Tag Archives: Israeli apartheid

Making Peace: Israel/Palestine

9 Apr

[Prefatory Note:  Interview with Samu Tamás Gergő, a Hungarian journalist, April 9, 2019, on conditions of peace for the Palestine/Israel, with some initial emphasis on my experience as UN Special Rapporteur addressing human rights in Occupied Palestine on behalf of the Human Rights Council in Geneva.]

 

 

 

– Mr. Falk, you were an UNHCR special rapporteur on “the situation of human rights in the Palestinian Territories occupied since 1967” for six years. How normal is that, a UN member, Israel worked against your appointment? What is the goal in this job? The UN needs “independent” experts or members from the “two sides” (pro-Palestine and pro-Israel)?

 

The Special Rapporteurs of the UN Human Rights Council fall into two categories: most address thematic issues such as torture, religious freedom, and rights of indigenous peoples; a few deal with country scale problems, including Iran, North Korea, and the Occupied Palestinian Territories. SRs are appointed after the President of the HRC approves consensus vote of the 49 member states for a three year term, generally renewable for another three years. The position is unpaid, and SRs are not international civil servants, which gives them independence and insulates their role from political pressures to some extent. They can be dismissed only if they exceed their mandate.

 

The idea of having SRs is to secure independent and trustworthy information pertaining to a particular concern, especially of controversial issues. Reports are prepared for submission to the HRC in Geneva and the Third Committee of the General Assembly each year. The expectation is for the SR to be objective, and present both sides of contested issues.

 

My role as SR for the Occupied Palestinian Territories was sharply contested from the outset. Israel objected to the very idea of having a SR for the OPT, and did their best to get someone appointed who would report the facts in a manner that was consistent with their propaganda. I found that Israel’s occupation was so clearly and flagrantly in violation of the rules and principles of the Fourth Geneva Convention governing Belligerent Occupation that my reports were consistently critical of Israel’s behavior, especially with respect to extension of settlements to the OPT, annexation of Jerusalem, imposition of collective punishment, and use of excessive force to maintain security.

 

By and large, Israel and its main allies did not challenge the substance of my reports, but directed their complaints at my alleged bias and lack of credibility. The effort was to wound the messenger and avoid the message.

 

– What are the specific consequences of such reports? In addition to forcing the violators of international treaties into self-restraint, is Israel in this case?

 

It is difficult to assess the precise effects of these SR reports. Israel rejects the validity of inquiries under UN auspices, claiming bias and sovereign authority. It also refuses, contrary to its obligations as a UN Member to cooperate with SRs and most UN activity that its administration of Jerusalem’s sacred sites. At the same time Israel is sensitive to the impact of such reports on world public opinion, and relies mainly on Zionist. Watchdog NGOs, UN Watch and NGO Monitor to push back by doing their best to discredit the reports most often by questioning the credentials of the author.

 

The reports on Occupied Palestine did have two broad effects. First, their assessments influence the way issues bearing on Palestinian rights and Israeli wrongs are discussed at the UN, by some important governments, by NGOs, and especially by non-Western media. I remember meeting with the Foreign Minister of Brazil who told me that his ministry relied on these SR reports to obtain their understanding of developments in the OPT.   Over the years the role of SRs has gained in stature as their reporting provides generally reliable information, and their independence, including of the UN bureaucracy has. created credibility and some respect for willing to accept such a position that entails much work, no pay, and can be met with defamatory responses.

 

The. second impact of the reports is to confer legitimacy on pro-Palestinian nonviolent initiatives in civil society throughout the world. The most meaningful such initiative is the BDS Campaign (Boycott, Divest, and Sanctions). There are other initiatives that involve cutting off institutional cooperation between academic institutions in Israel and other foreign countries, such as study abroad programs. Israel is aware that such global solidarity efforts were a principal cause of the collapse of the apartheid regime in South Africa. Israel seems to regard this legitimacy war conducted against their policies and practices as now posing a larger threat than armed resistance by the Palestinians.

 

In particular, Israel has been affected by the increasing acceptance of the view that its form of control of the Palestinian people as a whole constitutes apartheid, which according to the Rome Statute governing the International Criminal Court is one type of Crime Against Humanity, as specified in Article 7. The assessment of Israel as an apartheid state was the principal conclusion of a UN report in 2017 of which I. was the co-author prepared at the request of. the UN under the auspices of the UN Economic and Social Commission for West Asia (ESCWA).

 

Overall, I think we can conclude that these reports are important although they fail to modify Israeli behavior to alter their policies and practices to bring them into conformity with international law. Their importance is informational and with potential impacts on international public opinion, which often translates into soft power, and this has been more important in the end in shaping the political outcome of many conflicts since World War II than has hard power.

 

– What about the imprisoned Palestinians? Are interrogations and other prison conditions in compliance with the international law and Israeli law?

 

Israeli practices with respect to imprisonment has come under constant criticism, especially with respect to the treatment of children, reliance on administrative detention, torture, and unsanitary conditions. Particular attention has been to the Israeli practice of nighttime arrests, taking children from their homes in the presence of their parents, often with accompanying violence that has terrifying effects that are. long-lasting. Children are giving heavy prison terms for minor acts of symbolic resistance to prolonged Israeli occupation, including the throwing of stones at distant soldiers that have been rarely if ever been injured as a result. There are reliable studies of Palestinian children in Gaza that reveal severe demoralization even to the extent of losing a will to life itself. Suicide rates among adolescents and young adults have been rising.

 

Another violation of international standards is to take those arrested to prisons outside occupied Palestine located within Israel. This deprives prisoners of family visits, and isolates prisoners in a cruel manner over prolonged periods of time.

 

There have been frequent long hunger strikes in Israeli prisons protesting conditions. Israel, contrary to international medical ethics, has tried to force feed fasting individuals to avoid their dying in such a way, thereby creating adverse publicity.

 

There are several published collections of prison writings that convey the abuse of human rights associated with the manner in which Palestinians are treated by Israeli administering authorities.

 

– You told me earlier, “extension of settlements to the OPT, annexation of Jerusalem, imposition of collective punishment, and use of excessive force to maintain security” are the main violations of the Geneva Conventions. What is your opinion about the new situation with Jerusalem?

 

I assume that here you are referring to the 2017 initiative by the Trump White House to move the American Embassy from Tel Aviv to Jerusalem. Such a move defies a deeply held longtime international consensus. The UN position is that Jerusalem has. been ‘occupied territory’ according to international law since the 1967 War and it is hence unlawful to alter its status in any way that interferes with its societal character and status. The proposed embassy move was condemned as null and void, with a demand to rescind the decision, by a one-sided UN General Assembly vote. (see GA Res. 11935, 128-9-35 absentions, 21 December 2017). The future of Jerusalem is a matter that according to this global consensus can only be settled by negotiated agreement between the two parties for which there is no present prospect. The United States defied the General Assembly and officially moved the U.S. Embassy to Jerusalem on 14 May 2018. From an international law and diplomacy points of view, the status of Jerusalem remains unresolved.

 

Israel defied this consensus immediately after the 1967 War by unilaterally annexing Jerusalem, enlarging its territory by incorporated large additional amounts of Palestinian occupied land, and declaring that an undivided Jerusalem would be the eternal capital of Israel. This annexation of Jerusalem was condemned by the UN Security Council in Resolution 478 (by vote of 14-0, with USA abstaining, 20 August 1980). As with the embassy move, this Israeli initiative was a violation of the law governing belligerent occupation, as set forth in the 4thGeneva Convention, including especially the unconditional prohibition on states acquiring territory by force of arms. As such, the annexation lacks any legal significance, but it does create a political set of conditions that are difficult to reverse, and become more so, given the long passage of time.

 

Thinking ahead to the future, there will be no genuine peace until the claims of the Palestinians with respect to Jerusalem, which also reflect the wider claims and concerns of especially Islam, but also Christianity, are given formal recognition. The future of Jerusalem is a test case of whether the Palestinian right of self-determination will be someday realized, or will be forever frustrated by Israeli expansionism reinforced by the geopolitical support it receives from the United States, which has been carried to new heights under the Trump presidency in ways that have brought strong denunciations from governments traditionally supportive of Israel and allied with the United States.

 

– As far as I know, you have Jewish ancestry. Does this mean you ethnically Jewish and/or religiously? Nonetheless, you were called “antisemitic”, because you criticized Israel. In is your opinion is the Jewish community in the US mostly Zionist, or is there a relatively strong part of the Jewish community that recognizes the right of Palestine to have an independent, internationally recognized,  and sovereign state?

 

To respond to the personal part of your question first, yes I am Jewish genetically, but neither culturally nor religiously. By this I mean I was brought up in New York City in a secular and assimilationist atmosphere where what was important was to be ‘American’ and ‘human’ rather than to emphasize ethnicity or religious identity. My parents were extreme versions of secularism, and this prompted a reaction that may explain my strong lifelong interest in comparative religion. In my own identity, I consider my species identity as ‘human’ to be primary, and other signifiers,  including nationality, to be secondary.

 

The reason I have been called anti-Semitic by militant Zionist NGOs and their followers is because I support the national struggle of the Palestinian people for their rights, and I have in the context of UN activity described Israel as ‘an apartheid state.’ This description of Israel is based on the academic study of Israeli policies and practices toward the Palestinian people as a whole, and not only those living under occupation, in relation to the crime of apartheid as defined in international criminal law. It is unfortunate, and harmful to Jews, for Zionists to extend the meaning of anti-Semitism from hatred of Jews to criticism of Israel. In my view only when Israel dismantles its apartheid structures of control over Palestinians will sustainable peace be attainable for both Jews and Arabs.

 

Turning to the part of the question concerning the outlook of Jews in America, according to polls more than 85% of Jews do consider themselves to be Zionists in the minimal sense of supporting the existence of Israel as a. Jewish state. But a growing minority of Jews is critical of the Likud/Netanyahu leadership of Israel, and an even larger number would favor a balanced approach by the US Government to the relationship between Israel and Palestine. This latter Jewish viewpoint is usually identified with what is called ‘liberal Zionism’ that tends to favor a two-state solution. In American domestic politics the split is obvious in Washington lobbying groups. AIPAC is unconditionally pro-Israeli, and with rare exceptions refrains from criticism of Israeli wrongdoing, adopting a punitive approach to those who like myself are critical of Israel.  J-Street is a smaller lobbying organization representative of liberal Zionism that is critical of some Israeli policies while being avowedly pro-Israeli, while lending support to the. two-state solution.

 

My own position is critical at this stage of all forms of Zionism. I believe the original failure of the Zionist project was to impose a Jewish state on a non-Jewish society. It is important to remember that at the time of the Balfour Declaration (1917) pledging British support for a Jewish homeland in Palestine the Jewish population was less than 8%, and even in 1947 when the UN General Assembly recommended partition, the Jewish population was about 30%. What this means is that from the very beginning the inalienable right of self-determination of the resident Arab population was being ignored and an essentially settler colonial arrangement was being promoted and later imposed by force.

 

I agree that as of now, however dubious the earlier history, the Jewish population must be accommodated in any future peace agreement, but I am very doubtful that this could or should be done within a framework of two separate sovereign states. Israel by its deliberate actions over many years has made this outcome a practical impossibility. The encroachment of more than 600,000 Jewish settlers onto occupied Palestine cannot be reversed by nonviolent means. In this regard, the only sustainable peace would be a single democratic secular state with the protection of human rights for all. Ethnic or religious states are by definition suppressive of minority rights, and thus inconsistent with the modern commitment to human rights as originally set forth in the Universal Declaration of Human Rights.

 

Such a one-state solution is not endorsed by liberal Zionism as it would mean the abandonment of the core idea of ‘a Jewish state’ as a sanctuary of the Jewish people. It is my view that Jews and others would be better off in a secular environment dedicated to the implementation of human rights for all. True an ethnic state may impose a protective regime for the favored ethnicity but it is likely to arouse enmity among other ethnicities, and over time likely to generate external pressures. The underlying challenge for all communities is to live together humanely on the basis of equality.

 

What is your opinion, could be peace and two separated but cooperative states in the territory of Palestine/Israel in the near future?

 

Earlier, I was of the view that it is up to the parties to decide how to reconcile their overlapping claims to self-determination in Palestine. I thought that the Palestinians had suffered for too long from external. political actors seeking to shape the future of Palestine. The Balfour Declaration in 1917 and the UN partition resolution of 1947 were both interferences by international actors as to how the conflict over Palestine should be resolved. It was time, I felt, to let the two peoples to work out their own solution. In retrospect, there were problems with my position: First, it was not clear that the Palestinian people were being legitimately and adequately represented within international venues, especially after the death of Yasir Arafat. This raised the question, still not answerable, of who could speak authoritatively on behalf of the Palestinian people. Secondly, the disparity in power, accentuated by the U.S. role as a partisan third party intermediary, presiding over the diplomatic framework, made it unlikely that a sustainable peace could be negotiated by relying upon such a flawed process.

 

In recent years, I have shifted my view to a one democratic state position. Israel through a variety of actions, including expanding the settlements, building the wall, establishing security zones has made it a practical impossibility to establish an independent, equal, sovereign state of Palestine. Furthermore, Israel’s leadership and public opinion feel triumphant, especially with Trump in the White House, and no longer feel the need for a political compromise, and seem to be moving step by step toward imposing their own apartheid version of a one-state solution on the Palestinian people.

 

It is true that the UN and the international community continue to affirm the two-state solution as the only viable outcome if peace is the goal. Why, when it is so obviously a dead-end? To abandon the two-state approach would acknowledge the failure of UN and international diplomacy. Additionally, the durability of two-state thinking results from the influence of Zionism on the international approach to peace. A democratic and secular one-state would necessitate giving up the goal of a Jewish state, requiring a retreat to the original Balfour pledge of a Jewish homeland, and involve a major Zionist downsizing.  Such a retreat is a necessity, in my view, if there is ever to be a political arrangement for Palestine based on the essential equality of the two peoples and creating the conditions for a sustainable peace.

 

The reason for a mood of despair is obvious. What is desirable seems politically unattainable, while what is attainable seems unacceptable. Under these conditions false consciousness is bound to flourish. To overcome this mood of despair, we should not look to the UN or the United States. Our best hope for a just peace for both peoples is a heightening of pressure from civil society to such a level as to prompt Israeli leaders and the Israeli public, as well as diaspora Jewry to. recalculate their own interests so as to incorporate the realization of basic Palestinian rights.

 

  

 

 

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Challenging Pitzer/Haifa Study Abroad Program: Can Civil Society Act?

22 Mar

[Prefatory Note: The post is an open letter to the President of Pitzer College urging support for reconsideration of his veto of a resolution urging the college to suspend its study abroad program with the University of Haifa until Israel ends its discriminatory policies in the educational sphere that affect Palestinians and anyone exercising rights of free expression in a manner that Israel disapproves, and more. specifically the BDS Campaign. With the UN unable to bring peace, the long failed effort at. American-led diplomacy, and now Trump in the White House it.  is time for civil society to speak and to act.]

 

 

March 19, 2019

 

Open Letter to the President of Pitzer College, Melvin L. Oliver:

 

I write in response to your reported decision to overrule the vote of the Pitzer Student/Faculty/Staff Council urging the suspension of the Study Abroad program of Pitzer with the University of Haifa until Israeli discrimination on the basis of race and legally protected political speech with respect to entry and issuance of visas ceases. Through your statements supporting the rejection of this vote by this representative campus body, you are using your executive position to make your judgment prevail over the decision of the democratic procedures in place to reflect the collective judgment of the Pitzer College community. I find this troubling for both procedural and substantive reasons, and from what I have heard, demoralizing and disillusioning for many persons on and off the campus. 

 

Your statements rely on two broad arguments. First, that the business of Pitzer College is to promote education, not social justice, and that some students might be deprived of valuable educational opportunities. And secondly, that Israel’s alleged wrongdoing is certainly not worse than that of several other countries, and singling out Israel is thus applying double standards and is unfair and hence “political.” These objections raise important issues, but they do not, in my judgment, outweigh the case for supporting the resolution mandating the suspension of this Study Abroad Program until the conditions in the resolution are met.

 

I have had occasion to consider these arguments and to study comparable issues over the course of six years (2008–2014) in my role as UN Special Rapporteur for Human Rights in Occupied Palestine. It was clear that the UN–and indirectly, the United States had a special responsibility with respect to both the State of Israel and the Palestinian people that goes back to the establishment of the state of Israel in 1948 that is different and. more pronounced than that toward other victimized peoples around the world. Furthermore, as a result of a collaborative report of which I was one of the two authors, written as an independent academic study under contract with the UN Economic and Social Council for West Asia, it was concluded that the victimization of the Palestinian people as a whole was dependent on Israeli apartheid state structures associated with upholding a state that by its own Basic Law limits the right of self-determination exclusivelyto the Jewish people. On the basis of my experience at the United Nations, it is overwhelmingly clear that Israel discriminates against Palestinians with respect to entry into its educational institutions and also withholds visas and rights of entry to those from the United States and elsewhere who have exercised their human right of free expression in ways that Israel deems critical of its policies, with a particular animus exhibited against those who support the BDS Campaign.

 

In so many respects, a preoccupation with Israel’s conduct is appropriate within an American setting.

 

The United States has presided over a failed peace process for more than twenty years. Against this background, it is obvious that Palestinian basic rights have not been achieved either by the UN, by traditional diplomacy, or by international mediation, and there is no prospect of this changing in the near future. The hope for a sustainable peace for both peoples is the continuation of Palestinian resistance and nonviolent transnational solidarity initiatives of civil society. The BDS Campaign has this objective, as had the analogous movement directed at apartheid South Africa, which finally brought a change of governing policy and sustained racial peace under circumstances in which it was deemed by many outside observers as impossible. This attempt at signaling to Israel and to the world that a study abroad program is unacceptable so long as it operates in accordance with discriminatory standards is part of this struggle for peace and justice in Israel/Palestine. Pitzer College should be proud of its stand, and it should certainly not be blocked by an administrative fiat.   

 

As someone who has been active as a faculty member for more than 50 years, I would take issue with your distinction between the promotion of social justice and the pursuit of educational goals. It is my experience, reinforced by feedback from many students, that the most valuable educational and learning experience during their time at college was their moral engagement with social issues confronting society at the time. College education at its best should involve moral empowerment by way of commitments on issues that challenge conscience. In this controversy about acceptable standards of a study abroad program, the link between social justice and education is organic. As well, taking a stand on a question of this sort relates to the sort of civic education that helps orient younger people to be active in their participation as citizens of a vibrant democracy, and deserves to be considered as part of the educational mission, and not outside of it.

 

It is my understanding that this is the first instance in the history of Pitzer College in which the president has vetoed a resolution. I would urge you to respect a community consensus on this matter of such deep political conviction and moral commitment. It is certainly the case that reasonable people can weigh the issues at stake in opposite ways, and so the ultimate question at issue is whose voice should prevail. By rejecting the voice of the college community, you are creating tensions that will not subside. If you chose to defer, while setting forth your reasons for disagreement, your actions would create the kind of broader understanding of those invaluable aspects of education that occur outside the classroom in the course of a benevolent college experience.

 

Finally, I should express my own personal interest in having Pitzer do the right thing in this challenging situation. My son, Dimitri, graduated from Pitzer about 25 years ago, having had a wonderful college experience that I and his mother greatly appreciated. I also had the honor of being a speaker at the installation of the preceding president of Pitzer College, which gave me an occasion to renew my affection for the place.

 

Sincerely,

 

 

 

 

Richard Falk

Professor of International Law, Emeritus, Princeton University

Distinguished Research Fellow, Orfalea Center of Global Studies, UCSB     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                               

‘The Arab International Forum for Justice for Palestine’ (Beirut, 29 July 2018)

1 Aug

‘The Arab International Forum for Justice for Palestine’ (Beirut, 29 July 2018)

 

[Prefatory Note:I was invited to attend and speak at this Forum to be held for one day in Beirut on July 29, 2018. My initial impression after experiencing a 90 minute airport line for those carrying foreign passports to gain entry to Lebanon was that the conference was incredibly disorganized. There was no program available to the participants even after the Opening Ceremony began in a packed hotel auditorium with a crowded and passionate gathering of persons dedicated to justice for Palestine, hailing from many countries, from as far away as Mumbai and San Francisco, including diplomats, religious personalities dressed in traditional garb, and those who had kept faith over the years with the Palestinian struggle. Not surprisingly, the Irish participants stirred the crowd with their fiery eloquence, and shared experience of a somewhat similar prolonged struggle. The Forum was a microcosm of what Palestinian inclusiveness looks like. I was not really surprised that Ramsey Clark was the beloved Honorary Chair of the Conference, and learned that only a recently broken hip kept him away.

 

There were many moments of personal satisfaction during my longone day visit (that seemed like three), including a warm coffee chat with Rabi’ Bashour, recalling our ESCWA experiences, and discovering that his venerable father, Maan, was the heart and soul of the Forum, both as moderator of the event and throughout the entire process from its origins. The guiding idea of the Forum is to establish a platform that is wide enough to accommodate all tendencies in the Palestinian national movement provided there is evidence of dedication to justice for the Palestinian people. This meant Fatah and Hamas in the same room, religious figures and firmly secular persons, representatives of trade unions, student organizations, prisoner and detainee family members, women’s group, members of parties from the far left and the center (I didn’t sense any right wing participation). It was the central task of the Forum to keep this symbolic expression of Palestinian unity in robust good spirits, and only secondarily, to address matters of substance. The unspoken dream of the occasion was that the success of the Forum would lead the political leaders of the now deeply divided Palestinian movement to put aside their differences and achieve sustainable unity to pursue together the far greater convergence of goals at the core of their struggle.

 

There was a call from the podium at the outset for ‘practical proposals’ rather than just ‘speeches,’ but rhetorical style is almost impossible to discipline, and so there were an assortment of speeches mainly validated by frequent emotional flourishes throughout their delivery, yet in fairness there were several promising concrete suggestions for action initiatives.

 

I came to appreciate greatly the anarchistic style of hospitality, above all by Nabil Hallak, the guiding spirit with no observable capacity for conventional organization beyond a restless vitality that made us all feel welcome, appreciated, and well cared for. Once I relaxed about the chaotic logistics enough to go with the flow I enjoyed being in such a setting, and everything important worked out somehow. It turns out Nabil has a most gracious wife, has fought in Palestinian resistance, and as a result possesses a body that was pierced by nine Israeli bullets; nevertheless, Nabil is modest about his past, projects a joy-for-life espritand has an obvious intense dedication to the Forum as an ongoing political project. He is close to Tima Issa, a TV producer in Beirut with whom I had done a program a year ago, who extended the initial invitation and made the social dimension of my brief visit both enjoyable and memorable.]

  1. There was bright sunshine throughout the entire Forum thanks to the announcement that Ahed Tamimi and her mother were released on that very day, and boldly reaffirmed their abiding commitment to resistance. This teenage Palestinian icon from the West Bank village of Nabi Saleh had completed an eight month jail term for slapping an IDF soldier after her cousin had been shot in the face. Instead of exhibiting empathy for Ahed Tamimi, Israel exhibited its vindictive approach to the Palestinian reality by jailing such a sensitive young woman rather than acting in a civilized manner by exhibiting sympathy for the normalcy of her reactions, indeed their dignity, to being a witness of such brutality by an agent of the Israeli state.

 

 

The Tamimi family were prominent resisters before ‘the slap heard  around the world.’ It was evident by the frequent reference to Ahed by speakers at the Forum that her show of defiance and youthful exuberance was worth a thousand missiles, expressing not only sumud, but also the conviction that nonviolent resistance can become transformative if adapted to the realities of an oppressive situation. Of course, not a word in theNY Timesabout Ahed’s release, while papers in Lebanon wrote complementary feature stories with sympathetic pictures of this heroine, and in every Turkish paper I saw her release was a front page story. Ahed seems comfortable with the prominence of her role despite being so young. As far as the eye can see, Ahed seems completely unintimidated by the immediate shadows cast by the harshness of Israel’s response to this totally innocent gesture of resistance.

While celebrating Ahed’s release, we should also pause to remember Razan Al-Najjar, the heroic 21-year old medic tending the wounded at the Gaza Great March of Return fatally shot on June 1st by an IDF sniper in cold blood while well apart from the demonstrators, away from the fence, dressed in easily identifiable white medical clothing, working in the vicinity of Khan Yunis.

We should also salute Dareen Tatour, fine young Palestinian poet, author of the poem ‘Resist My People, Resist Them,’ sentenced to five months in prison just now for the sin of writing defiant poetry, having only recently been released from years of house arrest, denied access to the internet, and even to her own village community.

 

 

  1. There was one feature of the Forum that made me increasingly uncomfortable as I listened to speaker after speaker pour cold water on Trump’s promise, or was it a threat, to end the conflict with ‘the deal of the century.’ When it came my turn to speak I started by admitting that I was astonished that so much attention was given to this catchy phrase used by Trump. According so much attention gave the still undisclosed U.S. proposal a political weight it didn’t deserve, and could put the Palestinians in an unnecessarily awkward, defensive, and combative position. I pointed out that Trump’s erratic approach to the world since he became president had weakened greatly the U.S. global leadership role, and that his extreme partisanship with respect to the Palestinian struggle had reduced to zero American credibility as an impartial or constructive arbiter in relation to the future of the two peoples. U.S. credibility as a peacemaker had long ago been convincingly challenged, for instance, in the devastating book by Rashid Khalidi, Brokers of Deceit, and even more comprehensively by Jeremy Hammond in his important book, `Obstacle to Peace: The US Role in the Israeli/Palestinian Conflict (2016). It seemed to me that the words ‘the deal of the century’ had entranced and bewitched this Palestinian audience, leading to a fear that Trump had put them on a road leading to a political dead end for the Palestinian aspirations, crushing their struggle by being tricked into such a spiderweb of bombastic irrelevance.

 

What the U.S. seems ready to offer, what Israeli leaders have been talking about more and more openly, is that if the Palestinians abandon their rights along with their dreams, ‘peace’ becomes possible. This includes abandoning political goals associated with the right of self-determination. If the Palestinians are so foolish as to do this, then they can become hapless beneficiaries of ‘an economic peace’ courtesy of Israel’s generosity and charitable nature. The deal of the century reduced to substance is little other than ‘geopolitical bribery,’ exchanging some dollars for inalienable rights. In such a bargain the devil is NOT in the details, but is the essence of what is being proposed. Of course, there are almost certain also to be humiliating details involving various aspects of permanent submission by the Palestinians: acceptance of uncontested Israeli control of Jerusalem, a complete denial of any right of Palestinian refugees or exiles to return, and a series of master/servant economic arrangements. My pitch at the Forum was to put ‘the deal of the century’ in its proper perspective by ignoring it, or if it must be mentioned, then reframe all references to the deal that is less a deal that an attempted diktatby identifying it as an attempt to commit ‘the crime of the century!’

 

  1. I highlighted the second observation in my presentation by quoting the opening line of Charles Dickens’ A Tale of Two Cities: “It was the best of times, it was the worst of times.” I felt this kind of interface well depicted the current situation of the Palestinians. It was the worst of times because the alignments in the Arab world together with the geopolitical forces seemed to favor the Zionist Project to an unprecedented degree. The major Arab governments were moving toward postures of ‘normalization’ with Israel without any longer insisting on the precondition of reaching a sustainable peace with the Palestinians. This regional setback weakened Palestine diplomatically, and materially. At the same time the Trump presidency has made no secret of its endorsement of maximal Zionist goals, agreeing to whatever Israel (and Saudi Arabia) wanted. Above all this involved ramping up a confrontation with Iran. Europe was unhappy with these developments, but has so far lacked the energy, incentive, and leadership to play a more balanced role so as to keep alive its supposed commitment to keep burning the barely flickering flame of ‘a two-state solution.’ In other words, from the international community of states, the best that can be hoped for at this stage, is a renewed show of support for the two-state mantra, itself moribund.

 

In sum, if Palestinian prospects are interpreted through the prism of standard international relations, the outlook is dismal, and not by chance this is the line being pursued by the Middle East Forum, an ultra-Zionist NGO. Its chosen mechanism is a rather diabolical scheme labeled ‘the victory caucus,’ which is actively recruiting, with a disturbing degree of success, members of the U.S. Congress and the Knesset. It wants the world to understand that since international diplomacy is dead and with Trump in the White House the occasion offers Israel the opportunity of adopting more muscular tactics to make the Palestinians understand that their game of resistance is over, that to avoid collective suicide there is no alternative left to the Palestine other than political surrender. And if the Palestinians are wise enough to accept this line of thinking, then they could become beneficiary of some variant of economic peace as a sign of Israeli gratitude.

 

Fortunately, this is not the true or real, much less the whole, story. Several recent developments have created new and promising opportunities for the Palestinian national movement to move its own agenda forward. These developments involve a welcome shift of the center of gravity of the Palestinian movement from reliance on inter-governmental initiatives, including those pursued at the UN, to a phase of struggle that combines new modes of Palestinian resistance with a rapidly expanding global solidarity movement. This solidarity movement is receiving a great boost in credibility as a result of the militant support that BDS campaign is receiving in South Africa. In effect, on the basis of their experience of racism, South Africa is delivering this urgent message to the world: we alone know the full horror of an apartheid regime, and what Palestinians are daily experiencing is a form of apartheid that is even worse to what we endured, and finally overcame by a struggle that combined the brave resistance of our people with solidarity of the world; although the circumstances are far different, apartheid in Israel can be overcome by a similar shift in the balance of forces due to an intensifying popular struggle neutralizing the repressive capabilities of military and police domination.

 

I mentioned two developments of particular importance in the emergence of this altered scenario of struggle. First, the Israeli nation-state law of the Jewish people that by its bluntness in asserting the exclusivity of Jewish rights in Israel, including that of self-determination, amounted to a formal adoption of an apartheid ideology by Israel in all but name. In effect, this development vindicated the conclusions of the ESCWA report on Israeli apartheid prepared by Virginia Tilley and myself that was condemned so fiercely by the Israeli ambassador, and even more so by Nikki Haley, the American ambassador at the UN, when it was released in March 2017. As the discourse at the Forum and the mainstream media now illustrate, it is no longer controversial to attribute apartheid to the particular Israeli mode of dominance imposed on Palestinians. What makes the nation-state law so politically helpful in this respect is that the relation of the Israeli state to its Palestinian minority was, although discriminatory, far more benign than their behavior toward refugees or Palestinians living under occupation in the West Bank, Jerusalem, and Gaza. Thus to acknowledge apartheid as the modus operandiin Israel itself is like a signed voluntary confession as to the character of overall domination.

 

Such an interpretation of the nation-state law is important for mobilizing popular support for more militant forms of solidarity with respect to the Palestinian people. Apartheid is an international crime, one type of crime against humanity that is set forth in Article 7 of the Statute governing the operations of the International Criminal Court, and deprives Israel of the propaganda value of claiming to be the only democracy in the Middle East.

 

The second development that creates opportunities for advancing the Palestinian struggle is the exposure of the violent nature of Israel’s control mechanisms by its reliance on grossly excessive force in calculated response to the Great March of Return. These demonstrations at and around the Gaza fence are demands to implement the most fundamental of Palestinian rights as set forth by international law. Killing unarmed demonstrators with live ammunition exposes to the world the violent nature of Israel’s structures of domination. This use of lethal force at the Gaza border recalls vividly the Sharpeville Massacre in 1960, which many commentators identified as the point of no return for South African apartheid, revealing the true racist nature of its governing process to the world.  The Gaza massacre is actually far worse than Sharpeville, as the wilfull killing has now been repeated on a series of occasions. Further, the deliberate targeting of unarmed Palestinians has been documented, including the shooting of health workers attending those wounded in temporary facilities set up at a considerable distance from the Israeli border.

 

It is the extreme character of these two developments that provides this golden opportunity to civil society activists and their organizations to mobilize wider and deeper support for the Palestinian struggle. The BDS Campaign, already in its 13thyear, becomes more central in this effort to isolate Israel internationally and emphasize the criminal illegitimacy of Israeli apartheid. It is appropriate to mention that South Africa sought to demonize opposition to its racist policies by dubbing activists as ‘terrorists’ or ‘Communists.’ Israel uses a similar rhetorical tactic by branding its critics and activists as ‘anti-Semites.’ Although Israeli apartheid is different in many aspects from South African apartheid with regard to both internal and international contexts, both instances of apartheid involve structures of subjugation based on race with the overriding purpose of maintaining domination of one race, and the victimization of the other. South African apartheid proved vulnerable to resistance and solidarity initiatives. It is my belief that the opportunity now exists, more so than ever before, to establish a comparable vulnerability with respect to Israeli apartheid.

 

It should be appreciated that the great unlearned lesson of the last half century is that military superiority has lost much of its historical agency. The colonial wars were won by the weaker side militarily. The Vietnam War was lost by the United States despite its overwhelming military superiority. The side that control the heights of legal, moral, and political opinion most usually controls the political outcome. The Palestinians have been winning the legitimacy war to achieve such control, and so now is the time for soft power militancy to finish the job.

 

  1. Despite the implicit acknowledgement of apartheid by the adoption of the nation-state law as Basic Law of Israel, that is, as not subject to change except by enactment of another law with Basic Law status, it seem helpful to reassert the relevance of the ESCWA Report. That study, arousing great controversy at the time of release, is no longer as relevant or as needed for purpose of debating whether or not Israel is an apartheid state. Even before the Basic Law innovation, the evidence of Israeli practices shows, as the Report argues, that Israel is an apartheid state. The Report remains relevant, however, to obtain a better understanding of the distinctive and comprehensive nature of Israeli apartheid.

 

For one thing, the Report examines the allegation of apartheid from the perspective of international law as it is set forth in various authoritative places, especially the 1973 ‘International Convention on the Suppression and Punishment of the International Crime of Apartheid.’ Secondly, it argues on the basis of evidence that Israeli apartheid extends to the Palestinian people as a whole, not just to those living under the dual legal systems of the West Bank or as the discriminated minority in Israel. The apartheid regime developed by Israel applies also to the refugees confined to camps in neighboring countries and to those Palestinians living in Jerusalem, which is governed as if it is already wholly incorporated into the state of Israel. We reaffirm the central conclusion of the Report that the only valid path to a sustainable peace for both peoples requires the priorrejection of the ideologyand the dismantling of the structuresof apartheid. Any other purported peace process will produce, at most, a new ceasefire, most likely, with a very short life expectancy.  A secondary conclusion is that as a matter of law, all governments and international institutions, as well as corporations and banks, have a responsibility to do their utmost to suppress the crime of apartheid as being perpetrated by the leadership of the state of Israel. It also would follow that lending assistance to Israel either materially or diplomatically is now unlawful, aiding and abetting a criminal enterprise.

 

Conclusion: The time is ripe for civil society to represent the Palestinian people in their struggle against the Israeli apartheid regime. This struggle is just and the means being pursued are legitimate. Resistance and solidarity are the vital instruments by which to challenge apartheid, and its geopolitical support structure. This was the path that led to the collapse of South African apartheid, and a similar path is now available for the Palestinian struggle.

Parallel Universes: Vietnam and Palestine

26 Nov

 

 

Not surprisingly, my sixth visit to Vietnam stirred many memories, among them, a recognition of the parallels between the Vietnamese and Palestinian experiences, two peoples who have meant so much to me over the course of my adult lifetime. I visited Hanoi in 1968 in the midst of the American war that was devastating the country and its population, causing more than three million deaths and deliberately injuring the environment and its human surrounding by using vast quantities of Agent Orange, containing the highly toxic chemical Dioxin. Agent Orange was being used to defoliate large areas of the countryside in the South as a tactic against revolutionary Vietnamese forces who were taking advantage of the wooded countryside to mount their attacks. The legacy of Agent Orange continues grimly to remind people of the war, giving rise to anguished societal suspicions of current contamination that seems confirmed by the continuing occurrence of birth deformities in certain provinces that far exceed normal statistical expectations. The Vietnamese mention this ongoing tragedy in muted tones as the government worries that it might hurt Vietnamese plans to increase their exports of agricultural products. It is part of the present atmosphere in which the war/peace preoccupations that I encountered when I visited Vietnam during the war have now been replaced by according the highest policy priority to economic growth and poverty reduction.

 

The Vietnam/Palestine parallel should not be understood as a claim of similarity. The two experiences are each highly distinctive, reflecting many particular features of the cultural, historical economic, and political experience of each country, as well as the specificities of relations to their regional neighborhood and global setting. At the same time these two peoples do share defining experiences of prolonged victimization intertwined with bitter resistance struggles because their desired national narrative collided with the geopolitical ambitions and commitments of the United States. In Vietnam the United States assumed responsibility for a colonial war already lost once by France in 1954, and pursued it with almost unrestrained fury for more than a decade before renouncing the quest in 1975, and slinking home in thinly disguised defeat. The supposed stakes of the conflict for the United States in Vietnam were mainly measured and justified in the ideological currency of the Cold War, holding the line in Asia against Communism after ‘the loss of China.’ According to the principal justification for the war, Vietnam was an Asian domino, which if it fell to national liberation forces, would lead to a rapid spread of Communism to Vietnam’s neighbors, which was then interpreted in Washington to mean the expansion of the Chinese sphere of influence.

 

Of course, the ideological and geopolitical motivations were packaged, as usual, with sleazy propaganda about the defense of freedom and the protection of South Vietnam against aggression from the North. This imposed division of Vietnam was itself a figment of the last stage of the Western colonial imaginary that tried to make the world believe that borders of geopolitical convenience took precedence over the the fundamental right of self-determination, which reflected the organic unities of history, tradition, and national identity. Eventually, as in most other anti-colonial struggles the national movement eventually prevailed during the period after 1945, enjoying in Vietnam the benefits of inspired political, military, and ideological leadership in the persons of Ho Chi Minh, General Vo Nguyen Giap, and Le Duan, and a historical tradition of many centuries of success in defending national territory against foreign invaders, especially the Chinese. What is more, not only were the Vietnamese strengthened by this historical tale of victory. They were equally proud and sustained by an extraordinary record of post-conflict reconciliation with prior enemies that many other governments and societies could do well to heed. Political leaders in Hanoi enjoyed telling foreign visitors during the war how the Vietnamese prepared a farewell banquet for their Chinese intruders once they opted for peace, and decided to return home with the obvious implication that if the Americans stopped the war, friendship could follow, not recrimination and bitterness.

 

Never did I understand better the Communist slogan that our enemy is the government not the people than when I came to Vietnam in 1968 as an American peace activist. What I felt with a depth that could not be staged was the genuineness of these sentiments, then strongly associated with the teachings and beliefs of Ho Chi Minh. This attitude, so different than what I had experience as a child growing up during World War II, was epitomized by Ho’s appreciation of the American Declaration of Independence that Vietnamese school children were made to read and think about about throughout a war in which American planes were daily dumping tons of explosives on the villages and towns of an almost defenseless people. I remember driving in the beautiful Vietnamese countryside during the visit and being told by a government official that the driver’s entire family had been recently killed by a bombing strike, but that if an American plane were to attack us now he would risk his life, if necessary, to save yours. I felt moved at the time because it seemed so sincere, and consistent with all that I felt during my two weeks in the country at a time of its great national hardship, including shortages of food and medicine. The Vietnamese even in these dire circumstances were ready to give so much more than I was capable of giving!

 

My experience with the people of Palestine, whether living under occupation, as a minority in Israel, or in refugee camps, or in a global diaspora has many equivalent moving moments, maybe even more that were accompanied by tears either of grief or laughter. Both peoples exhibit resilience of will, virtue, love, and a lively comedic sense of reality that exceeds what seems imaginable. Beyond this, in the case of the Palestinian people their struggle continues to be maintained against seemingly overwhelming odds if the calculus of ‘political realism’ is to be trusted, which never seems to lose credibility no matter how often it errs. There are crucial differences between the principal adversary facing the Vietnamese and the Palestinians. It is this subjectivity of the oppressive forces that is not widely enough appreciated. Both the French and Americans, although investing heavily in their respective wars, always had a Plan B, a metropole to which they could retreat from Vietnam if the cost of the overseas campaign became too high.

 

For the Israelis, although many Jews as individuals do hold a second passport, there is no Plan B, no homeland other than that established by the Zionist settler colonial undertaking from its inception toward the end of the 19th century. These Zionist high stakes help explain the sense of justification with regard to the dispossession and suffering of the Palestinian people. What the Israelis may, however, be forced to consider in the future, if adverse pressures from the combination of Palestinian national resistance and global solidarity initiatives becomes threatening enough to make attractive to Israelis the choice of Plan C, that is, ‘a just peace’ based on the equality of the two peoples.

 

Such a drastic shift of Israeli objectives would necessitate both rolling back the idea and mechanisms of an exclusionary Jewish state, that is, abandoning the biblical vision of Israeli Jews occupying the whole of ‘the promised land’ of Palestine and then dismantling the apartheid structures to sustain control over the Palestinian people as a whole. At this point a just peace seems such an unlikely scenario as to invite responses of ‘utopian’ or ‘impossible’ to any suggested course along these lines. Yet history has its ways of undermining oppressors, making the impossible happen. Israelis would do well to ponder their future before supposing that they can subjugate the Palestinian people indefinitely. These reflections should include the awareness that the Palestinians, like Israeli Jews as a collectivity also have no Plan B (and few second passports!). The Israeli self-serving contention that since Palestinians are ‘Arabs’ they could and should give up their quest for a sovereign Palestine, and be content with lives in the Arab world. Palestinians, as might be expected, connect their aspirations with their connections to Palestine, and would be no more content or secure if moving to Arab countries than Israeli Jews would be to live in a Western country, in fact, less so.

 

Most Palestinian leaders have long seemed ready to negotiate their versions of a Plan C, which contains the proviso that it must give concrete meaning to the affirmation of an ‘equality of rights.’ True, Hamas might seem reluctant to endorse a full fledged Plan C, at least at the outset, but their leaders too during the past decade have been seeking an escape from the treadmill of perpetual violence, and if Israeli leaders showed comparable good faith, a long term accommodation would seem attainable, beneficial to both peoples, and allowing both sides to feel comfortable with distinct interpretations of what was agreed upon, a zone of ambiguity that lawyers are very good about delineating so that differences are neutralized rather than resolved. More specifically, Hamas would not be made to legitimize Israel in the process of normalizing relations, and accepting the fact of its existence as a country.

 

During the Vietnam War, Lyndon Johnson once referred to Vietnam as a tenth-rate Asian power, making it seem as if a miracle would be required for the Vietnamese to achieve victory. Many military historians are still at a loss in their attempt to offer an understanding of the outcome of the conflict, given the economic and military disparities between the adversaries. The Vietnam War, especially after the illusions of an American victory were destroyed by the Tet Offensive in 1968, became too politically costly in blood and treasure to sustain, although think tank hawks never let go of their insistence that ‘defeat was snatched from the jaws of victory’ or alternatively, the insidious suggestion that ‘the war was lost in American living rooms’ (that is, by TV coverage, especially of dead Americans returning home in body bags and coffins). Such explanations amount to Orientalist denials of Vietnamese agency, implying the impossibility that such backward military technology could prevail when matched against the unlimited quantities of hyper-modern equipment available to United States armed forces.

 

For several years, extreme supporters of Israel have been urging the world to move on by accepting the reality that Israel has won, the Palestinians have lost, and regardless of feeling about the merits of the Palestinian struggle it has become one more lost cause. Daniel Pipes, long a Zionist zealot, has formalized this ‘game over’ diplomacy by using an NGO under his influence, the Middle East Forum to promote ‘a victory caucus’ in both the United States and Israel with the participation of members of the U.S. Congress and Israeli Knesset. There is something discordant about such triumphalist posturing. It doesn’t fit comfortably with the furious efforts of Israeli lobbies around the world to discredit the BDS campaign as ‘the new anti-Semitism’ or with the increasing momentum of the Palestinian global solidarity movement that has increasingly troubled Israeli think tanks, and given rise to heavily financed campaigns to punish anti-Israeli activists throughout the world. Given these realities, it seems to me that the relevant comparison seems South Africa’s about face, and not Vietnam’s victory. Apartheid South Africa also appeared to the world securely entrenched until its shocking moment of self-engineered collapse in the early 1990s at a time when even dreamers did not envision a peaceful transition to a post-apartheid reality.

 

Without counting on dreams and dreaming, we who care about a just future for both peoples need to realize it will depend on work, sacrifice, and above all, struggle. Dreams don’t become the new reality without the dedication of a people brave and creative, and helped by the inspirational effects on friends and supporters. This blessing of empowering and charismatic resilience is the core identity of the Vietnamese and the Palestinian people, their point of most profound convergence.

 

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.