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Recognizing Jerusalem as Israel’s Capital

15 Dec

 

[Prefatory Note: The following post is a modified version of an article published on December 8th in Middle East Eye. It considers the normative and geopolitical sides of Trump’s unilateralism. Apologists claiming Trump finally acknowledged the operational reality that Jerusalem has been serving as the capital of Israel for the last 50 years, and the disruptive effects have been exaggerated as Saudi Arabia has not reacted in a strongly negative manner. Critics, including myself, regard the initiative as a gratuitous slap at the Palestinians and a further confirmation of Trump’s disregard of international law, international morality, and the authority of the United Nations. The status of Jerusalem serves as a focal point for the tension between the old geopolitics of hard power realism and the normative geopolitics of soft power new realism that is struggling through a birthing process in many settings. In my view the resolution of this tension will shape the trajectory of 21st century humanity. In other words, the stakes are high.]

 

Recognizing Jerusalem as Israel’s Capital

 

With the deftness of a bull in a china shop, Donald Trump has ignored the advice of several close advisors, disregarded the fervent pleas of several of Israel’s closest Arab neighbors, ignored warnings of America’s traditional allies in the Middle East and Europe, and ruptured a key element of an international consensus that had long prevailed at the UN, by going ahead to proclaim formally Washington’s view that Jerusalem is and will be the capital of Israel. Such a declaration serves also to rationalize the prior pledge to move the American Embassy from Tel Aviv, the city where every other country in the world insists on maintaining its government to government relationship with Israel, to the city of Jerusalem, sacred to all three of the monotheistic religions.

 

The most obvious question to pose is one of motivations: Why? Strange as it may seem to those living in the Middle East, the most persuasive explanation is that Trump saw this act of recognition as an opportunity to show his most fervent supporters at home that he was being true to his campaign promises. Trump has been frustrated during the first year of his presidency by his embarrassing inability to carry out the program that helped get him elected in 2016. It is true that by taking this further step toward relocating the American embassy Trump’s popularity in Israel spiked and as he has pointed out he is actually doing what his predecessors and Congress has long proposed.

 

In essence, Trump seems to have taken this internationally controversial step because he cares about pleasing the Christian Zionists and the Israeli Lobby in America more than he does about ruffling the feathers of UN diplomats, possibly inflaming the Arab masses, removing the last shred of doubt among Palestinians that the U.S. could ever be trusted to play the role of ‘honest broker,’ or even partisan intermediary, in the pursuit of a two-state solution, and perhaps most of all, connecting American foreign policy in the turbulent Middle East is some durable and coherent way with strategic national interests in regional stability.

 

From this perspective, Trump has once again demonstrated his extraordinary talent for choosing the worst possible alternative in delicate international situations where dire consequences could follow from the wrong policy turn, and the rewards of going it alone seem minimal and transient, at best.

This vivid instance of Jerusalem unilateralism parallels the geopolitical stupidity of withdrawing from the Paris Climate Change Agreement of 2015 a few months ago. There also the Trump approach to foreign policy seemed perversely designed to burnish its already secure reputation as the first rogue superpower of the nuclear age. This global spoiler role is also dangerously evident in the apocalyptic threat diplomacy adopted by Trump in the Korean Peninsula as a response to Kim Jong-un’s nuclear weapons program, which include provocative bluster, weapons developments, and grave risks of mutual miscalculation.  

 

Liberal opinion in the U.S. and abroad lamented the Trump initiative on Jerusalem for the wrong reasons. Especially prominent was the assertion in various forms that Trump had damaged, if not destroyed, the ‘peace process,’ and its special role as convening party. Such a concern presupposes that a peace process sufficiently existed to be susceptible to being destroyed. While promising ‘the deal of the century,’ Trump turned over his supposed peace offensive, to pro-Zionist extremists and settler fundamentalists (David M. Friedman, Jared Kushner, and Jason Greenblatt) whose obvious goal was not peace, but putting the finishing touches on what they regarded as an Israeli victory that only needed a face-saving exit arrangement for the Palestinian Authority to complete the job. Working in tandem with the Netanyahu leadership, the Trump effort has been so far focused on killing ‘the two-state solution,’ at least in its claim to satisfy reasonable Palestinian expectations of self-determination in the form of a viable and truly independent sovereign state with its capital in East Jerusalem. In its place, one supposes that the Trump ‘dream team’ will come up with a non-viable polity in what remains under Palestinian control in the West Bank, either tied to Gaza or separated in some enduring way, affronting reality by calling the plan a fulfillment of two-state expectations, and dismissing Palestinian objections as ‘rejectionism,’ a stubborn insistence on having it all, and in the end, a take it or leave it version of Hobson’s Choice.

 

As matters now stand, the status quo is also very unfavorable from the point of view of the Palestinian national struggle and the implementation of the international community’s version of a reasonable compromise. This status quo of occupation and dispossession facilitates the continuing conversion of the 1967 ‘occupation’ of Palestinian territory into a permanent reality that unlawfully blends the annexation of the West Bank and East Jerusalem with the maintenance of control over the Palestinian people by means of apartheid structures of subjugation. If this assessment is correct, then moving the American Embassy to Jerusalem can be seen as supportive of Netanyahu’s apparent conception of the end-game of this hundred year struggle between the national aspirations of these two embattled peoples. In this regard, the bluntness of the Trump approach exposes to the world an ugly reality that should have been obvious all along to anyone looking at Israeli behavior with a critical eye, or grasping the policy fallout from the ‘America First’ mantra.

What gives this regressive turn its plausibility, posing yet another challenge to the Palestinian movement, is the blind eye that the new look in Riyadh has turned toward even the Judaization of Jerusalem, which would seem to confirm the Saudi priority of geopolitical collaboration with the United States and Israel, even at the expense of fundamental Islamic concerns and the maintenance of solidarity in the Muslim world. In this sense, it is well to take some note of the declaration of the Organization of Islamic Cooperation (OIC), endorsed by all 57 of its member states (including Saudi Arabia), that Jerusalem is the capital of Palestine, denying Israel any right to a formal governing process in the city.

 

While this substantive analysis helps us grasp the geopolitical context that makes recognition of Jerusalem as Israel’s capital a kick in the groin of Palestinian delusions about a viable peace diplomacy while at the same time leading most Israelis to dance in the streets. It also underscores the hypocrisy of the international community’s call for reviving the peace process when it should long have been evident that Israeli settlement expansion as well as Tel Aviv’s approach to Jerusalem had passed the point of no return, and thus the occasion for abandoning an unworkable diplomacy, and facing with honesty the daunting question—‘What next?.’ Israel’s recent behavior makes it clear for all except hasbarists that the Israeli government has no current willingness whatsoever to end the conflict if this means creating an independent Palestinian state delimited by 1967 borders, thereby encompassing West Bank, Gaza, and East Jerusalem. For Israel the alternatives are perpetuating the apartheid status quo or allowing for the emergence of ‘Bantustan Palestine’ as the diplomatic price that the Netanyahu leadership is willing to pay for a certification of ‘peaceful solution.’

 

From the issuance of the Balfour Declaration in 1917 to this historic moment acknowledging Israel’s claims to Jerusalem, Zionism and since 1948, the state of Israel, have disseminated a double-coded message to the world. In its public utterances, Israel’s public posture is one of a readiness for compromise and peaceful coexistence with the Palestinians, while its practices and actual objectives, can only be understood as the step by step consistent pursuit of the visionary ideal of Greater Israel or Our Promised Land. The present Israeli ambassador to the U.S., Ron Dermer, in the course of thanking Trump for standing so strongly with Israel, told an American TV audience that Jerusalem has been truly the capital of the Jewish people for 3,000 years. No where has Israel’s double-coding been more evident than in relation to Jerusalem. It uses the grandiose claims of Jewish religion tradition when it can and the somewhat more constraining diplomacy of statecraft when it offers opportunities, and does its best to avoid altogether the precepts of international humanitarian law or the UN consensus.

 

On the public discourse side stands Israel’s public acceptance of the partition arrangements embodied in General Assembly Resolution 181, which included the internationalization of Jerusalem under UN administration. More critically viewed from a behavioral discourse perspective, Israel’s actual conduct flagrantly consistently defied international law by formally enlarging and annexing Jerusalem as ‘the eternal capital’ of the Jewish people and manipulating the demographics and cultural heritage of the city in ways that made it seem more credible to regard the whole of Jerusalem as a Jewish city.

 

It is difficult for even notorious Israeli apologists, such as Elliot Abrams or former American ambassadors to Israel to defend the actual Trump decision. Such apologists prefer to adopt a default position. Yes, the timing of the White House initiative was tactically questionable, but its international condemnation greatly exaggerates its importance and inappropriateness. They view criticisms and concerns as overblown, amounting to a display of ‘heavy breathing.’ In effect these apologists agree with Trump’s core contention that the acceptance of Israel’s claim to have its capital in Jerusalem, is an overdue recognition of reality, nothing more, nothing less, and that the rest of the world will have to learn to live with this recognition. Time will tell whether this downplaying of fears of renewed violence of resistance and anti-Americanism are anything other than a feeble attempt by apologists to reaffirm Israel’s legitimacy in the face of what should turn out to be a geopolitical fiasco.

 

What should dismay the region and the world the most about Trump’s Jerusalem policy is its peculiar mixture of ignoring law, morality, and the international consensus while so blatantly harming America’s more constructively conceived national interests and tradition of global leadership. This mixture becomes toxic with respect to Jerusalem because by humiliating the Palestinian national movement and ignoring the symbolic status of Jerusalem for Muslims and the Arab peoples, it makes violent extremism more likely while lending support to existing postures of anti-Americanism. How incoherent and self-defeating to proclaim the defeat of ISIS and political extremism as the top American priority and then making this Jerusalem move that is virtually certain to produce populist rage and an extremist backlash. No ISIS recruiter could have wished for more!

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Jerusalem Is (Is Not) the Capital of Israel

10 Dec

[Prefatory Note: This post is a slightly modified version of an article published in the global edition of the Italian newspaper, Il Manifesto, on December 8, 2017.]

 Jerusalem Is (Is Not) the Capital of Israel

 Those who speak on behalf of Israel like to defend Donald Trump’s provocative decision of December 6th to recognize Jerusalem as the capital of Israel with this contention: “Israel is the only state in the world that is not allowed to locate its capital in a national city of its choice.” It seems like an innocent enough proclamation, and even accurate pushback against global double standards, until one considers the political, moral, and legal dimensions of the actual situation.

 

With the benefit of just a moment’s reflection, a more thoughtful formulation of the issue would be: “Israel is the only state in the world whose government dares to locate its capital in a city located beyond its sovereign borders and subject to superior competing claims.” Granted, Israel has declined to date to define its borders for purposes of international law, presumably to leave room for its own further territorial expansion until the whole of the promised land as understood to comprise biblical Israel is effectively made subject to Israeli sovereign control. At stake, in particular, is the West Bank, which is known within Israel by its biblical names of Judea and Samaria, signifying Israel’s outlier belief that the ethnic and religious heritage of the Jewish people takes precedence over modern international law.

 

Further reflection casts additional doubt on this Trump/Netanyahu approach to the status of Jerusalem. It is helpful to go back at least 70 years to the controversial UN partition proposals set forth in General Assembly Resolution 181. Israel over the years has often congratulated itself on its acceptance of 181, which it contrasts with the Palestinian rejection. Palestinians suffered massive dispossession and expulsion in the war that ensued in 1947, known as the Nakba among Palestinians. Israel has argued over the years that its acceptance of 181 overrides the grievances attributable to the Nakba, including the denial to Palestinians of any right to return to their homes or place of habitation however deep and authentic their connections with the land and regardless of how persuasive their claims of Palestinian identity happen to be. What Israelis want the world to forget in the present setting is the UN treatment of Jerusalem that was integral to the 181 approach. Instead, Israel has sold the false story to the world that 181 was exclusively about the division of territory, and thus the bits about Jerusalem contained in the resolution can be ignored without comment, and deserve to be long forgotten.

 

What the UN actually proposed in GA Res. 181, and what Israel ‘accepted’ in 1947 was that the city of Jerusalem, in deference to its connections with Palestinians and Jewish national identity, should not be under the sovereign control of either people, but internationalized and subject to UN administration. Beyond the difficulty of reconciling Jewish and Palestinian claims to the city, the symbolic and religious significance of Jerusalem to the three monotheistic religions provided a parallel strong rationale for internationalization that has, if anything, further vindicated with the passage of time.

 

It can be argued by proponents of Trump’s recognition that even the Palestinians and the Arab World (by virtue of the 2002 Arab Peace Initiative) have silently replaced the internationalization of Jerusalem with the so-called ‘two-state solution’ in which the common assumption of both sides is that Jerusalem would be shared in ways that allowed both Israel and Palestine to establish their respective capital within the city limits. Most two-state plans called for the Palestinian capital to be located in East Jerusalem, which Israel has occupied for the past 50 years, that is, ever since the 1967 War. The clarity of this conviction is what explains the view that the thorny question of the relationship of both Israel and Palestine to the disposition of Jerusalem should be addressed at the last stage of peace negotiations. But suppose that the prospect of genuine peace negotiations is postponed indefinitely, then what? The geopolitical effort to fill this vacuum is undertaken at the expense of UN authority, as well as international law and international morality.

 

Here again we encounter an awkward split between what Israel claims (as reinforced by U.S. foreign policy) and what international law allows. Israel after the war ended in 1967 immediately asserted that the whole of Jerusalem was ‘the eternal capital’ of the Jewish people. Tel Aviv went even further. It expanded by Israeli legal decree the area encompassed by the city of Jerusalem, almost doubling its size and incorporating a series of Palestinian communities in the process. Israel acted unilaterally and unlawfully, against unified opposition within the UN, in defiance of world public opinion, and even in the face of rebuke by such a widely respected moral authority figure as Pope Francis.

 

East Jerusalem, at least, is ‘Occupied Territory’ according to international humanitarian law, and as such is subject to the Geneva Conventions. The Fourth Geneva Convention governs ‘belligerent occupation,’ and rests on the basic legal norm that an Occupying Power should take no steps, other than those justified by imperative security considerations, to diminish the rights and prospects of a civilian population living under occupation. In this regard, it is hardly surprising that Israel’s actions designed to obliterate East Jerusalem as a distinct ‘occupied’ territory have met with universal legal and political condemnation within the UN. For Trump to depart from this international consensus is not only striking heavy blows against the U.S. role as intermediary in any future peace process, but also mindlessly scrapping the two-state approach as the agreed basis of peace without offering an alternative, leaving the impression that whatever reality Israel imposes the United States will accept, giving scant attention to international concerns or Palestinian rights.

 

Returning to the burning question as to why Israel should be denied the right to locate its capital wherever it wishes, as other states do, it is clarifying to reformulate the Israeli claim: “Does any state have the right to establish its capital in a city that is ‘occupied’ rather than under the exclusive sovereign authority of the territorial government?” This is especially relevant in this instance, given the general agreement within the international community that the Palestinian right of self-determination includes the right to have its national capital both within its territory and in Jerusalem.

 

Trump’s initiative tries to ease the pain by the confusing accompanying assertion that the final disposition of Jerusalem’s borders is something for the parties to decide as part of final status negotiations, that is, at the end of the diplomatic endgame. Aside from Israel’s belief that it need not make further concessions for the sake of peace, a geopolitical assertion of support for Israel’s approach to Jerusalem, especially without the backing of the Arab League, the UN, and the European Union is worse than an empty gesture. It uses an iron fist on behalf of the stronger party, where a minimal respect for law, morality, and justice would counsel giving support for the well-grounded claims of the weaker side, or at least staying neutral.

 

The harm done by the Trump initiative on recognizing Jerusalem as the capital of Israel, and declared intention to start the process of moving the embassy is impossible to assess fully at this time. Whether there will be an upsurge in resistance violence, political extremism, anti-American terrorism, and wider warfare is now essentially unknowable, although the stage has been recklessly arranged so that these developments seem more likely to occur than earlier, and if they do, will be treated as outcomes of Trump’s faulty diplomacy.

 

What is already evident on the basis of the decision itself is the severe damage done to the global and regional leadership reputation of the United States. As well, the authority of the United Nations has been shown to be no match for geopolitical resolve, and international law and world public opinion have been pushed aside. For the Trump presidency the special relationship with Israel has been enlarged beyond previous outer limits and the part of the Trump base that wanted these policies has been appeased for the moment. Prospects for a diplomacy based on the equality of rights of Palestinians and Israelis have been reduced to zero, and thus no just end of the Palestinian ordeal can be foreseen. Overall, it is not a pleasant balance sheet of gains and losses if evaluated from the perspective of American grand strategy in the Middle East, and if the wider regional setting of Iran’s spreading influence is taken into account, the situation looks even worse.

Balfour: Then and Now

2 Nov

 

 

Today, November 2, is exactly 100 years after the issuance of the Balfour Declaration, the pledge given to the World Zionist Movement in a letter signed by the British Foreign Secretary to support the establishment of a ‘national home’ in the then Ottoman millet of Palestine. Certainly ‘a day of infamy’ for the Palestinian people and their friends around the world, while unfortunately treated as ‘a day of pride’ by the British Government, and all in the West those morally bankrupt enough to regret the passing of the colonial era, and to pretend without embarrassment that the Balfour legacy is something to celebrate, rather than to mourn, in the year 2017.

 

The British pledge was an unabashed expression of colonialist arrogance in 1917, ironically made at the dawn of the worldwide movement of national upheavals that would lead in the course of the century to the collapse of European colonialism. At the end of World War I colonialism was being increasingly questioned morally, but not yet challenged legally or politically. Such challenges only began to emerge as the struggles of national liberation gained political traction globally after 1945.

 

It is worth noticing that there was a certain amount of diplomatic pushback even in the post-1918 diplomacy, especially by way of Woodrow Wilson’s advocacy of ethnic ‘self-determination’ for the Ottoman held territories of the Middle East. More strongly in the same direction was Lenin’s radical critique of colonialism as a system of oppression that needed to be opposed and crushed wherever in the world it existed. This pushback did lead Britain and France to moderate their colonial ambitions as embodied in the Sykes-Picot Agreement of 1916, but these two unrepentant colonial powers still managed to gain essentially uncontested de facto control of political communities throughout the Middle East by way of the mandate system, which might be better understood as ‘tutelary colonialism.’

 

I am led to wonder whether if Wilson had had his way at Versailles in 1919 would the Balfour impact have been lessened with respect to the unfolding reality of Palestine? Presumably, Arab self-determination throughout the region would have drastically reduced the British and French role. Perhaps this European displacement would have been to an extent as to prompt a shift of Zionist energies away from Palestine, leading to a willingness to find a secure homeland somewhere that would be more receptive to the establishment of a Jewish state in their midst. This might have spelled a different tragedy for a different people than what has befallen the Palestinian people. Of course, ‘what might have been,’ is only of interest as a way of historically decoding the injustices that currently afflict oppressed and deprived peoples. We are helpless to change the past, although we can imagine unfolding in more benevolent ways. As much as the Palestinians, the Kurds throughout the region were fragmented and subjugated, and continue to this hour to struggle for some measure of ethnic autonomy, collective dignity, and self-determination. The Kurds were promised by World War I victors a state of their own situated mainly in present day Turkey and embodied in the Treaty of Sévres (1920). A few years later what was given was taken away, reflecting geopolitical moves that adapted to intervening political developments at the enduring expense of the Kurdish people. The main intervening event between the two treaties was the shocking Ataturk victory over European powers in Turkey, which helps understand why the Treaty of Lausanne (1923) abandoned the arrangements proposed at Sevres.

 

Reverting to reality, Britain became the mandatory administrator of Palestine in 1923, opening the country to the incremental realization of the Zionist agenda, which concentrated during the 1920s and 1930s on buying land from Palestinians that could be given to Jewish settlers, doing it all it could to induce Jews to emigrate to Palestine, and resorting to a terrorist campaign that was intended to make the British position in Palestine untenable. To make the whole Zionist undertaking credible ideologically, economically, and politically it was imperative to overcome the huge demographic imbalance that existed in Palestine during the early phases of the Zionist movement. It is instructive to recall that the Jewish presence in Palestine at the time of Balfour was no more than 5-7%. Such a small minority could not possibly succeed in establishing and dominating the government of a state that was to be ethnically oriented and yet democratic. Not a single Zionist expected the resident population to accept willingly such an outcome. Israel as a viable sanctuary for Jews escaping persecution necessarily depended on finding the right formula for combining armed struggle and political deception.

 

In this sense Balfour launched a project that was utopian from the Zionist point of view and dystopian from the Palestinian perspective. On the utopian side, establishing a Jewish state that could show a democratic face to the world seemed well beyond the horizon of feasibility. To attain the Zionist goal of a democratic Jewish state in Palestine ran directly counter to the anti-colonial historical tide in the 20th Century that swept away all in path elsewhere in the non-Western world. And then to overcome such a one-sided

demographic imbalance seemed a mission impossible no matter how much the Jewish diaspora was goaded into emigrating to Israel.

 

On the dystopian side as experienced by the Palestinians, the nakba dispossession and expulsion of about 750,000 Palestinians, reinforced by discriminatory immigration policy, rigid security policies, and by Zionist expansionism that continues to this day has inflicted a tragic destiny upon the Palestinian people. This kind of ethnic restructuring also was coupled with the legitimation of a settler colonial state, including by the United Nations, at a historical moment when colonialism was entering its sunset phase and the UN was supposed to reflect the moral will of the organized global community. This outcome was permanently disillusioned for the Palestinians, and involves a cruel and paradoxical twist to the long Palestinian ordeal.

 

As an American terrified by Trump and Trumpism I cannot refrain from noting the analogies with the efforts of this leadership to airbrush the Confederate past of the United States, featuring slavery, with broad strokes of moral relativism. Trump’s outrageous assertion that there were good people on the white supremacist side of the Charlottesville demonstrations and General John Kelly’s more recent obtuse contention that the American Civil War resulted from the failure of the two sides (North and South) to strike a compromise, as if a compromise with slavery was a preferred option. A rejection of this kind of high profile posturing is not only a matter of political correctness, it is much more a matter of elemental moral sensitivity and political vigilance then and now.

 

Without letting Britain off the Balfour hook, the main international culprits since 1945 are surely the United States and the UN, jointly and separately failing to produce a sustainable and just peace for both peoples. At this time such a peace will not be achieved by continued recourse to the two-state solution that with each passing Israeli settlement expansion becomes, at best, an empty slogan, and more realistically, a way of changing the conversation to avoid considering the step that alone could bring peace to both peoples: ending the apartheid structures that have fragmented, subjugated, and victimized the Palestinian people ever since the state of Israel was proclaimed in 1948. Until Israel is persuaded to dismantle its apartheid regime (as the racist South African regime was a decade earlier), peace diplomacy is bound to be a farce that does more harm than good. If this more realistic appreciation of the preconditions for peace between Palestinians and Israelis were to begin emerging on this day of remembrance, the Balfour century could at least claim to end on a more hopeful note than it began.

The One and Only Path to Palestine/Israel Sustainable Peace

12 Oct

[Prefatory Note: This post is a slightly modified version of my presentation to the Human Rights Commission of the Italian Parliament on October 11, 2017. The Commission is composed of members of Parliament, and chaired by Hon. Pia Elda Locatelli, representing the city of Bergamo. The presentation was followed by a discussion, and a generally favorable response on the central issue of switching from an emphasis on ‘occupation’ to ‘apartheid.’ To access the Report use this link<https://www.scribd.com/document/342202460/Israeli-Practices-Toward-the-Palestinian-People-and-the-Question-of-Apartheid/>%5D

 

 An Overview of Present Realities

 

We meet at a difficult time from the perspective of the Palestinian people: several developments nationally, regionally, and internationally now deprive Palestinians of that glimmer of hope that comes from seeing light at the end of the tunnel; more fully appraised, the situation is not as bleak for Palestinians as the picture of their struggle being painted from a realistic perspective. A series of factors pointing in both directions can be identified, first to highlight the negative developments from a Palestinian perspective, and then to set forth several developments that are positive with regard to the Palestinian national movement aiming for decades to achieve a just and sustainable peace.

(1) the foreign policy priorities of regional and international political actors have increasingly shifted attention away from the Palestinian ordeal; developments internal to Israel have deliberately accentuated this inattention to Palestinian goals and rights; of special relevance in these regards are the ongoing wars and turmoil in Syria, Yemen, Libya, and Iraq, as well as deteriorating relations and rising tensions of the Iran/US relationship; the moves toward normalization of relations with Israel by the Gulf countries, especially Saudi Arabia; and the unsteady diplomatic approach of the Trump presidency that seems accurately interpreted as supportive of whatever the Israeli government chooses to do, including even accelerated settlement expansion and a rejection of the Palestinian right of self-determination;

(2) Israel and Zionist support groups have launched a variety of initiatives designed to convince the Palestinians that they have been defeated, that their struggle is essentially futile at this stage, and they should move on for their own sake, overtly renouncing their struggle and posture of resistance; the pro-Zionist Middle East Forum, founded by Daniel Pipes has even sponsored a so-called ‘victory caucus’ that basically proclaims an Israeli victory as a way of demoralizing Palestinian activism and global solidarity efforts by treating Palestinian goals as a lost cause;

(3) accelerated Israeli settlement expansion without any adverse pushback from Europe or North America, a development that can be regarded as hammering the final nails into the coffin of ‘the two state solution;’

(4) the widespread recognition that more than 20 years of diplomatic effort within the Oslo framework failed miserably, with the Palestinians paying a heavy price in territory and credibility for engaging so avidly in a diplomatic process so heavily weighted against them; Oslo’s failure permitted Israel to encroach on Occupied Palestinian Territory in a variety of unlawful ways including especially extending the settlement archipelago, illegally building the separation wall on Palestinian occupied territory, and manipulating the ethnic balance in Jerusalem to make the city as a whole more Jewish;

(5) confronting a crisis of viability in Gaza, of both a material and psychopolitical character; not only continuing a decade long blockade that itself amounts to a crime against humanity, but stifling the dreams of young talented Gazans who against all odds have earned foreign fellowships and then are either denied exit permits or entry visas to carry on their studies abroad; this kind of acute frustration, long experienced by Gazans in many forms, is contributing to a new turn among Palestinian youth, who increasingly want to leave Gaza and pursue a more normal life for themselves and their families rather than remain under conditions of virtual captivity to resist and carry on the struggle for empowerment and liberation.

 

Despite all these considerations, there are aspects of the situation, often overlooked in mainstream media, which seem favorable to the Palestinian struggle:

(1) the morale boost that resulted from prevailing in the recent Al Aqsa confrontation concerning control of security arrangements at this site sacred for all Muslims, not just for Palestinians who are Muslim;

(2) a more serious renewal of efforts to bring unity to the relationship between Palestinian political tendencies, especially Fatah and Hamas;

(3) the growing global support for the BDS Campaign, achieving some high visibility successes prompting corporate disengagements from commercial projects related to unlawful Israeli settlements—G4S, Viola; and persuading some high visibility cultural figures not to perform in Israel—Pink Floyd

(4) Palestine is definitely winning the Legitimacy War waged to build stronger and more activist support from international public opinion; such support has been understood as far back as Gandhi as capable of neutralizing the superior military capabilities of a foreign political actor; throughout the decolonization era, the political outcome of struggles for control of state power were eventually won by the party on the right side of history, not as in the 19th Century by the party enjoying military superiority, which in the second half of the 20th century continued to make colonized people suffer greatly, but no longer able to impose their political will; Zionist/Israeli reaction to this set of developments relating to legitimacy has been to shift the conversation about Israel/Palestine relations from the defense of Israeli practices and policies and away from the substance of Palestinian grievances and rights to mount an attack on the motives of those criticizing Israel’s policies and practices, alleging that Israel’s critics are motivated by anti-Semitism, a smear tactic that also is encroaching on academic freedom, but exposing the weakness of Israel’s position on the merits. Internally, the Israeli public discourse is much more focused on the opportunity of fulfilling the maximalist Zionist goal of incorporating the whole of ‘the promised land’ of biblical Israel into the modern state of Israel;

(5) It is my judgment that the biggest development favorable to the Palestinians has been a shift in the public discourse and the articulation of Palestinian demands of peace and solidarity activists from the slogan ‘End the Occupation’ to a clarion call to ‘End Apartheid.’ This shift has been recently legally validated by a UN-sponsored academic study of whether the claim that Israel is an apartheid state stands up to scholarly scrutiny.

 

 

 

The ESCWA Report

 

The UN Report of the Economic and Social Commission for West Asia (ESCWA) entitled “Israeli Practices and the Question of Apartheid” issued a few months ago, and co-authored by myself and Virginia Tilley, a renowned world expert on apartheid and a political scientist on the faculty of the University of Southern Illinois. ESCWA is a regional commission of the UN composed of 18 Arab states, with headquarters in Beirut. The Report was requested by the member states, and we were invited to prepare the report in accordance with academic standards by the Secretariat of ESCWA. The Report was never intended to become an official UN document, but rather the presentation of the views of two scholars with a background presumed relevant for the preparation of such a study:

–the issuance of the report had two immediate effects: first, it immediately became the most widely read and requested report in the history of ESCWA, and secondly, it produced a firestorm at the UN due to harsh criticisms by the U.S. and Israeli representatives who demanded that the Report be formally repudiated, attacking its authors, and insisting that the UN take prompt action or face the defunding consequences;

–the new UN Secretary General, Antonio Gutterez, dutifully responded by instructing ESCWA to remove the Report from its website; the director of ESCWA, Rima Khalaf, refused to follow such an order, believing in the contents and propriety of the Report; in the end she chose to resign rather than submit to UN censorship, explaining her position in an Open Letter to the SG;

–at this point it is not clear what the status of the Report is within the UN System; it has not been officially repudiated, and in fact the 18 foreign ministers representing the members of ESCWA endorsed the conclusions and recommendations of the Report, and urged their acceptance within the UN; I have no idea as to whether such a response will have any impact;

–as indicated the Report was an academic study, although of an admittedly controversial character; prior to its release, the Report was anonymously vetted by three world class scholars each of whom strongly recommended publication; as well, the report contained a disclaimer that stated that the recommendations and conclusions of the Report were those of the authors alone and did not represent the opinions of the UN or ESCWA; and in fact, the Report has to date received no substantive criticism from those who mounted the UN attack or otherwise; it was a pure show of geopolitical leverage that exposed the weakness of international law and the fragility of open discussion of sensitive issues at the UN;

–it is my judgment that the Report is significant for three distinct reasons:

         <(1) The Report considers whether the allegation of Israeli apartheid is backed by sufficient evidence and persuasive legal reasoning in relation not just to the West Bank, as has been frequently alleged in the past, but in relation to the Palestinian people as a whole; such an inquiry means that if apartheid is declared to exist it applies to Palestinians living in Jerusalem, as a minority in Israel, and in refugee camps in neighboring countries as well as to Palestinians living in occupied Palestine or as involuntary exiles throughout the world; the central legal finding is that Israel has established an integrated matrix of control over the Palestinian people as a people so as to maintain the Israeli state as ‘a Jewish state’ in the face of continuous Palestinian resistance for the entire period of Israel’s existence;

         <(2) The Report reaches its conclusions by relying on scholarly methods of analysis, and by examining and interpreting the evidence of Israeli policies and practices in relation to the relevant norms of international law as contained in the 1973 International Apartheid Convention. The essential finding we reached was that Israel intentionally and continuously was responsible for ‘inhuman acts’ as the means by which to subjugate the Palestinian people as a subordinated ‘race.’ This enabled Israel to govern in a discriminatory fashion as ‘a Jewish state;’ in our judgment the Palestinian people were deliberately fragmented so as to facilitate the maintenance of control over a resisting, initially majority non-Jewish population; this ambition to control Palestine was complicated by the additional Zionist objective of seeking to be and be seen as ‘a democratic state;’ such an objective, given the demographic imbalance, virtually necessitated at the inception of Israel as a state, the expulsion of several hundred thousand Palestinians and the destruction of hundreds of Palestinian villages to discourage any prospect of Palestinians returning after the war to reclaim their places of residence and way of life; such exclusion was seen as vital if Israel was to achieve and maintain a Jewish majority population within its borders; the Zionist puzzle, tragic for both peoples, was that only apartheid structures could provide a solution to this three-sided challenge—that is, establishing Israel as simultaneously Jewish, democratic, and hegemonic;

         <(3) this Report has been widely used since its publication, and especially to provide political support and intellectual guidance mandating a civil society shift in tactics and commentary from a focus on ‘ending occupation’ to ‘ending apartheid;’ in my view, this is a crucial and timely shift as international law and the UN had been long ignored by Israel, diplomacy and armed struggle had been tried futile and utterly failed, and Palestinian leadership, such as it is, has faced both a series of stone walls and the humiliation of the notorious separation wall declared contrary to international law by 14 of 15 judges of the International Court of Justice. In effect, there is no serious alternative for Palestinians (and even Israelis) committed to a peaceful future than to rid the Israeli/Palestinian relationship of its present apartheid character.

 

 

Clearing the One and Only Path to a Just and Sustainable Peace

–peace between these two peoples can only be achieved by a credible acknowledgement of their equality of rights with respect to national self-determination; the apartheid structures that currently subjugates Palestinians epitomizes a relationship of inequality; the core obstacle to peace is apartheid, and once this obstacle is removed a productive diplomacy will become possible so long as it proceeds at all stages on the basis equality, keeping in mind that Oslo diplomacy collapsed because it encoded inequality into every aspect of its framework (U.S. as intermediary, excluding international law) and by adopting a bargaining process that favored Israel due to disparities in power and influence;

<the overriding political challenge is how to clear this path to peace, given Israeli firm control and resistance to even the acknowledgement of apartheid as descriptive of the current relationship between the two peoples; Israeli apartheid cannot be ended without a reformulation of Zionist goals; Israel must be persuaded to become content with an existence within a secular state hosting a Jewish homeland; such an altered stance would require abandoning the insistence on being a Jewish state; such a downsizing of Zionist objectives would actually be consistent with the scope of the original British pledge as set forth in the ultra-colonialist Balfour Declaration (recent archival research evidently establishes that a Jewish homeland was actually the longer term intention of Lord Alfred Balfour, as if this matters a century later); Israeli apartheid will not be dismantled until there is significant further growth of the Palestinian global solidarity movement, including the backing of some governments, especially several key governments in the global South; there would need to be sufficient, sustained global pressure to induce Israeli leaders and citizens to recalculate their interests, leading enough to decide to base their future on cooperation and coexistence with the Palestinians rather than their domination and exploitation; at this point, such an outcome seems unlikely and even utopian, but history has a strange way of staging dramatic surprises, and in such cases where an abrupt reversal of policy takes places, it will be only be admitted as a possibility after it has already been decided upon;

<The South African ending of apartheid was precisely such a surprise; it was totally unexpected in the 1990s that the combination of African resistance and the global anti-apartheid campaign would produce a peaceful transition to a multi-racial constitutional democracy presided over by Nelson Mandela, who until his release was serving a long-term prison sentence as an alleged terrorist; what changed so abruptly in South Africa was not the moral stance of the white elite that had invented and cruelly imposed the apartheid structure as a supposedly permanent solution to race relations in the country, but rather a cold recalculation of interests, and especially a comparison of the balance of advantages and disadvantages of continuing to exist as a pariah state in the world and abandoning apartheid, thereby risking African governance and possible retaliation, yet by so risking, taking a course that would alone restore the international legitimacy of the South African state;

<Of course, there are many differences in the Israeli situation, including Israel’s disavowal of apartheid as relevant to its management of the relationship between the two peoples, as well as Israel’s considerable success in avoiding pariah status within the international community through the practice of sophisticated diplomacy and public relations, backed by an aggressive arms sales program, and above all, by being the beneficiary of the geopolitical muscle of the U.S., as well as enjoying the quieter support of Europe;

<By adopting the apartheid paradigm as descriptive of the Palestinian situation it becomes possible to align civil society activism with international law, and even more important, encouraging the Palestinian national movement to concentrate its efforts on the one and only path that could produce an acceptable peace agreement. Any other approach seems doomed to some kind of appalling continuation of the present oppressive daily circumstances that has been fate of the Palestinian people for far too long. We should all reflect on the excruciating reality that this is the 50th anniversary of the Occupation and the 70th year in which Palestinians and their descendants have lived as refugees. No people should be compelled to endure such a fate.

 

 

Conclusion

 

It requires no great wisdom to observe that the future is a black box. We know that achieving peace and justice for these two peoples will require a lengthy struggle that needs to place its trust in ‘a politics of impossibility,’ or as the poet W.H. Auden once put it: “We who are about to die demand a miracle.” And while awaiting such a political miracle, we should accept our human responsibility to aid and abet the Palestinian struggle for rights, self-determination, and a just peace. The attainment of such goals would also inevitably reshape the destiny of Israeli Jews toward a more humanistic and benevolent future.

Apartheid and the Future of Israel/Palestine

20 Sep

 

[Prefatory Note: There has been lots of discussion prompted by the release of a report jointly authored with Prof. Virginia Tilley, a study commissioned by the UN Economic and Social Commission for West Asia (ESCWA), and given by us the title, “Israeli Practices towards the Palestinian People and the Question of Apartheid.” The interview, associated with my current visit to Belgium and France to speak on various aspects of the analysis and implications of the report, brings up to date the controversy generated at the UN by its release a few months ago, and by the willingness of the UN Secretary General to bow to U.S. pressure and order the removal of the report from ESCWA website. The interview questions were posed by veteran Middle East correspondent, Pierre Barbancey, and published in l’Humanité, Sept. 6, 2017.]

 

 

 

1 YOU HAVE PUBLISHED A REPORT: WHO ASKS FOR THAT AND WHY?

 

The Report was commissioned by the UN Economic and Social Commission for West Asia in 2016 at the request of its Council, which has a membership of 18 Arab states. Professor Virginia Tilley and I were offered a contract to prepare a report on the applicability of the crime of apartheid to the manner in which Israeli policies and practices affected the Palestinian people as a whole, and not as in previous discussions of the applicability of apartheid, only to those Palestinians living since 1967 under Israeli occupation. The originality of the Report is to extend the notion of apartheid beyond the Occupied Palestinian Territories, and investigate its applicability to Palestinians living in refugee camps in neighboring countries, to those Palestinians enduring involuntary exile abroad, and to those existing as a discriminated minority in Israel.

 

2) What are the conclusions of the ESCWA Report?

 

The most important conclusion of the Report was that by careful consideration of the relevant evidence, Israel is guilty of the crime of apartheid as defined in the 1976 International Convention on the Suppression and Punishment of the Crime of Apartheid with regard to the Palestinian PEOPLE AS A WHOLE, that is, Palestinians living under occupation as refugee and in involuntary exile, and as a minority in Israel are all victimized by the overriding crime. The Report also found that Jews and Palestinians both qualify as a ‘race’ as the term is used in the Convention, and that Israel to sustain a Jewish state established by ‘inhuman acts’ a structure of oppressive and discriminatory domination by which the Palestinians were victimized as a people.

 

A second conclusion of importance is that the Rome Statute governing the International Criminal Court considers apartheid to be one type of ‘crime against humanity,’ which does not necessarily exhibit the same features as pertained to the apartheid regime in South Africa, the origin of the concept and crime, but not a template for its subsequent commission.

 

A third conclusion is that given the existence of apartheid, sustained to maintain a Jewish state in Palestine, all sovereign states, the UN, and civil society all have a legally grounded responsibility to take all reasonable steps of a nonviolent character to bring the commission of the crime to an end.

 

A fourth conclusion is that the Report is an academic study that draws conclusions and offers recommendation on the basis of a legal analysis, but it is not a duly constituted legal body empowered to make formal findings with respect to the allegations that Israel is guilty of apartheid.

 

 

 

3) WHAT WAS THE REACTIONS?

 

We experienced two contradictory sets of reactions.

 

From ESCWA the report was received with enthusiasm. We were told it was the most important report that ESCWA had ever published, with by far the largest number of requests for copies.

 

At the UN, the report and its authors were strongly attacked by the diplomatic representatives of the United States and Israel, with the demand the UN acted to repudiate the report. The Secretary General instructed the Director of ESCWA to remove the report from its website, and when she refusing, she tendered her principled resignation explained in an Open Letter to the Secretary General. It should be appreciated that this was an academic report of international law experts, and never claimed to be an official reflection of UN views. A disclaimer at the outset of the Report made this clear.

 

4) WHAT HAPPENED NOW WITH THE REPORT?

 

The status of the report within ESCWA is not clear. As far as I know the report itself has not been repudiated by ESCWA. In fact, it has been endorsed in a formal decision of the 18 foreign ministers of the ESCWA countries, including a recommendation to other organs of the UN System that the findings and recommendations of the Report be respected. Beyond this, the report has altered the discourse in civil society and to some extent, in diplomatic settings, making the terminology of ‘apartheid’ increasingly displace the emphasis on ‘occupation.’

 

 

5) ISRAEL SAYS THAT THE BDS MOVEMENT IS ANTI-SEMITIC. WHAT IS YOUR ANSWER?

 

This is an inappropriate and even absurd allegation. The BDS Campaign is directed against Israeli policies and practices that violate international law and cause great suffering to be inflicted on the Palestinian people. It has nothing whatsoever to do with hostility to Jews as persons or as a people. The allegation is clearly designed to discredit BDS and to discourage persons from lending it support or participating in its activities. It is an unfortunate and irresponsible use of the ‘anti-Semitic’ label designed to manipulate public opinion and government policy, and inhibit activism.

 

6) IN FRANCE YOU CAN BE PUT IN COURT IF YOU ACT FOR BDS, LIKE A CRIME. DO YOU HAVE ANY KNOWLEDGE OF SIMILAR SITUTIONS IN OTHER COUNTRIES?

 

I know there have been efforts in Europe and North America to criminalize support for BDS, but so far as I know, no formal laws have yet been brought into existence, and no indictments or prosecutions, outside of Israel and France, have taken place. I am not entire clear as to what has happened in Israel along these lines, although I know that Israel has been denying BDS supporters from abroad entry into the country.

 

7) WHAT IS YOUR EXPERIENCE AS SPECIAL REPORTEUR OF THE UNITED NATIONS IN THE PALESTINIAN TERRITORIES AND IN ISRAEL?

 

My experience as UN Special Rapporteur in Occupied Palestine on behalf of the Human Rights Council was both frustrating and fulfilling. It was frustrating because during my six years as SR the situation on the ground and diplomatically worsened for the Palestinian people despite the documented record of Israeli human rights abuses. It was fulfilling because it enabled a forthright presentation of Israeli violations of basic Palestinian rights, which had some influence on the discourse within the UN, building support for corporate responsibility in relation to commercial dealing with Israel’s unlawful settlements on the West Bank and East Jerusalem as well as shifted some of the discourse within the UN from ‘occupation’ to ‘settler colonialism’ and ‘apartheid.’

 

It was also something of a personal ordeal as I was constantly subject to defamatory attacks by UN Watch and other ultra Zionist NGOs and their supporters, also organizing efforts to have me dismissed from my UN position and barred from lecturing on university campuses around the world. Fortunately, these efforts failed by and large, but they did have the intended effect of shifting the conversation from substance to auspices, from the message to messenger.

7) 70 YEARS AFTER THE DIVISION OF PALESTINE BY THE UNITED NATIONS  HOW DO YOU SEE THAT DECISION?

 

The1947 partition resolution [GA Res. 181] was part of the exit strategy of the British colonial administration in the mandate period that controlled Palestine after the collapse of the Ottoman Empire at the conclusion of World War I. This approach was flawed in several basic respects: it neglected the will of the majority Arab and non-Jewish domestic population, and imposed a solution to the conflict without consulting the inhabitants; it also within its own terms failed to secure Palestinian rights or its sovereign political community, or even to uphold international humanitarian law. The UN never effectively implemented partition, and thus gave Israel the de facto discretion to impose its will on the entire territory of Palestine, including the expulsion of 750,000 Palestinians in the 1947 War, which overcame the demographic imbalance, and allowed itself to be branded to this day as ‘a democracy,’ even being hailed as ‘the only democracy in the Middle East.’ The US and Europe played a crucial geopolitical role in producing these developments, which rested on an Orientalist mentality lingering in the West.

8) IS THERE A SOLUTION FOR THE PALESTINIAN TO RECOVER THEIR RIGHTS AND TO LIVE IN THEIR OWN STATE?

 

It is difficult to envision the future at this stage, yet it is clear that the Palestinian national struggle is continuing both in the form of Palestinian resistance activities and by way of the international solidarity movement, of which the BDS Campaign is

by far the most important undertaking. In my judgment until there is exerted enough pressure on the Israeli government to change course drastically, signaled by a willingness to dismantle the laws and procedures associated with the current apartheid regime used to subjugate the Palestinian people, there is no genuine prospect for a political solution to the conflict. Such a change of course in South Africa occurred, against all expectations at home and abroad, and partly in response to pressures generated by this earlier version of an international BDS campaign. My hope is that as the Palestinian people continue to win the ongoing Legitimacy War, this pattern will eventually be repeated, leading after a prolonged struggle to a sustainable peace between these two peoples based on the cardinal principle of equality. This will not happen, tragically, until there is much suffering endured, especially by Palestinians living under occupation, in refugee camps and involuntary exile, and as a discriminated minority within Israel. This Palestinian ordeal has gone on far too long. Its origins can be traced back at least a century ago when in an undisguised colonial gesture of the British Foreign Office pledged its support for the establishment of a Jewish homeland in historic Palestine to the World Zionist Movement in the form of the Balfour Declaration (1917). The competing national narratives of what transpired over the subsequent century tell different stories, each with an authentic base of support in the relevant community, but only the Palestine narrative can gain present comfort from the guidelines of international law, above all, the inalienable right of self-determination

 

 

Evolving International Law, Political Realism, and the Illusions of Diplomacy

21 Aug

 

 

International law is mainly supportive of Palestinian grievances with respect to Israel, as well as offering both Israelis and Palestinians a reliable marker as to how these two peoples could live normally together in the future if the appropriate political will existed on both sides to reach a sustainable peace. International law is also helpful in clarifying the evolution of the Palestinian struggle for self-determination over the course of the last hundred years. It is clarifying to realize how the law itself has evolved during this past century in ways that bear on our sense of right and wrong in the current phase of the struggle. Yet at the same time, as the Palestinians have painfully learned, to have international law clearly on your side is not the end of the story. The politics of effective control often cruelly override moral and legal norms that stand in its way, and this is what has happened over the course of the last hundred years with no end in sight.

 

 

The Relevance of History

 

2017 is the anniversary of three crucial milestones in this narrative: (1) the issuance of the Balfour Declaration by the British Foreign Secretary a hundred years ago pledging support to the World Zionist Movement in their campaign to establish a homeland for the Jewish people in Palestine; (2) the passage of UN General Assembly Resolution 181 seventy years ago proposing the partition of Palestine between the two peoples along with the internationalization of the city of Jerusalem as a proposed political compromise between Arabs and Jews; and (3) the Israel military occupation of the West Bank, East Jerusalem, and the Gaza Strip over fifty years ago after the 1967 War.

 

Each of these milestones represents a major development in the underlying struggle. Each combines an Israeli disregard of international law the result of which is to inflict major injustices on the Palestinian people. Without due regard for this past, it will not be possible to understand the present encounters between Israelis and Palestinians or to shape a future beneficial for both peoples that must take due account of the past without ignoring the realities of the present.

 

Israel is sophisticated about its use of international law, invoking it vigorously to support its claims to act in ways often motivated by territorial ambitions and national security goals, while readily evading or defying international law when the constraints of its rules interfere with the pursuit of high priority national goals, especially policies of continuous territorial encroachment at the expense of reasonable Palestinian expectations and related legally entrenched rights.

 

To gain perspective, history is crucial, but not without some unexpected features. An illuminating fact that demonstrates the assertion is that when the British foreign office issued the Balfour Declaration in 1917 the population of Palestine was approximately 93% Arab, 7% Jewish in a total population estimated to be about 600,000. Another historical element that should not be forgotten is that after World War I there were a series of tensions about what to do with the territories formerly governed by the Ottoman Empire. In the background was the British double cross of Arab nationalism, promising Arab leaders a single encompassing Arab state in the Ottoman territories if they joined in the fight against Germany and its allies in World War I, which they did. Palestine was one of these former Ottoman territories that should have received independence within a unified ‘Arabia,’ which almost certainly would have led to a different unfolding over the course of the last century in the region.

 

As European greedy colonial powers, Great Britain and France ignored commitments to contrary, and pursued ambitions to control the Middle East by dividing up these Ottoman imperial possessions, making them colonies of their own. These plans had to yield to friction that resulted from United States Government support of the ideas of Woodrow Wilson to grant independence to the Ottoman territories by applying the then innovative and limited idea of self-determination. It should be appreciated that Wilson was not opposed to colonialism per se, but only to the extension of European colonizing ambitions to fallen empires. In this same period, however, two other anti-colonial forces were simmering, the Leninist version of self-determination the core of which was anti-colonialism and the rise of movements of national resistance throughout Asia and Africa.

 

In the end, the diplomats at Versailles negotiated a slippery compromise in the form of the Mandate System. The European colonial powers were authorized to administer various Middle Eastern territories as they wished, not as colonial masters, but by assuming the role of trustee acting on behalf of the organized international community as represented by the League of Nations. Unlike such an arrangement in the contemporary world, the rejection of self-determination and the subjection of a foreign country to this form of mandatory tutelage was not then perceived to be a violation of international law, although it was widely criticized in progressive political circles as imprudent politically and questionable morally.

 

The British were particularly eager to govern Palestine, and eagerly accepted their role as mandatory authority. Their imperial interests revolved around the protection of the Suez Canal and overland trade routes to India. As was their colonial practice, Britain pursued a divide and rule strategy in Palestine despite its mandatory status. With this governing perspective in mind the British were eager at the outset of the mandate in the 1920s to increase the Jewish presence in Israel as quickly as possible so as to create a better balance with the native Arab majority population. This, of coincided with Zionist priorities, and led Britain to endorse strongly the Zionist project of encouraging Jewish immigration to Palestine. This dynamic greatly accelerated in the 1930s, especially after the Nazis took over the German government. In reaction to this influx of Jews, the Arab population in Palestine became increasingly restive, worried by and hostile to this rapid increase in the size of the Jewish and viewed with growing alarm increasingly manifest Zionist state-building aspirations, which gave rise to the so-called Arab Uprising of 1936-39. It should be understood that when it became clear that the Zionists wanted their homeland to be in the form of a Jewish state in Palestine it produced a qualitative escalation of friction between immigrant Jews and indigenous Arabs.

 

This circumstance led in two directions that illuminate the evolution of the conflict. First of all, the Palestinians felt threatened in their homeland in a period of their own rising nationalism, a process evident throughout the non-Western world, and sought political independence for themselves but lacked adequate leadership and a resistance movement with sufficient military skills to bring it about. Secondly, the Zionist movement in Israel by manifested its contrary ambitions to establish its own independent state in Palestine increasingly were in conflict with Britain, their earlier benefactor. To achieve their goals the Zionist movement, or more accurately, the more radical sections of the movement, launched a sustained and intensifying terrorist campaign that had the strategic goal of raising the costs of governance of Palestine past the tipping point. When this goal was achieved it led Britain to contemplate alternatives to a continuation of their role as administrator of the Mandate.

 

As is the British tendency whenever stymied by a large bump in the road, a royal commission is formed and given the job of devising a solution. The commission became known as the Peel Commission, in recognition of its Chair, Lord Earl Peel, which was appointed to assess the situation in 1937. As also was the British tendency after conducting a comprehensive inquiry, the principal and unsurprising recommendation of the commission was partition of Palestine. It is this idea of dividing up the people of Palestine on the basis of ethnic identity that continues to be the preferred solution of the international community, commonly known as ‘the two-state solution,’ and was eventually accepted by the Palestinian Liberation Organization in 1988, seemingly creating the essential common ground that could produce a territorial compromise acceptable to both peoples. It is helpful to realize that at some point in the 20th century such a solution dictated by an external actor lacked legitimacy even if sincerely seeking the wellbeing of the affected peoples, a presumption of good will that was not itself strong in the case of Britain given its past broken promises to Arab leaders. For partition to be legitimate by the time of World War II it would have required some formal expression of approval from the Palestinian population or its recognized representatives. Such approval would not have been forthcoming. Even at the end of World War II the Jewish population of Palestine was definitely a minority, and there is every indication that the non-Jewish majority population would have overwhelmingly opposed both partition and the establishment of a Jewish state. There was also present significant Jewish opposition to the Zionist project that is rarely acknowledged; its extent although non-trivial, is difficult to estimate with any reliability.

 

Nevertheless, with the notable exception of the Arab world, was the near universal acceptance of the two-state solution has it never materialized? There have been numerous diplomatic initiatives up until the present, and yet this two-state outcome has never come close to becoming a reality. Why is this? It is one among several seemingly mystifying dimensions of the Israel/Palestine encounter.

 

I would venture a central line of explanation. The main leaders of the Zionist movement before and after the establishment of the state of Israel in 1948 never subjectively accepted the two-state approach, at least with the parameters understood in Washington, the West, and among Palestinian leaders. Although Israeli political leaders blandly indicated their acceptance of a two-state approach if it meant real peace, the territorial dimensions and curtailed sovereignty of any Palestine state that was to be agreed upon were never set forth in terms that Palestinians could be expected to accept.

 

In this respect, it is necessary to appreciate that both the right of a people to self-determination had become incorporated into international law, most authoritatively in common Article 1 of the two human rights covenants adopted in1966, and that colonialist patterns of foreign rule and settlement had become unlawful in the decades following World War II. A central historical paradox is that Israel successfully established itself as independent state, almost immediately admitted to the UN, in the very historical period during which European colonialism was collapsing throughout the world, and losing any claim to political legitimacy.

 

Israel defied these transforming international developments in several concrete and unmistakable ways. Although at the time of the UN General Resolution 181 recommending partition of Palestine, the resident population was not consulted as to their wishes for the future despite the fact that the Jewish population in 1947, even with the post-Holocaust immigration surge, still numbered no more than 30% of the total. The ‘solution’ imposed by the UN, and ‘accepted’ by Israel as a tactical step on the path to control over all or most of Palestine and rejected by the Arab world and Palestinian leaders, amounted to an existential denial of inalienable Palestinian rights at the time. Undoubtedly moral factors played a decisive role, ranging from sympathy for Holocaust survivors to compensating for the failures of the liberal democracies to do more to prevent the Nazi genocide, but these powerful humanitarian considerations do not provide a legal justification for disregarding the rights of the Palestinian people protected by international law, or even a moral justification. After all, the harm inflicted upon Jews as a people was essentially a European phenomenon, so why should the Arabs of Palestine bear the burdens associated with creating a Jewish national sanctuary. Of course, the Zionist answer rests the claims to Palestine on its status as ‘the promised land’ of the Jewish people, an historical/religious claim that has no purchase in state-centric world order that allocates territorial claims on the basis of sovereign rights and effective control. From the perspective of political realism the strongest basis for Jewish territorial rights in Palestine has always rested on effective control established by successful military operations.

 

Nor did international law uphold the acceptance of the later outcome of the 1948 war in which Jewish forces increased their effective territorial sovereignty from the 55% proposed by the UN to 78% obtained by success in the war, which also resulted in the permanent dispossession of over 700,000 Palestinians and the deliberate destruction of as many as 531 Palestinian villages to ensure that coercive dynamic of ethnic cleansing was not later reversed. The armistice at the end of the 1948 War became internationally accepted, demarcating provisional borders between the two peoples, known as the ‘green line,’ and also separating the military forces at the end of the 1948 War. These provisional borders became the new negotiating baseline to be relied upon to establish agreed permanent boundaries. This enlargement of the territory assigned to Israel in 1948 directly violated one of the prime rules of contemporary international law, the non-acquisition of territory by conquest or use of force. In effect, the politics of effective control was to apply only intranationally, but not internationally.

 

The 1967 War resulted in Israel replacing Jordan as the administering authority in the West Bank and East Jerusalem, and Egypt in the Gaza Strip, as well as occupying the Syrian Golan Heights. At the UN Security Council unanimous Resolution 242 called upon Israel to withdraw from these territories, comprising 22% of the Palestine governed by Britain during the mandate period, and for a just resolution of the refugee problem. 242 carried forward the idea of ethnic separation contained in the UN partition solution, although without mentioning a Palestinian state. 242 also confirmed as authoritative the norm that territory could not be validly acquired under international law by forcible means. The resolution did envision a negotiated withdrawal and border adjustments to reflect Israeli security concerns, but it left the implementation up to the parties with no limits on reasonableness or duration. After 50 years, the various unlawful encroachments on what the UN calls Occupied Palestinian Territories, especially the annexation and enlargement of the entire city of Jerusalem and the establishment of an archipelago of Israel settlements and a related network of Israeli only roads, cast serious doubt on whether Israel ever had the intention to comply with the agreed core withdrawal provision of SC Resolution 242. With respect to Jerusalem Israel defiant unilateralism exhibited a rejection of the supposed compromise that was hoped by UN member would bring an end to the conflict. Israel has compounded its defiance by continuously undermining the stability of Palestinian residence in Jerusalem while engaging in a series of cleansing and settlement policies designed to give the city a higher Jewish demographic profile.

 

These three historical milestones call attention to two important aspects of the relevance of international law: first, what was acceptable under international law 100, 70, and 50 years ago is no longer acceptable in 2017; secondly, that Palestinian grievances with respect to international law need to be taken into account in any diplomatic solution of the conflict, above all the right of the Palestinian people to self-determination, which needs to realized in a context sensitive to the right of the Jewish people resident in historic Palestine. Although injustices and international law violations have shaped the unfolding of this contested country over the course of the last century, history can neither be ignored nor reversed. Giving proper effect to this double right of self-determination is the central challenge facing an authentic peace diplomacy. Thirdly, the entrenched presence of the Jewish population of Israel, and the state structures that have emerged, even if brought about by legally questionable means, are now part of the realistic status quo that needs to be addressed in a humane and politically sensitive manner.

 

 

The Politics of Effective Control

 

In this sense the historical wrongs endured by the Palestinian people, however tragic, do not predetermine the shape of a present outcome reflective of international law. A peaceful solution presupposes a diplomatic process that recognizes this right as inhering in the situation of both peoples. A mutually acceptable adjustment also does not imply either a two-state or one-state solution or something inbetween, or even an as yet unimagined alternative. Any legitimately agreed solution by the two peoples would be in accord with present day international law. How the historical experience is taken into account is up to the parties to determine, but unlike the Balfour Declaration or the UN partition proposal, in this post-colonial era it is unacceptable under international law for a solution to be imposed, whether by force or under the authority of the UN or by a third party intermediary such as the United States. Unfortunately, international law, and related considerations of justice, are not always determinative of political outcomes as effective control maintained over time generates a framework of control that becomes ‘legal’ if internationally recognized in an authoritative manner.

 

Geopolitical Dirty Dreams: Israel’s ‘Victory Caucus’

29 Jul

 

 

The word hubris is far too kind in describing Donald Trump’s approach to the Middle East cauldron of conflict, with his response to the Palestinian struggle being more revealing of his absurd braggadocio brand than of malice, although its impact is malicious. Insisting that he has the will and capacity to strike an Israel/Palestine deal while simultaneously intimating that he plans to fulfill his inflammatory campaign promise to move the U.S. Embassy to Jerusalem. Worse, he appoints David Friedman as ambassador, an ardent American supporter of settler extremists whose politics is to the right of Netanyahu on the Israeli spectrum. This bankruptcy lawyer turned diplomat has compared the liberal Zionists of J Street to the Nazi kapos (Jews who collaborated with Nazis in death camps). Here as elsewhere Trump’s errant behavior would prompt the darkest laughter if the blood of many innocents were not daily being spilled on the streets of Jerusalem, West Bank, and Gaza.

 

It seems likely that Trump, assuming against all reason and evidence that his presidency survives and settles down, will likely do what Netanyahu and his son in law tell him to do: leave Israel free to maintain, and as necessary, intensify its policies of oppression toward the Palestinian people as a whole that are cruelly subjugated beneath an overarching structure of apartheid. At the same time the U.S. Government will continue to give credence to the big lie that Israel is the only democracy in the Middle East. Israeli apartheid as an operative system of control, subjugates not only those Palestinians living under occupation but also extends its reach to refugees in neighboring countries, involuntary exiles around the world, and the discriminated minority living in Israel.

 

The main Trump assignment within the United States will likely be to lend full support to the Congressional and state-by-state pushback against the BDS campaign, slandering this nonviolent civil society movement of militant solidarity and human rights by castigating it as ‘the anti-Semitism of our time.’

 

On an international level Trump will be expected by Zionist forces to translate the UN-bashing of Nikki Haley into concrete reality by defunding any organ of the UN (e.g. Human Rights Council, UNESCO) that dares document and censure Israeli wrongdoing under international law. And regionally, Trump seems determined to champion the dangerous Saudi/Israel agenda of anti-Iran war mongering, a posture that threatens to convert the entire region into a war zone.

 

Trump’s clumsy touch was also evident during his much heralded May visit to Riyadh where he gave his blessings to the anti-Qatar, anti-Iran Gulf + Egypt coalitions headed by Saudi Arabia. The occasion offered the Saudis an opportunity to exert collective pressure on their tiny neighbor, insisting that Qatar curtain its sovereignty and endured a misguided hit for supposedly being the country most supportive of terrorism and extremism in the region. To lend American backing to such a hypocritical initiative is perverse and strange for several reasons obvious to almost anyone not totally oblivious to the rather blatant realities of the Middle East: Qatar is the site of the largest American military facility in the entire region, the Al Udeid Air Base, staffed by 11,000 U.S. military personnel, and serving as the counter-terrorist hub for regional military operations. Secondly, the obvious fact that Qatar’s slightly more open domestic political scene, including its sponsorship of Al Jazeera, was far closer to the supposed American political ideal than are the overtly anti-democratic governments ganging up against Qatar. And thirdly, as almost anyone following the rise of Islamic extremism knows, it is Saudi Arabia that has a long record of being the primary funding source, as well as providing much of the ideological inspiration and engaging in anti-democratic and sectarian interventions throughout the region. The Saudi government extends its baneful influence far afield by heavily subsidizing the madrassas in the Muslim countries of Asia, and doing its best to promote fundamentalist versions of Islam everywhere in the world.

 

Extreme as are these geopolitical missteps taken during Trump’s first few months in the White House, they are less calculated and more expressive of dysfunctional spontaneity than anything more malevolent, more bumbling than rumbling (with the notable exception of Iran). There is another more sinister civil society initiative underway that rests its claim to attention on a geopolitical fantasy that deserves notice and commentary. It is the brainchild of Daniel Pipes, the notorious founder of Campus Watch, an NGO doing its very best for many years to intimidate and, if possible, punish faculty members who are critical of Israel or appear friendly to Islam. Pipes is also the dominant figure in a strongly pro-Zionist, Islamophobic think tank in Washington misleadingly named the Middle East Forum (MEF). Much more an organ of hasbara musings on Israel/Palestine and promoter of hostility toward Islam than informed analysis and discussion, MEF is now fully behind an idea so absurd that it may gain political traction in today’s Washington. This MEF initiative is called Israel Victory Caucus in the U.S. Congress and Israeli Knesset.

 

In explaining the Victory Caucus Pipes at the opening of a recent hearing in the U.S. Congress to launch the project, now backed by 20 members of the House of Representatives, made an almost plausible introductory statement. Pipes told the assembled members of Congress that he had been for months racking his brain for what he called an “alternative to endless negotiations which nobody believes in.” Pipes is right to pronounce the Oslo diplomatic track a dead end with no future and a sorry past. His ‘Eureka Moment’ consisted of abandoning this failed diplomacy and replacing it by bringing Israel’s military superiority “to convince the Palestinian they have lost,” thereby awakening them to the true realities of the situation. In effect, this awareness of Israeli victory causing Palestinian defeat was the way to move forward, arguing that long wars can end only when one side wins, the other loses. Pipes personally made a parallel effort in Israel, including at the Knesset, being the lead performer in a conference in Tel Aviv dedicated to the ‘victory’ theme, and holding a highly publicized meeting with Netanyahu intending to promote the Victory Caucus. In effect, since the diplomatic track leads no where, and Israel possesses the capacity to increase Palestinian suffering at any stage, it should use this leverage to compel those representing Palestinian interests to face up to reality as Israel sees it. Part of the background is the self-serving insistence that the reason that diplomacy doesn’t work is because the Palestinians are unwilling to accept the permanent presence of a Jewish state in their midst, and until they do so, the war will go on. From this perspective, the diplomatic track could not get the Palestinians to yield in this manner, and so Israel should shift its efforts from persuasion to coercion, with the implicit false assumption that Israel was too nice in the past.

 

What Israel wants from the official representatives of the Palestinian people is a formal acknowledgement that their effort to prevent the establishment of a Jewish state in Palestine has failed, and that they should formally express their acceptance of this outcome, not only in international languages, but also in Arabic. Victory Caucus also expects the Palestinians to affirm officially a right of self-determination in Palestine that belongs to the Jewish people. Also, the Palestinians are advised to be ‘realistic,’ and drop their dreams of a right of return to be exercised by Palestinian refugees. [for explication of the Victory Caucus approach consult the website of Middle East Forum, especially the many articles and presentations by Daniel Pipes; also helpful is Efraim Inbar, “Victory Requires Patience,” July 19, 2017] Again, there is an implicit assumption that Israel has been realistic over the years despite ignoring the guidelines of international law relevant to ‘belligerent occupation,’ including prohibitions on collective punishment and population transfer/settlements.

 

Pipes is very clear that the implications of victory, what he terms the details, should be left to the Israelis to decide upon. With a turn of phrase that seems an extreme version of wishful thinking to make himself sound reasonable and less partisan, Pipes insists that once this central fact of an Israeli victory is accepted, it will “be more beneficial to the Palestinians” than the present road to nowhere. The fine print may be the most disturbing and consequential aspect of the Victory Caucus arising from its realization that whatever Zionists and their most ardent supporters know to be true is not what most Palestinians believe to be the case.

 

Thus, for the Pipes’ logic what needs to happen, is to make the Palestinians see this particular light, and given the MEF convenient (yet deeply misleading) view of Arab mentality, this awareness can only be brought about by raising the costs to the Palestinians of continuing their struggle. Efraim Inbar frames the present situation as follows: “The Palestinian reluctance to adopt realistic foreign policy goals and the Israeli hesitation to use its military superiority to exact a much higher cost from the Palestinians are the defining features of the Israeli-Palestinian conflict.” Although what would be realistic for the Palestinians is not specified, but from the context of the argument and overall Pipes’s outlook, it would be pretty much an acceptance of the entire Israeli agenda: the settlements, including their infrastructure of roads and the wall, retention of Galilee and Jordan Valley for security, and a unified Jerusalem under Israeli control that serves as its capital.

 

When Inbar premises his policy proposals on overcoming “Israeli hesitation to use its military superiority” to get the Palestinians to accept reality, one can only shudder at what this writer has in mind. Pipes assures his audience that whatever is done along these lines to convince the Palestinians should respect “legal, moral, and political limits” but by explicitly leaving it up to Israel to determine what this might mean, these limits lack all credibility, especially given Israel’s past behavior, which flagrantly and repeatedly ignores these limits in enacting policies that produced massive and acute suffering for the Palestinians over a period of decades. Against such a background I find these lines of MEF advocacy to be irresponsibly provocative in their formulation, and frightening if ever relied upon as the basis of action.

 

What is left out of this Pipes’ proposal seems far more significant than what is included. The justification for the Victory Caucus is based on a supposed posture of Palestinian rejectionism explains far less about the unfolding of the conflict over the course of the last hundred years than would referencing Zionist expansionism, combined with the salami tactics of always disguising more ambitious goals during the process of achieving their proximate objectives. In recent years, particularly, the Palestinian side has badly wanted a deal, signaling even their willingness to accept a bad deal, so as to end the occupation, and establish a state of their own. Any objective approach to this question of why the Oslo diplomacy reached a dead end would attribute the lion’s share of responsibility to the Israeli side with its practice of putting forward ever escalating demands that it knows in advance that the Palestinians must reject, not because they are unrealistic, but because Israel’s demands for ‘peace’ are the permanent subjugation of the Palestinian people.

 

Most disturbing of all is without doubt this image of Israeli hesitation to use the force at its disposal as if implying that Israel have been gentle occupiers and benign oppressors for these past 70 years since the UN proposed partition of Palestine. The evidence is overwhelming that Israel consistently relies on disproportionate excessive force, as well as collective punishment, in response any violent act of Palestinian resistance, and even to nonviolent Palestinian initiatives, for instance, the first intifada (1987), demonstrations against the unlawful wall, and the reaction to the recent restrictions on entry to Al Aqsa were met with violence. One of the most striking conclusions of the Goldstone Report on the Israeli attack on Gaza at the end of 2008 was its referencing of the Dahiya Doctrine, referring to the Israeli rationalization for destroying civilian neighborhoods in south Beirut assumed to be pro-Hezbollah as part of a strategy of disproportionate response to Hezbollah’s acts of violence in the course of the 2006 Lebanon War. Israeli military commanders gave two complementary explanations: the civilian population is part of the enemy infrastructure, thereby abolishing the distinction between civilians and military personnel; it is helpful for actual and potential enemies to perceive Israel as madly overreacting in response to even a minor provocation.

 

With more than a touch of irony, as of this writing, it is the Palestinians who are with greater credibility claiming ‘victory’ given the apparent resolution of the Al Aqsa crisis, which induced Israel to back down by agreeing to remove metal detectors and surveillance camera from two of the entrances to the Noble Sanctuary/Temple Mount esplanade leading to the mosque, and what is equally relevant, Israel appears for now to accept the continuing Wafq role as the only legitimate administrative authority in relation to this sacred Muslim religious site. Whether this is indeed more than a tactical retreat by Israel remains to be seen, and will be determined by how the recurrent battle for the governance of Al Aqsa proceeds in the future.

 

Similarly, whether the Victory Caucus is viewed in the future as a sinister display of Zionist arrogance or a step toward closure in the Israeli end game

in Palestine will depend, not on the positing of grandiose claims, but what happens in the future with respect to Palestinian resistance and the global solidarity movement. Israel’s president, Reuven Rivlin, recently warned Israelis that the BDS campaign poses “a strategic threat’ to Israel. Such a sentiment makes more than a little odd, and absurdly premature, for American and Israeli legislators to step forward to call upon Israel to up the ante by increasing their pressure on the Palestinians so that they are forced to admit in public what they now refuse to say even in private, what MEF wants us all to believe, that Israel has won, Palestine lost.