groups and many others in Gaza. Admittedly, the problems posed by collaborators is a great security threat given the realities of the blockade and vulnerability of Gaza, but Hamas jeopardizes its reputation and claim to be a legitimate political actor by so behaving, and to some extent nullifies the strong effort of its leaders in recent years to project a moderate ethically responsible image by word and deed. Putting the question differently, ‘why is it necessary?’ Many of us are aware that Israel uses all manner of ‘dirty tricks’ to induce collaboration when it recruits informers in Gaza, which should be the basis of empathy on the part of Hamas for compromised individuals or at the very least cause the wheels of justice to await the outcome of an evidence-based trial before imposing death sentences, and then not doing so in such dehumanizing and degrading manner?

 

I do not raise here the accusations associated with charges and counter-charges relating to the use of ‘human shields’ in the course of the fighting. The evidence is cloudy as to such behavior, and as to whether it occurrence reflects policy, or is a deviation therefrom. There are difficult issues of applying international criminal law in circumstances of asymmetric urban warfare, and an overall caveat about striking a self-righteous position with respect to the tactics used by either side is that military expediency has consistently prevailed over the constraints of law and morality throughout the history of warfare. A reading of Kurt Vonnegut’s Slaughterhouse-Five (1969) or a consideration of strategic bombing of German and Japanese cities during World War II, including the use of atomic bombs to incinerate Hiroshima and Nagasaki despite their irrelevance to the outcome of the war and the horrendous impact on the large civilian populations.

 

In the last several years I have received much criticism, and worse, for urging the adoption of a positive attitude toward the Hamas effort to be treated as a political actor with legitimate grievances, and by observing that the behavior of Hamas in relation to Israel has been of a generally defensive nature in the face of constant harassment, unacceptable abuse, and an extreme campaign of delegitimation, even criminalization. It remains my judgment on the basis of evidence available to me that Hamas has sought a quiet border with Israel, and that Israel has been principally responsible for the violence, and beyond this, for virtually all of the death and destruction on the Gaza side of the border that has occurred in this period. It is also encouraging to take note of Hamas agreement to seek recourse to the International Criminal Court in pressing Palestinian grievances against Israel even though if an investigation of allegations goes forward it will include looking into contested aspects of Hamas’ behavior from the perspective of international criminal law.

 

The efforts of the international community and the UN to impose solutions, up through the failed Kerry initiative that collapsed last April, have not contributed to peace and justice either between Israel and Palestine, or in the wider region. Whether wittingly or not, the international diplomacy of the West has produced dispossession, violence, and seemingly irreconcilable conflict with disastrous and tragic consequences for the indigenous population of Palestine ever since the end of World War I.

 

Gaza Interview

20 Aug

(Prefatory Note: I have had several requests to post an interview published in CounterPunch on the Gaza crisis; it covers a wide range of issues, but is not up to date in relation to a rapidly changing situation in which adversaries are engaged in a misleading blame game while the bodies and rubble continue to pile up on the Gaza side of the border)

 

An Interview with Richard Falk on the Crisis in Gaza

by KEN KLIPPENSTEIN

 

Richard Falk is an American professor Emeritus of International Law at Princeton University. He just completed a six-year term as United Nations Special Rapporteur on Palestinian human rights. He was appointed to this role by the UN Human Rights Council, in 2008.

Ken Klippenstein: Could you describe Sisi’s [Egypt’s new leader] relationship with Hamas?

Richard Falk: The [Sisi] government is determined to destroy the Muslim Brotherhood and they view Hamas as an extension of the Brotherhood. So they’re, in a certain way, on the same side as Israel on this particular confrontation.

KK: Has the aerial bombardment campaign adopted by Israel done anything to decrease the rocket fire coming from Gaza?

RF: There’s no evidence that it has. It certainly has caused some damage and some deaths to those involved in either making or deploying and firing the rockets. But there’s no discernable effect in stopping Hamas’ and other militias’—it’s not only Hamas, there are other militias, some of which Hamas doesn’t control—that have engaged in this kind of rocket fire. The only alternative to using these rockets for defenseless people like those living in Gaza is to absolutely do nothing—to be completely passive. They have no military capability to resist Israel on the ground or in the air or from the sea. So it’s a very one-sided war; and one-sided wars are, in my view, by their very nature unlawful and constitute crimes against humanity.

KK: Since Palestine lacks statehood, does that deny them recourse to the protections afforded by international law?

RF: The UN General Assembly on Nov. 29, 2012 passed a resolution recognizing the statehood of Palestine as a non-member observer state of the UN. That has been interpreted as giving Palestine the status of being a state in international society for most purposes. They have joined UNESCO, for instance, as a member state, and they’ve adhered to more than 15 international treaties open only to states. They’re recognized by, I think, 130 governments as a state. They could at this point seek redress at the International Criminal Court, a step that Israel and the United States have declared would be very provocative from their point of view and would lead to adverse consequences.

In effect, the United States and Israel are saying it’s not acceptable to use international criminal law to uphold your legal rights.

KK: What is the US role in the aerial bombardment campaign?

RF: The US is definitely complicit and legally accountable, at least in theory, in that this weaponry is not supposed to be used except in accordance with international law; and if the whole undertaking is a violation of international law, then the United States is responsible, and should diplomatically have been seeking to restrain and censure Israel, rather than to lend its support.

Beyond that, there is the sense that Congress itself—again at least theoretically—restricts military assistance to foreign countries in a way that is supposed to be compatible with international law and the UN Charter. So by the guidelines that are embedded in American law itself, this is an unlawful and unacceptable policy that the US government has been pursuing.

KK: Could you talk about the legality of the siege of Gaza?

RF: The siege of Gaza is clearly a form of collective punishment that is prohibited by Article 33 of the 4th Geneva Convention, which unconditionally prohibits any recourse to collective punishment. A blockade that has been maintained since the middle of 2007 is directed at the entire civilian population of Gaza. It includes many items that are needed for health, subsistence, and minimum requirements of a decent life. So in my view, Israel—as the occupying power (under international law) of Gaza—is supposed to protect the civilian population, rather than subject it to a punitive blockade of the sort that’s been in existence these past 7 years.

KK: Israel sometimes phones warnings ahead of time before bombing buildings. Do you believe that this constitutes a serious effort to minimize civilian deaths?

RF: One would have to look carefully at each context. My impression is that Gaza is a place where there’s no real opportunity to escape from impending attacks. There may have been some lives saved as a result of these warnings. My impression is they’re not given consistently and comprehensively; and furthermore, that in the wider context of Gaza, there’s no opportunity for people to become refugees or to even move from points of danger to points of relative safety. It’s unusual in a wartime situation where almost always there is an option of crossing borders during a period of combat and finding some sort of sanctuary. Israel again, as the occupying power, has an obligation to see to it that the civilian population [of Gaza] is protected. They deny any kind of exit right to Palestinians living in Gaza, except those holding foreign passports (there are about 800 Palestinians with dual passports who have been allowed to cross the border into Israel). 150 of those have American citizenship and the US consulate has been facilitating their departure if those people want to.

But in general, for the 1,700,000 Gazans, they are denied the option of becoming refugees or even of becoming internally displaced persons. And therefore they cannot escape from the fire zone that Israel has created. And even if they’re not direct casualties being killed or injured, they are living under the cloud of state terrorism maintained day and night over this period, in a way that psychiatrists and psychologists and mental health experts say is inducing mass trauma on the part of the Palestinian people, particularly among the children.

Even before this attack there exists a highly anxious atmosphere because there are Israeli planes flying over all the time; and it’s never clear when they will do something that is hostile. People of Gaza, as I’ve been saying, are completely vulnerable. They have no way of fighting back. They are at the mercy of the Israelis. And the Israelis show very little mercy.

KK: What is Israel’s legal rationale for denying Gazans the displaced persons status that you mentioned before?

RF: As far as I know, they haven’t articulated any justification for this policy. They just close the borders and the international community has by and large been scandalously silent; and has remained so up to this time.

KK: What is the US role in blocking a UN resolution condemning Israeli violence in Gaza?

RF: As I understand it, the US did indicate its readiness to veto any resolution that blamed Israel, and there was support for such a resolution on the part of the majority of the members of the Security Council. What the UN ended up doing was issuing a statement that called for a ceasefire but it is a statement that has no binding legal effect and did not in any way censure Israel for its role.

KK: Do you believe the Security Council should be reformed in any way, given the US’ propensity for vetoing otherwise unanimous Security Council resolutions?

RF: I think it would be a helpful move from the perspective of global justice and the implementation of international law; but as matters now stand, it’s a very impractical step because no amendment to the UN charter can be made without the consensus of the 5 permanent members of the Security Council, each of whom has a veto. The United States and probably Russia and maybe China would veto any effort to deprive them of their veto rights. So it’s more or less gridlocked with respect to reform.

KK: Would you support a call for an arms embargo on Israel?

RF: Yes I would. I think it would be an appropriate move at this point. Israel has consistently defied international law in many different ways. It shows no sign of respecting the wishes of the international community, at this time, for an immediate ceasefire. So I think that the only way the world can show that it’s at all serious about protecting vulnerable peoples—in this case the Palestinians—would be to impose an arms embargo.

Of course Israel has a very robust arms industry itself. It’s one of the ten leading exporters of arms. And it’s of course inconceivable that, at this stage, the US and several of the West European countries would respect such an embargo. Nevertheless, it would be an important symbolic step in the direction of delegitimizing the kind of behavior that Israel has been engaged in.

KK: In the case of Israeli kidnappings and murder of Palestinians in Palestinian territory, can the perpetrators be brought before a Palestinian court or must Palestinians simply accept an Israeli court? 

RF: At this point they would have to accept the formal authority of the Israeli courts because the crime was committed in an area under Israeli legal administration. And the accused are in the possession of the Israelis and therefore they have the authority under international law to prosecute.

If there’s not a serious assessment of the crime, it could be questioned as an evasion of the obligation to prosecute; and if found guilty, punish those that engage in this kind of behavior. Remembering that, as far as we know, this was purely private criminal activity. It was not something that the government can be shown to have authorized—although the background of incitement after the kidnapping of the 3 Israeli teenagers on Jun 12th is part of the broader context in which this crime occurred.

KK: Are allegations of Hamas using human shields credible?

RF: There hasn’t been, as far as I know, serious evidence that this has taken place. In fact there is evidence that the Israelis used Palestinians as human shields when they mounted the ground offensive back in 2008-2009. And even if the Palestinians did do this, it would still not vindicate Israelis shooting directly at civilians, unless there was some kind of argument of absolute military necessity, which is pretty remote from this situation.

KK: Do you believe that Israel has been committing war crimes in Gaza?

RF: Yeah. I think certainly there’s the basis for alleging war crimes. It requires a formal legal judgment to reach the conclusion that there have been war crimes committed. There is a presumption of innocence until proven guilty—that’s important to maintain. But certainly the evidence that I’m aware of suggests the commission of serious crimes against humanity and war crimes in the course of this operation.

KK: Could you discuss the background of the crisis? Western media’s accounts usually begin with the kidnapping and murder of the three Israeli boys, omitting important contexts: the siege of Gaza, for instance.

RF: The timeline for these justifications that are made by Israel is very self-serving and not very convincing. Of course, you have a complex pattern of interaction. On the other hand, Israel is the occupying power, and has the international responsibility to protect the civilian population [of Gaza]. And in the case of the kidnapping on Jun 12, they had the opportunity to limit the response to an enforcement action that was done in a reasonable way. Instead they used it as a pretext for seeking to destroy Hamas as a political actor present in the West Bank; and then extending that anti-Hamas policy to the attack on Gaza. So it was clearly a way of using this initial criminal act as a means to pursue a much wider political agenda that focuses on Israel’s national ambition to control the West Bank—at least most of the West Bank, where the settlements are—and to eliminate from that reality the only viable Palestinian opposition force (because the Palestinian Authority that is nominally in control on behalf of the Palestinians of the West Bank, is in a semi-collaborationist relationship with Israel). So the attempt to get rid of Hamas as a political influence on the West Bank particularly, and to punish it severely in Gaza where it’s in control of the governing process, is a crime.

KK: Why did Netanyahu not take Abbas up on his offer to cooperate with the investigation into the kidnapping and killing of the three Israeli boys?

RF: I think it’s part of Netanyahu’s political escalation of the Israeli approach at this point. They repudiated the direct negotiations—which didn’t make much sense in the first place—but they repudiated them as a way of stating that they would no longer seriously engage in diplomacy but would impose their own solution on the conflict. And that solution involves consolidating control over the whole of Jerusalem and taking all or the most valuable parts of the West Bank and in effect annexing them to Israel.

KK: Under the Arms Control Act of 1976, governments that receive weapons from the US are required to use them for legitimate self-defense. Does the US’ arms aid to Israel violate that law?

RF: Yes, definitely. From everything I’ve been saying, there’s no legal, political or moral argument that would uphold the claim that Israel is acting in legitimate self-defense. There’s been no armed attack by Hamas or Gaza; in any event, Gaza from an international law point of view, is not a foreign state but an occupied territory. It’s not clear that you can exercise self-defense in relation to a territory that you are responsible for administering in accordance with international humanitarian law.

Ken Klippenstein is a journalist based in Madison, Wisconsin, USA. He can be reached via twitter @kenklippenstein or email: kenneth.klippenstein@gmail.com

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Strange Regional Alignments in the Gaza Massacre

11 Aug

Neighborly Crimes of Complicity in Gaza

 

[Prefatory Note: my post below, an earlier version of which was published in AlJazeera English as an opinion piece. It was written before I had the opportunity to read an illuminating assessment of the regional and global turmoil that culminated for now in the massacre carried out by Israeli armed forces in Gaza. I highly recommend “The Tragedy of Great Power: The Massacre of Gaza and the Inevitable Failure of the Arab Spring” written by the learned Islamic jurist and scholar, Khaled Abou El Fadl, a distinguished professor at UCLA School of Law, with the link to the article below:

http://www.abc.net.au/religion/articles/2014/08/08/4064106.htm

 What makes Professor El Fadl profound essay particularly valuable is his ability to fit the regional pieces together in a convincing manner, showing how and why governments that rule in Saudi Arabia and the UAE, encouraged the overthrow of Egypt’s elected government headed by Mohamed Morsi in mid-2013 and more recently encouraged Israel to destroy Hamas. He also shows that Hamas is not accurately perceived as a byproduct of the Egyptian Muslim Brotherhood, but has its own “very distinct pedagogies, objectives and methodologies.” In depicting the forces of resistance and transformation as opposed to the geopolitics of counterrevolution as constituting the core struggle taking place throughout the region it becomes clear why the alignments in the Middle East are assuming their current configurations.

 It is telling and provocative for Professor El Fadl to situate the Palestinian Liberation Organization (and by implication, the Palestinian Authority) as de facto allies of Sisi’s Egypt, Saudi Arabia, and the UAE as well as being existential partners of the United States and Israel in subjugating the region to Western goals. What has developed further since the end of the Cold War rivalry that long dominated the region should be considered a geopolitical protection racket that gained political salience in the aftermath of the Arab Spring. The upheavals of 2011 shook the foundations of the old order, and led to renewals throughout the region of Faustian Bargains by which various authoritarian regimes receive protection, including help with the destruction of any political actor, whether Islamic or not, that dares to challenge this established order composed of ultra-rich native elites claiming dynastic privileges conferred by colonial powers then seeking native collaborators to manage exploited and oppressed populations. While these elites appease Israel, the masses in the same political space remain passionately and symbolically dedicated to the Palestinian struggle as became evident in the September 9, 2011 attack by several thousand Egyptians on the Israeli Embassy shortly while the heroic memories of the overthrow of Hosni Mubarak were still fresh.]

 

Of all the complexities surrounding the reaction of the world to the horrifying spectacle of Israel’s severe criminality in Gaza none is more perplexing than the complicity of most governments throughout the Arab world. What makes their political posture particularly bewildering is the degree of ethnic, religious, cultural, and historical commonality that creates such close ties of identity among the peoples of the region. And no single issue has been as unifying over the decades for these people than has their long intensely felt opposition to the injustice, suffering, and exploitation that the Palestinian people have endured for the past century as a result of the encroachments of the Zionist movement on their lands. It should be recalled that at earlier stages of the Palestinian ordeal, the governments of the neighboring Arab countries did exhibit strong, if ineffectual, solidarity with the Palestinian struggle. Several Arab states jointly attacked Israel, initially in 1948 to prevent the establishment of Israel, and later in the failed wars of 1967 and 1973 that challenged Israel’s existence. These defeats together with Egypt’s accommodation via the peace treaty of 1979 was a defining moment at which the Arab neighbors of Israel abandoned the Palestinians politically, but not yet diplomatically or economically. At this time any tangible form solidarity at the level of Arab governments is now a distant and ironic memory, and has been supplanted in the main by active hostility to Palestinian aspirations and implicit sympathy with, or at least acquiescence in Israel’s regional ambitions in conjunction with U.S. grand strategy in the region .

 

Some official formal hostility to Israel and sympathy for the Palestinian struggle persists at rhetorical levels, but rings hollow. It is true that many Arab countries to this day refuse entry to anyone with an Israeli entry or exit stamp in their passport. Anwar Sadat’s assassination in 1981 was widely interpreted at the time as a populist response in Egypt to his willingness to sign a peace treaty with Israel without simultaneously securing justice for the Palestinians, thereby crossing what was then a red line of betrayal. It was observed by the Western media that few Egyptians bothered to leave their apartments as a show of respect as Sadat’s funeral procession as it passed through the streets of Cairo because the slain leader was so reviled for shamelessly appeasing the enemy of the Palestinian people.

 

Above all, the ongoing struggle for Palestinian self-determination is understood by the peoples of the Middle East, and indeed the world over, as a struggle for the empowerment and liberation of the Palestinian people in the face of severe injustices done unto them over a long period of time, and involving such crimes against humanity as apartheid and massacre, verging on genocide. Increasingly, and never more than in reaction to this recent Gaza horror show, the Palestinian struggle will have to be waged not only against Israel, and its American and European allies, but also against the Arab collaborationist governments in the region that have betrayed their own larger religious and cultural identities, and more revealingly, the most fundamental ideas of justice and compassion associated with ideals of humanity and the ethical underpinnings of Islamic unity.

 

It is notable that only non-Arab Turkey and Qatar have acted responsibly in response to the Israeli attacks that commenced on July under the IDF code name of Protective Edge. The Turkish Prime Minister, Recep Tayyip Erdoğan, has spoken movingly, without hiding his condemnation of Israeli behavior behind the euphemisms of diplomacy, in characterizing Israel’s behavior in Gaza as criminal. Even a group of distant Latin American countries, including Brazil and Chile, have at least shown the depth of their disapproval of Israel’s conduct by withdrawing their ambassadors from Israel. This symbolic expression of disapproval is something that not one government in Europe or North America, the self-proclaimed centers of world civilization, has yet done. The countries of the South have by and large also turned their backs to the Palestinians and the confrontation in Gaza, with the exception of South Africa.

 

Taken together these considerations make it morally distressing and politically mystifying to observe that almost every Arab governments has seemed either to be flashing a green light in Israel’s direction or pointedly looking away. Given the criminality of the Israeli attack and the tragic suffering inflicted on the Palestinian people, complicity by way of such diplomatic endorsements, or even stony silent acquiescence, is at the very least a breach in Arab and Islamic identity, and worse, seems to be an unimaginable case of aiding and abetting genocidal political violence directed at the Palestinian people. Such a diplomacy of indifference is especially notable as expressed toward Gaza, which is governed by a Moslem-oriented leadership. Israel’s persistence in a massacre mode despite the near universal calls for a responsibly negotiated ceasefire was widely attributed to the fact that the Netanyahu government was being encouraged behind the scenes by Egypt and Saudi Arabia ‘to finish the job,’ not of the tunnels and rockets that served as the security pretext, but of Hamas itself as ‘the head of the snake,’ the one Palestinian actor that continued to believe in a politics of resistance. For these Arab governments to act so opportunistically, particularly given the frequency and magnitude of Israeli atrocities is shocking to all but the most numbed of political imaginations.

 

To be sure, the behavior of these Arab governments as mystifying, legally and morally unacceptable, and politically self-destructive warrants condemnation, but it also needs to be understood and explained as clearly as possible. What quirks of political realism led these Arab regimes to so calculate their future?

           

The Enemy of my Enemy

 

The core explanation of Arab complicity (excepting Qatar) has to do with the Arab governments hating and fearing the Muslim Brotherhood (MB) far more than they resent Israel. This logic is then extended to Hamas, which is misleadingly treated as nothing other than a branch of this supposedly poisonous tree. This hostility to an Islamic movement authenticated from below overshadows Israel’s encroachment on their region, and even its appropriation and control of Muslim sacred places in Jerusalem. In effect what is going on in these top heavy monarchies is a passionate search for protection from possible uprisings by their own populations, which are feared as potential adversaries. Such an initial assessment pushes the question one step further but it does not give us any insight into why this should be so.

 

What are the sources of this hatred of the MB? The MB is perceived as the essential expression in the Arab world of bottom up political Islam that is viewed as toxic by the established order because of its grassroots legitimacy. This reality has induced panic among these Arab regimes that goes back at least as far as the explosive regional reverberations unleashed by the revolution that overthrew the Shah’s supposedly secure imperial rule in Iran (1979). This revolutionary process caused high intensity tremors, especially throughout the Arab world, and especially among the monarchies nurturing privileged and unscrupulous elites that have long kept their populations cruelly repressed and in backward conditions of mass misery. These regimes, generally aligned with the United States, remain obsessed with the maintaining stability of their own rule, and seem to feel that stifling all voices calling for change is a vital ingredient of their own survival.

 

Hamas as an active resistance movement is in this sense perceived as an acute threat to the kind of future that these Arab governments are intent of achieving no matter what the costs in lives and societal wellbeing. First of all, Has has historical ties to the Egyptian MB, the older organization of Muslim activists that has kept the flame of political Islam burning despite enduring harsh suppression dating back to decades before Israel came into existence. Secondly, Hamas demonstrated its legitimacy, and credibility as a voice of the Palestinians living in Gaza by its electoral victory in 2006, and more recently by its resilience (sumud) and resistance to Israeli tactics of aggression and massacre. Thirdly, Sunni Hamas crossed sectarian boundaries by having its closest political ties with Shiite Iran and Hezbollah, and the Alawite regime in Syria, and although these relationships have grown weaker as a result of recent regional developments, their very existence further alarms the Sunni supremacists in Riyadh whose second source of anxiety is associated with a sectarian/nationalist struggle that pits Saudi Arabia and its allies against Iran and its allies. The terrible carnage in Syria is one expression of this sectarian dimension of the regional struggle that complements efforts to crush any expression of political Islam with a strong societal base of support.

 

Egypt’s Betrayal

 

Of course, in the foreground is the experience of the Arab anti-authoritarian upheavals in 2011, especially the dislodging of Hosni Mubarak in Egypt, followed by expressions of far greater popular electoral support for the Muslim Brotherhood and Salafi candidates throughout Egypt than had been expected by the anti-Mubarak liberals and progressive youth who had earlier dominated the crowds in Tahrir Square. The Gulf countries made no secret of their disappointment with Washington’s refusal to do more to beat back this populist tide that swept over the Mubarak regime, who like the Shah in Iran 30 years earlier, had seemed to offer leaders of these Arab monarchies a model of invulnerability in relation to popular upheavals.

 

And so two years later in 2013 when the chance came, as it did during the faltering presidential term of Mohamed Morsi, it is no secret that the counterrevolutionary coup led by General Ahmed Fattah el-Sisi was most warmly welcomed by Israel and Saudi Arabia. The Sisi coup won immediate aid bestowed in huge quantities (at least $8 billion) from Saudi Arabia and the UAE, hoping that such a large infusion of cash would create a soft economic landing for the new regime, and set up a contrast with the economic failures of the Morsi government. It was hoped that a rapid economic recovery would reassure the majority of Egyptians that they were experiencing a change for the better even if there was little effort by the new leaders to hide the return to the methods and style of the previously despised Mubarak rule that had prompted the earlier upheaval. What is startling is that these Arab supporters never blinked in the face of the crimes of Sisi’s military leadership in Cairo, which featured a bloody crackdowns of anti-government demonstrations in Cario, including even the killing of many MB members while they were at prayer. Sisi proceeded to move against the MB as an organization, having it criminalized and defined legally as ‘a terrorist organization,’ encouraging judicial action that included imposing mass death sentences on many of its members, and generally engaging in state crime on a scale that far exceeded the abuses of the Mubarak period. Even Washington was embarrassed by these excesses, although it maintained a pragmatic silence that overlooked the tensions between its calls for democracy and its actual strategic goal of restoring the regionalstability of the pre-Arab Spring status quo.

 

 

 

Iran Explodes the Myth of Regional Stability

 

Until this pattern became evident I didn’t appreciate the relevance of some remarks made to me by Ayatollah Khomeini while in Paris just as he was about to return to Iran from exile to lead the new Islamic Republic in January 1979. This austere religious leader was very clear about rejecting the then prevailing idea that a national revolution was taking place in Iran. He said again and again during the meeting, “This is an Islamic revolution, not an Iranian revolution.” He went on to observe that the dynastic regime in Saudi Arabia was decadent and oriented toward the West. In his view it was as illegitimate a source of governance as was the Shah’s regime that had just been overthrown in Iran, and a justifiable target for further political initiatives by those societal forces that were infused with Islamic values.

 

The revolution in Iran, whether understood as a national or ideological phenomenon, was deeply threatening to political stability of the region. It was a political movement from below that shattered a monarchic power structure in Iran that was viewed in the region and by the West as invulnerable to internal challenge, once described by Kissinger “as that rarest of things, an unconditional ally.” In other words, it was not just that the foundations of the status quo gave way in Iran, but that their crumbling was brought about by populist tremors that enjoyed widespread cultural legitimacy. It was this cultural legitimacy that again surfaced in the immediate aftermath of the Arab upheavals in 2011, and sent tremors of fear throughout the region, and could not be dismissed on sectarian grounds.

 

The explosive emergence of the Islamic State of Iraq and Levant (ISIS) reinforces Ayatollah Khomeini’s central message. Its proclamation of a new caliphate is precisely in line with this type of thinking. The whole carving up of the Arab world into a series of sovereign states is seen from these perspectives as an imposition of European civilization, destroying and destabilizing the only true political community, that of the Islamic uma.

 

Israel’s Parallel Universe

 

Israeli strategists over the years have been divided about their regional priorities, but agreed on the general contour of principal goals. Israel’s preferred Middle East would consist of governments that were both friendly and stable, which made Iran a favorite until it unexpectedly fell apart in 1978-79. Next best, were governments that were formally cool, or even hostile, but remained mostly on the sidelines in relation to the conflict of with the Palestinians, such as King Hussein’s Jordan, Mubarak’s Egypt, and the Gulf states, especially Saudi Arabia. If such stability was not attainable, then strife in a country that was politically hostile was viewed as next best, which is the story of Syria, and to a degree Iraq, in recent years. In other words, Israel could live with regional actors that were rhetorically hostile, as with passport exclusions or UN speeches, but not with states that were politically hostile, and perceived as allies of Palestinian resistance struggle. In that sense, Israel pushed behind the scenes for the American attack on Iraq after 2001 and has done its best to push the United States into a belligerent encounter with Iran in recent years.

 

When it comes to Gaza, and Hamas, the convergence of the Israeli approach and the Arab governmental consensus is an invaluable political blessing for Tel Aviv. It gives Israel unlimited space to push its militarist agenda, however great the carnage and devastation, and even if much the rest of the world may lament the assault upon international law and morality. Even the United States, and its ‘subaltern’ UN Secretary General, have felt the pressure to use their influence to establish a ceasefire, although without daring to lift a critical finger in Israel’s direction and following an Egyptian-oriented peremptory diplomacy that seems more concerned about PR dimensions than achieving an end to the violence. This skeptical reflection was confirmed by the initial ceasefire proposal that was presented to Hamas on a take it or leave it basis, and quite incredibly, that its leaders were informed about only through its media publication. The newer ceasefire approach, based on a sequence of 72 hour truces, follows the same pattern with Israeli and American negotiators refusing to sit at the same table as the representative of Hamas, and yet claiming to seek an agreement that would end the violence.

 

While Israel talks about rockets and tunnels, its massive military operation is being increasingly interpreted by knowledgeable commentators as punitive, and directed not only at Hamas but at Palestinians generally. Some Israeli leaders and their prominent supporters seem to believe that Gazans deserve to die because they voted for Hamas back in 2006, although many Gazans who are dying didn’t back Hamas then or now, and certainly not the Palestinian children who were not even born when Hamas won the elections. A second punitive motivation, and more explicitly endorsed, is a punishment directed at Palestinians in general for daring to form a unity government back in early June, thus challenging ever so slightly the illusion that Israelis had successfully crushed Palestinian political ambition to pursue self-determination by any means other than the futile charade of periodic spurts of diplomacy. Crushing Hamas is seen as a way to make Palestinians submit to the permanence of occupation, the annexation of most of the West Bank, the realities of apartheid administrative and detention policies, and the burial of any prospect of an independent Palestinian state. The Palestinian Authority had been awkwardly docile until it timidly went forward with the unity government, and now must be disciplined by Israel for getting out of line, being taught a lesson once and for all that if it has any future it is to collaborate with Israel, as it had done in the past, with the suppression of Palestinian resistance, above all Hamas, as a telltale sign of its political outlook.

 

A Concluding Word

 

More than anything else, these terrible happenings in Gaza should lead to a realization that the future of the Palestinian people and of the region as a whole depends on finding a just solution of the conflict. The abysmal failure of the Kerry induced talks showed definitively that Israel has lost all interest in a diplomacy that promises the Palestinians a viable and independent sovereign state at the end of the road. With a show of self-confidence the Knesset made clear its own rejection of the two-state diversion by choosing an ardent Likud one-stater, Reuven Rivlin, to replace Shimon Peres, as President of Israel. It is past time for the peoples of the world to wake up to the real nature of the challenge and support a more militant international campaign of solidarity with the Palestinian struggle, and insist on boycott and divestment in all venues, working to support arms embargoes and sanctions on the part of as many governments as possible.

Cruelties of Ceasefire Diplomacy

27 Jul

[Prefatory Note: the post below is a revised text of an article published in AlJazeera America on July 26, 2014. Devastation and violence has continued in Gaza, with Palestinians deaths now numbering over 1000 (overwhelmingly civilians) and Israeli deaths latest reported at being 43 (almost all military personnel). Such casualty figures and disparities raise questions of state terrorism in a stark manner. Also, it should be appreciated that if Israel were to do what it is required by international law to do there would be no rockets directed at its population centers--lift the blockade, negotiate peace on the basis of the 2002 Arab proposals and Security Council 242. Yet this would require Israel to give up once and for all its expansionist vision embedded in the settlement phenomenon and the version of Zionism embraced by its leaders and reigning political parties. The best that the UN has been able to do is to call for an "immediate and unconditional ceasefire" to allow the delivery of humanitarian aid at an emergency meeting of the UN Security Council; such an unseemly balancing act is not what the UN Charter had in mind by aligning the international community in opposition to states that break the peace and act aggressively in disregard of international law; a victimized people deserves protection, not some sort of display of deforming geopolitical symmetry.]

 

So far, the diplomatic effort to end the violence in Gaza has failed miserably, most recently with Israel’s cabinet rejecting a ceasefire proposal from U.S. Secretary of State John Kerry. This attempt by Washington is representative of the overall failure of American policy toward the Israel-Palestine conflict, only on this occasion the consequences can be measured in the growing pile of dead bodies and the widespread devastation that includes numerous homes, public buildings and even artillery damage to several United Nations schools sheltering Palestinian civilians.

 

The U.S. approach fails because it exhibits extreme partisanship in a setting where trust, credibility and reciprocity are crucial if the proclaimed aim of ending the violence is the true objective of this exhibition of statecraft. Kerry is undoubtedly dedicated to achieving a cease-fire, just as he demonstrated for most of the past year a sincerity of commitment in pushing so hard for a negotiated peace agreement between Israel and the Palestinian Authority. Yet throughout the failed peace process the United States exhibited all along this discrediting extreme partisanship, never more blatantly than when it designated Martin Indyk, a former staff member of the America Israel Public Affairs Committee (AIPAC) and former ambassador to Israel, to serve as the U.S. special envoy throughout the peace talks.

 

The U.S. approach up to this point to achieving a ceasefire in Gaza has been undertaken in a manner that is either woefully ignorant of the real constraints or callously cynical about their relevance. This is especially clear from the initial attempt to bring about a cease-fire by consulting only one side, Israel — the party bearing the major responsibility for causing massive casualties and damage — and leaving Hamas out in the cold. Even if this is a unavoidable consequence of Hamas being treated as “a terrorist entity,” it still makes no sense in the midst of such carnage to handle diplomacy in such a reckless manner when lives were daily at stake. When Israel itself has wanted to deal with Hamas in the past, it had no trouble doing so — for instance, when it arranged the prisoner exchange that led to the release of the single captured Israeli soldier Gilad Schalit back in 2011.

 

The basic facts seem so calculated to end in diplomatic failure that it is difficult to explain how they could have happened: The U.S. relied on Egypt as the broker of a proposal it vetted, supposedly with the approved text delivered personally by Tony Blair to President Abdel Fattah el-Sisi in Cairo, secreted endorsed by the Netanyahu government, and then publicly announced on July 15 via the media as a ceasefire proposal accepted by Israel, without Hamas having been consulted, or even previously informed. It’s a diplomatic analogue to the theater of the absurd. Last July, then-General Sisi was the Egyptian mastermind of a coup that brutally cracked down on the Muslim Brotherhood and criminalized the entire organization. The Sisi government has made no secret of its unrelenting hostility to Hamas, which it views as an offshoot of the Muslim Brotherhood and alleged responsibility for insurgent violence in the Sinai. Egypt destroyed the extensive tunnel network connecting Gaza with the outside world created to circumvent the punitive Israeli blockade that has been maintained since 2007. Was there ever any reason for Hamas to accept such a humiliating ceasefire arrangement? As some respected Israeli commentators have suggested, most prominently Amira Hass, the “normalization” of the occupation is what the Israeli military operation Protective Edge is all about. What Hass suggests is that Israel is seeking a compliant Palestinian response to an occupation that has for all intents and purposes become permanent, and seems to believe that such periodic shows of force will finally break once and for all the will to resist, symbolized by Hamas and its rockets, and now its tunnels. In this respect, the recent move to establish a unity government reconciling the Palestinian Authority with Hamas was a setback for the normalization policy, especially suggesting that even the PA could no longer be taken for granted as an acceptably compliant ‘partner,’ not for peace, but for occupation.

 

Whatever ambiguity might surround the Kerry diplomacy, the fact that the cease-fire’s terms were communicated to Hamas via the media, made the proposal a “take it or leave it” clearly designed to show the world that Hamas would never be treated as a political actor with grievances of its own. Such a way of proceeding also ignored the reasonable conditions Hamas had posited as the basis of a cease-fire it could accept. These conditions included an unwavering insistence on ending the unlawful seven-year siege of Gaza, releasing prisoners arrested in the anti-Hamas campaign in the West Bank prior to launching the military operation on July 8, and stopping interference with the unity government that brought Hamas and the Palestinian Authority together on June 3. Kerry, by contrast, was urging both sides to restore the cease-fire text that had been accepted in November 2012 after the previous major Israeli military attack upon Gaza, but relevantly, had never been fully implemented producing continuous tensions.

 

Hamas’ chief leader, Khaled Meshaal, has been called “defiant” by Kerry because he would not go along with this tilted diplomacy. “Everyone wanted us to accept a ceasefire and then negotiate for our rights,” Meshaal said. This was tried by Hamas in 2012 and didn’t work. As soon as the violence ceased, Israel refused to follow through on the cease-fire agreement that had promised negotiations seeking an end of the blockade and an immediate expansion of Gazan fishing rights.

 

In the aftermath of Protective Edge is it not reasonable, even mandatory, for Hamas to demand a firm commitment to end the siege of Gaza, which has been flagrantly unlawful since it was first imposed in mid-2007? Israel as the occupying power has an obligation under the Geneva Conventions to protect the civilian population of an occupied people. Israel claims that its “disengagement” in 2005, involving the withdrawal of security forces and the dismantling of settlements, ended such obligations. Such a position is legally (and morally) unacceptable, a view almost universally shared in the international community, since the persistence of effective Israeli control of entry and exit, as well as air and sea, and violent incursions amounts to a shift in the form of occupation — not its end. Israel is certainly justified in complaining about the rockets, but the maintenance of an oppressive regime of collective punishment on the civilians of Gaza is an ongoing crime. And it should be appreciated that more often than not, Israel provokes the rockets by recourse to aggressive policies of one sort or another or that most primitive rockets are fired by breakaway militia groups that Hamas struggles to control. A full and unbiased account of the interaction of violence across the Gaza border would not find that Israel was innocent and only Hamas was at fault. The story is far more complicated, and not an occasion for judging which side is entitled to be seen as acting in self-defense.

 

In “Turkey Can Teach Israel How to End Terror,” an insightful July 23 article in The New York Times, the influential Turkish journalist Mustafa Akyol drew from the experience of his country in ending decades of violent struggle between the insurgent Kurdistan Workers’ Party (PKK) and the Turkish state. Akyol “congratulated” Turkish Prime Minister Recep Tayyip Erdogan (while taking critical note of his “growing authoritarianism”) for ending the violence in Turkey two years ago by agreeing with the imprisoned PKK leader, Abdullah Ocalan, to initiate conflict-resolving negotiations in good faith and abandon the “terrorist” label. Some years ago I heard former British Prime Minister John Major say that he made progress toward peace in Northern Ireland only when he stopped treating the Irish Republican Army as a terrorist organization and began dealing with it as a political actor with genuine grievances. If a secure peace were ever to become Israel’s true objective, this is a lesson to be learned and imitated.

 

Just as with the peace process itself, the time has surely come for a credible ceasefire to take account of the views and interests of both sides, and bring this sustained surge of barbaric violence to an end. International law and balanced diplomacy are available to do this if the political will were to emerge on the Israeli side, which seems all but impossible without the combination of continuing Palestinian resistance and mounting pressure from outside by way of the BDS campaign and the tactics of a militant, nonviolent global solidarity movement.

 

 

Tormenting Gaza

15 Jul

(Prefatory Note: the Israeli military operation, code name Operation Protective Edge by Israel, being carried out in the Gaza Strip continues, and seems poised to mount a ground attack that will further intensify the suffering of the Palestinian people, and lend additional credibility to the accusation of ‘collective punishment,’ both a grave breach of international humanitarian law and a crime against humanity. The post below is a somewhat edited republication of an opinion piece published in AlJazeera English several days ago at the start of Operation Protective Edge.]

 

For the third time in the last six years Israel has cruelly unleashed the full fury of its military machine against the defenseless 1.7 million people of Gaza, inflicting heavy civilian casualties and further devastation on the long besieged and impoverished Gaza Strip. With cynical disregard of the realities of this latest one-sided confrontation between Israel and Palestine, instead of condemning such recourse to massive violence as ‘aggression’ that violates the UN Charter and fundamental international law principles, the reaction of Western diplomats and mainstream media has so far perversely sided with Israel, citing the bland rationalization repeatedly stressed by Netanyahu that ‘every nation has the right to defend itself.’ And so it does, but not by way of aggression! From the UN Secretary General to the President of the United States, the main insistence has been that Hamas stop must all rocket attacks while Israel is requested ever so politely to show “maximum restraint.”

 

Up to now, the Israeli attacks have caused some two hundred deaths (more than half of whom are women and children; 80% civilians) and more than a thousand physical injuries (plus countless more injuries to mental health). In this period hundreds of rockets have been fired into Israel from Gaza, but have yet to cause a single death. The only reported serious injury to Israelis has been suffered by a person on his way to a shelter, making one aware that there are no shelters for Gazans subjected to much more lethal forms of firepower. Granted that such rocket attacks, indiscriminate in nature, are unlawful forms of resistance, to single out this lesser type of violence out and overlook the greater violence distorts the context in biased and unacceptable ways, and helps explain the distorted discourse in Western diplomacy. Surely, the greater occasion of terror is that being inflicted on the hapless Gazans as disclosed by comparing the casualty disparity, and surely the political condemnation by responsible governments and even more so by the UN should be directed at the aggressor, who also happens to be the only political actor with the means to end the escalating violence, yet defiantly lacks the will. This international reaction to this latest crisis confirms for all with eyes to see that geopolitical alignments, not law or justice, dominates the diplomacy of leading Western states and the UN, when it comes to the Middle East, and especially if it concerns Israel-Palestine, and never more so than in relation to Gaza.

 

After several days of the Israel attack, self-servingly code-named Protective Edge by Israel, President Obama made a low profile offer to mediate a return to the 2012 ceasefire that had been arranged through the good offices of Egypt after this earlier onslaught on Gaza. Whether the U.S. Government, the undisguised patron and unconditional supporter of Israel, has the credibility to play such a mediating role rather doubtful, but in any event, Israel showed no interest. It is possible that Hamas, weakened by developments in Egypt and elsewhere in the region, and facing the desperation of a terrorized and totally vulnerable people entrapped in the Gaza Strip, with a health system on the verge of collapse, might accept such a move even if excluded from participating directly in the negotiations, which would mean depending on the Palestinian Authority to represent Gaza’s interests. After all, Hamas, although prevailing in fair elections back in 2006, remains ‘a terrorist organization’ according to the Western diplomatic establishment, even though it has been in recent years mostly on the receiving end of Israeli state terrorism, and should be allowed to act diplomatically on behalf of Gaza and enhance its credentials as a political actor. At present, the issue may be moot as Netanyahu belligerently insists that no amount of international pressure will lead Israel to stop its attack until the ambitious political goals of the military operation have been attained. These goals include as a priority the elimination of Hamas influence in the West Bank, which is the prize that the current Israeli leadership covets in its quest to complete the Likud maximalist version of the Zionist Project.

 

An aspect of the distorted approach to responsibility for the violence in Gaza is the refusal of the West to take note of the connection between Protective Edge and the June 12th kidnapping and killing of the three Israeli settler teenage children and the surge of public and private sector revenge violence culminating in the grisly murder of Mohammed Abu Khdeir, a 17 year old Arab boy a few days later in the Shuafat neighborhood of Jerusalem. Without ever disclosing evidence linking Hamas to such an atrocious crime the Netanyahu government and Israeli media reacted hysterically, immediately inciting a vicious campaign against suspected Hamas militants throughout the West Bank and East Jerusalem, including air strikes in Gaza. In this atmosphere many Israeli officials and media stalwarts were provocatively calling upon the Israeli citizenry to strike back at the Palestinians. It was in this inflamed atmosphere that the Israeli government undertook a massive campaign of collective punishment, itself a war crime: hundreds of Palestinians thought to be associated with Hamas were arrested and detained; house demolitions of the homes of suspects; killings of at least six Palestinians; lockdowns of entire cities; air strikes against Gaza.

 

All this was done despite the mounting belief of independent observers that the crime against the Israeli youths was carried out by two Palestinians unaffiliated with Hamas, perhaps with an initial plan to bargain for the release of Palestinian prisoners in an exchange. Never has it been asserted in high profile diplomatic circles of the West that the horrible crime provided Netanyahu with a pretext for unleashing an anti-Hamas campaign to complete the process of de facto annexation of most of the West Bank. This campaign seems far less motivated by a response to the kidnapping/murder than by the political objective of punishing the Palestinians leadership for defying the Netanyahu government for recently achieving a measure of reconciliation as between the Palestinian Authority and Hamas. Further in the background, but part of the context, is the Israeli interest in shifting responsibility away from themselves for the failure of the Kerry direct negotiations that collapsed at the end of April. And in the foreground, are the settlers and the settlements with their avowed intention of incorporating Samaria and Judea into the state of Israel once and for all, whatever the consequences.

 

So far, Israel has met calls for restraint and a ceasefire with contempt. Rumors of Hamas’s receptivity to a ceasefire have not been tested. Israel’s leaders have responded defiantly, suggesting that Protective Edge will not cease until the Hamas’ infrastructure is destroyed, whatever it takes, supposedly to ensure that no rockets will ever again be fired from Gaza, which would imply that Gaza was totally subjugated and completely helpless. When Palestinian civilians are killed and terrorized in the process of pursuing such an elusive goal, this is rationalized by Israeli officials as a regrettable side effect of what Israeli leaders are claiming to be a legitimate military undertaking. In a characteristic warped statement Netanyahu declared: “We are not eager for battle, but the security of our citizens and children takes precedence over all else.” Some Israeli top officials were clearer about Israel’s objectives than was the prime minister. The Defense Minister, Moshe Yalon, called for the total destruction of Hamas, which is tantamount to seeking a genocidal hunting license in relation to the entrapped people of Gaza and the oppressed population of the West Bank and East Jerusalem. The Deputy Minister of Defense, Danny Dayon, publically urged Israel to cut off fuel and electricity to Gaza. If such a policy is implemented it would virtually guaranty a grotesque humanitarian crisis; he was later dismissed by Netanyahu for publicly declaring that Israel was humiliated because it allowed Hamas to set the terms for a ceasefire, an allegation that is obviously false as Hamas, so far as we know was excluded from the negotiations that led to the announcement that Israel had accepted a ceasefire. As it turned out, this unilateral ceasefire, rejected by Hamas, only lasted for six hours, and has been followed by intensified Israeli attacks on Gaza, especially targeting the residences of Hamas leaders. 

 

While Gaza burns, the fiddlers at the UN content themselves by worrying about the text of a proposed Security Council resolution, which never materialized. Israel and the United States were reported to be using all the leverage at their disposal to avoid condemnations of the Israeli air strikes on civilian targets in Gaza and even hoping that the final text of a resolution, if any, will include their preferred language about every sovereign state having a right to protect itself. It now seems that there will be no resolution as the United States is refusing to accept the language of the drafters, and only a rather innocuous non-binding Security Council ‘statement.’

 

On the basis of this disillusioning global response to Israeli aggression, it should become clear that the Palestinian struggle for self-determination and justice needs to be waged worldwide primarily at the grassroots level. It has never seemed more reasonable and morally necessary for persons of good will to lend maximum support to the BDS (boycott, divestment, and sanctions) campaign that has been in any event growing rapidly. It is also time to demand that governments adopt sanctions seeking Israeli withdrawal from the occupation of Palestine. An appropriate furtheresponse would be for the UN General Assembly to recommend imposing an arms embargo on Israel, as well as a boycott on Israel’s arms exports. This would be, at first, a largely symbolic gesture as Israel has become a major weapons maker, exporting arms to many countries with a tasteless sales pitch that stress the benefits of Israeli weaponry because it is ‘field-tested.’ There is a special challenge to American governmental institutions and its taxpaying citizenry that have been providing more than $3 billion of military assistance aid, coupled with special arrangements beneficial to Israel, for many years.

 

It is painfully evident that state-to-state diplomacy and the UN have failed to produce a just peace despite decades of fruitless talks. It is time acknowledge that these talks have been carried on in bad faith: while the diplomats sat around the table, Israeli settlements relentlessly expanded, apartheid structures deepened their hold on the West Bank and Jerusalem, and Gaza was cordoned off as a hostage enclave to be attacked by Israel at will whenever a bloody sacrifice seemed useful from the perspective of national interests.

 

At least, the Secretary General of the Arab League, Nabil ElAraby, condemned the “dangerous Israeli escalation,” urged the Security Council to “adopt measures to stop Israeli aggression against the Gaza Strip,” and warned of the humanitarian consequences. Turkish and Iranian issued official statements along similar lines. There is so much regional turbulence at present that it is unlikely to hope for anything more than scattered verbal denunciations from authorities in the region preoccupied with other concerns, but given the gravity of the situation, attention needs to be refocused on the Palestinian ordeal. Pressure on Israel is urgently needed to protect the Palestinian people from further tragedy, and the Arab neighbors of Israel and the European states that long held sway in the region, are challenged as never before to do the right thing, but it is doubtful that any constructive action will be taken unless regional and global public opinion becomes sufficiently enraged to exert real pressure on these governments, and hence on Israel itself. To pursue this goal now should be made a top priority of the Palestinian global solidarity movement.

 

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. 

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.

 

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