Tag Archives: apartheid

Chained to its Past: A German Formula for Injustice toward the People of Palestine

20 Sep

[Re-posting Second Prefatory Note: To allow for prior German online publication I temporarily removed this post after two hours. The text below is identical to what was previously posted. We are eager to encourage debate, discussion, and democracy, and so encourage dissemination through social media, and whatever means you find effective. Hearing a few days ago of the Dortmund City Council’s rescinding of the Nelly Sachs Prize for Literature to the British-Pakistani writer Kamila Shamies because it discovered that was a supporter of BDS is a further confirmation of the decline of democracy in Germany, at least in relation to this subject-matter of Israel/Palestine.]

 

[Prefatory Note: The following article written jointly with my longtime cherished friend, Hans von Sponeck, who by family experience and moral disposition is acutely aware of the German policy dilemmas associated with its past. These issues have recently surfaced in the context of suppressing pro-Palestinian nonviolent activism, which we believe are being handled in ways that tend to reproduce rather than transcend the evils of the Nazi Era by taking a variety of steps to shield the criminality of the Israeli Government from pressures exerted by the Palestinian global solidarity movement, and the BDS Campaign in particular. We attempted to publish this opinion piece first in a series of leading German newspapers, but were turned down. Apparently, the media guardians of public opinion in Germany regard silence as preferable to discussion and debate on this crucial issue.

 

As a biographical aside, Hans served for 32 years in the United Nations. In his last posting with  a rank of UN Assistant Secretary General, he headed the Oil for Food Program in Iraq by virtue of his role as Humanitarian Coordinator for Iraq (1998-2000) that followed the First Gulf War (1991) He resigned on principle because of the UN Security Council’s imposition of punitive sanctions responsible for producing massive casualties in the Iraqi civilian population.]

 

Chained to its Past: A German Recipe for Injustice toward the People of Palestine

 

Richard Falk & Hans von Sponeck

 

The GermanBundestag resolution on May 15ththat condemned the BDS Campaign as contributing to a rising threat of anti-Semitism in Europe is a grave cause of concern. It brands the BDS, a nonviolent Palestinian initiative, anti-Semitic and urges  the German government to refuse support, not only to BDS itself, but to any organization that is supportive of BDS. It takes this stand, pointing out Germany’s special responsibility toward Jews, without any reference at all to  Israel’s prolonged abuse of the most fundamental of human rights, that of self-determination, of the Palestinian people. The German resolution also fails to refer to the important role that an earlier BDS Campaign against South African racism played in bringing about a nonviolent end to the apartheid regime, and that even those who opposed BDS

on strategic or pragmatic ground never sought to demonize its advocates.

 

What particularly disturbs us is the punitive approach to BDS taken by the German legislative branch. It should be remembered that despite lots of opposition to the South African campaign those who were BDS activists were never told that it was legally and morally unacceptable to take part. Objections based on feasibility and effects, as well as specious claims that Africans in South Africa were better off under apartheid than were their brothers and sisters throughout the continent.

 

In essence, we believe this resolution is the wrong way to learn from the German past. Instead of opting for justice, for law, and for human rights, the Bundestag never even mentions the Palestinian people, and the ordeal that they are experiencing, and BDS is challenging. To give a green light to Israeli oppressive and expansionist policies is to endorse implicitly policies of collective punishment and abuse of the weak that were, it should be recalled, the most reprehensible features of the Nazi era.

 

We write as two individuals with very different pasts, yet sharing a commitment to

a strong United Nations and the duty of countries large and small to respect international law and promote global justice

 

We also share a continuing awareness of the Holocaust as a terrible tragedy befalling the Jewish people and others, as well as a horrendous crime by Germany and other countries in the past. We share an overriding commitment to a global order in which such tragedy and criminality do not occur with respect to the Jewish people and to all others everywhere. We are also mindful that such tragedies and crimes have been perpetrated since 1945 against various ethnicities and targeted peoples, including in Cambodia, Rwanda, Serbia and more recently, the Rohingya people in Myanmar.

 

Our backgrounds are (also)quite different. One of us is German and Christian (von Sponeck) , the other (Falk) is American and Jewish. Von Sponeck is the son of a general executed by the Nazis in the latter stages of World War II and had gone to Israel in 1957 to work in a moshav and several kibbutzim. He served for 32 years as an international civil servant within the United Nations, rising to the rank of Assistant Secretary General. His UN career ended when he resigned as the UN Coordinator of the Oil-for-Food Programme (1998-2000) in protest over the Iraq sanctions policy of the UN Security Council leading to the death of many innocent Iraqi civilians. Since his resignation von Sponeck has been teaching and lecturing in various venues and publishing on UN topics including The Politics of Sanctions on Iraq and the UN Humanitarian Exception(2017).

 

Falk is American and was a member of the faculty of Princeton University for 40 years, holding the position of Albert G. Milbank Professor of International Law. His family background includes paternal German ancestry with both grandparents born in Bavaria. not far from Munich, emigrating to the United States in the middle of the 19thCentury. Between 2008 and 2014, Falk served as Special Rapporteur for Occupied Palestine on behalf of the UN Human Rights Council. He has published widely on international topics, including recently Power Shift:On the New Global Order (2016) and Palestine: The Legitimacy of Hope(2017).

 

We have analyzed the failure of international diplomacy to find a solution for the conflict between Israel and Palestine. We believe that Israel bears the main responsibility for this failure, which has resulted in decades of acute suffering for the Palestinian people. We believe that the root of this failure is the Zionist project to impose a Jewish state on an essentially non-Jewish society. This has inevitably occasioned Palestinian resistance, and an increasingly racist based set of structures designed to keep the Palestinian people as a whole subjugated within their own country. We believe further that peace can only come for bothpeoples when these apartheid structures are dismantled as they were in South Africa over 25 years ago.

 

Against this background we find the reluctance of the German government and the German people to respond to this circumstance of injustice to be unacceptable and its tacit acquiescence in Germany particularly worrisome and extremely regrettable. Both of us and our families are in different senses victims of Nazism. This, however, does not prevent us from insisting that German hesitation to be critical of Israeli ethnocentrism exhibits a dangerous misunderstanding of the relevance of the Nazi past. The Holocaust should above all serve to warn the world against injustice, state crime, and the victimization of a people based on their racial and religious identity. It should not exempt Israel from legal and moral accountability just because its leadership is Jewish and many of its Jewish citizens are related to victims of the Holocaust.

 

Israel claims an identity through the 2018 adoption by the Knesset of a Basic Law as the Nation-State of the Jewish people as if this confers a mandate of impunity. The lesson of the Holocaust has to do with abuse, criminality, and victimization, and should not be perverted by any subversive implication that because Jews endured horrific crimes in the past they are exempt from accountability when they commit present crimes. We recall Albert Einstein’s letter to Chaim Weizmann in 1929 in which he wrote “If we do not succeed in finding the path of honest co-operation  and coming to terms with the Arabs, we will not have learnt anything from our two thousand year old ordeal and will deserve the fate which will beset us!” The Israeli Government must realize that much of the menacing rise in anti-Jewish and anti-Israeli sentiments in Europe and elsewhere has its origin in the very policies it pursues.

 

We expect that our plea will be strongly attacked as anti-Zionist and even anti-Semitic. Part of the function of such attacks is to freeze German responses by reminders of the Holocaust, and the false suggestion that criticizing Israel and Zionism is a renewal of an attack on Jews and Judaism. We insist that this is absolutely not the case. It is quite the opposite. It affirms that the core values of the Jewish religion and humanistic values generally are connected with justice, and that this use of anti-Semitic smears is a totally unacceptable tactic to shield Israel from justifiable criticism. This kind of intimidation should be opposed and overcome.

 

From this perspective it is our belief and hope that Germany and the German people have the strength to rid themselves of the moral numbness induced by the bad memories from the past, and can join in the struggle against injustice. Such a dynamic of moral empowerment would be clear if Germany were to show empathy for the Palestinian ordeal, and lend their support to nonviolent initiatives designed to express solidarity with and encouragement for the Palestinian national movement to uphold basic rights, including above all, the inalienable right of self-determination.

 

We are most encouraged that our actions are not occurring in a vacuum here in Germany. We take note of the dedicated efforts by the Humboldt Three to protest Israeli apartheid, and the popular support the action of these young people, two Israelis and one Palestinian, have received. Their inspirational message is similar to ours. It is time for the German government and its citizens to break their silence, recognize that the Nazi past is best overcome by active opposition to the unjust oppression of the Palestinian people. We also feel kinship with the Open Letter widely endorsed by intellectuals around the world, including many in Israel, calling on ‘Individuals and Institutions in Germany’ to end all efforts to conflate criticisms of Israel with Anti-Semitism.

 

We believe that peace between Jews and Arabs in Palestine depends on taking steps to restore equality of relations between these too long embattled peoples. This can only happen if the current apartheid structures are dismantled as a prelude to peace. The South African precedent shows us that this can happen, but only when international pressures combine with national resistance. It seemed impossible in South Africa until the very moment that it happened. It seems impossible at this time with respect to Israel, but the impossible happens when it is aligned with the demands of justice, and mobilizes the support of people of good will from around the world. The flow of history has favored the weaker side militarily in the great anti-colonial movements of the last half of the 20th century, and so we should not lose hope in a just outcome for Israeli and Palestinians despite the fact that the present balance of forces now favors Israeli dominance.

 

It is also important to keep in mind that as long as the Palestinian people are denied their basic rights, there can be no peace. Any agreement reached while apartheid remains will be nothing more than a ceasefire. A sustainable peace depends on recognizing and implementing the equality of the two peoples on the basis of mutual self-determination. Germany and Germans have a great opportunity to promote such a vision, and by doing so, liberating the country  from its past. In a profound sense, whether German, American, or other we each owe the Jewish and Palestinian peoples nothing less.

 

 

 

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The future of statehood: Israel & Palestine

3 Feb

[Prefatory Note: Interview Questions of a Brazilian journalist Rodrigo Craveiro on behalf of Correio Braziliense: (Jan. 30, 2019) on current prospects of Palestinian national movement.]

 

Fatah, Hamas, the Future of Statehood and Peace Prospects

 

1. With the dissolution of government do you see any risk for unity among all Palestinian factions? Why? 

 

It is difficult at this stage to interpret the significance of the recent dissolution of the Palestinian Legislative Council (PLC), which serves as the Parliament of the Palestinian Authority that governs the West Bank and enjoys formal recognition as the representive of the Palestinian people internationally. The PLO continues to exist as an umbrella framework to facilitate coordination among Palestinian political factions aside from Hamas and Islamic Jihad, which have never been associated with the PLO. It seems that dissolution of the PLC is related to the prospect of new leadership of the Palestinian Authority, especially the speculation that the Palestinian president, Mahmoud Abbas will soon retire, and be replaced. It is also possible that this move is an attempt by the PA to create a stronger basis for creating an actual Palestinian state in an atmosphere in which the Oslo diplomatic framework has been superseded.

 

Without the prospect of a diplomatic resolution of the conflict by negotiation between the parties, the Abbas leadership is trying to establish for Palestine the status of an international state by way of its own unilateral moves. Israel on its side it trying by its unilateral initiatives to create its own expanded state that extends Israeli sovereignty over all or most of the West Bank, which remains legally ‘occupied’ despite a variety of fundamental encroachments on Palestinian autonomy. In other words we are witnessing contradictory moves by both Israel and Palestine to achieve their goals by unilateral political moves rather than through international diplomacy under U.S. auspices based on a negotiated agreement reflecting compromise. In the process both the PA and Israel are in the process abandoning earlier pretensions of democratic governance. This move by Abbas to dissolve the PLC is most accurately interpreted as the further de-democratization of Palestine, and the establishment of a more robust autocratic governing structure that does not inspire trust among many Palestinians and their supporters throughout the world. The failure, for instance, of the PA to back BDS is indicative of the gap between global solidarity initiatives and the timid leaders provided the Palestinian national movements by Abbas leadership in Ramallah.

 

2. How do you analyze the role of Hamas inside the political life of Palestinian people? 

 

It is again difficult to be too definite about the role of Hamas at this time. This is partly because Hamas is likely affected by the changes in the tactics and leadership of the Palestinian Authority, which continues to be internationally regarded as the sole representative of Palestinian interests while being subject to criticism and rejection by large segments of the Palestinian people, especially those spread about the world by being refugees, exiles, and displaced persons., For some time, Hamas has indicated its willingness to agree to a long-term truce (or hudna)with Israel lasting up to 50 years, but only on condition that Israel withdraws from the West Bank and East Jerusalem as well as Gaza, and ends the blockade that has been used to deny the entry and exit of goods and people to Gaza ever since 2007. It is possible that a different leadership in Israel as a result of the April elections will produce a new Israeli approach to Gaza, which could include some kind of grant of autonomy or even independence as one type of alternative policy or intensified coercion that sought to destroy Hamas and its military capabilities as another.

 

What remains clear is that Hamas, as opposed to the PA, has been a consistent source of resistance to Israeli occupation and expansionism, although evidently willing to pursue its goals by political tactics rather than armed struggle. It is Israel that has insisted that Hamas is a terrorist organization, refusing even to consider establishing a ceasefire regime of indefinite length. It is also the case that Hamas is rooted in Islamic beliefs and practices, which are resented by secularized Muslims and non-Muslim Palestinians. This tension has erupted at various times in the course of the decade of Hamas governance in Gaza. Nevertheless, Hamas has popular support throughout occupied Palestine, and one explanation for the failure of the PA to hold elections is the anticipation that Hamas would likely be the winner, or at least make a strong showing.

 

3. Do you consider Hamas a danger for peace efforts building by Palestinian factions with Israel in future? Why?

There is no doubt that if the Palestinian Authority persists in excluding Hamas from participation in shaping the future of the national movement that the friction of recent years will continue, if not intensify. It is also possible that any new, post-Abbas PA leadership will try with increased motivation to find an embracing political framework that brings together the secular factions with those of religious persuasion, and especially Hamas. If the Trump ‘deal of the century’ is made public in coming months, and is treated as a serious proposal that is accepted as a basis of negotiation by the Palestinian Authority, then it would test whether the Palestinian people will be represented in a manner that joins in a single political actor secular and religious forces. The people of Gaza have suffered for many years, the conditions of poverty and environmental hazards are becoming more severe, with shortages of medical supplies, health hazards from polluted drinking water, astronomical levels of unemployment, and the absence of nutritious food creating emergency conditions for the entire civilian population of Gaza of about two million. Given these realities it is almost certain that Hamas will seek to pursue a more viable future for Gaza, but as the Great March of Return has demonstrated in recent months, the population, despite years of demoralization, retains a strong will to resist oppressive conditions of Israel domination.

 

      4-Until now all efforts to overcome the division between Hamas and Fatah didn’t work. Why? Why is it difficult to achieve a common sense?

I believe the principal reasons that all attempts to achieve a sustainable accommodation tween Hamas and Fatah have failed relate to both ideology and questions of trust. This failure has also been a consequence of Israel’s overt and covert feverish efforts to promote Palestinian disunity and fragmentation. Israel’s emphasis on a politics of fragmentation in addressing the Palestinian challenge is expressed in many ways, including establishing separate governance regimes for the West Bank, Gaza, and Jerusalem, as well as for the Palestinian minority living in Israel and the refugees in neighboring countries.

 

On ideology there are two main sources of division between Fatah and Hamas—the secular/religious divide, and the greater readiness of Fatah to accept and legitimate the permanence of the Israeli state than is Hamas. For Hamas Israel remains a usurper of Palestine, and such a illegitimate state that can never be formally accommodated, although as suggested, Hamas is prepared to accept a truce of long duration without altering its underlying claims to exercise sovereignty over the whole of historic Palestine. If such a truce was to be agreed upon by Israel it would amount to a de facto acceptance of Israel, and vice versa. If the truce held, it could lead to some kind of indefinite extension that would allow both governing leaderships to feel that they achieved their primary goals, in other words, a win/win outcome.

 

Fatah, at least since 1988, as well as the PLO, has been willing to normalize relations with Israel and to agree to a territorial division of Palestine along the 1967 boundaries, provided that the arrangement provided for the retention of East Jerusalem as the capital of a Palestinian state. As matters now stand, it is almost unimaginable that Israel would accept the Hamas approach to a future relationship, and given the continuing expansion of the settlements it seems unlikely that Israel would agree to the emergence of a sovereign Palestinian state under any conditions, that is, even if Hamas did not exist.

 

It is quite likely that Israel would seek to impose a one-state solution by annexing the West Bank in a manner similar to their annexation of the city of Jerusalem. The unresolved tensions between Fatah and Hamas are in my judgment less fundamental than is Israel’s increasing clarity about rejecting any negotiated compromise on such core issues as territory, refugees, and Jerusalem. Israel seems to regard the present situation as one in which it feels almost no pressure to compromise, and instead that it is possible for Tel Aviv to push forward toward an end of the conflict by claiming victory, a view endorsed by Zionist extremists and seemingly supported by the Trump diplomacy to date. I find these perspectives to be shortsighted and unsustainable. Even should the Palestinian leadership is forced given present realities to accept a political surrender, such an induced outcome will produce a ceasefire not a lasting peace. In this post-colonial age denying the Palestinian people their fundamental right of self-determination is almost certain to be unable to withstand the tests of time.

 

 

 

        5- In your opinion what is the recipe or formula to make all Palestinians join together in pursuing common goal, which is the establishment of Palestine State?

 

I have partially given my answer to this question in earlier responses to your questions. In essence, I am arguing that given the present outlook in Israel, as well as regional and global considerations,

It is not possible to envision the establishment of a Palestinian state even if Palestinians were able to achieve unity and went on to accept the 1967 boundaries excluding the Israeli settlement blocs along the border. Israel no longer hides its intention to expand its state boundaries to encompass the whole of ‘the promised land,’ considered a biblical entitlement within the dominant view of the Zionist project.

 

As earlier suggested, Israel will do its best to disrupt Palestinian efforts to overcome the cleavages in their movement so as to keep the Palestinian movement as fragmented as possible. As long as the United States continues its unconditional support Israel seems able to ignore the adverse character of international public opinion, as exhibited at the UN and elsewhere. Israel makes little secret of the absence of any  pressure to seek a political compromise. Ever since the 1990s a political compromised has been assumed to mean an independent  Palestinian state. Only recently, as Israel’s expansionism has made a Palestinian state a diplomatic non-starter and even a political impossibility has the idea of a single state embracing both peoples gained traction.

 

This shift to a one-state approach has taken to two forms: a single democratic secular state in which the expansionist goals of Zionism are renounced, and no longer would a Jewish state as such exist. Jews would have to accept equality of treatment within such a non-ethnic state, although the establishment of a Jewish homeland might be possible. The alternative single statehood model would be to absorb all Palestinians into a single Jewish state of Israel, perhaps conferring full or more likely partial citizenship rights to Palestinians. Both of these statehood models are post-diplomatic, as is the PA effort to establish a state of its own while enduring a prolonged occupation.

 

The Israeli version of a single state outcome of the struggle is more in keeping with present realities than is the Palestinian version. Such as assessment also gains strength by noting that the main Arab neighbors of Israel, in particular Egypt and Saudi Arabia, have withdrawn support for Palestinian national aspirations, and are actively cooperating with Israel, giving an Arab priority to the containment of extremist threats to their governments and to their sectarian rivalry with Iran. All in all, the regional and global geopolitical trends of late remove almost all incentives on the Israeli side to do anything other than to manage the favorable status quo until the moment arrives when it seems right to declare and claim that the boundaries of New Israel encompass of the entire territory managed between the two world wars as the British Mandate of Palestine.

 

As matters now stand it is utopian to anticipate a Palestinian state or a single secular democratic state, but these conditions that seem currently so favorable to Israel are unstable and deceptive, and unlikely to last. There are signs that a position of balanced support as between  Israel and Palestine is gaining strength in the West, especially among the American public. Account should also be taken of a growing global solidarity movement that has become more militant, and exerts greater pressure on Israel, especially by way of the Boycott, Divestment, and Sanctions Campaign (BDS). In this respect, conditions could change rapidly as happened in South Africa in the early 1990s against all expectations and expert opinion at the time. Israel is increasing regarded as an apartheid state, which the Knesset itself virtually acknowledged by enacting in 2018 the Basic Law of the Nation-State of the Jewish People. Finally, it should be appreciated that by virtue of Article 7 of the Rome Statute of the International Criminal Court, apartheid is classified as a crime against humanity. The experience of South Africa, although very different in its particular, is instructive with respect to the untenability over time of apartheid structures of control over a resisting ethnicity. Whatever the governance arrangement, Palestinian resistance will produce a cycle of insurgent and repressive violence, and this can provide stability for Israel only so long as its apartheid regime remains in place. If the apartheid regime is dismantled it would be accompanied by the end of any claim to impose a Jewish state on the Palestinian people.

The New New Anti-Semitism

18 Nov

The New New Anti-Semitism

 

 

Hiding Israel’s Crimes of State Behind False Claims of Victimization

 

I along with many others am being victimized these days. They are being labeled anti-Semites, and in some instances, self-hating Jews as well. This is a Zionist and Israeli effort to shut down our voices and punish our non-violent activism, with special venom directed at the BDS Campaign because it has become so effective in recent years. This negative branding of the opposition is being called ‘the new anti-Semitism.’ The old anti-Semitism was simply hatred of Jews as expressed through negative images and attitudes, as well as discriminatory practices, persecution, and vigilante violence. The new anti-Semitism is criticism of Israel and Zionism, and it has been endorsed by governments friendly to Israel and pushed by a variety of prominent Jewish organizations, including some associated with Holocaust survivors and memories. Emmanuel Macron, President of France, put this pushback by apologists for Israel rather clearly, if in a rather malicious form: “We will never surrender to the expressions of hatred. We will not surrender to anti-Zionism because it is the reinvention of anti-Semitism.” The false premise is equating Zionism with Jews, automatically making criticism and opposition to the Zionist state of Israel as anti-Semitism.

 

Already in 2008 the U.S. State Department moved more subtly in a direction similar to that of Macron with this formal statement: “Motives for criticizing Israel in the UN may stem from legitimate concerns over policy or from illegitimate prejudices. […] However, regardless of the intent, disproportionate criticism of Israel as barbaric and unprincipled, and corresponding discriminatory measures adopted in the UN against Israel, have the effect of causing audiences to associate negative attributes with Jews in general, thus fueling anti-Semitism.” The fallacy here is to view criticism as ‘disproportionate’ without ever considering the realities of Israel’s long record of unlawfulness with regard to the Palestinian people. To those of us who view the reality of Israeli policies and practices have little doubt that the criticisms being advanced, and the pressures being exerted, are in every sense proportionate.

 

A related argument often made is that Israel is being held to higher standards than other states, and this discloses an anti-Semitic sub-text. Such an argument is disingenuous. It is not a defense to suggest that the criminality of others is more severe. Besides, the U.S. subsidizes Israel to the extent of at least $3.8 billion a year, besides its unconditional backing of its behavior, creating some responsibility to impose limits according with international humanitarian law. As well, the UN contributed to the Palestinian ordeal by failing to implement the partition solution, and allowing for 70 years for millions of Palestinians to be subject to apartheid structures of domination. No other people can so justifiably blame external forces for its own sustained tragedy.

 

 

In 2014 Noam Chomsky explained the false logic of such an allegation with typical moral and intellectual clarity: “Actually, the locus classicus, the best formulation of this, was by an ambassador to the United Nations, Abba Eban, […] He advised the American Jewish community that they had two tasks to perform. One task was to show that criticism of the policy, what he called anti-Zionism — that means actually criticisms of the policy of the state of Israel — were anti-Semitism. That’s the first task. Second task, if the criticism was made by Jews, their task was to show that it’s neurotic self-hatred, needs psychiatric treatment. Then he gave two examples of the latter category. One was I.F. Stone. The other was me. So, we have to be treated for our psychiatric disorders, and non-Jews have to be condemned for anti-Semitism, if they’re critical of the state of Israel. That’s understandable why Israeli propaganda would take this position. I don’t particularly blame Abba Eban for doing what ambassadors are sometimes supposed to do. But we ought to understand that there is no sensible charge. No sensible charge. There’s nothing to respond to. It’s not a form of anti-Semitism. It’s simply criticism of the criminal actions of a state, period.

 

 

One feature of this new anti-Semitism is its non-response to the well-evidenced allegations of crimes against humanity made by those being labeled as anti-Semites. Do these ardent supporters of Israel really carry their sense of impunity to such an extent that silence is allowed to stand as an adequate defense? Underlying such a denial of the very idea of legal accountability and moral responsibility is this sense of Israeli exceptionalism, an outlook toward international criminal law that it shares with American exceptionalism. Those who adhere to such exceptionalism purport to be outraged even by the implication that such a government might be subject to the norms embedded in the statute of the International Criminal Court or the UN Charter. Israeli exceptionalism does have its own roots in biblical tradition, especially a secular reading of Jews as ‘the chosen people,’ but really rests on a comfort zone created by the geopolitical umbrella shielding its most law-defying moves from global scrutiny. Illustrative of many such protective actions was the recent UN General Assembly Resolution declaring Israeli steps toward the annexation of the Golan Heights to be null and void, with only Israel and the United States voting ‘no’ as against 151 UN members voting ‘yes.’

 

If we take just a minute to consult international law we find the issue so obvious as to be unworthy of serious discussion. A cardinal principle of contemporary international law, often affirmed by the UN in other contexts, is the impermissibility of the acquisition of territory by force of arms. There is no dispute that Golan Heights were part of Syrian sovereign territory until the 1967 War, and that Israel acquired control that it has exercised ever since as a result of forcible occupation.

 

 

 

 

 

The Ironies of the New New Anti-Semitism

 

There is an opportunistic irony present. The new anti-Semitism seems to have no trouble embracing Christian Zionist despite their hostility to Jews that is coupled with their fanatical devotion to Israel as a Jewish state. Anyone who has watched a Christian Zionist briefing knows that their reading of the Book of Revelations involves an interpretation that Jesus will return once all Jews return to Israel and the most holy temple in Jerusalem is restored. Such a process does not end there. Jews then face an ultimatum to convert to Christianity or face eternal damnation. And so there is present among these fanatical friends of Israel a genuine hostility to Jews, both by trying to insist that ending the Jewish diaspora as a matter of religious imperative for Christians, and in the dismal fate that awaits Jews who refuse to convert after The Second Coming.

 

An illuminating perversity is present. Unlike the new anti-Semites that have no hostility to Jews as people, the Christian Zionists give priority to their enthusiasm for the state of Israel, while being ready to disrupt the lives of diaspora Jews and eventually even Israeli and Zionist Jews. Maybe it is less perversity than opportunism. Israel has never had any reluctance to support the most oppressive and dictatorial leaders of foreign countries provided they buy arms and do not adopt an anti-Israeli diplomacy. Netanyahu’s congratulatory message to Jair Bolsonaro the newly elected leader of Brazil is but the most recent instance, and Israel received a quick reward by an announcement of a decision to join  the United States in moving its embassy to Jerusalem. In effect, the new anti-Semitism is comfortable with both Christian Zionism and with foreign political leaders that exhibit fascist inclinations. In effect, a blind eye toward the core reality of true anti-Semitism is a characteristic of the new anti-Semitism so favored by militant Zionists. For abundant documentation see the important book by Jeff Halper,War Against the People: Israel, the Palestinians and Global Pacification (2015).

 

Against such a background, we need a descriptive term that identifies this phenomenon and rejects its insidious claims. I am here proposing the inelegant label ‘the new new anti-Semitism.’ The idea of such a label is to suggest that it is the new anti-Semites not the critics and activists critical of Israel that are the real bearers of hatred toward Jews as Jews. Two kinds of arguments are contained in this pushback against the campaign seeking to discredit or even criminalize the ‘new anti-Semites.’ First, it deflects criticism from the persistence of an alarming reality, the continuing ordeal of apartheid imposed on all the Palestinian people as a whole, which should become the salient concern for all who wish the best for humanity. Secondly, it deliberately or unwittingly diverts attention from, and confuses, objections to real anti-Semitism by accepting on behalf of the state of Israel the embrace of Christian Zionists (and evangelicals) along with that of fascist leaders who preach messages of ethnic hatred.

 

To conclude, we who are attacked as new anti-Semites are really trying to honor our humanidentity, and to reject tribalist loyalties or geopolitical alignments, in our commitment to the realization of Palestinian rights, above all their right of self-determination. As Jews to hold Israel accountable under standards that were used to condemn Nazi surviving political and military leaders is to honor the legacy of the Holocaust, not to defile it. In contrast, when Israel sells weapons and offers counterinsurgency training to fascist led governments around the world or remains ready to accept post-Khashoggi Saudi Arabia as a valued ally, it obscures the evil nature of the Holocaust in ways that could haunt Israel and even diaspora Jews in the future.

 

 

On My 88thBirthday: A Reflection

13 Nov
  • [Prefatory Note: I took part in a stirring program here in Berlin earlier this evening in support of three activists from Palestine and Israel
  • who face criminal charges for disrupting a meeting featuring Zionist denials of Israeli crimes against humanity. Two of the three who face these charged are Jews born in Israel, and one a Palestinian born in Gaza, whose family was in audience, including his father who was in an Israeli
  • prison for 18 years. It was an inspirational event that discussed with depth and insight the obstacles to support for Palestinian rights encountered in Germany because of the persistence of German guilt about the Nazi past. In my remarks I tried to convey the understanding that the only true way to erase that sense of the past is to oppose the ongoing Israeli crimes of states rather than be complicit by choosing to be silent in the face of evil. I post a poem that I wrote earlier today, and read at the end of my talk, perhaps a self-indulgent conceit on my part, but I share it here as a way of thanking so many friends near and far who sent me the most moving birthday greetings throughout the day, which made me feel that we who are supporting the Palestinian struggle are part of a growing community that will prevail at some point, and the two peoples now inhabiting Palestine can finally live in peace, and with dignity and equality. All of us agreed that peace can only happen once the apartheid structure of the present Israeli state is fully dismantled and a spirit of true equality for Palestinians and Jews is affirmed and implemented, not only for those living under occupation, but for Palestinians confined to more than 60 refugee camps, to those millions long victimized by involuntary exile, and by the Palestinian minority in Israel.]
  • On My 88thBirthday: A Reflection 

    To be almost 90

    And happy

    With good health

     

    Feels criminal

    Amid Satanic happenings

    Raising Images too dark

    To be real

     

    Children in Gaza

    Are shot to death

    Friday after Friday

    By official assassins

     

    Khashoggi’s murder

    An unspeakable crime

    Yet no more than a problem

    For hard men of power

     

    Events so dark

    And so numerous

    Casting shadows

     

    Will despair be our fate?

    Is this truly our world?

    Are we even meant to survive?

     

    My hope– to live

    Long enough to shout

    An everlasting ‘No’

     

    And may so affirming

    Become my last word

    Become my testament

    Of hope for all beings

     

     

     

    Richard Falk

    Berlin

    November 13, 2018

     

    ]

 

 

A Debate on Peacemaking: Ending Occupation or Apartheid

9 Mar

A Debate on Peacemaking: Ending Occupation or Apartheid

 

[Prefatory Note: This post consists of an exchange of views prompted by my talk at a United Methodist Church in Culver City (Los Angeles) published by Tikkun’s online magazine, March 6, 2018. The core disagreement is whether to retain the emphasis on ending occupation as still the best, and some say, the only path to peace, and my view that a sustainable peace can only be obtained by a process of eliminating the apartheid structure by which Israel currently subjugates the Palestinian people as a whole (that is, including those living as a minority in pre-1967 Israel or in refugee camps spread across neighboring countries or as involuntary exiles in the Palestinian global diaspora). I regard this difference of views as of analytical, political, and normative importance, but as always, defer to authoritative Palestinian views as to the attainment of peace and self-determination.]

 

 

 

Ending the Occupation is the Path to Peace

By Jeff Warner and Yossi Khen, Feb. 27, 2017, Revised & submitted to Tikkun

Peace has alluded the parties in Israel-Palestine for decades. Israel, the stronger party economically, militarily, and diplomatically, has effectively prevented peace from emerging. That sad fact has not changed, even though Palestinian nationalism is stronger than ever and the Palestinian cause is gaining international recognition. In frustration, some Palestinian solidarity advocates are pursuing desperate but futile paths.

An example was promulgated by Richard Falk in a public speech in Los Angeles on February 7, 2018, while discussing his well-researched U.N. report on Israeli apartheid. Falk said that to end the occupation is not good enough; the proper goal should be to end the structure of apartheid.

The Falk-Tilley Report

“Israeli Practices towards the Palestinian People and the Question of Apartheid” by Richard Falk and Virginia Tilley was published by the U.N. Economic and Social Commission for Western Asia in 2017. The report examines the lives of Palestinians who live under four legal domains, and shows that each constitutes apartheid, a crime against humanity, according to the 1973 United Nations Convention on the Suppression and Punishment of the Crime of Apartheid and the 2002 Rome Statute of the International Criminal Court.

In summarizing the report in The Nation, Falk wrote (https://www.thenation.com/article/the-inside-story-on-our-un-report-calling-israel-an-apartheid-state/), “that Israel has deliberately fragmented the Palestinian people in relation to these four demographic domains, relying on systematic discrimination, including ‘inhuman acts,’ to maintain its control, while continuing to expand territorially at the expense of the Palestinian people.”

In discussing the report in the above cited speech, Falk went beyond the report’s conclusion that Israel has imposed apartheid on the Palestinian people to discus how, in light of the report’s conclusion, peace must be pursued. He said that the Palestinian side could not fairly negotiate with Israel [when] it was under apartheid. He said that the path to peace starts with ending the structure of apartheid.

That is an idealistic goal, but it is impossible. The only path to end apartheid is through negotiations between Israel and the Palestinians. Falk did not suggest how to end apartheid without negotiations. South Africa provides a counter example—the ANC and the government negotiated while the blacks, who the ANC represented, were still under apartheid [clarify the reference to ending apartheid in SA; it was the signal sent by the release of Mandela from prison that indicated the readiness of the SA elite to give up racist political rule, while receiving reassurances as to rights, including property rights]

When questioned, Falk said that just ending the occupation is not good enough because we (civil society) cannot allow Israel to fragment the Palestinian people.[as Israel divided the Palestinians to impose a structure of subjugation, it must reverse this reality to establish a lasting peace] To understand what Falk meant, we turn to the Falk-Tilley report that examines the condition of the Palestinian people in four demographic groups, each living under a different legal domain: The domains are:

  1. [Israeli] civil law with special restrictions [discrimination] applies to (~1.8 million) Palestinian Israelis.
  2. Permanent residency laws apply to (~320 thousand) Palestinians living in East Jerusalem.
  3. Military law applies to (~4.5 million) Palestinian living under belligerent occupation in the West Bank and Gaza Strip, including those living in refugee camps in those areas.
  4. [Israeli] policy to preclude the return of Palestinians, whether refugees or exiles, living outside of Israel control applies to (~3 million) Palestinians mostly in refugee camps in Jordan, Lebanon, and Syria, and others in the world-wide diaspora.

Falk seems to worry that ending the occupation will focus solely on Palestinians living under direct occupation (domain 3), while abandoning the majority of the Palestinians people living under other domains. [‘seems to worry’ it is a near certainty that Israel will deem its security and promised land requirements as limiting its ‘concessions’ to w/drawal from parts of the WB]

The Way Forward

By advocating that position, Falk is rejecting the stated positions of almost all major Palestinian political organizations which is to end the occupation and seek a Palestinian state alongside Israel. These include the PLO (the sole legal representative of the Palestinian people), the Palestinian Authority, the Palestinian Israeli Joint List (representing 87% of Palestinian Israelis in the Knesset), and likely even Hamas (https://www.ynetnews.com/articles/1,7340,L-3972646,00.html) if supported by a consensus of the Palestinian people (https://www.ynetnews.com/articles/1,7340,L-3972646,00.html). Falk is abandoning the international consensus to end the occupation which includes almost every state in the United Nations and international organizations including the Arab league, the United Nations, and the European Union. Even after Trump’s Jerusalem decision, the United States is still part of this international consensus.

While the international consensus has not stopped Israel from deepening its apartheid control over the Palestinian people, it has stopped Israel from annexing large sections of the West Bank. More important, the international consensus, through government sanctions, will surely be the agent that eventually pressures Israel to make peace.

Falk did not specify or even hint at what is required to end the structure of apartheid. Maybe because it is fairly obvious. For Palestinian Israelis (domain 1), it means ending the de jure and de facto discrimination. For Palestinian residents of Jerusalem (domain 2), it means citizenship. For Palestinians under direct occupation (domain 3), it means ending the occupation. And for diaspora Palestinians, mostly refugees in Lebanon, Syria, and Jordan (domain 4), it means the right of return.

The most straightforward of the above is ending the occupation. We suggest that ending the occupation is key to bringing relief to the groups of Palestinians not under direct occupation. [not at all clear, probably the reverse is true]

When the occupation eventually ends, it will be via a formal, bilateral agreement between Israel and the PLO that creates a Palestinian state alongside Israel (2SS). The agreement will be based on the 1967 Green line likely modified by land-swaps. It will specify the pace and extent of the withdrawal of the Israeli army and police, and the future of the Israeli settlements and settlers that will end up in the Palestinian state.

Proponents of a single democratic or bi-nation state (1SS) suggest the occupation would end with an agreement that specifies the characteristics of the unitary government and the pace and character of a transition from separate to unified security and other civic services.

If we thought any of these 1SS were possible, we would work hard to make it happen because they will promote Jewish-Arab cooperation. But considering the strong nationalism of Israelis and Palestinians, the lack of any significant political support for a single democratic state among Palestinians (except in the far diaspora), and the fierce opposition of Israelis (likely even with a guaranteed Jewish homeland rule), a 1SS seems less likely to emerge than a viable Palestinian state.

Michael Lerner proposed (https://www.tikkun.org/nextgen/still-immoral-still-stupid-lets-end-50-years-of-israels-occupation-of-the-west-bank-one-personone-vote) a type of 1SS he calls the One Person/One Vote strategy (1P/1V). He sees it as a temporary transition from the present intransigent Israel to a 2SS. 1P/1V is similar to the Scottish situation in which Scots are voting citizens of the United Kingdom, up to the time they vote for separation. This has been discussed in the Israel-Palestine context by Tony Klug (https://read.dukeupress.edu/tikkun/article-abstract/32/2/41/129722/It-s-the-Occupation-Stupid-If-that-is-the-answer). Lerner’s version is based on a constitution that that guarantees the 1P/1V state will be a homeland for any Jew who is under anti-Semitic threat.

1P/1V would require a Knesset vote to grant citizenship to Palestinians in the occupied territory, and that seems impossible given the political positions of the several parties. The Jewish parties, from Meretz on the left to Jewish Home and Yisrael Beiteinu on the right, are Zionist and committed to a Jewish state; the Joint List Arab coalition opposes anything that would promote the occupation of annexation. [what is ‘impossible’ now is not a guide to what is ‘necessary’ for real peace to result; without a fundamental recalculation of Israeli mainstream interests, there will only be frustration]

The 2001 Israel-PLO Taba summit (http://www.pij.org/details.php?id=32) is instructive in anticipating that an end of occupation agreement will include all aspects of the Israel-Palestine issue, including:

  • Creation of a Palestinian state that will end the structure of apartheid for Palestinians living under direct occupation in the West Bank and Gaza Strip.
  • Right of return for Palestinian refugees (who constitute the bulk of the Palestinian diaspora) to the Palestinian state or generous monetary compensation, with a modest to symbolic qualifying for return to their original land now in Israel.
  • Citizenship for Palestinian residents of Jerusalem by incorporating much of East Jerusalem into the Palestinian state.

Such an end of occupation agreement would end apartheid for all Palestinians except Palestinian Israelis. [true, if implemented]

Palestinian Israelis will still have their lives constrained by tens of laws that discriminate against them—what Falk calls apartheid. But the Palestinian Israelis are not abandoned. The Joint List (the united Palestinian political parties that were supported by about 87% of the Palestinian Israeli electorate in the last election) support a 2SS as the first step to a more egalitarian Israeli society. They believe that once there is peace, Palestinian Israelis will no longer be seen as a potential fifth column that is sympathetic to the enemy. They believe that peace will create a different environment in Israel where reforms will be easier to enact. [yes, if real peace, no if a peace that is one-sided in Israel’s favor, including settlers and Jerusalem]

We understand that eliminating the 50 plus Israeli laws that discriminate against Palestinian Israelis will take many years. That said, we note that Palestinian Israelis, even under discrimination, are integrating themselves into Israeli’s academic, medical, commercial, technical, and entertainment life, and anticipate that as integration expands, repealing discrimination laws will be easier. [adapting to second-class status is not an assurance that deep discrimination will ever happen]

Can it Happen?

Some might say that assuming that an agreement will be as comprehensive as outlined here is unrealistic. They would say that Palestinian leaders will capitulate to Israeli dictates under pressure from the United States. But the history of Palestinian-Israeli negotiations is that Palestinian leaders have not agreed to sub-standard agreements. Two examples are the 2000 Camp David and the 2008 Olmert-Abbas talks. In neither case, or any other, has a Palestinian leader sold-out the Palestinian people.

Others might say that Israel will act unilaterally, withdrawing its army and police with no coordination with the Palestinians. This is what happened during the 2005 disengagement from Gaza when Israel removed its settlers and army and essentially threw the keys on the ground. [not really; borders hardened, incursions frequent]

But Israel will not unilateral withdraw from the West Bank and East Jerusalem without making arrangements for its 550,000 settlers. Even if Israel annexes the land between the 1967 Green Line and the separation wall, it must still make arrangements for 100,000 settlers living east of the wall, many of whom may want to remain living in the biblical West Bank. [legalizing the settlements is incompatible with real peace; settlements unlawful, and their persistence must not intrude on a Palestinian state]

Another factor is that even though many Israelis blame the post disengagement unrest with Gaza completely on Hamas, there are key Israelis who understand that it was withdrawing from Gaza without coordination, opened the door for Hamas’ takeover. [written from a very Israeli point of view; the corruption & collaboration of Fatah is closer to the explanation of the rise of Hamas  

We think Richard Falk created a strawman when he said that ending the occupation is not enough. In fact, ending the occupation goes a long way to ending the structure of apartheid. By saying ending the occupation is not enough, Falk is destroying the international political movement that unifies world-wide opinion to end Israeli oppression of Palestinians by ending the occupation and promoting a Palestinian state alongside Israel. [we can debate who has created ‘a strawman’; I believe the kind of ss2 that the authors propose is as remote from present credibility as is the kind of integrated dismantling of apartheid that I believe to be the necessary and desirable prelude to a sustainable peace] [I welcome this exchange of views as it helps clarifies the obstacles to real peace and how to overcome them]

 

Author bios:

Jeff Warner is the Action Coordinator for LA Jews for Peace; he visited the West Bank and Gaza Strip as part of four humanitarian missions, most recently the 2017 Jewish Center for Nonviolence 9-day mission to Bethlehem and Hebron.

Yossi Khen is an Israeli-born, long-time citizen of the United States. He was a Refusenik in the 1970s to avoid serving in the occupied territories and has consistently worked for a Palestinian state alongside Israel, first in Israel and for almost 35 years in the United States.

 

 

Response to “Ending the Occupation is the Path to Peace” by Jeff Warner and Yossi Khen” (5 March 2018)

 

Richard Falk

 

Jeff Warner and Yossi Khen have written a sharp critique of a talk that I gave at a United Methodist Church in Los Angeles on February 7, 2018, sponsored by several groups including the LA Branch of The Jewish Voice for Peace. They object most strongly to my insistence that the only path to peace between Israel and Palestine involved ‘ending apartheid’ as imposed upon the Palestinian people as a whole. It particularly disturbed Warner and Khen that an acceptance of my line of advocacy meant abandoning the international consensus to the effect that the only key to peace remains ending the occupation as the essential feature of any realistic prospect of peace, consisting of establishing a Palestinian state alongside Israel.

 

Let me say at the outset of my response that debate and discussion of these fundamental issues of peacemaking is constructive, even vital, considering that the Palestinian search for some kind of just and sustainable peace has been stymied for decades, and in fact has lost ground due to settlement expansion, construction of the separation wall, the consolidation of Israeli control over Jerusalem, adverse shifts in regional politics, and the advent of Trump and Trumpism. Despite these developments, Warner and Khen continue to believe that the international two-state consensus on peace diplomacy remains the only realistic approach, offering cogent criticisms of my support for an alternative understanding of a peaceful future based on ending apartheid.

 

As I read their critique, it does not challenge the allegations of apartheid contained in our controversial ESCWA Report to the effect that the policies and practices of Israel toward the Palestinian people appear to be a criminal violation of the International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) and an instance of a Crime Against Humanity as delimited in the Rome Statute governing the International Criminal Court. Their main contention is rather that my views are politically impossible to implement, and for this reason alone, are irrelevant, and hence, an irresponsible from any serious effort to end the conflict.

 

Warner/Khen believe it fanciful to think that Israel would ever dismantle its apartheid regime prior to engaging in a comprehensive diplomatic process that established peace between these long embattled peoples. In their view, if I understand them correctly, the gradual elimination of apartheid by Israel will occur, if at all, in the aftermath of a carefully coordinated process of ending Israel’s occupation of Palestine in a manner that raises Israeli confidence in their future security as well as their trust in the good faith of Palestine in following through on their acceptance of Israeli sovereignty and legitimacy. Their criticism of my approach also suggests that I misinterpret the way in which apartheid was ended in South Africa, not as a precondition preceding diplomacy, but as the core of what was being negotiated between the two sides.

 

 

 

 

Acknowledging Political Impossibility

 

On the issues of ‘political impossibility’ I essentially agree with Warner and Khen, but I would also suggest that their analysis applies as strongly to ending the occupation, a position that they endorse as the best way forward. Ever since 1967, despite the existence of UN Security Council Resolution 242, Israel has given every indication of a deeply embedded refusal to follow the central imperative of withdrawal from the territories occupied. It is hardly news that the settlement phenomenon initiated almost at soon as the occupation began 51 years ago sent a clear message of Israel’s intention to pursue expansionist territorial and security goals that could not be convincingly reconciled with 242. Beyond this, the West Bank and Jerusalem were treated in Zionist ideology as forming an essential part of the promised land, a biblical mandate as to the enlarged scope of Israel that took precedence over contemporary international law for many Israelis and in Zionist thought, and was reflected in the internal discourse in Israel that invariably refers to the West Bank as ‘Judea and Samaria.’ Israel’s political will to withdraw even partially has never been really tested, despite some intimations to the contrary in the course of the peace diplomacy associated with the 1993 Oslo Framework of Principles.

 

My point is this—that political impossibility applies across the board when it comes to peacemaking between Israel and Palestine. But additional to this, I believe that even should conditions drastically change in the future, ending the occupation would not produce peace, but would be much more likely to initiate a new cycle of Palestinian frustration and disappointment. With such a mood, renewed violence and oppositional politics would return, producing a total disillusionment on both sides as to achieving peace. I believe that peace cannot come to either Israelis or Palestinians without dismantling the existing structures of subjugation, and repudiating their ideological infrastructure, that currently affect, and afflict, those Palestinians living in refugee camps, as a minority in Israel, and enduring involuntary exile, as well as those who have endured an oppressive occupation since 1967.

 

Here, I do have an analytical disagreement with Warner and Khen, assuming that I have understood their position correctly. I read them as arguing that the best way to eliminate the discriminatory structures affecting those Palestinians not living under occupation is to first end the occupation, and then work and hope for a gradual softening of other forms of Israeli control. In their words, “[w]e suggest that ending the occupation is key to bringing relief to the groups of Palestinians not under direct occupation.” Their underlying belief seems to be that as peace between the two peoples becomes more firmly grounded it will dissipate Israeli fears, and create an atmosphere more conducive to creating conditions of equality and peaceful relations between Israelis and Palestinians. I find this line of reasoning to be unconvincing for two major reasons: first, any peace diplomacy that achieves an Israeli withdrawal (even if partial) will almost certainly be accompanied by an unconditional Israeli demand that the Palestinians explicitly pledge to give up any further claims as to grievances or rights, that the peace agreement is the absolute end of the conflict, and no subsequent or unresolved grievances will be admissible; secondly, if Israel retains its identity, as would certainly be the case, of being ‘a Jewish state’ it would, in effect, reaffirm the basis for discriminatory laws designed to ensure a permanent Jewish majority population and a dualist regime that grants Jews an unrestricted ‘right of return’ while denying the Palestinians any such right.

 

What I am arguing is that given the political impossibility of any path to peace at the present time, it is desirable to opt for a solution that is at least capable of removing fundamental grievances. In this regard, ending the occupation does not even pretend to do this. It basically ignores the plight of those millions of Palestinians who are not living under occupation, and thus almost certainly sows the seeds of future conflict. Ending apartheid is, of course, not a guaranteed solution, but at least it purports to address the entire agenda of Palestinian grievances, and is premised on the resolve to reach political outcomes that give expression to the formal and existential equality of the two peoples.

 

Warner and Khen criticize me for supposing that Israel would ever agree to eliminating apartheid structures as a precondition to peace, and point to the fact that the even ANC in South Africa was forced to negotiate the dismantling of apartheid in the course of their peace diplomacy. I admit to being unclear on this point in my oral presentation. I agree that ending Israeli apartheid, unless undertaken unilaterally, would almost certainly, require extensive negotiations and a phased plan of implementation. To the extent that I implied that ending apartheid was a precondition for credible peace negotiations, I acknowledge that such a formulation is misleading. Nevertheless, I would assert that the question of ending apartheid must be understood by both parties to be at the center of any future credible diplomatic effort that seeks a sustainable peace, likely constituting the most challenging aspect of such a peacemaking process as undertaken by Israelis and Palestinians.

 

By unexpectedly releasing Nelson Mandela in 1990, the symbol of the anti-apartheid movement led by the ANC, the white governing elite of South Africa sent a clear signal of their readiness to negotiate the end of legalized racism. This is instructive, suggesting that Israel must also signal its change of heart toward the subjugation of the Palestinian people before a real ‘peace process’ can go forward. In this sense, returning to the Warner/Khen criticism, it is the signal of Israel’s altered outlook on peace, not the dissolution of apartheid, which should be regarded as a precondition for an authentic peace process.

 

A final question seems to be whether ‘ending apartheid’ is more ‘politically impossible’ than ‘ending occupation.’ I believe the honest answer is that we cannot know. Given this circumstance of radical uncertainty my view is that it is preferable to be committed to a path to peace that both ends the conflict and embodies relevant precepts of international law and morality. As should be obvious, I believe ending the occupation would be, at best, nothing more than a somewhat more politically acceptable and inevitably temporary reframing of subjugation and victimization, while ending apartheid would be a decisive move toward adopting a law-based solution to the conflict responsive to contemporary standards of international human rights and consistent with the expectations of global justice.

 

 

Debating Solutions

 

Warner and Khen suggest their own view of political prospects and preferences by their strong endorsement of a two-state solution, and corresponding rejection of a one-state solution. In effect, Zionism can live, in theory at least, with an independent Palestinian sovereign state as a neighbor, but would lose its ideological birthright as a biblically entitled state beholden to the Jewish people, if it accepted to become a single binational state based on the equality of Jews and non-Jews. I appreciate the coherence of their position, but feel that it inscribes an inherently unjust solution based on an unwarranted deference to the underlying Zionist project. The claim to be a Jewish state, however justly and understandably motivated by the Jewish experience, was flawed from the outset due to its disregard of the rights and wellbeing of the majority non-Jewish population residing in Palestine up to the time of the Partition War in 1947-48.

 

What kind of polity can we expect to emerge if Israel were to dismantle the apartheid structures that now oppress the Palestinian people? It is here that Warner and Khen assume that the outcome would be a single, secular, binational state, and are critical of my failure to offer a clear idea of what such a post-apartheid Palestine and Israel would be.

 

While we are in the domain of the impossible, it seems more useful to imagine the unimaginable than to project what seems obvious. In this regard, I would not prejudge the political sequel to a process that effectively dismantled Israeli apartheid structures of control. Such a context would be so different than what seems presently plausible that we should indulge visions of the desirable rather than be confined to what seems from the outlook of the moment to be most plausible, which is a single secular state that reestablished Palestine as a state with the borders possessed before the British mandate, although possibly with a new, neutral name.

 

What if we are daring enough to envision and propose ‘a stateless Middle East’ that involved a reversal of the Sykes/Picot imposition of Westphalian territorial states on the region a hundred years ago to satisfy the anachronistic colonial ambitions of Britain and France? Instead of European style states with arbitrary and artificial boundaries held together by a strongman, the new political framework of the region would be constructed of political communities that better reflect natural ethnic, religious, and historical affinities, resembling in some ways the Ottoman system of governance based on the millet system, in other ways, the idea of ethnic self-determination as envisioned by Woodrow Wilson, and in still other ways the unified Arab nation that the British misled Arab leaders to believe would be allowed to happen in exchange for their support in opposing the Ottoman Empire in World .

 

The Ottoman political framework was discarded after World War I, Wilson’s vision overridden by European colonial maneuvers, and the wartime pledge to the Arabs cynically broken. As a result the peoples of the region have endured conflict, corruption, chaos, and coercion over the course of the last century, and have been a site of geopolitical rivalry and neoliberal exploitation since 1945. I realize that it must be strain credulity to place any hope whatsoever in a political process that yielded a stateless Middle East.

 

In contrast, I would suggest that only the articulation of utopian aspirations offer the only constructive refusal to accept the strictures imposed on creative thought when speculating about the future of the politically impossible. That is, we are trapped in the vortex of the impossible, but to yield to its logic is to give up the quest for true peace altogether.

 

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.