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Should the Palestinians Seek Justice NOW at the International Criminal Court?

23 Feb

Should the Palestinians Seek Justice NOW at the International Criminal Court?

 

[Prefatory Note: This post is a modified version of an opinion piece published by Middle East Eye on February 20, 2017. It calls particular attention to the punitive treatment of recourse to international law tribunals to address perceived grievances that is meant to discourage Palestinians from seeking relief at the International Criminal Court. On one level this form of lawfare underscores the weakness and vulnerability of Israel when the conflict is shifted from the battlefield to the courtroom. On another level it is meant to deny the Palestinian people, and their representatives, all legitimate amd moderate options by which to pursue their claims and address their grievances. It signals that the ‘enforcers’ of world order repudiate their own accountability with regard to the rule of law, while purporting to hold others to account, for instance, by criminalizing all forms of violent resistance to prolonged and abusive occupation as ‘terrorism.’]

 

 

Weakening the Two-State Consensus

 There is little doubt that the mid-February Netanyahu/Trump love fest at the White House further dampened already dim Palestinian hopes for a sustainable peace based on a political compromise. The biggest blow was Trump’s casual abandonment of the two-state solution coupled with an endorsement of a one-state outcome provided the parties agree to such an outcome, which as so expressed is a result almost impossible to suppose ever happening in the real world. Israel would never agree to a secular one-state that effectively abandons the Zionist insistence on a Jewish state with deep historical roots and biblical validation. The Palestinians would never agree to live in such a Jewish one-state that essentially abandoned their long struggle to achieve national self-determination, thereby gaining liberation from the last major remnant of the colonial era.

 

With geopolitical bravado suitable for the real estate magnate that he remains, despite the presidential trappings of his formal role, Trump also vaguely promised to negotiate a grand deal for the region that evidently reached beyond the contested territory of Palestine so long locked in conflict, and thus encompassed neighboring countries or possibly the whole region. It is easy to speculate that such murmurings by Trump were not welcomed in either Jordan or Egypt, long favored by rightest Israelis as dumping grounds for Palestinians in the West Bank and Gaza. Such added ‘political space’ is attractive from an Israeli perspective, both to ensure that Israel maintains a comfortable Jewish majority if the one-state solution were ever forcibly implemented by Israel. At the same time the prospect of population transfer would allow Israel to achieve a higher degree of racial purity, a feature of the dominant Zionist imaginary long before Israel became internationally recognized as a state.

 

An inflammatory part of this new political environment is the accelerated expansion of the existing network of unlawful Israeli settlements located in occupied Palestine. Although near unanimously condemned in Security Council Resolution 2334 last December, Israel responded by defiantly announcing approval of thousands more settlement units, endorsing plans for an entirely new settlement, and by way of a Knesset initiative provocatively legalized settlement ‘outposts,’ 50 of which are distributed throughout the West Bank in direct violation of even Israeli law. It is possible that the Israeli Supreme Court will heed anticipated judicial challenges to this latest move, and eventually void this Knesset law, but even if this happens, the passage of such a law sends a clear message of iron resolve by the political forces currently steering Israeli policy never to permit the establishment of a viable Palestinian state.

 

In these circumstances, it becomes incumbent upon the Palestinian Authority to show the world that it is still alive, and it currently has few ways of doing this. Given these realities it would seem a no brainer for the PA to light up the skies of public awareness of the Palestinian plight by vigorously demanding justice at the International Criminal Court (ICC). After all there is a wide consensus on the global stage that all the settlements, and not just the outposts, are in violation of Article 49(6) of the Fourth Geneva Convention. These settlements have for decades served as a major obstacle in the search for a satisfactory diplomatic solution of the conflict. Of course, it would be naïve to expect Israel to comply with an adverse judgment of the ICC, or to participate in such a proceeding in ways other than by challenging the competence of the tribunal, but a favorable outcome would still be of great value for the Palestinians. It would cast Israel in an unfavorable light in relation to the UN, international law, and world public opinion, and undoubtedly encourage the further development of the already robust global solidarity movement.

 

Yet, despite these circumstances that makes the ICC seem such an attractive option, a PA decision to take this path is far from obvious. The former Foreign Minister of the PA and member of Fatah’s Central Committee, Nasser al-Kidwa, effectively dismissed the ICC option by calling it ‘complicated’ without any further explanation, leaving the impression that the costs of taking such a step were too high. However, the issue is not yet settled as mixed signals are emanating from Palestinian leadership circles. For instance, the PLO Secretary General, Saeb Erekat, in contrast to Kidwa, minced no words in his insistence that the ICC investigate “the colonial settlement regime.”

 

It seems useful to speculate on why there should be this ambivalence among Palestinian leaders. After all, international law, international public opinion, and even most European governments are all supportive of Palestinian claims with regard to the settlements. Israel remains more defiant than ever, and shows every sign of further expansion, possibly with an eye toward soon unilaterally declaring an end to the conflict, a move that Washington might find temporarily awkward, but in the end, acceptable. At the core of this debate about recourse to the ICC is the tricky question as to whether deference to the muscular vagaries of geopolitics serves Palestinian interests at this time.

 

Recourse to the ICC: Pros and Cons

 

The argument favoring recourse to the ICC is almost too obvious to put forward. It would back Israel into a corner. The Netanyahu government is certain to react with anger and concrete expressions of hostility to any such move by the PA. Such a reaction would be widely seen as a convincing confirmation of Israel’s vulnerability to any impartial test as to whether its settlement policies meet the minimum requirements of international law. And most importantly for the PA it would demonstrate that despite recent political disappointments the Ramallah leadership was prepared to embark upon a controversial course of action that displayed political courage, including a willingness to endure expected vindictive acts of retaliation. Recourse to the ICC would play well with the Palestinian people, especially those living under occupation. They experience daily tensions with violent settler groups and see no future for themselves absent confrontation with Israel. If the PA chooses such a course, it would help restore support for the flagging claims of the PA to serve as the sole legitimate representative of the Palestinian people at the global level. This is turn could lead finally to durable arrangements of unity as between Hamas and Fatah, which would raise confidence levels that the Palestinians were prepared for this latest, difficult stage of their national movement.

 

The arguments against going to the ICC are somewhat more elusive. There is no doubt that Palestine, recognized by the UN as a state now enjoys the jurisdictional qualifications to participate in ICC proceedings. What is less clear is whether the ICC would be responsive, and able to circumvent technical obstacles, such as finding suitable Israeli defendants. During its 15 years of operation the ICC has been very reluctant to be pro-active except in Africa, and even there it has been recently stung by an intense pushback by African governments and the African Union. The ICC has been reluctant to stir up political opposition in the West, which would certainly occur as soon as the ICC launched a full investigation of Palestinian criminal grievances against Israel.

 

There is also the reverse problem of ICC action that might disappoint the PA. To appear balanced, the ICC would probably extend its investigation to include allegations relating to indiscriminate rocket fire from Gaza. It could then decide that a strong case of probable criminal responsibility attributable to Hamas existed, while allegations against Israel failed because of the inability to establish criminal intent. Although a setback for the PA, such an outcome at the ICC would be internationally criticized as contrary to reasonable interpretations of international law, and be widely regarded as a reflection of political pressures exerted by Washington.

 

Likely, the PA is most inhibited by the ‘lawfare’ campaign being waged by Israel and the United States. Already during the Obama presidency there was Congressional legislation terminating financial assistance to the PA in the event of any recourse to the ICC. Since Trump these warnings have escalated, including the total suspension of financial aid, the closing of the PLO offices in Washington, and threats to put the PLO and Fatah back on the US list of terrorist organizations. It is evident that the PA is taking these unseemly threats seriously.

 

There are also PA fears that any ICC initiative would induce Israel to move more quickly toward closure with respect to the underlying conflict, annexing most or all of the West Bank. Such a reaction would both be in keeping with Israel’s tendency to respond disproportionately to any formal action directed at the legality of its policies and practices. Israel is particularly sensitive about war crimes charges, and vows extraordinary measures should any of its citizens be so charged. Now that Netanyahu can count on unconditional support in the White House and the US Congress it would not be surprising to see him use the occasion of an ICC initiative to proclaim Israeli sovereignty over the whole of historic Palestine.

 

Conclusion

 

In light of the above, it seems almost certain that the PA will not act take advantage of the ICC option any time soon. The PA is likely to adopt a posture of neither/nor, that is, neither explicitly ruling out recourse to the ICC, nor activating the option. This reflects the reality that the PA is caught between the rock of US/Israel bullying tactics and the hard place of an increasingly restive Palestinian population, being acutely reminded of its ordeal by the grim realization that 2017 is the 50th anniversary of the Israeli occupation.

 

The United States posture, although somewhat more belligerently pro-Israel as a result of the Trump presidency, is really nothing new except in style. Even during the Obama presidency the US opposed every attempt by the PA to rely on international law or the UN to advance its national struggle. Instead of welcoming the use of law rather than weapons, the US Government castigated efforts of Palestine to gain membership in the UN System or to seek even symbolic relief for its grievances in international venues. This turn against international law, as well as against the UN, is clearly a signature issue for the Trump presidency, and not just in relation to Palestine, and this is not good news for the world.

Israel’s Legalizes Settlement Options as a Prelude to the Netanyahu Visit to Trumpland

13 Feb

Responses to four questions posed by Rodrigo Craveiro, a journalist from the Brazilian newspaper Correio Braziliense

 

1- How do you see the decision of the Knesset taken last night about legalizing settlement outposts and what are the likely consequences of this legislative initiative? 

It is one more act of defiance by Israel that is both a repudiation of international law relating to settlements in Occupied Palestine and of the UNSC, which in December passed Resolution 2334 condemning settlement expansion and reaffirming their illegality. Whether Israel experiences adverse consequences depends especially on the reaction of European governments and of civil society. Israel expects that Trump’s presidency will insulate the country from any show of real pressure at the UN or via sanctions, but there are mixed signals as usual emanating from the White House. The Knesset’s provocative move of legalizing the 50 or so settlement ‘outposts’ that were previously illegal even under Israeli law, an internationally controversial move that may in due course be nullified by Israel’s judiciary. Actually, the move was not so radical as the Israel state had long accommodated the outposts by providing them with subsidies and security, and overlooking their formally unlawful status in domestic law.

 

2– Do you believe Israel is interested in annexing West Bank? Why?

Israel’s leadership and public seems split on this. The most vocal leaders of the settler movement and the extreme right in Israel favor annexation, and always have and always will. Netanyahu and the Israeli center right prefer to keep their true intentions ambiguous, that is, proceeding with de facto annexation while continuing to maintain an international diplomatic posture that claims a willingness to negotiate with the Palestinian Authority without preconditions implying an eventual willingness to accept at some point the establishment of a viable Palestinian state. Some in Israel favor annexation for historical/biblical reasons associated with their convictions that Israel should embrace the whole of ancient Palestine, with the West Bank known as Samaria and Judea. Other Israelis favor annexation as the fulfillment of the project of secular Zionism, and also contend that a greater Israel will enhance the security of the state of Israel. The President of Israel, Reuven Rivlin, has long favored annexation of the entire West Bank to complete the Zionist project, and couples this forthright rejection of a two-state solution with a controversial commitment to treat Palestinians as fully equal citizens in such an expanded Jewish state, accepting even the possibility that Palestinians become at some point a demographic majority, and manage to achieve an electoral mandate for  a Palestinian political party to govern the country.

 

3– In what ways do you believe Netanyahu is taking advantage of the fact that Trump is in the presidency of US for taking polemical measures?

It would appear that Netanyahu is proceeding on the basis that whatever Israel chooses to do, even if in the Obama years it might have produced disapproval, will in the Trump presidency be fully supported. Netanyahu may be testing how far he can go with such an approach without generating a costly diplomatic backlash by Arab neighbors, a new cycle of violent resistance by Palestinians, and an escalation of global civil society pressures taking the form of a more robust Boycott, Divestment, and Sanctions Campaign. In my view, Netanyahu is playing a dangerous game, and for the sake of Israeli expansionism and one-statism, maybe overstepping prudent limits. Perhaps, the biggest and most dangerous test of all is Netanyahu apparent desire to heighten tensions with Iran, leading possibly to the repudiation of P5 + 1 Nuclear Agreement negotiated by Obama presidency in 2014 and to a military confrontation. Trump called for the repudiation of the agreement during his campaign, but has been urged not to carry out the pledge by many, including senior former Israeli security experts and government officials. It will be of the greatest importance that this agreement with Iran maintained, and not undermined by any ratcheting up sanctions and an increased confrontational diplomacy.

 

4– Do you believe Trump could be seen as a source of influence in favor of Israel, due to his adherence to conservative positions that are the same as those favored by Netanyahu?

 There appears to be a natural affinity between these two leaders based both on their autocratic approach toward governance and reactionary substantive positions. I would not call their ideological outlook genuinely ‘conservative’ as it seeks to create ruptures with prior political, social, and cultural values. Although both leaders are demagogues and ideologues, they also act in opportunistic and impetuous ways. Both are swayed by considerations of expediency, and so their apparent marriage of convenience to one another could easily be broken. Perhaps, after their meeting this week, it will be clearer as to whether their personal chemistry is sufficiently positive to sustain their relationship over time. For the sake of peace and justice, I would hope that tension rather than harmony develops as they come to know each other better. It is certainly time for the US Government to realize how much damage its ‘special relationships’ with Israel and Saudi Arabia have contributed to the tensions and turmoil that currently beset the region.

 

 

Ways of Living With ‘Alternative Facts’: An Anecdote

6 Feb

 

 

A couple of nights ago I went to see A Quiet Heart, a fine film about a young Jewish woman, an accomplished pianist from Tel Aviv who had come to Jerusalem, apparently to get away from her family and former boy friend. She moved into an apartment in the ultra-Orthodox part of the city where acute hostility is exhibited toward more secular Jews and local Christians connected with a nearby monastic church. The film was being shown at the Santa Barbara Film Festival, and was a special selection in the ‘sidebar’ devoted to Israeli films and sponsored by the strongly pro-Israeli NGO, Anti-Defamation League, or ADL. As was the case for all films at the Festival, someone from the sponsors or Festival staff makes a brief introduction to the audience. In this case an ADL staff person gave some helpful background information. He made a closing comment that showing a film set in Jerusalem was especially appropriate in 2017 as it was ‘the 50th anniversary of the reunification of the city.’

 

At the time I was struck by the oddness and insensitivity of such a remark, which from my perspective, was a completely unfamiliar way of acknowledging the impact of 1967 on Jerusalem. I had recently been attuned to the importance of 2017 as tragic anniversaries of the Balfour Declaration (1917), Partition Resolution (1947), and the 1967 War (1967). As I reflected on what 1967 meant from a Zionist/Israel perspective, the conquest and unified control of Jerusalem was a natural way of perceiving, as were the accompanying exclusions of international law (Israel was unanimously instructed by the UN Security Council to withdraw from the city to the pre-war borders with small negotiated modifications) and the Palestinian people (as if they had no claim to Jerusalem, and hence were invisible). It should be expected that contrasting meanings would be attached to the importance of 1967 by most Israelis and Zionists on one side and by those who identified with the Palestinian national struggle on the other side.

 

Is there a right and wrong about such differing perceptions? On one level, no, merely different ways of ‘seeing.’ On other level, yes; it is a matter of whether to validate the status quo as authoritative or to allow international law and UN authority to have the last word. Dialogue, especially if among equals, can let us see and feel as the other, possibly narrowing differences, or at least raising consciousness of their existence. In ideal form, Martin Buber’s I-Thou spirit of meeting the other suggests the true nature of an authentic quest for an understanding of otherness than transcends our own deeply conditioned and inevitably partials perceptions.

 

At the same time, if the circumstances that underlie the contrasting perceptions are hierarchical or oppressive, then it is deeply misleading to suggest that both sides are equally responsible for the unhappy situation that prevails. The side in control, in this instance Israel, is primarily responsible for treating Jerusalem as appropriately and permanently unified under Israeli governmental and political control in 1967. This Israeli insistenc defies international public opinion as well as some elementary precepts of international morality, although it reflects the current realpolitik reading of the situation.

 

This brings me inevitably to Kellyann Conway’s reliance on ‘alternative facts’ to validate the White House claim that Donald Trump’s inaugural crowd was bigger than that of Barack Obama. She was contesting contrasting pictures shown by CNN and other media outlets in which even the most casual observer could tell that Trumps crowd was by far smaller. Of course, only a narcissistic lack of self-esteem would lead someone to be foolish enough to call attention to such a discrepancy. The childish comparison of inaugural crowd sizes would have totally disappeared from public consciousness by the next moon had not Trump thrown a fit. With the help of that feisty provocation, ‘alternative facts’ a seemingly trivial controversy has been given a prominent and likely permanent place in American political discourse. Poor Ms. Conway, normally a refreshingly coherent and informed advocate of Trump’s worldview, will now likely be remembered above all, and maybe only, for this one extravagant trope that so blatantly crossed the line of plausibility! Or possibly for pointing to ‘the Bowling Green massacre’ as evidence that the media was guilty, as Trump complained, of underreporting terrorist incidents. This time Ms. Conway didn’t rely on alternative facts but on no facts. As she admitted a couple of nights later, there never was a Bowling Green massacre, there was simply no such event, but this did not inhibit her from repeating the absurd contention of her boss that the media downplays terrorism. From my angle of vision the opposite complaint could much more plausibly be made.

 

Without getting carried away with glee, it is helpful to remember that our daily existence tends to be dominated by alternative facts. Lawyers make a living by the careful selection of those facts favorable to their client, while ignoring or downplaying those that are unfavorable. And all of us nearly all the time, whether consciously or not, are coming up with our preferred menu of facts. The interpretation of facts is what creates the social and political fabric of life.

 

Yet there is a distinction between Ms. Conway’s alternative facts and those that are the stuff of nightly news debates, Her use of alternative facts flew in the face of what seemed to be a public truth, almost undeniable from the perspective of reason, and hence seemed more a ‘lie’ than an ‘interpretation.’ Crossing such a line weakens public discourse in a democratic society, turning politics into a deadly game in which the unaccountable whims of the leader amount to a death sentence imposed on innocence. Without the protection of innocence, there is scant prospect of justice. And so we are led to think that slaughtering political language might properly be viewed as an impeachable offense.

 

 

2017: Palestine’s Three Dark Commemorations

16 Jan

 

 

 

Increasingly, Palestinians seem doomed to become subjects, or at best second-class citizens, in their homeland. Israeli expansionism, United States unconditional support, and UN impotence. These factors are combining to create dismal prospects for Palestinian self-determination and for a negotiated peace that is sensitive to the rights and grievances of both Palestinians and Jews.

 

Recalling three notable commemorations to be observed in 2017 may help us understand better how this distressing Palestinian narrative unfolded over the course of the past hundred years. Perhaps, such remembrances might even encourage the rectification of past failures, and encourage flagging national and international efforts to find a way forward even at this belated hour. The most promising initiatives are now associated with a growing global solidarity movement dedicated to achieving a just peace for both peoples. For now, neither the United Nations nor traditional diplomacy seem to have much leverage over the play of social and political forces that lies at the core of the Palestinian struggle. Only the nonviolent resistance of Palestinians to their prolonged ordeal of occupation and transnational civil society militancy seem to have any capacity to exert positive leverage over the status quo and to sustain hope.

 

At the same time, legitimacy and visibility remain important, and here the UN and international society have important roles to play, especially to reaffirm the legitimacy of Palestinian goals and grievances, the importance of political compromise, and the persisting refusal of Israel to show respect for international law, the authority of the United Nations, and the world public opinion.

 

 

1917

 

On November 2, 1917 the British Foreign Secretary, Arthur Balfour, was persuaded to send a letter to Baron Lionel Rothschild, an influential supporter of the world Zionist project, expressing the support of the British government, for the aspirations of the movement. The key language of the letter is as follows:

 

His Majesty ‘s Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use its best endeavors to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.

 

An obvious initial observation is why was Britain moved to take such initiative in the midst of World War One. The most plausible explanation is that the war was not going so well, nurturing the belief and hope by British leaders that siding with the Zionist movement would encourage Jews throughout Europe to back the Allied cause, especially in Russia and Germany. A second motivation was to further British interests in Palestine, which Lloyd George, then Prime Minister, regarded as strategically vital to protect the overland trade route to India as well as safeguard access to the Suez Canal. An apparent third motivation was as an expression of gratitude to Chaim Weizmann, a Zionist leader, for his contributions as a chemist to the British war effort. And finally, there were many Europeans, including Balfour himself, who agreed with Zionism that the only lasting assurance of an elimination of anti-Semitism was for Jews to migrate to Palestine.

 

The Balfour Declaration was controversial from the day of issuance, even among some Jews. For one thing, such a commitment by the British Foreign Office was a purely colonialist undertaking without the slightest effort to consider the sentiments of the predominantly Arab population living in Palestine at the time (Jews were less than 10% of the population in 1917) or to take account of rising international support for the right of self-determination to be enjoyed by all peoples. Prominent Jews, led by Edward Montagu, Secretary of State for India at the time, opposed the Declaration, fearing that it would fan the flames of anti-Semitism, especially in the cities of Europe and North America. Beyond this, the Arabs felt betrayed as Balfour’s initiative was seen both as breaking wartime promises to the Arabs of postwar political independence in exchange for joining the fight against the Turks. It also signaled future troubles arising between the Zionist promotion of Jewish immigration to Palestine and the agitation of the indigenous Arab population, as well as producing in the midst of the Arab world a country with great military capabilities in relation to the surrounding region.

 

It should be acknowledged that even Zionist leaders were not altogether happy with the Balfour Declaration. There were deliberate ambiguities embedded in its language. For instance, Zionists would have preferred the word ‘the’ rather than ‘a’ to precede ‘national home.’ Also, the pledge to protect the status quo of non-Jews was seen as inviting trouble in the future, although as it turned out, this assumption of colonialist responsibility was never taken seriously. Most importantly, the Zionists received support only for the ambiguous reality of a national home rather than a clear promise of a sovereign state with full participatory rights in international society. On this latter point, informal backroom British diplomatic chatter agreed that a Jewish state might emerge in the future, but it was believed that this could happen only after Jews became a majority in Palestine, which happened only by way of the permanent dispossession of hundreds of thousands of Arab Palestinians in the course of the violent establishment of the state of Israel in 1948, which was also shadowed by the recent confirmation of the magnitude of the Holocaust.

 

It is worth this backward glance at the Balfour Declaration to realize how colonial ambition morphed into liberal guilt and humanitarian empathy for the plight of European Jews after World War II, while creating an endless nightmare of disappointment, oppression, and rightlessness for the Palestinian population.

 

 

 

1947

 

After World War Two, with strife in Palestine rising to intense levels, and the British Empire in free fall, Britain relinquished its mandatory role and gave the fledgling UN the job of deciding what to do. The UN created a high level group of diplomats to shape a proposal, resulting in a set of recommendations that featured the partition of Palestine into two communities, one for Jews, the other for Arabs. Jerusalem was internationalized with neither community exercising governing authority nor entitled to claim the city as part of its national identity. The UN report was adopted as an official proposal by a large majority of UN members in the form of General Assembly Resolution 181.

 

The Zionist movement purported to accept 181, while the Arab governments and the representatives of the Palestinian people rejected it, claiming it encroached upon rights of self-determination and was grossly unfair. At the time, Jews formed less than 35% of the population yet were given more than 55% of the land. It seems also that the Zionist acceptance of 181 was tactical rather than a principled commitment to confine border to the territory granted to Jews. This interpretation is reinforced by Israel’s refusal to withdraw from the land allocated to Palestine by 181 after fighting ceased in 1948, and instead Israel became a state based on ‘the green line’ borders that greatly enlarged the territorial expanse set aside for Jews in the UN plan.

 

As is widely appreciated, a war ensued, with armies of neighboring Arab countries entering Palestine being defeated by well-trained and armed Zionist militias. Israel won the war, obtaining control over 78% of Palestine at the time an armistice was reached, dispossessing over 700,000 Palestinians, and destroying several hundred Palestinian villages. This experience is the darkest hour experienced by the Palestinians, a continuing occasion of mourning, being known among Arabs as the nakba, or catastrophe.

 

 

 

 

 

1967

 

The third anniversary of 2017 is that associated with the 1967 War, which led to another military defeat of Arab neighbors, and the Israeli occupation of the whole of Palestine, including the entire city of Jerusalem and the Gaza Strip. The Israeli victory changed the strategic equation dramatically. Israel that had been previously viewed as a strategic burden for the United States was now appreciated and acknowledged as a strategic partner with impressive military capabilities, and thus deserving of unconditional geopolitical support.

 

In famous Resolution 242 UN Security Council unanimously decided on November 22, 1967 that the withdrawal of Israeli forces should be negotiated, with certain agreed border modifications understood to be minor, in the context of reaching a peace agreement that included a fair resolution of issues pertaining to Palestinian refugees living throughout the region. There was no expectation that Israel would avoid withdrawal, and immediately obstruct diplomacy by embarking on the unlawful settlement undertaking.

 

During the next fifty years we have come to realize that 242 has not been implemented. On the contrary, Israel has further encroached on Occupied Palestine through the continually expanding settlements and related infrastructure of roads and security enclaves, including the separation wall found unlawful by a near unanimous majority of the International Court of Justice in 2004.

 

A point has now been reached where few believe that an independent Palestinian state co-existing with Israel is any longer feasible or even desirable, making further reliance on ‘a two-state’ solution delusional, playing into Israeli hands by giving additional time to carry forward a hybrid approach that mixes in the West Bank and East Jerusalem a de facto pattern of gradual annexation with an apartheid structure of occupation. Despair follows because no plausible alternative to the two-state solution enjoys political traction, except possibly an Israeli one-state solution imposed upon the Palestinians at the cost of effectively relinquishing Israel’s lingering pretensions of democracy. Whether the alternative political form of an ethnocracy enjoys political legitimacy is questionable from either a human rights or global public opinion perspective.

 

 

Conclusion

 

These dark remembrances reveal three stages in the steadily worsening Palestinian reality. They also reveal the inability of the UN or international diplomacy to solve the problem of how Palestinians and Jews should share the land. It is too late to reverse altogether these strong currents of history, but the challenge remains acute to find a humane outcome that somehow finds a way to allow these two peoples to live peacefully and securely together or in separated equal political communities that do not trample upon Palestinian rights. Let’s fervently hope that a satisfactory solution is miraculously found or achieved before another dark remembrance commands our attention.  

 

Condemning Israeli Settlement Expansion: UN Security Council Resolution 2334 and Secretary Kerry’s Speech

4 Jan

 

           

On December 23, 2016 the UN Security Council by a vote of 14-0 adopted Resolution 2334, notably with the United States abstaining, condemning Israeli settlement expansion. It was treated as big news in the West because the Obama presidency had finally in its last weeks in office refused to use its veto to protect Israel from UN censure. Especially in the United States, the media focused on the meaning of this diplomatic move, wondering aloud whether it was motivated by Obama’s lingering anger over Netanyahu’s effort to torpedo his efforts to reach agreement with Iran in 2014 on its nuclear program or meant to challenge the incoming Trump leadership to deal responsibly with the unresolved Israel/Palestine conflict and also by indirection to mount criticism of Trump’s reckless pledge to move the American embassy to Jerusalem and his apparent readiness to side openly with extremist Israeli leadership while in the White House.

 

           

The likely lasting importance of the resolution is the evidence of a strong international consensus embodied in the 14-0 vote, with only the US abstention preventing unanimity. To bring together China, Russia, France, and the UK on an initiative tabled by Senegal, Malaysia, and Venezuela, is sending Israel and Washington a clear message that despite the adverse developments of recent years in the Middle East the world will not forget the Palestinians, or their struggle. It is also significant that the resolution calls upon the new UN Secretary General to report back to the SC every three months on progress implementing the resolution and explicitly keeps the Council seized of the issue. Such provisions reinforce the impression that the unresolved Israel/Palestine conflict will remain on the UN policy agenda in the months ahead, which by itself is extremely irritating to Israel.

 

            It is quite obvious that 2334 is largely a symbolic initiative, which is a way of saying that nothing on the ground in occupied Palestine is expected to change even with respect to Israeli settlement policy. Israel responded to the resolution even more defiantly than anticipated partly because this challenge to its policies, although symbolic, was treated as more threatening than a mere gesture of disapproval. Israeli anger seemed principally a reaction to the American failure to follow its normal practice of shielding Israel by casting its veto. It may also reflect concerns in Israel about the growing civil society challenge posed by the Boycott, Divestment, and Sanctions Campaign (BDS) that is gaining traction in recent years, particularly in Europe and North America. In effect, 2334 may be the beginning of a new phase of the legitimacy war that the Palestinian people and their supporters have been waging in recent years in opposition to Israeli occupation policies and practices, not only in the West Bank and East Jerusalem, but also in Gaza and to discredit its diplomacy on the world stage. If Trump delivers on his provocative pledge to move the American Embassy to Jerusalem it is likely to intensify offsetting international efforts to induce the UN to exert greater pressure on Israel to address Palestinian grievances in a manner more in accord with international law.

           

The motivation for the US change of tactics at the UN was greatly elaborated upon a few days later by John Kerry, the American Secretary of State. He mainly connected 2334 with a US effort to save the two-state solution from collapse. Kerry insisted that the two-state solution could still be salvaged, although he acknowledged that it was being put in increasing jeopardy by the steady expansion of Israeli settlements, which he acknowledged as signaling Israel’s ambition to impose their own version of a one-state outcome on the Palestinians. Kerry articulated the widely held belief that the formal annexation of occupied Palestinian territories would force Israel to choose to be either ‘Jewish’ or ‘democratic.’ It could not be both if the 5 million or so Palestinians living under occupation were added to the 1.7 Palestinian minority in pre-1967 Israel. At such a point Israel would either have to grant all Palestinians full citizenship rights, and no longer be Jewish, or withhold these rights and cease further pretenses of being democratic. Significantly, Kerry refrained from saying that such a solution would violate basic Palestinian rights or antagonize the UN to such a degree that sanctions would be imposed on Israel. Secretary Kerry relied on the practical advantages for Israel of making peace with Palestine, and refrained from warning Israel of dire international consequences of continuing to violate international law and defy the unified will of the international community.

 

For a variety of reasons, as suggested, 2334 and the Kerry speech were welcome corrective to the relative silence of recent years in response to the failure of the parties to move any closer to a sustainable peace. It was also a belated indication that at least part of the American political establishment was no longer willing to turn a blind eye to Israeli wrongdoing, at least with respect to the settlements. Yet 2334, and especially the Kerry speech, do not depart from fundamentally mistaken presentations of how to move diplomacy forward. There is no mention of the widely held belief in civil society that the train carrying the two state baggage has already left the station, stranding the hapless diplomats on the platform. In fact, both 2334 and Kerry seek to breathe life into an opposite impression that the only feasible peace arrangement must be based on achieving two independent, sovereign states; no consideration is given to the alternative of a secular one state solution with equality for the two peoples based on democracy and human rights.

 

            The second serious misrepresentation of the situation is the assertion of a false symmetry as between the parties rather than a necessary recognition of disparities in capabilities and responsibilities that have doomed the ‘peace process’ from its inception. The Palestinians are living under a harsh occupation regime, in refugee camps spread around the region, or in a worldwide diaspora, while Israelis are living in freedom, prosperity, and relative security. Israel violates international law in numerous systematic ways, while Palestine endures an oppressive occupation that it is unable to challenge. In this spirit, Kerry declares that both sides are responsible for the lack of diplomatic progress, which overlooks the consequences of Israeli settlement expansion, ethnic policies in Jerusalem, and the blockade of and attacks on Gaza. Reasonable expectations about how to move forward should be grounded in the realities of these disparities and how to overcome them. A start would be to acknowledge that Israeli compliance with international humanitarian law, especially the Fourth Geneva Convention, is a precondition for the resumption of any further negotiations.

 

Considered more carefully, it is probably not surprising that 2334 is somewhat more critical of Israel than the Kerry speech, although the speech is not nearly as ‘anti-Israeli’ as the mainstream Western media would have us believe. 2334 condemns not only recent settlement expansion moves but declares in its first operative clause that all of the settlements established by Israel since 1967 in occupied Palestine, including those in East Jerusalem, have “no legal validity and constitutes a flagrant violation under international law.” Kerry deep in his speech, almost as an aside, acknowledges the continued US acceptance of this wider illegality of the settlements, but simultaneously reassures Israel that it is taken for granted that land exchanges would enable Israel to keep its largest settlements if future peace diplomacy ever does lead to the establishment of an independent and sovereign Palestine. In effect, the fact that these largest settlements built on the best land in the West Bank are widely considered flagrantly unlawful from the time they were established is treated as essentially irrelevant by Kerry with respect to working out a deal on peace.

 

Even more telling, 2334 while affirming the international consensus supportive of a two-state solution does not go on to give any indication of what that might mean if transformed into political reality. Kerry outlines the American vision of such a solution with ideas, which if carefully considered, would make the plan unacceptable to Palestinians even if we make the huge, and currently unwarranted assumptions that Israel might in the future become a sincere participant in a peace process, including a willingness of its government to dismantle substantially the settlement archipelago.

 

For instance, Kerry reflects Washington’s view of a two-state solution by presupposing that if any Palestinian state is ever established it would be entirely demilitarized while Israel would retain unlimited options to remain as militarized as it wished. Such one-sidedness on the vital matter of security is affirmed, despite an expectation that in the course of allowing a Palestinian state to come into existence the 2002 Arab Peace Initiative would be fully implemented. Such a development would allow Israel to count on demilitarized regional security cooperation with the entire Arab world, including full normalization of economic and cultural relations. Even if the Palestinian Authority were persuaded to accept this fundamental inequality in the sovereign rights of the two states, it is doubtful that the Palestinian people would accept such a humiliating and compromised status over time. In effect, the Kerry outline of peace expresses a continuing commitment to pro-Israel partisanship and is less a formula for a sustainable peace between these two peoples than it is a presumably unintentional setting of the stage for an indefinite continuation of the conflict under altered conditions.

 

Yet there are two qualifying considerations that should be taken into account. There are reliable reports that Kerry wanted to make his speech of late December two years ago, and was prohibited from doing so by the White House that feared a backlash that would burden its already difficult task of governance. In effect, as with such famous retirement speeches as Eisenhower’s warning about the military-industrial-complex a half century ago the citizenry is warned when it is too late even to attempt to address the problem until a new leadership takes office. In my view, even if Kerry had been allowed to speak when there was still time to act, there would have been little behavioral effect because Israel is now unconditionally committed to the Greater Israel image of a solution, there was insufficient political will in Washington and around the world to push Israel hard enough, and because the image of ‘peace’ was too one-sided in Israel’s favor as to be either negotiable or sustainable.

 

 

Similar partisan features undermine the credibility of other aspects of Kerry’s advocacy of how best to proceed. While recognizing the importance of the refugee issue, Kerry calls for some kind of solution that allows Palestinian refugees to receive monetary compensation and the right to return to the state of Palestine, but not to their homes or village if located in present day Israel. And no where is Israel’s unlimited right of return available to Jews worldwide, however slight their connection with Israel or Judaism might be.

 

Kerry went out of his way in the speech to demonstrate that the US abstention in relation to 2334 was in no way intended to rupture the special relationship between Israel and the United States. In this vein, Kerry pointed to the fact that the Obama administration had been more generous than its predecessors in bestowing military assistance upon Israel and had over its eight years protected Israel on numerous occasions from hostile initiatives undertaken it various UN venues. His point being that Israel’s defiance on settlements made it politically awkward for the United States to be an effective supporter of Israel and created tension between its preferred pro-Israeli posture and the more pragmatic pursuit of national interests throughout the Middle East.

 

Despite this friction between Washington and Tel Aviv, the US was the only member of the Security Council to refrain from supporting the resolution, limiting its departure from Israel’s expectations by refusing to block 2334, although it apparently toned down the criticism through threatening to use its veto if the language used was not ‘balanced.’ Kerry went out of his way to celebrate the recently deceased former Israeli president, Shimon Peres as a heroic peace warrior, which amounted to a not subtle dig at Netanyahu. Kerry quotes approvingly Peres’ self-satisfied assertion that 78% of historic Palestine should be enough for Israel, which Peres was comparing to the excessive demands for even more land by the settler one-staters. Of course, 78% gives Israel much more than the 55% it was awarded in 1947 by UNGA Assembly Resolution 181. At the time, the entire Arab world and Palestinian representatives rejected this UN proposal as unacceptable despite given 45% or more than double the territory of Palestine after Israeli withdrawal from Palestinian land occupied since the 1967 War. Beyond this, Kerry’s inclusion of land swaps as integral to his version of the two-state solution would result in further encroachments on territory left to the Palestinians, a result obscured to some extent by giving Palestine uninhabitable desert acreage as a dubious equivalent for the prime agricultural land on which the unlawful Israeli settlements are built. At best, territorial equality would be achieved quantitatively, but certainly not, qualitatively, which is what counts.

 

At the same time there are some positive aspects to Kerry speech. It did create a stir by its sharp criticism of Israel’s policies on settlements, as well as open doors to debate and broke the silence that was enabling Israel to proceed with its plans for territorial expansion. It is worth noting that James Zogby, long a dedicated advocate of Palestinian rights who has been surprisingly effective in the face of the constraints of the American setting, has expressed his strong appreciation for Kerry’s speech in the following words: “To some, especially Palestinians, this may seem like ‘too little, too late.’ But as someone who has been a part of the effort to create an American debate on Israeli policies, Kerry’s intervention is both welcome, validating, and empowering. He laid down markers that should help liberals and progressives define a policy agenda on the Israel-Palestine conflict—exactly what we need as we enter the challenges of the Trump era.”

 

Overall, the impact of 2334 is likely to be greater than it would have been if Israel had not reacted so petulantly. Even if Trump reverses the American critical approach to further Israeli settlement expansion, the UN has been reawakened to its long lapsed responsibility to find a peaceful solution for the conflict and end the Palestinian ordeal that has gone on for an entire century since Lord Alfred Balfour gave a British colonial green light to the Zionist project in 1917 to establish a Jewish homeland in historic Palestine. As well, civil society activists that have thrown their support to the BDS Campaign and governments critical of Israel’s behavior are likely to feel encouraged and even empowered by this expression of virtual unity among the governments belonging to the most important organ of the UN System. Of course, there have been many resolutions critical of Israel in the past, and nothing has happened. The harsh occupation persists unabated, the dynamics of annexation move steadily forward, and the Palestinian tragedy goes on and on. Despite this inter-governmental step at the UN, it still seems that the Palestinian fate will be primarily determined by people, above all by various forms of Palestinian resistance and secondarily by the extent of global solidarity pressures. Whether resistance and solidarity on behalf of justice is sufficient to neutralize the iron fist of geopolitics and state power remains the essential challenge.

James Zogby, long a dedicated advocate of Palestinian rights who has persevered in the face of the many difficulties present in the American setting, deserves a respectful hearing for his praise for of the Kerry speech. He has expressed his strong appreciation with the following words: “To some, especially Palestinians, this may seem like ‘too little, too late.’ But as someone who has been a part of the effort to create an American debate on Israeli policies, Kerry’s intervention is both welcome, validating, and empowering. He laid down markers that should help liberals and progressives define a policy agenda on the Israel-Palestine conflict—exactly what we need as we enter the challenges of the Trump era.” Let us join Zogby in acknowledging a few drops of water in the glass containing Palestinian hopes, but let us also recognize that even with Kerry break with silence, lots has to happen before we can begin to believe that the glass is half full.

While keeping open a suspicious eye, it is important to acknowledge positive aspects of the Kerry speech: It did create a stir by its sharp criticism of Israel’s policies on settlements, as well as open doors to debate and broke the silence that was enabling Israel to proceed with its plans for territorial expansion. In the period ahead, we may even become nostalgic for the posture, even if mainly hypocritical, of seeking a peaceful, negotiated future for the Palestinian people. Or maybe the stripping away of illusions will highlight the continued dependence of the Palestinians on struggle and solidarity.

 

 

 

 

 

UNESCO Censures Israel’s Administration of Jerusalem

4 Nov

[Prefatory Note: The post below is a modified version of an opinion piece that was published in Middle East Eye, November 3, 2016.]

 

 

 

 UNESCO, Palestine, and Israel

 

In response to UNESCO resolutions adopted in October that were highly critical of Israel’s protection of sacred and cultural Islamic heritage sites in Jerusalem, there is again a fiery confrontation between Israel and this UN organ whose actions have so often touched the raw nerves of Western political sensibilities. The main UNESCO resolution ‘deeply deplores’ Israel’s failure to stop a series of excavations and related activities in East Jerusalem, which are declared to be harming Islamic sites in Jerusalem, and above all complains about Israel’s interference with worship and serenity at the Al Aqsa mosque. The resolutions also complain about Israel’s general failure to cooperate with UNESCO’s cultural and religious conservation work in Jerusalem, especially in the ‘Old City,’ even to the point of refusing visas to UN officials seeking to carry out their duties.

 

Of course, not far in the background is Israel’s hostility toward UNESCO that has been pronounced ever since 2011 when Palestine was admitted to UNESCO as a member state over the vigorous objections of Israel, the United States, as well as several European countries. Unlike the Security Council, where the US could singlehandedly block full UN membership, there is no veto in either the General Assembly or in UN specialized agencies. Israel has refused all cooperation with UNESCO ever since Palestine gained membership, which presupposes that Palestine qualifies for membership because it has the credential of a state. Obligingly, the U.S. reinforced Israel’s hostility by withholding its annual contributions ever since, which amounts to a hefty 22% of the UNESCO budget.

 

This New Controversy

 

This latest initiative raised substantive issues high on the UNESCO agenda. This contrasts with the earlier status fight about admission to the agency, which was limited in scope to a procedural matter, that is, whether or not Palestine qualifies as a state entitled to membership. Here, Israel insists that UNESCO is aligning itself with a sinister Arab effort to minimize, or even erase, Jewish historic and religious connections with Jerusalem, and specifically with the area around Al Aqsa Mosque and the nearby Noble Sanctuary. The resolution fails to mention explicitly Jewish connections with the Temple Mount and Western Wall, using only Arab names for these places of overlapping religious significance, although in its general language it was acknowledged in the UNESCO text that all three monotheistic religions possessed historical connections with the Old City in Jerusalem that should be respected. It is accurate for Israel to assert that the Temple Mount and Western Wall are the very most sacred of all Jewish holy places, a reality that should have been acknowledged. It was somewhat invidious, and not really relevant, for the Israeli denunciation of the UNESCO action, to point out that Al Aqsa ranked only third in the Islamic canon, behind Mecca and Medina, and thus seemingly had a lesser claim on UNESCO’s protection if competing claims were at issue. Actually, this line of attack is a red herring as there was no UNESCO attempt to denigrate Jewish claims; the resolutions were devoted to pointing out Israel’s failures of responsibility with Islamic sites.

 

Nevertheless, in a typically diversionary spirits, Israel’s top politicians insisted that to approach UNESCO’s role in Jerusalem in such an allegedly partisan manner effect was deeply offensive to Jewish concerns. Netanyahu, never at a loss for invective, put his objection this way: “Saying that Israel doesn’t have a connection to the Temple Mount and the Western Wall is like saying the Chinese don’t have a connection to the Great Wall.” He went on, “Through this absurd decision, UNESCO has lost the little bit of legitimacy that it has.” Let’s be clear. The UNESCO resolutions in no way denied Jewish connections with the holy sites of Jersualem, it just failed to acknowledge them by name. There was no ‘absurd decision’ as the resolutions were above all a fully legitimate, even overdue, call to Israel to start performing its proper role of protecting Islamic sites as Occupying Power in accord with law, and in the interest of cultural preservation. There were strong grounds to believe that Israel was administering Jerusalem in ways that were threatening in various ways to the integrity and enjoyment of Islamic sites. From this perspective it was in no way relevant to mention, much less criticize, Israel’s protection of Jewish sites as they were being fully protected by Israel, likely over-protected and allowed to encroach in unacceptable ways on Islamic sites.

 

Jordan, among the several Arab sponsors, praised UNESCO’s “historic decision” as supportive of the very genuine struggle to preserve the status quo in Jerusalem in the face of Israeli efforts to create as much of a Jewish city as possible, diminishing by stages the Palestinian and Islamic character of the place. In recent years there was particular reasons for concern about Israel’s effort to administer the holy sites in Jerusalem, especially Al Aqsa. Such an evenhanded role conflicted with Israel’s preoccupation with promoting the primacy of Jewish traditions and memories, and deliberately at the expense of Muslim and even Christian concerns.

 

There has been a series of violent encounters at Al Aqsa during several recent religious holidays. This much beloved mosque was increasingly endangered as a serene place of worship by Israeli policies and practices in recent years. Israel has in the past been severely criticized for the failure to fulfill its legal responsibilities with respect to holy sites in Jerusalem as ‘Occupying Power.’ With respect to Al Aqsa Israel was specifically charged with denying access to Muslim worshippers and not taking adequate steps to curb the campaign of settler extremists to assert aggressively Jewish claims in the mosque area leading to violent encounters.

 

Appraising the UNESCO Initiative

 

Overall, it would seem that there are two kinds of understandable reactions to this latest UNESCO initiative. It was entirely appropriate and even necessary for UNESCO members and the organization to complain about Israel’s failures to uphold its several responsibilities with respect to holy and heritage sites throughout Jerusalem. It is one more illustration of Israel’s pattern of defiance when it comes to discharging its obligations as set forth in the Geneva Conventions and other international treaties. In these circumstances, it was appropriate for UNESCO to act, and given developments in Jerusalem in recent years, even with a sense of urgency.

 

At the same time, it was inappropriate and seems irresponsible for the resolution to avoid an explicit acknowledgement of the Jewish connections to Temple Mount and Western Wall. The UNESCO drafters should have anticipated that by referencing only the Arabic names the resolutions would be sufficiently provocative to give Israel a rather plausible pretext for voicing a hostile reaction, and thereby evading the substantive criticism that was the core of the initiative. These wider politics also led a politically acute Irina Bokova, Director General of UNESCO, to join Israel, the United States, and some European states in condemning the resolutions, calling them an irresponsible incitement of violence, swallowing Israel’s bait to place all blame on the provocation and give no attention at all to the genuine substantive issues that lie at the heart of UNESCO’s mission.

 

This unwillingness to mention both the Jewish and Arab names for the holy sites in Jerusalem had the dysfunctional effect of shifting attention away from the legitimate concerns of Palestinians and others in the Islamic world about the overall failure of Israel to uphold its responsibilities in Jerusalem, which included a variety of efforts to Judaize the city by stages. These unacceptable occupation policies verge on ethnic cleansing with a focus on undermining the Palestinian presence in relation to religious and cultural claims, residence rights, building permits, and family reunification. Thus, Israeli failures to carry out the legal responsibilities associated with being an Occupying Power with respect to non-Jewish holy and cultural heritage sites should be understood as an inflammatory implementation of Israel’s unlawful annexation of Jerusalem.

 

It is possible that this question of acknowledgement might not have avoided Israel’s condemnation of UNESCO’s initiative. It seems likely that Israel was enraged by this successful move by Palestine to sidestep Israel’s attempt to oppose any Palestinian effort to gain legitimacy and attention for its statehood claims. In this regard Israel’s most basic objection to the resolution likely involved the adoption of its title “Occupied Palestine,’ giving Palestine the status it is aspiring to establish on its own without any prior agreement by Israel. This by itself infuriates the Netanyahu leadership in Israel, which is evidently seeking to exclude any possibility of Palestinian statehood, and seeks to avoid the legal complications of occupying a foreign state as it proceeds with its own territorial expansion. Finally, it should be appreciated that Palestine has only resorted to this symbolic chessboard of UN legitimation after twenty years of frustration and setbacks resulting from Oslo diplomacy.

The Geopolitics of Shimon Peres’ Legacy

6 Oct

 

 

The recent death of Shimon Peres is notable in several respects that are additional to his salient, contradictory, and ambiguous legacy, which may help explain why there has been such an effort to clarify how best to remember the man. Basically, the question posed is whether to celebrate Peres’ death as that of a man dedicated to peace and reconciliation or to portray him as a wily opportunist, a skillful image-maker, and in the end, a harsh Zionist and ambitious Israeli leader. My contention is that the way Peres is being perceived and presented at the time of his death serves as a litmus test of how those on opposite sides of the Israeli/Palestinian divide experienced Peres and beyond this, how various prominent personalities for their own purposes position themselves by either championing the well orchestrated ‘Peres myth’ or seeking to depict the ‘Peres reality.’ This rich obscurity of perceptual interpretation is part of what led the death of Shimon Peres to be taken so much more seriously than that of Ariel Sharon or Moshe Dayan, who were both much more instrumental figures in the history of the Zionist project and the evolution of the state of Israel. As Shakespeare taught us, especially in Julius Caesar, it is the quality of opaqueness that creates heightened dramatic tension in reaction to an historically significant death.

 

These divergent assessments of the life of Shimon Peres can be roughly divided into three categories, although there are overlaps and variations within each. What can we learn from these divergences? (1) the rich, famous, and politically powerful in the West who have been bewitched by Peres’s formidable charms; (2) the rich, famous, and politically influential who know better the moral and complexity of Peres, but put on blinders while walking the path of politically correctness, which overlooks, or at least minimizes, his blemishes; (3) the marginalized, often embittered, whose self-appointed mission it is to be witnesses to what is deemed the truth behind the myth, and especially those on the Palestinian side of the fence.

 

 

Peres is unique among those recently active in Israel as his long life spans the entire Zionist experience, but more than longevity is the credibility associated with the claim that Peres should be set apart from other Israeli politicians as someone genuinely dedicated to establishing peaceful relations with the Palestinians via the realization of the two-state solution, and achieving more generally, good relations with the wider Arab world. Peres’ own presentation of self along these lines, especially in his latter years during which he served as President of Israel, provided international personalities with an excellent opportunity to exhibit the quality of attachment not only to the man, but to Israel as a country and Zionism as a movement. Allowing Peres’ idealist persona to epitomize the true nature of Israel created the political space needed to affirm contemporary Israel without being forced to admit that Israel as a political player was behaving in a manner that defied law and morality.

 

As already suggested, those praising Peres without any reservations fall into two of the categories set forth above. There are those like Barack Obama and Bill Clinton who seem to believe that Peres is truly a heroic embodiment of everything they hoped Israel would become, and to some extent is; in effect, the embodiment of the better angels of the Israeli experience. As well, displaying unreserved admiration and affection for Peres present Western leaders with a subtle opportunity to express indirectly their displeasure with Netanyahu and their concerns about the recent drift of Israeli diplomacy in the direction of a de facto foreclosure of Palestinian aspirations and rights.

 

Of course, such politicians are also eager to be seen at the same time as unconditionally pro-Israeli. Obama made this abundantly clear in his fawning and demeaning farewell meeting with Netanyahu at the UN, which Israel reciprocated by a provocative approval of a controversial settlement expansion, basically one more slap in Obama’s face.

 

Clinton, as well, seems understandably eager to make sure that no daylight appears between his solidarity with Israel and that of his presidential candidate spouse who has topped all American politicians, which says a lot, by tightening her embrace of everything Netanyahu’s Israel currently hopes for in Washington, including even an explicit commitment to join the fight against BDS. By so doing, Hilary Clinton has committed her presidency to favor what appear to be unconstitutional encroachments on freedom of expression that should be an occasion to vent public outrage, but has so far survived the gaze of the gatekeepers without eliciting the slightest critical comments from her opponents and even the media.

 

In the second category of fulsome praise for the departed Peres a variety of private motives is evident. There are those self-important braggarts like Tom Friedman, who clearly knows all about the complexity of the Peres story, but pretends to be gazing wide eyed at the brilliant blue of a cloudless sky as he describes his supposedly idyllic friendship with Peres over a period of 35 years. Friedman is definitely informed and intelligent enough not to be taken in by the Peres myth, and despite his signature demeanor of fearless candor, his views tend to be in total alignment with the liberal pro-Jewish mainstream, whether the topic is assessing Peres’s life or for that matter, assessing America’s global role or the current race for the presidency. He is as anti-Trump and as he is pro-Peres, exhibiting his mentoring stature as the guru of centrist political correctness, which is slightly disguised to the unwary by his brash tone that purports to be telling it like it is even when it isn’t.

 

And then in this same category, strange bedfellows to be sure, are quasi-collaborationist Palestinian leaders, most notably, Mahmoud Abbas who showed up in Jerusalem at the Peres funeral, described in the media as a rare visit to Israel, and seized the opportunity of Peres’ death to demonstrate that the Palestinian leadership is not hostile to Israeli leaders who the world recognizes as committed to peace based on the two-state solution. Abbas was presumably seeking, as well, to enhance his image as a reasonable, moderate, and trustworthy partner in the search for peace, which of course understandably infuriated not only Hamas but all those Palestinians who know better, given the daily ordeal that Palestinians are enduring as a result of policies that Peres never opposed, and in some instances, as with settlements and occupation, helped to establish. The portrayal of Peres by the respected Israeli historian, Tom Segev can hardly be news to Abbas who has endured first hand the long Palestinian ordeal: “Mr. Peres would certainly liked to enter history as a peacemaker, but that’s not how he should be remembered: indeed his greatest contributions were to Israel’s military might and victories.”

 

Hanan Ashrawi, a Palestinian Christian who has had important positions with the PLO for many years, and has long worked for a real peace in a spirit of dedication, but without succumbing to the deceptions surrounding the Oslo diplomacy. Ashrawi has managed to keep her eyes open to the reality of Palestinian suffering, making her inevitably more critical of Peres and suspicious of those who would whitewash is life story. She writes of Peres after his death, as follows: “Palestinians’ faith in Mr. Peres had been tested before. Not forgotten by Palestinians and others in the region is the role that he played arming the Israeli forces that expelled some 750,000 Palestinians during the establishment of Israel in 1948; the regional nuclear arms race he incited by initiating Israel’s secret atomic weapons program in the 1950s and ’60s; his responsibility for establishing some of the first Jewish settlements on occupied Palestinian land in the ’70s; his public discourse as a minister in Likud-led coalitions, justifying Israeli violations of Palestinian rights and extremist ideology; and his final role in Israeli politics as president, serving as a fig leaf for the radically pro-settler government of Prime Minister Benjamin Netanyahu.” [NY Times (international edition, Oct 3, 2016)]

 

 

 

Above all, this overly elaborate observance of Peres’ death serves as an informal litmus test useful for determining degrees of devotion to Israel and its policies without bothering to weigh in the balance the country’s obligations under international law or the cruel reality being imposed on the Palestinian people year after year. Those who praise Peres unreservedly are deemed trustworthy within the Beltway, scoring high marks from AIPAC, and those who point to his shortcomings or to policies that went awry are viewed as unredeemably hostile to Israel. They are correctly assumed to be critics of the Special Relationship and of the over the top flows of U.S. military assistance (at least $3.8 billion over the next ten years), or worse, identified as sympathizers with the Palestinian struggle. This description fits such respected and influential critics of the Peres myth as Robert Fisk (British journalist), Uri Avnery (Israeli peace activist, former Knesset member), Gideon Levy (Israeli journalist), and Ilan Pappé (noted Israeli revisionist historian living in Britain).

 

 

 

In my view only those who see the dark sides of Shimon Peres are to be trusted, although it is excusable to be an innocent devotee in the manner of Obama. In this regard the knowledgeable liberal enthusiast is the least acceptable of the three categories because of the willful deception involved in painting a picture of Peres that is known to feed a misleading myth that is itself part of the Israeli hasbara manipulating international public awareness of the Palestinian ordeal, and thus encouraging a false public belief that the leadership in Israel, even the Netanyahu crowd, is sincere in their off again on again advocacy of a two-state solution or of the establishment of a truly independent Palestinian state. Remember that even Netanyahu joined the chorus at the funeral by treating Peres with a moral deference that should be reserved for the gods.

 

There is another aspect of what was signified by the ardent eulogies delivered by Western leaders at the Peres funeral that was dramatically underlined by the renowned Israeli columnist, Gideon Levy, yet entirely overlooked in the extensive commentary: “Anti-Semitism died on Friday — or at least, its use as an excuse by Israel. On the eve of Rosh Hashanah 5777, the world proved that while anti-Semitism remains in certain limited circles, it can no longer frame most of the world’s governments. Also, hatred of Israel is not what it is said to be, or what Israel says it is.” Levy’s observation is timely and relevant. It goes beyond an expression of the view that Peres was partly lauded because he was ‘not Netanyahu.’ Far deeper is Levy’s understanding that the Peres funeral gave the West an opportunity to express their affection and admiration for a prominent Jew being celebrated because he fashioned for himself and others the image of a ‘man of peace.’ Independent of whether or not this is a true appreciation, it allows a distinction to be sharply drawn between rejecting Jews as a people and criticizing Israel and its leaders for their practices and policies. In effect, if Israel were to embody the supposed worldview of Peres, and bring peace, then Israel would be welcomed into the community of states without any resistance arising from the Jewish identity of its majority population.

 

We in the United States are particularly grateful to Gideon Levy for making this point so clearly. We are faced with the opposite syndrome. Namely, criticisms of Israel’s policies and practices with respect to the Palestinian people are being deliberately treated as ‘hate speech’ and worse, as a new virulent form of post-Holocaust anti-Semitism. Such attacks have been recently mounted with hurtful fury against pro-Palestinian activists and supporters of the BDS Campaign.

 

May Shimon Peres rest in peace, and may the Palestinian people through their representatives intensify their struggle to achieve a real peace with Israel based on law, justice, and mutual empathy.