Tag Archives: BDS

Peace and Justice for the Palestinian People: a Conversation

4 Feb

[Prefatory Note: The post below is a modified text of an interview conversation with Khourosh Ziabari, initially published on the website of the Organization for Defending Victims of Violence on February 4, 2018, <info@odvv.org>] </info@odvv.org>

 

 

Peace and Justice for the Palestinian People: a conversation

 

Khourosh Ziabari: Humanitarian crisis in Gaza has entered its 11th year as the crippling siege by Israel is making the living conditions of Palestinians more complicated with time. The blockade in what is popularly referred to as the world’s “largest open-air prison” means growing unemployment, people having intermittent access to pure water, the economy is almost dysfunctional and poor infrastructure and lack of funding make the two-million population vulnerable to heavy rains and extreme weather. The former United Nations Special Rapporteur on the Situation of Human Rights in the Palestinian Territories believes Israel is not doing enough to make the living conditions of Gaza Palestinians better, and the United States is also failing to play a constructive role.

 

Richard Falk is a professor emeritus of international law at Princeton University, who has published and co-edited some 40 books on human rights, international humanitarian law and the Israeli-Palestinian conflict.

In an interview with the Organization for Defending Victims of Violence, Prof Falk shared his views on the recent controversy surrounding President Trump’s proposal to move the U.S. Embassy to Jerusalem and the ongoing humanitarian emergency in the Palestinian territories.

 

Q: In a piece recently published on Foreign Policy Journal, you talked of Palestine as being a hugely discriminated against nation, which in the recent decades has undergone major hardships due to the inability or reluctance of the United Nations to take steps to balance the needs of the Palestinian people against the political leverage of Israel and its allies. The improvement of the living conditions of the Palestinians depends on a logical and justifiable way out being found to end the conflict. Is the international community really unable to come up with a sustainable and all-encompassing solution?

 

A: The failure of the international community with respect to the Palestinian people and their legitimate grievances is due to several special circumstances; most importantly, the underlying determination of the Zionist movement to control most of Palestine as delimited by the British mandate. In this respect, assertions by Israeli leaders of their desire for a political compromise should never been accepted at face value, and are patently insincere, public relations gestures seeking to influence international public opinion, and convey the false impression that Israel is seeking a political compromise with Palestine.

 

Secondly, this Zionist ambition is now strongly supported by the United States despite not being clearly articulated by the government of Israel. This obscurity, essentially a deception, allows the international community to act as if a peace process is capable of producing a solution for the conflict even though Israel’s actions on the ground point ever more clearly toward an imposed unilateral outcome, which essentially is a unilateral insistence that the conflict has been resolved in favor of Israel.

 

Thirdly, the ‘special relationship’ between Israel and the U.S. translates into a geopolitical protection arrangement encompassing security issues and even extending to insulating Israel from censure at the UN, especially by the Security Council, and making sanctions impossible to impose. In such a setting, the Israelis are able to pursue their goals, while ignoring Palestinian grievances, which results in tragedy and suffering for the Palestinian people. Given the balance of forces, there is no end in sight that might end the conflict in a fair way.

 

Q: President Donald Trump’s recognition of Jerusalem as the capital of Israel and his plan to move the U.S. embassy to this city met a big resistance at the United Nations, both on the General Assembly and Security Council levels. Why do you think the international community and even the major U.S. allies didn’t say yes to this proposal?

 

A: Trump’s initiative on Jerusalem ruptured whatever fragile basis existed for seeking a diplomatic solution for relations between Israel and Palestine. There had been a clear understanding, respected by prior American leaders, that the disposition of Jerusalem was a matter that was to be settled only through negotiations between the parties. This understanding was broken by the Trump initiative for no apparent reasons beyond pleasing Netanyahu and some wealthy Zionist donors in the U.S. Beyond this, for Trump to side with Israel on such a sensitive issue, which deeply matters symbolically and substantively, not only for Palestinians, but for Muslims everywhere, and even for Christians, damaged beyond repair the credibility of the United States to act an acceptable intermediary in any future peace process.

 

American credibility was at a low level anyway, but this latest step relating to Jerusalem, removed, at least for the foreseeable future, any doubt about the American partisan approach, and more dramatically, made it evident that diplomacy based on the two-state solution had reached a point of no return.

 

In one respect, the Trump move on Jerusalem lifted the scales from the eyes of the world. It should have been clear for some years that the size of the settlement phenomenon and the influence of the settlers, now numbering about 800,000, had made it impractical to contemplate the establishment of a genuinely independent and viable Palestinian state. As well, the U.S. had long ceased to be an honest broker in the diplomatic settings that were described by reference to ‘the peace process,’ and probably never was partisan from the outset of the international search for an outcome that was a genuine political compromise. If there is to be an effective diplomacy with respect to the relations between the two peoples, it must, in any event, be preceded by dismantling the apartheid structures that were developed by Israel over the decades to subjugate the Palestinian people as a whole and the United States must be replaced by a credible third party intermediary. Israel feels no pressure to accept such changes, and so there is no current alternative to exerting pressure on this untenable status quo through support for militant nonviolent forms of Palestinian resistance and the global solidarity movement, with a special recognition of the contributions of the BDS campaign. It may be relevant to note that the BDS Campaign has been nominated to receive the Nobel Peace Prize in 2018.

 

Q: In the recent years, many resolutions and statements have been issued in condemnation of the expansion of Israel’s settlements in the Palestinian territories occupied following the Six-Day War in 1967 by the UN General Assembly and its affiliated human rights bodies. Even the UNSC Resolution 2334 (2016) declares Israel’s settlement activity a “flagrant violation” of international law. Is the publication of statements and condemning a state, while the state itself doesn’t recognize the demands and considers them invalid, a viable solution? If the international community is convinced that Israel should stop the illegal settlements, then how is it possible to make it happen?

 

A: The continued expansion of the settlements despite their flagrant violation of Article 49(6) of the Fourth Geneva Convention is both an expression of Israel’s contempt for international law and for world public opinion. It also reveals the impotence of the UN to do anything effective to impose its will that is any more consequential than the issuance of complaints. When geopolitical realities shield the behavior of a state from international pressures, the UN is helpless to implement its resolutions, and international law is put to one side. The UN is an organization of states, and limited in its capacity to shape behavior, especially by the veto power of the five permanent members of the Security Council. As such, the UN was never expected to have the constitutional capacity to overcome the strongly held views and commitments of the five states given permanent membership and the right of veto in the Security Council in the UN Charter. The Security Council is the only organ of the UN System with clear authority to reach and implement decisions, as distinct from advisory opinions and recommendations. The Israel/Palestine conflict is an extreme version of the Faustian Bargain struck between the geopolitical power structure and global justice, which was written into the UN Charter and the constitutional framework of the UN, as well as exhibited in UN practice over the years.

 

Q: News reports and figures show that the living standards and the economic conditions in the Gaza Strip are getting worse as time goes by. The unemployment rate has climbed to 46%. Research organizations and local media say 65% of the population is grappling with poverty and the food insecurity rate is roughly 50%. How do you think the perturbing humanitarian crisis in Gaza can be alleviated?

 

A: It is difficult to comprehend accurately the Israeli approach to Gaza as its motivations are very different from its stated justifications. Israeli policy often appears cruel and vindictive, with security rationales sounding more like pretexts than explanations. Excessive force has been repeatedly used by Israel in Gaza, and little effort to achieve some kind of tolerable stability has been made.

 

Israel has rejected a series of proposals for long-term ceasefires put forward by Hamas during the past decade. Israel has periodically attacked Gaza, inflicting heavy damage on a helpless and impoverished civilian society in 2008-09, 2012, and 2014 while the international community condemned these excessive uses of force. Now that the economic squeeze is pushing Gaza once again toward the brink of a humanitarian disaster the ordeal of the nearly two million Palestinians entrapped and utterly vulnerable. The situation in Gaza is once again a matter of grave concern, with humanitarian alarms being sounded by those with knowledge of the precarious health and subsistence crisis facing the population.

 

It is unclear what Israel actually wants to have happen in Gaza. Unlike the West Bank and Jerusalem, Gaza is not part of the Zionist territorial game plan, and is not considered part of biblical Israel. To the extent that Israel is pursuing a one-state solution imposed on the Palestinians, Gaza would be likely excluded as adding its population to that of Israel would risk exploding ‘the demographic bomb’ that has for so long worried Israelis because of endangering the artificially generated Jewish majority population, and supposed ‘democratic’ control of this ethnocratic polity.

 

The Zionist project has long resorted to extreme measures to achieve and then sustain the democratic pretension of its governing process, initially dispossessing as many as 700,000 Palestinians from the territory that became Israel in 1948. This coerced dispossession during combat was combined with a post-conflict refusal to allow those who left their homes and villages during wartime any right of return. Such ethnic cleansing was reinforce by completely destroying hundreds of Palestinian villages with bulldozers. This pattern of controlling the population ratio between Jews and non-Jews has been a persistent issue ever since the Balfour Declaration was issued in 1917 when the Jewish population of Palestine was about 5%. In the early period, the Zionist effort was focused on overcoming the Jewish demographic minority status by stimulating and subsidizing Jewish immigration. Yet even after the surge in immigration prompted by the rise of Nazism and European anti-Semitism, the Jewish population of Palestine was only about 30% at the start of the 1947-48 War.

 

Israel would probably like to have Gaza disappear. If that is not going to happen, then the second best solution is to entrust Jordan or Egypt with administrative control, security responsibility, and sovereign authority. So far neither Arab government wants to assume control over Gaza. With these considerations in mind, Israel seems determined to maintain instense pressure on Gaza, allowing the population to hover around the subsistence threshold, and to signal Israeli aggressiveness to the rest of the region, asserting a military presence from time to time that seems both punitive and designed to remind Gazans that resistance on their part would be met with overwhelming lethal force causing devastation and heavy casualties, including imposing a condition of enduring despair on the civilian population.

 

 

 

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Beyond Jewish Identity: Exceptionalism Revisited

20 Aug

Beyond Jewish Identity: Exceptionalism Revisited

 

The problem with Jewish identity is Jewish identity! By this I mean, the hegemonic forms of Jewish exceptionalism to which most Jews are enthralled, including a provocative insistence on willed disaffiliation in a few rate instances. Such a gesture of anti-exceptional exceptionalism is a kind of personal manifesto, a private declaration to the world of independence of Judaism with respect to both articles of faith and ethno-nationalist markers. It is usually rooted in a deep earlier experience of what it meant to be Jewish that is repudiated later on for personal and, sometimes, political reasons.

 

Of course, this kind of perverse exceptionalism also applies, with even greater stringency, to the genuine anti-Semite who attributes a negative exceptionalism to Jews by of hatred, blame, and paranoia. Zionist zealots often manipulate negative exceptionalism to instill fear among Jews about the intentions of their adversaries. It is also a useful instrument in Zionist hands to brand critics of Israel or supporters of BDS, discrediting their good faith by deliberately alleging hatred of a people while what is at stake is harsh criticism of the practices and policies of a state that inflict massive suffering on a vulnerable people. To be called a ‘self-hating Jew’ as I have been is to turn negative exceptionalism into a double-edged razor sharp weapon.

 

Positive exceptionalism, essentialized for many Jews by a variety of readings of Jews as the people chosen by God, as different and superior. It is sometimes concretized by reference to Israel that pulls above its weight when it comes to military power and technological achievement. There is another kind of positive exceptionalism that regards Jews as chosen by God to engage justly in the world seeking peace, abhorring violence. Michael Lerner, Rebecca Vilkomerson, and Marc H. Ellis exemplify the presence of such angels in our midst.

 

Thinking more personally, I acknowledge the importance of being Jewish as a marker of my identity both for myself and for many others in their chose life journey. What this means substantively is obviously very diverse. It eludes me almost altogether as I am not observant of nor familiar with Jewish rituals or traditions, although I have welcomed exposure to them when the occasion has arisen, and it has, although infrequently as my circle of friends is overwhelmingly non-observant. Subjectively, Judaism has never had a greater resonance for me than the rituals and traditions of other world religions, most of whom I have been exposed to from time to time, and which I studied long ago with a strong academic interest in religion as a structure of belief. I always welcomed opportunities to become more deeply immersed in any world religion whenever they arose. I never felt a particular attachment to the religion conferred upon me by the accident of birth, perhaps because in my case, it was not part of my upbringing and socialization experience as a child growing up in the highly secular surroundings of Manhattan.

 

Living part of each year in Turkey for more than twenty years has led my to think about the secular/religious divide that is very deep in Turkish society, and produces cleavages of understanding and polarizing enmities. I believe religion is deeply relevant to the mass of humanity, and has in recent decades been revived in quite diverse settings. In part, this seems a reaction to the modernist failures of community and identity. These failures are evident in the commodified surroundings we daily inhabit whether we wish to or not.  This defining reality of the lifeworld is heavily influenced by neoliberal capitalism as increasingly disseminated by the ambiguous magic of the digital age.

 

In the Turkish case, perhaps due to my experience of friends and colleagues, I find that the secularists tend to be more judgmental than their Islamist counterparts (who by and large accept the idea that religion and secularism can and should coexist so long as there is mutual respect and equal rights).  I interpret this difference as reflecting the fact that secularists held tightly the keys of power in republican Turkey until the Justice and Development Party (AKP) gained an electoral mandate to govern in 2002, and has been reelected time and again ever since. Had the situation been reversed, it is possible that it would be the secularists who would be more open to coexistence and mutual respect, although their pre-AKP record of governance and societal dominance gives little reason for such confidence as their policy was guided by the strong wish to keep religion in its box.

 

I am undoubtedly influenced by the view that unless ethno-nationalism in all its forms is soon superseded by a surge of commitment to species identity the human condition faces a dismal future. This does not mean abandoning a Jewish or other sub-species identities altogether, but it does emphasize another way of conceiving and layering multiple identities, with an insistence on privileging ‘human identity,’ which would reverse almost all that has gone before.  Such a revolutionary hierarchy inverts the ordering of identities that presently exist that works outward from family and immediate neighborhood, and gives least weight to ‘humanity’ or ‘cosmic consciousness.’

 

Such assessments also reflect spatial and psychological location. The meaning of being Jewish would undoubtedly be more central to my daily experience if I were living in Israel, yet no less or more authentic than an identity shaped by living most of the year in California. This affirmation of equivalence is undoubtedly an anathema to many Jews in and out of Israel, especially to adherents of Zionism in any of its many forms. Zionism above all else, as I understand it, embodies a dialectical interaction between negative and positive variants of Jewish exceptionalism, and takes for granted the hypothesis that Jews are deservedly, and for some, unavoidably exceptional.

 

Separating myself from this kind of involvement does not imply any hostility toward religious and ethnic identities so long as they seek openness to the ecumenical dimensions of human identity. To the extent a preferred identity is closed to religious and ethnic otherness, as in a variety of fundamentalisms (including secular fundamentalism), it has become in the twenty-first century the most widespread means to exhibit a collective death wish on behalf of the species. What I find most empowering is a trans-religious spirituality that draws on the insights and wisdom embedded in all the great religions, including the spirit faiths and nature religions of many native peoples. These religious and spiritual constructions of reality impart a far fuller sense of the awe and mystery of life on planet earth than can be gained by mastering what the Western Enlightenment canonized so powerfully through its amoral embrace of instrumental reason. All that reason leaves out is love, empathy, friendship, beauty, insurgent energies, and the indispensable balances and harmonies of co-evolutionary nature. Such spirituality could become a vital source of liberating energy if the human species manages to seize this bio-political moment that is upon us whether or not we realize it. And this also is a warning that the ethno-nationalist moment that continues to hold the political imagination in captivity has become the king’s highway to species extinction.

 

Instead of Jewish exceptionalism  (or American exceptionalism) the call of this bio-political moment is for species exceptionalism.

 

 

 

Smearing BDS Supporters

4 Jul

 

 

[Prefatory Note: An earlier version of this post was published with the title, “The Palestinian Struggle for Self-Determination: A New Phase?” in Middle East Eye, June 26, 2016. This version stresses the misappropriation of anti-Semitism as a propaganda weapon to smear pro-Palestinian activists, especially those supportive of the BDS Campaign. It also clarifies the issues of representation by explaining the formal differences between the PLO and PA, which do not seem presently consequential in my understanding; I am indebted to Uri Davis for bringing the distinction to my attention although he may not agree with my way of handling it.]

 

End of the Road?

 

There are many reasons to consider the Palestinian struggle for self-determination a lost cause. Israel exerts unchallenged paramilitary control over the Palestinian people, a political reality accentuated periodically by brutal attacks on Gaza causing massive civilian casualties and societal dislocation. Organized Palestinian armed resistance has all but disappeared, limiting anti-Israeli violence to the desperation of individual Palestinians acting on their own and risking near certain death by striking spontaneously with primitive knives at Israelis encountered on the street, especially those thought to be settlers.

 

Furthermore, the current internal dialogue in Israel is disinclined to view ‘peace’ as either a goal or prospect. This dialogue is increasingly limited to whether it seems better for Israel at this time to proclaim a one-state solution that purports to put the conflict to an end or goes on living with the violent uncertainties of a status quo that hovers uncomfortably between the realities of ‘annexation’ and the challenges of ‘resistance.’ Choosing this latter course means hardening the apartheid features of the occupation regime established in 1967. It has long had the appearance of a quasi-permanent arrangement that is constantly being altered to accommodate further extensions of the de facto annexations taking place within the Palestinian territorial remnant that since the occupation commenced was never more than 22% of British administered Palestine. It is no secret that the unlawful Israeli settlement archipelago is constantly expanding and Jerusalem is becoming more Judaized to solidify on the ground Israel’s claim of undivided control over the entire city.

 

Israel feels decreasing pressure, really no pressure at all aside from the ticking bomb of demographics, to pretend in public that it is receptive to a negotiated peace that leads to the establishment of an independent Palestinian state. The regional turbulence in the Middle East is also helpful to Israel as it shifts global attention temporarily away from the Palestinian plight, giving attention instead to ISIS, Syria, and waves of immigrants threatening the cohesion of the European Union and the centrist politics of its members. This gives Israel almost a free pass and Palestinian grievances have become for now a barely visible blip on the radar screens of public opinion.

 

Recent regional diplomacy strengthens Israeli security. Both Saudi Arabia and Turkey seek normalized relationships with Israel, Egypt is again supportive of Israeli interests, and the rest of the region is preoccupied with internal strife and sectarian struggles. Even without the United States standing in the background giving unconditional security guarantees, ever larger aid packages, and serving as dutiful sentry in international institutions to block censure moves, Israel has never seemed as secure as it is now. The underlying question that will be answered in years to come is whether this impression of security is appearance or reality.

 

Yet even such a reassuring picture from Israel’s perspective, while accurate as far as it goes, creates misimpressions unless we consider some further elements. There exist a series of reasons for the Palestinians to believe that their struggle, however difficult, is not in vain. Although the French initiative to revive bilateral negotiations is unlikely to challenge effectively Israel’s unilateralism, it does suggest a possibly emerging European willingness to raise awkward questions about the continued viability of the United States claim to be exclusively entitled to act as the international intermediary of the conflict. The Oslo framework that has dominated international diplomacy since 1993 was fatally flawed from its inception by allowing the United States to play this brokering role despite its undisguised partisanship. How could the Palestinians ever be expected to entrust their future to such a skewed ‘peace process’ unless compelled to do so as a result of their weakness? And from such weakness and skewed diplomacy only fools and knaves would expect a sustainable peace based on the equality of the two peoples to follow.

 

This diplomacy was exposed for the charade it was, especially by the subversive impact of continuous Israeli unlawful settlement expansion that was dealt with by Washington with diminishing expressions of disapproval. And yet this diplomatic charade was allowed to go on because it seemed ‘the only game in town’ and it had the secondary political advantage of facilitating without endorsing Israel’s ambitions with respect to land-grabbing.

 

A question for the future is whether the French, or the Europeans, can at some point create a more balanced alternative diplomacy that serves both parties equally and conditions diplomatic engagement upon compliance with international law. Such a possibility seems at last to being tested, however tentatively and timidly, and even this modest challenge seems to be worrying Tel Aviv. The Netanyahu leadership is suddenly once more proposing yet another round of futile Oslo negotiations with the apparent sole purpose of undermining this French innovative gesture in case it unexpectedly gains political traction.

 

Realistically viewed, there is no present prospect of a political compromise achieving a sustainable peace. There needs first to be a change of leadership and political climate in Israel coupled with a more overall balance of international forces than has existed in the past. It is here we witness the beginnings of a new phase in the national struggle that the Palestinians have waged ever since the nakba occurred in 1948. Gone are the hopes of Palestinian rescue by the liberating armies of Arab neighbors or later, through organized Palestinian armed resistance. Gone also is the vain hope of a negotiated peace that delivers on the vain promise of an end to Israeli occupation and the birth of a genuinely sovereign Palestinian state within 1967 borders.

 

Palestinian ‘Statehood’

 

The Palestinian Liberation Organization (PLO)/Palestinian Authority (PA) [PLO represents the entirety of the Palestinian people whereas the PA technically represents only those Palestinians living under occupation; as a practical matter the two entities overlap, even merge, as Mahmoud Abbas is both Chair of the PLO and President of the PA; it is possible that as some point these two Palestinian organizations will act and operate separately and even at odds with one another] continue to represent the Palestinian people in global settings, including at the UN. Many Palestinians who are living under occupation and in exile consider the PA/PLO to be both ineffectual and compromised by corruption and quasi-collaboration with the occupiers. The PA/PLO on its side, after going sheepishly along with the Oslo process for more than twenty years, has begun finally to express its disillusionment by pursuing a more independent path to reach its goals. Instead of seeking Israel’s agreement to a Palestinian state accompanied by the withdrawal of its military and police forces, the PA/PLO is relying on its own version of diplomatic unilateralism to establish Palestinian statehood as well as trying to initiate judicial action to have Israeli policies and practices declared unlawful, even criminal.

 

In this regard, after being blocked by the United States in the Security Council, the PLO/PA obtained a favorable vote in the General Assembly according it in 2012 the status of ‘non-member statehood.’ The PA used this upgrading to adhere as a party to some widely ratified international treaties, to gain membership in UNESCO, and even to join the International Criminal Court. A year ago the PLO/PA also gained the right to fly the Palestinian flag alongside the flags of UN members at its New York headquarters.

 

On one level such steps seem a bridge to nowhere as the daily rigors of the occupation have intensified, and this form of ‘statehood’ has brought the Palestinian people no behavioral relief. The PLO/PA has established ‘a ghost state’ with some of the formal trappings of international statehood, but none of the accompanying governance structures and expectations associated with genuine forms of national sovereignty. And yet, Israel backed by the United States, objects strenuously at every step taken along this path of virtuality, and is obviously infuriated, if not somewhat threatened, by PLO/PA initiatives based on international law. Israel’s concern is understandable as this PLO/PA approach amounts to a renunciation of ‘the Washington only’ door to a diplomatic solution, and formally puts Israel in the legally and morally awkward position of occupying indefinitely a state recognized by both the UN and some 130 governments around the world. In other words, as we are learning in the digital age, what is virtual can also become real.

 

 

Recourse to BDS

 

There are other potentially transformative developments complicating an overall assessment. Partially superseding earlier phases of the Palestinian struggle is a growing reliance on global civil society as the decisive site of engagement, and a complement to various ongoing forms of non-cooperation, defiance, and resistance on the ground. The policy focus of the global solidarity movement is upon various facets of the boycott, divestment, and sanctions campaign (or simply BDS) that is gaining momentum around the world, and especially in the West, including on American university campuses and among mainstream churches. This recourse to militant nonviolent tactics has symbolic and substantive potential if the movement grows to alter public opinion throughout the world, including in Israel and the United States. In the end, as happened in South Africa, the Israel public and leadership just might be induced to recalculate their interests sufficiently to become open to a genuine political compromise that finally and equally safeguarded the security and rights of both peoples.

 

At this time, Israel is responding aggressively in a variety of rather high profile ways. Its official line is to say that its continued healthy rate of economic growth shows that BDS is having a negligible economic impact. Its governmental behavior suggests otherwise. Israeli think tanks and government officials now no longer hide their worries that BDS poses the greatest threat to Israel’s preferred future, including increasing isolation and perceptions of illegitimacy. As one sign of the priority accorded this struggle against BDS, the Israeli lobby in the United States has enlisted the Democratic Party and its presidential candidate has signed up to bea militant anti-BDS activist. At the heart of this anti-BDS campaign is what is being increasingly identified as ‘a new McCarthyism,’ the insidious effort to attach punitive consequences for those who are overtly pro-BDS.

 

 

Smearing BDS

 

In this vein, Israel has launched its own campaign to punish and intimidate those who support BDS, and even to criminalize advocacy. The Israeli lobby has been mobilized around this anti-BDS agenda in the United States, pushing state legislatures to pass laws that punish corporations that boycott Israel by denying them access to the domestic market or declare that BDS activism is a form of hate speech that qualifies as virulent anti-Semitism. Israel is even seeking common cause with liberal Zionist J Street in the US to work together against BDS, an NGO that it had previously derisively dismissed. Support for Israel from the Clinton presidential campaign includes two disgraceful features: an explicit commitment to do what it can to destroy BDS and a promise to upgrade the special relationship still further, openly overcoming the friction that was present during Obama presidency.

 

It is not new, of course, to brand critics of Israel as anti-Semites. Those of us who have tried to bear witness to Israeli wrongdoing and promote a just outcome have been attacked with increasing venom over the course of the last decade or so. The attack on pro-Palestinian members of the British Labour Party as anti-Semites is part of this Zionist pushback. What is particularly disturbing is that many Western political leaders echo these defamatory and inflammatory sentiments, including even the current UN Secretary General Ban Ki-moon who seems to be making some feeble amends as his term nears its end. Israel has no compunctions about attacking the UN as hostile and biased, while when convenient invoking its authority to discredit critics.

 

This inflation of the idea of anti-Semitism to cover activities protected by free speech and in the realm of responsible debate and citizen activism is on its own a regressive maneuver that deflects attention from the virulent history and outlook of those who hate Jews as individuals and support their persecution as a people. To attenuate the meaning of anti-Semitism in this way is to make the label much less ethically clear as it is improperly used to denigrate what should be permissible and even favored as well as what is properly condemned and socially rejected. To blur this boundary is to weaken the consensus on anti-Semitism that formed throughout the world after the Holacaust.

 

It is notable that this latest phase of Palestinian national struggle is mainly being waged nonviolently, and in a manner that accords with the best traditions of constitutional democracy. That Israel and Zionist hardliners should be opposing BDS by an ugly smear campaign exposes Israel’s vulnerability when it comes to the legitimacy of its policies and practices, and should give the Palestinians hope that their cause is far from lost.

Zionism, Anti-Semitism, BDS, and the United Nations

8 Jun

 

 

[Prefatory Note: An earlier abridged version of this post was published by Middle East Eye under a different title on June 5, 2016. The focus is upon the misuse of anti-Semitism by those defending Israel to deflect a rising tide of civil society activism and public criticism of Israeli policies and practices.]

 

Zionism as Racism? Zionism and the State of Israel

 

More than 40 years ago the UN General Assembly adopted controversial resolution 3379 by a vote of 72-35 (with 32 abstentions), determining “that Zionism is a form of racism and racial discrimination.” This resolution was bitterly opposed by Israel and its friends in 1975. According to Zionists and others this resolution was an unacceptable assault on the dignity of the Jewish people, a blatant expression of anti-Semitism, exhibiting hurtful insensitivity to the long dark shadow cast by horrific memories of the Holocaust.

 

The Israeli ambassador at the United Nations, Chaim Herzog, was unsparing in his denunciation: “For us, the Jewish people, this resolution based on hatred, falsehood and arrogance, is devoid of any moral or legal value.” The American Ambassador, with a deserved reputation as an outspoken diplomat, Daniel Patrick Moynihan, was hardly less severe. In the debate preceding the vote Moynihan used exaggerated language of denunciation: “The UN is about to make anti-Semitism international law..The [US] does not acknowledge, it will not abide by, it will never acquiesce in this infamous act..a great evil has been loosed upon the world.”

 

Such harsh language was an effective tactical maneuver by Israel and the United States to mislead as to the purpose of the anti-Zionist resolution by waving the red flag of anti-Semitism. With a few notable exceptions, the governmental supporters of the initiative at the UN were never motivated by hatred of Jews, although the resolution was an unwise way to exhibit anger toward Israel because it was so susceptible to being discredited as unacceptable due to its anti-Semitic overtones. The primary backers of the resolution were seeking to call attention to the fact that Israel as a state was proceeding in a racist manner by its treatment of the indigenous Palestinian population. In fact, the focus on Zionism rather than Israel reflected a continuing commitment by the main representatives of the Palestinian people and their allies to accept, however reluctantly, the reality of Israel as a state, while rejecting certain of its policies and practices that were being attributed to the Zionist ideology that did shape Israel’s governing process.

 

The context of the resolution is also important. It came after a decade of international frustration concerning the refusal of Israel to withdraw from the Palestinian (and Syrian) territory occupied in the 1967 War in the manner prescribed in the unanimously passed iconic UN Security Resolution 242. By 1975 it seemed that Israel had no serious intention of ever withdrawing fully or soon. True, there were interpretative ambiguities surrounding the exact conditions of withdrawal, yet Israel’s expansion of the metropolitan area of Jerusalem together with its annexation combeined with the establishment of settlements in occupied Palestine was generally perceived in UN circles as confirming this suspicion that Israeli ambitions far exceeded the scope of what had been agreed upon in 1967 at the Security Council. Subsequent developments have only hardened the perception the belief that Israel will defy international law and UN authority whenever it suits their purposes.

 

Inappropriately and ineffectively, the anti-Zionist resolution was seeking to mobilize the international community in 1975 around the idea that Palestinian suffering and humiliation resulted from illegitimate Israeli behavior that would not be overcome by statecraft or UN diplomacy, both of which had been tried and failed. Over time this interpretation of the situation has given rise to a growing skepticism about whether any inter-government effort, including even that undertaken by the Palestinians themselves, will secure the Palestinian right of self-determination, as long as the balance of forces is so strongly in Israel’s favor. Against this background it is not surprising that the Palestinian struggle increasingly relies upon civil society militancy currently epitomized by the BDS Campaign to correct this imbalance.

 

Asserting its geopolitical muscle over the years Israel finally managed to induce the General Assembly to reverse itself in 1991 by Res. 46/86. This single sentence text simply revokes the earlier resolution condemning Israel without offering any explanation for the new posture. Israel secured this vote by making conditional its participation at the Madrid Peace Conference that same year, insisting on a formal repudiation of the 1975 resolution.

 

In retrospect, the General Assembly had made a serious mistake by equating Israel with Zionism. It should been earlier realized that Zionism is a political project devised by Jews in Europe at the end of the nineteenth century, and while responsible for the world movement that successfully established Israel against great odds, it does not represent the Jewish people as whole, nor is it an authoritative expression of Judaism whether conceived as a religion or an ethno-historic tradition. From the inception of Zionism, Jews as individuals held wildly divergent, even contradictory, views about the wisdom of Zionism in theory and practice as well as about the validity of its relations with Judaism. Zionism was never institutionalized as the governing ideology of the Israeli state, and many Jewish critics of Israel emphasized the failure of the state to live up to Zionist ideals and Judaic traditions.

 

Among the most fundamental of these disagreements related to whether Jews should aspire to a state of their own in Palestine, or should limit themselves to the Balfour pledge of support for a homeland in historic Palestine. The whole idea of an ethnic state is problematic given the geographic intermingling of ethnicities, and can be reconciled with the ideal of protecting the human rights of every individual only by artifice. In practice, an ethnic state, even if its activities are constitutionally constrained, dominates the governing space and discriminates against those with other ethnic identities. And so has been the case with Israel despite Palestinian voting rights and participation in the Knesset. Again, Zionism championed Israeli statehood as the fulfillment of the vision of a Jewish homeland, but the state that emerged is a political actor whose behavior needs to be appraised by its policies and practices, and not by its founding ideology.

 

Such general speculation raises somewhat different issues than posed by the anti-Zionist resolution. Now the much more difficult issue is raised in the form of allegations that Israel as of 2016 has become a racist or apartheid state, most clearly with respect to its oppressive and discriminatory administration of the West Bank and Gaza. To be clear, it is not Zionism as an ideology that should be evaluated as racist or not, despite its ethnic exclusivity, but Israel as a state subject to international law, including the International Convention on the Elimination of Racial Discrimination(1966) and the International Convention on Suppression and Punishment of the Crime of Apartheid (1973).

 

BDS as Anti-Semitism?

 

At this time, complaints about anti-Semitism have taken an entirely different course, although emanating from a similar source. Instead of deflecting criticism at the UN by angry claims of institutional bias verging on anti-Semitism, Israel is now actually invoking the prestige of the UN to carry on its fight against the BDS Campaign and an alleged delegitimation project aimed at discrediting and isolating, if not destroying, the state of Israel. On May 31,, 2016 Israel convened a day-long conference under the willfully misleading title, “Ambassadors Against BDS—International Summit at the UN.” Invited speakers were limited to pro-Israeli extremists who took turns deploring BDS as a political initiative and denouncing its activist supporters as vicious anti-Semites. The Israeli ambassador, acting as convenor of the conference and known mainly as an inflammatory leader of the settlement movement, Dani Danon, set the tone of the event with these words: “BDS is the modern incarnation of anti-Semitism,” spreading an “..ideology of hate.”

 

The program was unabashedly one-sided. The conference sponsored by a series of leading Jewish organizations. The audience consisted of more than 1500 invited guests who possessed strong anti-BDS credentials and were encouraged to be militant in their opposition to BDS activities. The conference call relied on language that highlights the political significance of this extraordinary initiative: “The BDS movement continues to make strides in their campaign to delegitimize the State of Israel. They are gaining increased support on campuses around the world as they promote initiatives on local and national levels calling to divest and boycott the Jewish state.” Such a statement accurately recognizes that BDS has become the main vehicle of a rapidly strengthening global solidarity movement that aligns itself with the Palestinian national movement, is effectively mobilizing beneath the BDS banner, and has been shaped since its inception in 2005 when endorsed by 170 Palestinian NGOs and a wide spectrum of civil society activists.

 

It should be clarified that the so-called anti-BDS ‘summit,’ appearances not withstanding, was not a UN conference, nor did it have the blessings or participation of top UN officials. It was an event organized by the Israeli delegation at the UN that was allowed to make use of UN facilities. Calling itself ‘Ambassadors Against BDS” is deceptive, suggesting some kind of collective diplomatic undertaking by the international community or at least its Western segment.

 

Contrariwise, and more to the point, several European governments normally supportive of Israel, including Sweden, Ireland, and even the Netherlands have recently officially indicated that support for BDS is a legitimate political activity, entitled to the protection of law in a democratic state, and its supporters should be treated as exercising their right to freedom of expression in a lawful manner.

 

The BDS goals are set forth clearly in its founding document and do not include the delegitimation of Israel as a state: (1) withdrawal of Israel forces from Arab territories occupied in 19 67, including the Syrian Golan Heights as well as West Bank, Jerusalem, and Gaza; (2) respect for the right of return of Palestinian refugees in accordance with General Assembly Resolution 194; (3) protection of the human rights of Palestinians living in pre-1967 Israel on the basis of full equality. Without question the BDS movement endorses an ambitious program, but it does not question Israeli sovereignty over pre-1967 Israel, despite its territorial control of 78% of the Palestine mandate, which is far more than what the UN considered fair in 1947 that was about 45%, and was rejected by the Palestinians as being grossly unfair given the demographics at the time.

 

 

In a growing reaction to the growing influuence of BDS, Israel and pro-Israeli civil society actors have been pushing back in a variety of settings with tactics that violate the written and unwritten rules of democratic society. Among those most salient of these tactics have been the successful efforts of the organized Jewish community in Britain to have an academic conference at Southampton University canceled for two consecutive years, the frantic defamatory assault on Penny Green, the distinguished British criminalist who had been proposed as the first choice to be the next UN Special Rapporteur for Human Rights in Occupied Palestine, a travel ban imposed by Israel on Omar Barghouti, the widely admired worldwide leader of BDS, and sundry outrageous efforts throughout the United States to have as many state legislatures as possible pass laws that criminalize BDS by associating its advocacy and activity with anti-Semitism.

 

Above all, this ugly effort to stigmatize BDS represents a double shift in the essential battlefield of the Israel/Palestine struggle. The first shift is from armed struggle to a series of symbolic encounters concerning the legitimacy of Israel’s policies and practices. The second interrelated shift is away from inter-governmental diplomacy and toward civil society militancy. It is possible that the second shift is temporary or provisional, having as its objective the revival of normal diplomacy at a future time under conditions where both sides are treated equally, and the process facilitated by a genuinely neutral intermediary. In effect, an authentic peace process in the future must correct the flaws that doomed the diplomacy undertaken within the Oslo Framework of Principles to failure, and what is worse operated to enable a steady dynamic of Israeli expansionism at Palestinian expense. One way of thinking of BDS is as a corrective to this failed diplomacy of the past.

In the meantime, both Israel and its civil society adversaries will reflect their contradictory agendas with respect to a variety of struggles centering on what is legitimate.

 

In important respects the double shift should be welcomed. The BDS Campaign concentrates on university campuses, churches, and labor unions. To challenge the legality and propriety of its tactics is to attack the most fundamental values of constitutional democracy. BDS-bashing also lends indirect credibility to those who argue that only political violence can achieve justice for the Palestinian people that alone can end their unspeakable ordeal. It is reasonable, of course, to question whether BDS is effective, or to argue over its proper scope and tactics, but attacks on BDS as a valid political instrument should be rejected.

 

Comparing Anit-Zionism in 1975 and Anti-BDS in 2016

 

This deadly dance between Zionism and the UN has now come full circle. In the 1970s Zionism was condemned by the General Assemly at the UN, and the condemnation was sharply criticized by Israel as being so anti-Semitic as to contaminate the Organization as a whole. In 2016 Israel in a dramatic turnabout relies on the stature and access associated with its UN membership to empower Zionist forces throughout the world to engage in BDS-bashing. In the end, we should appreciate that neither Zionism nor BDS are racist as such, and any serious inquiry should be directed at the behavior of Israel as a member of the UN obliged to respect international law with respect to race and on the actual claims and initiatives of BDS as a transnational civil society initiative seeking the implementation of international law and fundamental human rights.

 

It was a mistake to play the anti-Zionist card in 1975 as the real grievances of Palestinians and the UN were obscured behind the smokescreen of a false debate about whether or not deep criticisms of Israel were anti-Semitic. It is an even bigger mistake to play the anti-Semitic card in the current global setting as a way of evading the demands set forth by BDS, which seem on their face in accord with international law and morality, and have as a principal virtue the clear commitment to pursue political ends by peaceful means.

 

The scale of this mistake is enlarged by blurring the boundaries between a proper concern with anti-Semitism as a virulent form of ethnic hatred that has given rise in the past to bloody persecutions and fascist extremism, and most abhorrently to the Holocaust. Opposing BDS on its pragmatic or normative merits is an entirely reasonable posture for those who disagree with its premises, methods, and goals. What is not acceptable is to engage in these provocative efforts to discredit and punish the proponents of BDS, and to threaten adherents with punitive pushback as happens when tenure is abrogated or steps are taken to brand activists by name as targets for vilification and intimidation.

 

 

Voting for Hilary Clinton? Red Lines versus Lesser of Evils

14 Jul

 

 

Assuming that the current prospects for presidential candidates hold firm, and Hilary Clinton is nominated by the Democrats and Jeb Bush, Rick Rubio, or Scott Walker win the Republican nomination, what should a conscientious citizen do when it comes to voting in November 2016? Of course, step one is to rule out support for the Republican candidates due to their regressive views on a range of social and economic issues, and their militarist bluster on foreign and defense policy. Step two is more difficult. Clinton is clearly preferable if the domestic agenda is taken into account, and probably no worse than the Republicans when it comes to foreign policy, but also not noticeably better, and in some ways more objectionable.

 

For instance, she begins her recent letter to the billionaire arch Zionist mega-donor and longtime Clinton family supporter, Haim Saban, on July 7, 2015 this way: “I am writing to express my alarm over the boycott, divestment, and sanction movement, ‘BDS,’ a global effort to isolate the State of Israel by ending commercial and academic exchanges.” She seeks Saban’s guidance in pursuit of this nefarious goal with this deferential language: “Now I am seeking your thoughts and recommendations on how leaders and communities across America can work together to counter BDS.”

 

I am sure it didn’t escape the gurus of the Clinton campaign that Saban had joined with the casino mogul, Sheldon Adelson not long ago to headline a donors gathering at which each participant was expected to pledge $1 million to fight BDS. Although Adelson identifies as Republican and Saban as Democrat, both fervently embrace the Netanyahu brand of Israeli leadership. Saban has been quoted on Iran in language that manages to outdo Bibi, “I would bomb the daylight out of those sons of bitches.”

 

Clinton has a variety of other scary credentials, including voting in support of the Iraq War of 2003, and to this day remains unwilling to admit that the war was at the very least a tragic mistake, and more accurately, a costly international crime. She not only argued for intervention in Libya in 2011, but made a chilling comment on CBS News after learning of the grisly vigilante execution of Muammar Qaddafi: “We came, we saw, he died.” Further, among the emails that Clinton has long withheld from the public are several that substantiate the charges that France from the outset both intended to overthrow the Qaddafi regime, and expected to reap economic benefits by way of the spoils of war, especially with respect to Libya’s oil wealth. It is not that Clinton actually conspired with such plans while serving as Secretary of State, but she did knowingly lead the effort to support the French-led NATO intervention in 2011, claiming that its limited goal was the protection of Libyan civilians in Benghazi, when she was well aware that the real purpose of the UN-mandated intervention was regime-change in Tripoli.

 

Here is my dilemma. In view of such considerations, does one vote for Hilary Clinton with eyes wide open because she is likely to be better for ordinary Americans on a range of crucial issues, including some effort to challenge the obscene scandal of growing inequalities and sustained slippage in the real income and labor rights of workers and the accumulated hardships on much of the middle class? Or does one say there are certain candidates whose views are so abhorrent as to be unsupportable without weighing their suitability against alternatives? Many remember the acrimonious debates along the same lines concerning the 2000 campaign pitting Bush against Gore, and allegedly lost by Gore in Florida because Ralph Nader, running as a third party candidate, received over 90,000 votes, arguably more than enough to swing the state to Gore’s side of the ledger, and thus enough electoral votes to win the presidency. Most Democrats angrily dismissed Nader as a spoiler and harshly criticized supporters for indulging in irresponsible political behavior. As someone who voted for Nader in 2000, while coming to detest the Bush presidency, I continue to believe that primary duty of citizens in a democratic society is to be on most occasions responsive to their conscience rather than to attempt pragmatic calculations often glamorized as ‘the best being the enemy of the good.’ In the case more accurately phrases as ‘the worst being the enemy of the bad.’ I do admit that I didn’t realize in 2000 that Bush would turn out as badly as he did, and if I had, I might have wavered.

 

Looking ahead to 2016 the issue of choice can be at this stage put as follows: vote for Hilary Clinton as ‘the lesser of evils’ or vote for Jill Stein of the Green Party as the most attractive presidential candidate, but someone with no chance to do more than enliven the debate and give alienated voters like myself a positive option that feels better than not voting. Remember that there were those establishment liberals who in the tense days after the 9/11 attacks were ready to rationalize torture as the lesser of evils. It was alleged lesser as compared to the need for information that would lead to dangerous terrorist suspects, but where it actually led was to Abu Ghraib and Guantanamo, and a nationally humiliating orgy of torture with very little security payoff. The Kathryn Bigelow film on the search for and execution of Osama Bin Laden, “Zero Dark Thirty,” also gave a bright green light to the torture policies of the Bush presidency, fed to the public by the grotesque evasion embedded in the words ‘enhanced interrogation.’

 

The alternative logic may be described as respect for ‘red lines.’ I happen to believe that the BDS campaign is a desirable and an essential step in the redesign of a peace process that might produce a just and sustainable peace for Palestinians and Israelis

after more than 67 years of agonizing failure, including the recent frustrations associated with the Oslo diplomacy initiated by the handshake in 1993 between Yitzhak Rabin and Yasir Arafat, with a beaming Bill Clinton standing in between. For me, Hilary Clinton crossed my red line with her craven letter to Haim Saban, making it impossible for me to vote for her by invoking the alternative logic of the lesser of evil. But maybe, although unlikely, by the time November 2016 comes around, I might reconsider.

 

I realize that if one of those awful Republicans is elected president by a close vote that is skewed by Green Party votes, I will be bitterly criticized by liberal friends. I admit that it is a tricky issue on principled grounds. Livelihoods and wellbeing will almost certainly be adversely affected by a Republican victory, whereas the differences in foreign policy between the two candidates are murky at best, and on Israel/Palestine there is no up side regardless of which party prevails. At the same time, the American plutocracy has become a bipartisan enterprise, calling for resistance as an ethical and political imperative, acknowledging the validity of Chris Hedges’ powerfully reasoned insistence that the country is experiencing pre-revolutionary tremors.

 

At this stage of the electoral process, my overall sense is that the lesser of evils is still evil, and that morally significant red lines are important for citizens to draw and respect. Until further notice, then, I have decided not to cast my vote for Hilary Clinton.  

The Dead End of Post-Oslo Diplomacy: What Next?

15 Dec

(Prefatory Note: A much modified version of this post was published in AlJazeera America, Dec. 13, 2014)

The Latest Diplomatic Gambit

 

There are reports that the Palestinian Authority will seek a vote in the Security Council on a resolution mandating Israel’s military withdrawal from Occupied Palestine no later than November 2016. Such a resolution has been condemned by the Israeli Prime Minister as bringing ‘terrorism’ to the outskirts of Tel Aviv, and this will never be allowed to happen. The United States is, as usual, maneuvering in such a way as to avoid seeming an outlier by vetoing such a resolution, even if it has less stringent language, and asks the PA to postpone the vote until after the Israeli elections scheduled for March 17, 2015. Supposedly, the delay is justified so that Netanyahu, seen as an obstacle by the American White House, would not be strengthened by any display of adverse pressure on Israel coming from outside, especially from the UN.

 

Embedded in this initiative are various diversionary moves to put the dying Oslo Approach (direct negotiations between Israel and the PA, with the U.S. as the intermediary). The French are promoting a resolution that includes a revival of these currently defunct negotiations, with a mandated goal of achieving a permanent peace within a period of two years based on the establishment of a Palestinian state, immediate full membership of Palestine in the UN, and language objecting to settlement activity as an obstruction to peace. Overall, European governments are exerting pressure to resume direct negotiations, exhibiting their concern about a deteriorating situation on the ground along with a growing hostility to Israeli behavior that has reached new heights since the merciless 51-day onslaught mounted by Israel against Gaza last summer. This seems to me to be ‘a politics of gesture’ as there is no indication of why resumed negotiations would enjoy any better prospect of success than the several past failed efforts, and would only give Israel additional time to move toward its increasingly obvious end game of imposed unilateralism.

 

A Post-Oslo Meditation

 

 

The horrendous events of the last several months in Jerusalem and Gaza have exhibited both the depths of enmity and tension between Jews and Palestinians and the utter irrelevance of American-led diplomacy as the path to a sustainable peace. This is not a time for people of good will, the UN, and governments to turn their backs on what seems on its surface either irreconcilable or on the verge of an Israeli victory. The challenge for all is to consider anew how these two peoples can manage to live together within the space of historic Palestine. We need fresh thinking that gets away from the sterile binary of one state/two states, and dares to ponder the future with fresh eyes that accept the guidance of a rights based approach shaped by international law. Israel will resist such an approach as long as it can, understanding that it has gained the upper hand by relying on its military prowess and realizing that if international law was allowed to play a role in demarcating the contours of a fair solution it would lose out on such crucial issues as borders, refugees, Jerusalem, settlements, and water.

 

A necessary step toward a sustainable peace is to overcome Washington’s blinkered conception of the conflict. There is no better sign that the Israel-Palestine peace process over which the United States has long presided is unraveling than the absurd brouhaha that followed the magazine article written by Jeffrey Goldberg in The Atlantic [“The Crisis in U.S.-Israel Relations is Officially Here,” Oct. 28, 2014] that referenced an unnamed senior White House official who called the Israeli Prime Minister, Benjamin Netanyahu, ‘chickenshit’ because of his obstinate refusal to take risks for ‘peace.’ Supposedly, this refusal put Washington’s dogged adherence to the Oslo Approach of direct negotiations under American diplomatic supervision beneath a darkening sky, but since there is no alternative way to maintain the U.S. central role in the interaction between the governing elites of the two parties, there is an eyes closed resolve to keep the worse than futile process on ‘life support.’ It is worse than futile because Israeli land grabbing on the West Bank in relation to the settlements, the settler only roads, and the separation wall continuously deteriorate Palestinian territorial prospects.

 

The collapse of the Kerry talks between Israel and the Palestinian Authority in April were unquestionably a negative watershed for the Obama presidency so far as its insistence that the Oslo Approach was the only viable roadmap that could resolve the conflict. Ever since the Oslo Declaration of Principles was sanctified by the infamous Rabin-Arafat handshake on the White House lawn in 1993, the U.S. Government has contended that only this diplomatic framework can end the conflict, and to this day it objects to any moves by governments to take steps on their own. [During the presidency of George W. Bush there was an interval during which ‘the roadmap’ was adopted as an elaboration of the Oslo approach in which a commitment to the idea of an independent Palestinian state was explicitly confirmed by Bush in a speech on June 24, 2002, and then formalized in a proposal made public on April 30, 2003; in this same period ‘the quartet’ was created at a Madrid Conference in 2002 that seemed to broaden diplomatic participation by adding the Russia, the EU, and the UN to the U.S., but in fact the quartet has been completely marginalized for the past decade] The Oslo Approach consists of direct negotiations between the parties and designated the United States, despite its undisguised partisan role, as the exclusive and permanent intermediary and go between. Without the slightest deference to Palestinian sensitivities, U.S. presidents have appointed as special envoys to these negotiations only officials with AIPAC credentials such as Dennis Ross and Martin Indyk, and have proceeded as if their blatant partisanship was not a problem. Evidently Israel would have it no other way, and the Palestinian Authority has meekly gone along either out of weakness or naiveté.

 

Not only was the Oslo framework itself flawed because it leaned so far to one side, but it was an unseemly tacit assumption of the process that the Palestinians would be willing to carry on negotiations without reserving a right to complain about the relevance of ongoing Israeli violations of international law, most conspicuously the continued unlawful settlement activity. When on several occasions the Palestinians complained that this settlement activity was incompatible with good faith negotiations, they were immediately slapped down, informed that such objections interfered with the peace process, and that issues pertaining to the settlements would be deferred until the ‘final status’ stage of the negotiations. The Palestinians were assured that these issues would be addressed at the very end of the peace process after the main elements of a solution had been agreed upon. This was very detrimental to Palestine’s bargaining position as their only advantage in relation to Israel was to have international law in their favor in relation to most of the outstanding issues. Besides to allow Israel to continue with settlement expansion, rather than freezing the status quo, was obviously disadvantageous to Palestine. If legal objections were excluded it is not surprising that diplomatic bargaining would tend to reflect ‘facts on the ground,’ which were completely in Israel’s favor, and would continue to accumulate month by month. Despite this, Israel at no point seemed responsive to proposals for accommodation in accordance with the stated objective of establishing an independent sovereign Palestinian state.

 

After more than 20 years of futility Washington’s continuing public stand that only by way of the Oslo Approach will a solution be found is beginning to fall on deaf ears, and new directions of approach are beginning to be articulated. Israel itself is moving ineluctably toward a unilaterally imposed one-state solution that incorporates the West Bank in whole or in large part. It has recently seized 1000 acres of strategically placed land to facilitate the largest spatial enlargement of a settlement since the early 1990s and it has given approval for 2,600 additional housing units to be built in various West Bank and East Jerusalem settlements that already have more 650,000 settlers. In addition, the current Israeli president, Reuven Rivlin, elected by the Knesset a few months ago is an avowed advocate of the maximalist version of the Zionist project involving the extension of Israel’s borders to encompass the whole of Palestine as delimited in the British mandate. Rivlin couples this rejection of any Palestinian right of self-determination with proposals for equality of treatment for both peoples within this enlarged Israel, offering the Palestinians human rights, the rule of law, and unrestricted economic and political opportunity within Israel in exchange for renouncing their political ambitions for either a state of their own or a power-sharing arrangement on the basis of equality with Israel. There is no prospect that the Palestinian people, or even their compromised leaders, would accept such a Faustian Bargain.

 

The Palestinians have their own version of a unilateral solution, although it is far more modest, and seems more fantasy than political project. It is essentially establishing a state of their own within 1967 borders, taking an ambiguous posture toward the settlement blocs and even East Jerusalem, and relying on political pressures to coerce an Israeli withdrawal. Such a state claims 22% or less of historic Palestine, and includes the somewhat confusing contention that Palestine is already a state in the eyes of the international community, having been recognized as such by 134 states and in a resolution of the General Assembly on 29 November 2012. It is currently reinforcing this position with this draft resolution that Jordan will submit on its behalf at some point to the Security Council proposing a resumed period of direct negotiations for a further nine months (accompanied by a freeze on settlement construction), followed by Israel’s mandatory withdrawal from the West Bank. On balance, this Palestinian approach seems ill-considered for a number of reasons. It appears to reduce the parameters of the conflict to the occupation of the West Bank, and leaves to one side the fate of Gaza and East Jerusalem, as well as what is to happen to the several million Palestinians living in refugee camps in neighboring countries or in exile. It also overlooks the structure of discrimination embedded in Israeli nationality laws that reduces the 20% Palestinian minority in Israel to a second class status in the self-proclaimed Jewish state.

 

Among the problems with these reactions to the breakdown of Oslo are the contradictory expectations. What the Netanyahu unilateralism is seeking is utterly inconsistent with any kind of viable Palestinian state constructed within the 1967 borders, and those opposition forces to his right are seeking an even more defiant unilateralism. Equally, what the Palestinian Authority is proposing would seem to require the elimination of most Israeli settlements, the dismantling of the security wall, and the abandonment of the Israeli-only network of roads, while ignoring those Palestinian grievances not directly associated with territorial issues. Each of these versions of a post-Oslo solution is doomed to failure as it proceeds as if the behavior of others need not be taken into account. The Israeli failure to do this is far more unacceptable as its claims are far more excessive than those of the Palestinians, which is really just a matter of wishing away the pattern of Israel’s unlawful encroachment on what is a minimalist Palestinian vision of a solution that it and the UN had long ago accepted in Security Council Resolution 242.

 

There is an evident unfortunate reluctance on the part of all sides to let go of the two-state conception of a solution. It is what Washington and even Tel Aviv and Ramallah continue to say they seek, although Netanyahu has been telling Israeli audiences that after its experience with Hamas rockets last July and August, it will never agree to allow the emergence of a neighboring Palestinian state in the West Bank that would bring Palestinian threats much closer to the Israeli heartland. Ever since the 1988 decision of the Palestinian National Council, the PLO has agreed to a solution framed in relation to a state within of its own within the 1967 borders, and even Hamas has signed on since 2006 to the extent of accepting a 50 year plan for peaceful coexistence with Israel providing it ends the occupation of Palestinian territories, and lifts the Gaza blockade. These are big concessions from the Palestinian side considering that the UN Partition Plan of 1947 awarded 45% of historic Palestine to the Palestinians and proposed the internationalization of the entire city of Jerusalem. The 2002 Arab Peace Initiative is built along the same lines as the PLO proposal, and includes a commitment to establish full diplomatic and economic relations with Israel on the part of the entire Islamic world. This proposal of the Arab League by a 56-0 vote of the Islamic Conference, with only Iran abstaining, and a year ago as a result of American pressure was modified to make it even more appealing to Israel by its acknowledgement of Israeli security concerns.

 

Most recently, a letter to Netanyahu by 106 high ranking retired Israeli military and security officials strongly urged this same two-state solution, implicitly condemning Israeli unilateralism and Zionist maximalism as leading to a future for Israel of periodic warfare of the sort that occurred this past summer in Gaza. These members of the Israeli security establishment argue that these expansionist policies are weakening security for the entire Israeli population. The letter emphasized Israel’s moral decline associated with keeping millions of Palestinians under prolonged occupation, which they argue is unnecessary from the perspective of security. Again there is a lack of clarity about whether such encouragement assumes that the settlements can be retained, the rights of Palestinian refugees can be ignored, and Jerusalem can be kept under unified Israel control. But what the initiative does express is this emergent consensus that Oslo style negotiations have consistently failed and something else must be tried. The letter appears to propose a unilateral partial withdrawal described as “an alternative option for resolving the conflict not based solely on bilateral negotiations with the Palestinians, which have failed time and again.”

 

Europe has also, at last, exhibited a limited unwillingness to accept any longer the Oslo Approach that keeps the United States alone in the driver’s seat. I interpret the recent Swedish recognition of Palestinian statehood, the House of Commons vote urging that the British government take a similar move, as well as similar moves by several other European countries as expressing both a loss of confidence in the Oslo Approach and a criticism of the manner in which Israel and the United States have dealt with the conflict. This is a desirable development in these respects, but it is coupled with some regressive features. Such initiatives are coupled with renewed faith in the two-state approach as the only solution, and call with a sense of urgency for a renewal of negotiations without giving the slightest indication as to why a further round of talks would yield any different results than past attempts. Such a prognosis seems more true at present than in the past given Israel’s moves toward a unilateral solution, which Netanyahu somewhat disguises so as not to affront the United States and Europe. It should be obvious to all who wish to look that Israel has created irreversible conditions that have all but ruled out the establishment of a viable Palestinian sovereign state.

 

The Way Forward

 

The expected controversy surrounding the PA initiative in the Security Council is a sideshow without any serious consequences however it is resolved. There needs to be a clear recognition by the PA that direct negotiations are pointless under present conditions, and a general understanding that unless Israel changes behavior and outlook there is no hope to resolve the conflict by a reliance on diplomacy. This will make recourse to nonviolent militancy via BDS, and such other tactics as blocking the unloading of Israeli cargo vessels, the best option for those seeking a just peace. [“Protesters Block Israel-Owned Ship from Unloading Cargo at Port of Oakland,” CBS St Bay Area, Aug. 18, 2014]

 

I believe the Oslo Approach is discredited, and of no present interest to the political leadership in Israel, which plays along with Washington by not openly repudiating direct negotiations. The European governments that have shown some initiative by advocating recognition of Palestine should be encouraged to take the further step of rejecting calls for resumed negotiations unless Israel demonstrates its sincerity by freezing settlement activity and affirming its readiness to withdraw to 1967 borders.

 

The best, and in my view, only realistic hope is to forget traditional interstate diplomacy for the present, and understand that the Palestinian future depends on a robust mobilization of global civil society in solidarity with the Palestinian national movement. The current BDS campaign is gaining momentum by the day, and is coupled with a sense that its political program is more in keeping with the wishes of the Palestinian people than are the proposals put forth by the formal representations of either the Palestinian Authority or Hamas. When neither governmental diplomacy nor the UN can produce a satisfactory solution to a conflict that has caused decades of suffering and dispossession, it is past time to endorse a people-oriented approach. This is the kind of populist politics that helped end apartheid in South Africa and win many anti-colonial struggles. We have reached a stage in global history in which it is people, not weapons nor international institutions, that have the resilience and patience to win the legitimacy struggle involving law and morality, and on such a basis eventually prevail in the political struggle despite being inferior militarily.

 

The challenge of living together on the basis of equality seems to be the only template that offers the parties a vision of sustainable peace. Concretely, this would seem to require Israel to all ethnocratic claims that Israel is a Jewish state as distinct from being a Jewish homeland. Israel’s leaders would also have to renounce the present unrestricted right of return for Jews throughout the world or create some equivalent right of return for the Palestinians, and possibly for the Druse minority. How such a conception of a sustainable peace is given concrete form is necessarily a subject for diplomacy by suitable representative of both sides and carried on under neutral auspices and by authentic representatives of the two peoples. We cannot foretell how much further suffering and bloodshed will occur before this kind of vision, seemingly a remote prospect at present, can be converted into a practical project, but do know that nothing that falls short of this deserves to be considered ‘a solution’ given the realities of the situation.

After ‘Protective Edge’: What Future for Palestine and Israel

21 Sep

 

 

The 50-day Israeli military operation that killed over 2100 Palestinians, wounded another 11,000, and undoubtedly traumatized the entire Gazan population of 1.7 million also took the lives of 70 Israelis, of which 65 were soldiers. This last violent encounter has ended without a clear victory for either side. Despite this, Israel and Hamas are each insisting that ‘victory’ was achieved. Israel points to the material results, tunnels and rocket sites destroyed, targeted assassinations completed, and the overall weakening of Hamas capacity to launch an attack. Hamas, for its part, claims political gains, becoming far stronger politically and psychologically in both Gaza and the West Bank than before the fighting began, refusing to give in on the basic Israeli demand of the ‘demilitarization’ of Gaza, as well as further tarnishing Israel’s international reputation.

 

The UN Human Rights Commission has taken what for it is an exceptional step of appointing a commission of inquiry to investigate allegations of war crimes. The fact that William Schabas, a renowned expert on international criminal law, especially on the crime of genocide, was selected to chair the investigation is of great symbolic significance, and potentially of major relevance to the ongoing legitimacy struggle being successfully waged by the Palestinian people. Some have referred to this new initiative as ‘Goldstone 2.0’ referring back to the earlier high visibility fact finding undertaking of the HRC prompted by the Israeli military operation against Gaza in 2008-09 that had shocked the world by its ferocity and disregard for the international laws of war. Unlike Richard Goldstone, who was an amateur in relation to international law and ideologically aligned with Zionism, Schabas is a leading academic expert without any known ideological inhibitions, and with the strength of character to abide by the expected findings and recommendations of the report that the inquiry produces.

 

As earlier, the United States will use its geopolitical muscle to shield Israel from censure, criticism, and above all, from accountability. This lamentable limitation on the implementation of international criminal law does not mean that the Schabas effort lacks significance. The political outcome of prior anti-colonial struggles have been controlled by the side that wins the legitimacy war for control of the commanding heights of international law and morality.

This symbolic terrain is so important as it strengthens the resilience of those seeking liberation to bear the burdens of struggle and it deepens the global solidarity movement that provides vital support. In this respect, the Goldstone Report exerted a major influence in delegitimizing Israel’s periodic ‘mowing of the lawn’ in Gaza, especially the grossly disproportionate uses of force against a totally vulnerable and essentially helpless and entrapped civilian population.

 

The most startling result of this latest onslaught by Israel, which seems less an instance of ‘warfare’ than of ‘orchestrated massacre,’ is strangely ironic from an Israeli perspective. Its ruthless pursuit of a military victory had the effect of making Hamas more popular and legitimate than it had ever been, not only in Gaza, but even more so in the West Bank. Israel’s military operation seriously undermined the already contested claims by the Palestinian Authority (PA) to be the authentic representative of the aspirations of the Palestinian people. The best explanation of this outcome is that Palestinians as a whole prefer the resistance of Hamas, however much suffering it produces, to the passive compliance of the PA with the will of the occupier and oppressor.

 

For its part, Israel has signaled a less disguised refusal to move toward a negotiated peace under present conditions. Prime Minister Netanyahu has told the Palestinians once again that they must choose between ‘peace and Hamas,’ without mentioning that his use of the word ‘peace’ made it indistinguishable from ‘surrender.’ Netanyahu repeated his often proclaimed position–Israel will never negotiate with a terrorist organization that is committed to its destruction. Putting another nail in what appears to be the coffin of a two-state solution, Israel announced the largest confiscation of land for settlement expansion in more than 20 years, taking nearly 1000 acres of public land near Bethlehem to be added to the small settlement of Gvaot near the Etzion bloc south of Jerusalem. Some ask, “Why now?” rather than the more perceptive “Why not now?”

 

From these perspectives, the real impact of the Gaza carnage may be less the physical devastation and humanitarian catastrophe, imminent dangers of disease epidemic and $12 billion in damage taking at least 20 years to overcome, than the political effects. It looks like the suspension of inter-governmental diplomacy as a means of conflict resolution. Even the PA, seeking its political rehabilitation, is now talking about demanding that the UN establish a three year timetable for Israeli withdrawal from the West Bank. It is also threatening recourse to the International Criminal Court to empower an investigation of charges that the occupation of the West Bank itself involves the commission of crimes against humanity.

 

From these perspectives, the situation seems hopeless. The Palestinian prospects for their own state, which was the hope of moderates on both sides for many years, now seems irrelevant. Only the two-state template, however enacted, could reconcile the conflicting claims of Israeli Zionism and Palestinian nationalism. Of course, increasingly Palestinian critics questioned whether Zionism was consistent with the human rights of the Palestinian minority and its large refugee and exile communities, and tended to view the two state outcome as a triumph for the Zionist project and a sugar-coated defeat for Palestinian national aspirations. Now that it is ‘game over’ for the two-state solution, and the real struggle is more clearly being waged between competing versions of a one-state solution.

 

What can we expect? Even a sustainable ceasefire that allows the people of Gaza to recover somewhat from the dreadful ordeal of a cruel regime of collective punishment seems unlikely to persist very long in the present atmosphere. There is every reason to suppose that Israeli frustrations with the failure of its attack to subdue Hamas, and Hamas’ refusal to accept without acts of resistance the harsh realities of its continuing subjugation.

 

And yet there are flickers of light in the darkened skies. The stubbornness of Palestinian resistance combined with the robustness of a growing global solidarity movement is likely to exert intensifying pressure on the Israel public and some of its leaders to rethink their options for the future, and from an Israeli point of view, the sooner the better. The BDS (Boycott, Divestment, and Sanctions) campaign is gaining political and moral traction by the day. The kind of nonviolent international movement that unexpectedly helped cause the abrupt collapse of the apartheid regime in South Africa seems as though it might at some point push Israelis toward reconsidering whether an accommodation is not in Israel’s interest even if it requires a rethinking of what is the core reality of ‘a Jewish homeland,’ and even if it falls short of a complete reconciliation. As the experience in South Africa, and also Northern Ireland suggest, the side with the upper hand militarily does not acknowledge mounting political pressure until it is ready for a deal with its enemy that would have seemed inconceivable just shortly before it was made.

 

The outcome of the Israel-Palestine struggle is presently obscure. From the territorial perspective it appears that Israel is on the verge of victory, but from a legitimacy struggle perspective the Palestinians are gaining the upper hand. The flow of history since the end of World War II suggests a hopeful future for the Palestinians, yet the geopolitical strength of Israel may be able to withstand the intensifying pressure to acknowledge the fundamental Palestinian right of self-determination.