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A Gaza Centric History of Palestine: Past, Present, and Future

24 Sep

 

 

[Prefatory Note: The review below was initially published in the Journal of the Contemporary Thought and the Islamicate World (SCITIW REVIEW). http://sctiw.org/sctiwreviewarchives/archives/74 It is one of three remarkable books dealing with Gaza that I read this past summer. The other two are Mohammed Omer’s Shell Shocked: On the Ground Under Israel’s Gaza Assault (2015) (see my July 8, 2015 post, “Wartime Journalism: Mohammed Omer on Gaza”) and Max Blumenthal’s The 51 Day War: Ruin and Resistance in Gaza (2015). Both of these books are accounts of the 2014 Israeli attack on Gaza by normatively engaged journalists. Omer giving an insider account that stresses the day by day experience of those exposed to such an onslaught that allows one to almost feel the excruciating pain, fear, and loss that Gazans felt during the attacks. Blumenthal also gives readers the benefit of his presence in Gaza and exposure to its courageous population, but he also includes valuable interpretative material. Their normative engagement is evident from their empathy with the Gaza ordeal of the Palestinians and understandable antipathy to Israel’s tactics and overall behavior. While discarding the liberal posture of neutrality, this high quality journalism under the most difficult and dangerous conditions in the sense of conveying the unfolding reality of important events in ways that deepen awareness and understanding beyond what mainstream media reports.

What makes Filiu’s book so important, beyond its extraordinary historical depth that allows readers to better grasp the tragedy that has befallen the Gazan people, is its persuasive insistence of the centrality played by Gaza throughout the experience of Palestinian resistance to Israeli dispossession and annexation, including the originality of the uprising known as the first intifada in 1987, and even more so an insistence that the Gaza holds the key to any kind of sustainable peace between Israel and Palestine. This is a striking view, given the extent to which both Israel and the world treat Ramallah and the Palestinian Authority as central, and Gaza as marginal if not altogether dispensable in the context of diplomatic negotiations and the outcome of the conflict.]

A Gaza-Centric View of the Palestine National Movement

 

Jean-Pierre Filiu, Gaza: A History, trans. John King, Oxford University Press, 2014, 440 pp., $29.95 US (hbk), ISBN 9780190201890.

The distinguished French historian, Jean-Pierre Filiu has produced a magisterial overview that recounts the ebb and flow of Gaza’s fortunes from ancient times up through the present. Although a member of the faculty of Sciences Po in Paris, Filiu is not a typical academic historian, having earlier served as a diplomat in Jordan, Syria, and Tunisia, published two novels, and even written popular songs, including one devoted to Gaza. Filiu’s pedigree training and scholarly contribution have earned him a deserved reputation as one of the world’s leading Arabists, and someone particularly expert on political trends in contemporary Islam. He has published several well-regarded books on the Middle East including The Arab Revolution: Ten Lessons from the Democratic Uprising (2011) and From Deep State to Islamic State: The Arab Counter-Revolution and its Jihadist Legacy (2015). The latter book poses the haunting question as to whether the political destiny of the peoples in the Middle East is to remain entrapped in the ongoing struggle between tyrannical leaders and Muslim fanatics. More than most commentators on the regional developments, Filiu perceptively realized that the democratizing hopes of the “Arab Spring” in 2011 would be short lived, and likely would be soon overwhelmed by a variety of counterrevolutionary forces intent on restoring an authoritarian status quo ante, however high the costs of doing so. The main motive of these counterrevolutionary elites was to avoid the twin fates of secular democracy and radical Islam.

Filiu’s authoritative treatment of Gaza starts with a useful background summary of its role as a trading center in the ancient world of the Middle East with a past traced back to the Hyksos people of the eighteenth century BCE. Readers are helpfully informed that Gaza, situated between Sinai and Negev Deserts and the Mediterranean Sea, became a major site of struggle for warring neighbors over the long arc of history, including Egyptian pharaohs, Persian kings, Greeks, Romans, Arabs, Fatimids, Mamluks, Crusaders, and Ottomans. Filiu emphasizes the rivalry between Baghdad and Cairo with respect to Gaza as contributing to the frequent changes of fortune confronted by the city and region. A second chapter is informative about the generally unappreciated relationship of Gaza to hallowed figures in Islamic tradition. For instance, one principal mosque in Gaza is built to honor the memory of the great grandfather of the Prophet and another is dedicated to one of Muhammad’s close followers who accompanied him on his sacred journey from Mecca to Medina. Both of these men were prosperous traders who brought caravans of goods from Arabia for sale in

September 22, 2015

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the markets of Gaza. After presenting this early history, Filiu devotes the remainder of Gaza to Gaza’s experience in the continuing struggle over Palestine’s future that began in a serious way with the Balfour Declaration of 1917 and the British Mandate established after World War I under the auspices of the League of Nations lasting until 1947 when Britain turned over responsibility for Gaza’s future to the United Nations.

The remaining fifteen chapters of Gaza narrate the tortured and tormented experience of Gaza, the scene of many dreams of liberation and peace, but also a place of frequent carnage and a continuing ordeal of massive suffering. Gaza, which covers 140 square miles, the size of several middle sized American cities, still plays a central role in the unfolding Israel/Palestine conflict. In this fundamental respect, Gaza is a detailed historical narrative of past and present, which also underscores the totally unresolved future of Palestine as a whole, leaving readers free to contemplate Gaza’s future through the sophisticated optic that Filiu provides.

Filiu has produced, in a manner that I find extraordinary, a study of Gaza’s history over this incredible sweep of time that manages to exhibit at each phase of the narrative an astonishing mastery of detail. Filiu presents us with the dizzying interplay of dominant personalities interweaved with accurate depictions of the many defining incidents that give substance to the complex history and experience of Gaza. Such a tours de force of scholarly achievement does not make for easy reading given the density of the material. As a whole, Gaza is somewhat overwhelming in its cumulative impact as a result of its long succession of unfamiliar names and recitation of one detail after another that are difficult for a normal reader to keep in mind. At the same time, beyond the weight of Filiu’s facticity is a wealth of interpretative knowledge that imparts an unprecedented understanding of the contemporary experience of Gaza and the part it has played for both Israelis and Palestinians in the unfolding conflict.

Despite this challenge posed by this seeming surfeit of names and events, a kind of pre- digital example of information overload, Filiu facilitates comprehension of the main narrative motifs by framing his central interpretative analysis through reference to illuminating conceptual themes. He proceeds chronologically assessing the unfolding Palestinian ordeal in three clusters of four chapters each: “1947-1967: The Generation of Mourning,” “1967-1987: The Generation of Dispossession,” “1987-2007: The Generation of the Intifadas.” The book concludes with a final chapter entitled “The Generation of the Impasse?” as if the currently blocked situation in the underlying conflict between Israel and Palestine that has dominated the lives of the Gazan people for several generations seems likely to continue to be their fate for the indefinite future. Filiu ever so slightly lightens this gloomy prospect by putting a question mark at the end of the chapter title, perhaps acknowledging that not even a master historian should pretend to foretell Gaza’s future with confidence or indicate with confidence hopes and fears that the impasse will be broken at some point.

With this framework Filiu brilliantly portrays the Palestinian ordeal as it has tragically played out during the 67 plus years since Israel came into existence as a sovereign state. There is no attempt by Filiu to write this contemporary history of Gaza from a detached point of view, that is, by suspending empathetic feelings and ethical judgments. The tone of the narrative and the spirit of Filiu’s personal engagement with the Palestinian tragedy is clearly conveyed on the dedication page: “To the memory of the thousands of anonymous who died in Gaza before their time though they had a life to live en famille and in peace.” In effect, without sparing Palestinians and their leaders harsh criticism for failures of competence in the course of his narrative, including their embrace of brutality and

corruption, Filiu laments Palestinian victimization and decries Israeli oppression. With such a perspective it is not surprising that Filiu is generally sympathetic with Palestinian resistance activities over the years.

In discussing partition, the plan proposed by the UN General Assembly to overcome the tensions between Jews and Arabs in Palestine, Filiu makes clear that the Zionist movement was pushing the British hard to endorse such a division during the latter stages of the mandatory period. For Zionist leaders partition seemed at the time the only available path leading to the establishment of a Jewish homeland in Palestine, thereby achieving the basic Zionist project in accord with the Balfour undertaking. In angry contrast, the most representative Arab voices in Palestine were early united in their fervent opposition to partition ever since it began to be seriously considered by the British government, increasingly aware of rising tensions between the resident Arab population of Palestine and the successive waves of Jewish immigration. Already in 1937 Fahmi al-Husseini, the mayor of Gaza, warned British authorities against partition and any related attempt to promote the emergence of Jewish statehood. Filiu quotes al-Husseini to illustrate this depth of opposition: “It would be better for the British government to consign the inhabitants of Palestine to death and destruction, or even to envelop them in poison gas, than to inflict upon them any such plan” (46). As we know, such Palestinian wishes were ignored not only by the British, but also by the organized international community acting under the auspices of the United Nations. In response to the mounting tension in Palestine between Jews and Arabs, Britain went ahead and proposed partition, which was consistent with their typical colonial endgame and legacy in many other parts of their collapsing empire (for instance, Ireland, India, Malaya, and Cyprus). When the UN in 1947 did finally propose partition in General Assembly Resolution 181, the British surprisingly abstained, perhaps feeling that there was nothing to be gained at that point by further antagonizing the Arab world, especially given the persistence of British interests in the region, epitomized by the retention of the Suez Canal.

The focus on the complex dialectics of victimization and resistance in Gaza is at the core of Filiu’s interpretative standpoint. This emphasis likely represents the most enduring contribution of the book to our appreciation of both the scholarship and policy relevance of the Gaza Strip to the overall story of the Israel/Palestine struggle. What Filiu does convincingly is to challenge the mainstream view that Gaza is but an ugly sideshow of the main Palestinian dramas, generally regarded by both sides to be the West Bank and Jerusalem. Of course, the centrality of Gaza’s victimization has become internationally recognized, especially after the imposition of a blockade in 2007 when Hamas took over the government in Gaza and during the last seven years when Israel launched savage attacks in 2008-2009, 2012, and 2014 that eroded the carefully orchestrated public image of Israel as a benevolent political actor. What Filiu significantly adds to this image of Gazan victimization is the understanding that the broader movement of Palestinian national resistance has been centered in Gaza since the onset of the conflict with the Zionist project, and that this pattern of resistance continues in Gaza more than elsewhere in Palestine despite the severe and prolonged forms of collective punishment imposed by Israel on the Strip over the course of decades.

Even more challenging is Filiu’s controversial insistence that a sustainable peace between Israel and Palestine can only be achieved if Gaza will be accorded a decisive role in the process. Filiu underscores this belief in his drastic revision of thinking surrounding the peace process in the closing sentences of Gaza: “It is in Gaza that the foundations of a durable peace should be laid…The Gaza Strip, the womb of the fedayin and the cradle of the

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intifada, lies at the heart of the nation-building of contemporary Palestine. It is vain to imagine that a territory so replete with foundational experiences can be ignored or marginalized. Peace between Israel and Palestine can assume neither meaning nor substance except in Gaza, which will be both the foundation and the keystone” (340).

Filiu’s view of a peaceful solution challenges the view of most Israelis that Gaza, without figuring in Israeli biblical claims, and containing 1.8 million Palestinians hostile to Israel’s very existence, has no place in Israel’s conception of its own final borders or of an acceptable outcome of the conflict. Israelis generally regard Gaza as nothing more than a bargaining chip in any future peace negotiations. From Israel’s perspective Gaza is the one unwanted part of occupied Palestine (in sharp contrast, with Jerusalem and the West Bank), an assessment provisionally expressed by Israel’s “disengagement” from Gaza in 2005, which involved the withdrawal of IDF forces and the removal of Israeli settlers in a plan conceived and implemented by the Israeli hardline leader Ariel Sharon. Gaza continues to be viewed as a threat to Israeli security if ever allowed to become consolidated with the West Bank in a future Palestinian state and is viewed as a threat to Israel’s ethnocratic and democratic claims if incorporated into a single Israeli state encompassing the whole of historic Palestine.

With respect to Gaza, Israelis seem now to prefer either retaining control over a subjugated and devastated Gaza or inducing Egypt to resume responsibility for administering Gaza. The Egyptian government has made clear its unwillingness to accept responsibility for governing Gaza, which makes the unfortunate present situation the most likely scenario for the foreseeable future. In this sense, the whole burden of Filiu’s assessment is at odds with the manner in which Washington framed the “peace process,” which, as might be expected, seems based on an acceptance of Israel’s view of the marginality of Gaza with respect to the final resolution of the conflict.

Filiu’s mode of highlighting Gaza also challenges the views of the Palestinian Authority, with its capital in Ramallah, that gives its highest priority to ending Israel’s occupation of the West Bank, getting rid of as many Israeli settlements as possible. The Palestinian Authority seems to care little about the fate of Gaza, especially since Gaza fell under the control of Hamas in 2007, although its formal position continues to include Gaza as an integral part of a Palestinian state.

In this respect, Filiu’s Gaza-centric interpretation of the conflict between Israel and Palestine is by far the most original and controversial part of his historical account. It rests on a carefully documented narrative of Gaza’s role as the true center of Palestinian resistance and resilience throughout more than six decades of struggle. As Filiu mentions, the most perceptive of Israeli leaders, notably David Ben-Gurion, were nervous about the developing situation in Gaza from the earliest period of Israel’s existence, especially as Gaza became the default option for many Palestinians displaced during the nakba, the occasions of massive expulsion and dispossession that caused so many Palestinians to be driven from their homes, and to seek sanctuary in Gaza, the West Bank, and neighboring Arab countries. In Filiu’s view, throughout the war that produced the establishment of Israel as a sovereign state, “…Israeli units were systematically driving the Arab population out of the combat zone even when their villages offered no resistance to the advance of the Zionists” (62). The sadness and desolation of dispossession resulted in Gaza becoming early in the conflict dominated and radicalized by refugees and their profoundly alienating experiences. In the late 1940s Palestinian refugees amounted to more than 75% of Gaza’s total population.

The large refugee camps spread throughout tiny Gaza became focal points of ferment and eventually resistance, taking the initial form of the fedayin insurgent activities from the

1950s on. It was the fedayin fighters that found ways to penetrate Israel and inflict casualties particularly on soldiers and police, and later, on Israeli settlers in Gaza. This type of armed struggle inevitably prompted Israeli reprisal raids that were from their outset deliberately disproportionate. As Filiu observes, “[i]t was in Gaza that the fedayin were moulded, and the Hebrew State would soon make Gaza pay for it dearly” (94). This prediction was fulfilled in 1956, Egypt being displaced from Gaza, and Israel occupying the Strip for four months as an aspect of the Suez War, with accompanying massacres of Palestinian civilians being carried out by the Israeli military prior to a UN protective force being inserted to monitor the border. Filiu asks this provocative question: “Is there any doubt that the history of Gaza would have taken a different turn had a Palestinian entity been established there, under UN protection, in defiance of Israel, while maintaining special ties with Egypt” (105-106)? Although Filiu seems to have meant the question to be rhetorical, I am skeptical of any supposition that Gaza might have been spared Israeli fury even if the UN had agreed to sponsor and protect Gazan self-determination and sovereignty within the less crystalized climate of opinion in 1956. The political will to confront Israel has never existed on a global level or within the United Nations except to the extent of adopting a public discourse sharply challenging Israel’s policies and practices that is reinforced by periodic censure moves that were generally softened or opposed by the West.

As dramatic as the fedayin phenomenon, the outbreak of the intifada in 1987 that witnessed an unexpected mobilization of Palestinian civil society in Gaza, later spreading to the West Bank, challenged Israel’s capacity to maintain order in occupied Palestine. As Filiu persuasively argues, it was the fedayin and intifada that finally lent credibility and inspiration to the Palestinian national struggle, somewhat overcoming the humiliating failure of the pathetic international efforts by neighboring Arab states to challenge the existence of Israel. The failure of these several regional wars, culminating in the disastrous Arab defeat in the 1967 War, which greatly expanded Israel’s territorial identity, resulted in a second and permanent occupation of Gaza, with the war having the geopolitical effect of transforming Israel in American strategic thinking from being a heavy burden on U.S. foreign policy in the Middle East to becoming a major strategic asset. Unfortunately for the Palestinians, “the rest is history.”

Filiu gives a fascinating portrayal of the rise of Islamism in Gaza, including a depiction of the charismatic leader, Sheikh Ahmed Yassin, who was assassinated by an Israeli missile in 2004. What Filiu’s discussion shows it that the early Islamic efforts in Gaza, inspired by and derivative of Egypt’s Muslim Brotherhood, were devoted on principle to resistance activities within the law, focusing on a long range view of liberation by way of family values and education. It was only as a result of Israeli oppression in Gaza and a growing rivalry for popular allegiance with the secular coalition, the Palestine Liberation Organization under the leadership of Yasser Arafat, that led to the formation of the militant Hamas, and with this development, to extreme violence, highlighted by suicide bombing attacks within Israel in the late 1990s, often directed at the civilian population. Israel, at first, actually encouraged the political emergence of Islam, supposing that it would weaken what was perceived to be its principal adversary, the PLO, but as time passed, and Hamas tactics shifted to suicidal violence, Israel treated Hamas as a terrorist organization, and remains unwilling to back off such a view despite Hamas’ effort to pursue a political track for reaching its national goals since it took part in Palestinian elections in 2006.

Arafat is duly presented as the leading Palestinian liberation figure and international diplomat, but also deeply criticized by Filiu for the political innocence of his deferential approach to the United States and accompanying naïve hopes that Washington would deliver

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a just peace to the Palestinians after the Oslo Framework of Principles had been agreed upon in 1993. Filiu draws our attention to Arafat’s reaction to the 1995 assassination of Yitzhak Rabin, which brought tears to his eyes and the tormenting cry “It’s over, it’s over” (234)—meaning the prospect of a negotiated peace died with Rabin. Although Filiu does not evaluate Arafat’s reaction, it seems exaggerated, given Rabin’s acquiescence in expanding the settlement movement in the West Bank and Jerusalem and his “iron fist” policies in reaction to the first intifada.

One of the several virtues of Filiu’s historical approach is his willingness to employ evaluative language to describe Palestinian experience of victimization and Israeli tactics of oppression. He repeatedly refers to Israeli practices as imposing “collective punishment,” and as resulting in “massacres” of innocent Gazans, and of the experience endured by Gaza’s population as trauma, including “collective trauma.” At the same time, despite being highly critical of Israel’s approach, Filiu avoids any condemnations based on international humanitarian law or international criminal law. Filiu does not, unlike Ilan Pappé and other critics of Israel’s behavior in Gaza, speak of “genocide” or even “crimes against humanity.” In general, I conclude that Filiu’s sense of critical history with respect to Gaza does not accord significant relevance to international law.

In conclusion, Filiu provides a reader with a wealth of information, an historical perspective that greatly deepens our appreciation of the importance achieved by Gaza in the past, and above all, depicts the brutality of Israel’s behavior toward the people of Gaza and its failure to quell the spirit of Palestinian resistance. At the center of Filiu’s argument, beyond his assessment that the present period is best characterized as one of “impasse,” is the claim that Gaza remains the keystone for a sustainable peace between Israelis and Palestinians, a view shared by neither the formal Palestinian leadership nor by any influential Israeli, American, or European leaders, past or present. However this issue is resolved, Filiu is highly successful in making a reader appreciate Gaza’s illustrious past and the crucial role that recent generations of its people have played in keeping the fires of Palestinian resistance burning even in the face of Israel’s cruel, domineering, and oppressive behavior.

A few final comments on Filiu’s historiography. First of all, I wonder whether it was necessary to provide so much factual detail in narrating the history of Gaza; it seems to me that the main interpretative lines of assessment could have been developed as authoritatively, and with a gentler reading experience. Secondly, I think that the ethical forthrightness of Filiu’s approach lent added clarity to his interpretive perspectives, and was valuable as a matter of “full disclosure” of author to reader. If hidden from view, it would have raised questions about integrity and trust. And thirdly, the inclusion of prescriptive ideas in a work of contemporary history gives greater practical relevance to the understanding of the past being set forth. Policymakers on all sides would gain much from Filiu’s deeply considered argument for the centrality of Gaza to the Palestinian national struggle and to hopes for a sustainable peace that protects the rights of both peoples on the basis of equality.

 

Kissinger: A Hero of Our Time

20 Sep

[Prefatory Note: The essay on Henry Kissinger’s World Order (2014) below was initially published in Millennium: Journal of International Studies 2015, Vol. 44(1) 155–164. For me, Kissinger was the anti-hero, somehow available to justify the unjustifiable, and situate himself in a tradition of statecraft that celebrated the European invention of modern international relations in the 17th-19th centuries. This self-styled realist tradition marginalizes law and morality, posits a fatalistic sense of human destiny, and is dismissive of the pursuit of peace and justice. In Kissinger’s case he climbed to the pinnacles of American state power, and was far from the worst advocate of global primacy based on military superiority. The fact that he owed his prominence to setting forth an argument supporting the feasibility of limited nuclear war branded him with the mark of Cain while still making his way behind the ivy of Harvard University. At the same time, we should not neglect Kissinger’s worldview just because it is antipathetic, especially as he has some important observations about how China’s rise to prominence in world history contrasts with the way in which Europe gained ascendancy.]

 

 

 

 

Henry Kissinger: A Hero of Our Time

 

“A Hero of Our Time, my dear readers, is indeed a portrait, but not of one man. It is a portrait built up of all our generation’s vices in full bloom. You will again tell me that a human being cannot be so wicked, and I will reply that if you can believe in the existence of all the villains of tragedy and romance, why wouldn’t you believe that there was a Pechorin? If you could admire far more terrifying and repulsive types, why aren’t you more merciful to this character, even if it is fictitious? Isn’t it because there’s more truth in it than you might wish?”

Mikhail Lermontov, Preface, A Hero of our Time

 

Combining the features of savant and war criminal, as well as renowned the world over as master statesman, Henry Kissinger deserves the dubious accolade of being ‘a hero of our time’ in the fully ironic sense meant by the Russian novelist, Mikhail Lermontov. Kissinger seems indictable for a series of offenses that deserve accountability in a law-abiding world: deliberate killing of civilians in Indochina; overt complicity in relation to mass killing in Bangladesh; positive association with plan to assassinate a major official in Chile; involvement in conspiracy to kill the head of state in Cyprus; incitement to genocide in East Timor; and direct involvement in plans to kidnap and kill a journalist living in Washington DC.[1] That Kissinger remains not only at large, but the object of reverence the world over, tells us quite a bit about the degree to which geopolitical celebrity trumps accountability and justice when it comes to status and reputation on a global scale.

 

Additional to Kissinger’s apparent criminality associated with his role as a governmental official developing and implementing American foreign policy in a variety of crucial settings was his earlier assertions of influence as a policy oriented intellectual at a leading American university. Kissinger, as a Harvard professor of international relations, skillfully professed views that proved useful to men who coveted and exercised power on behalf of the United States. Even before he entered government as Richard Nixon’s expert on foreign policy, the Council on Foreign Relations, a gatekeeping venue for the highest echelons of government, otherwise known as ‘the establishment,’ had bestowed stardom on Kissinger in recognition of these contributions to the policy forming community. His initial notoriety rested on an early book arguing the case for accepting the prospect of limited nuclear war as a means of offsetting Soviet superiority in conventional warfare in Europe.[2]

 

 

Later when serving as National Security Advisor and Secretary of State, Kissinger exerted an enormous influence on the development of American foreign policy. He managed to surround his undertakings with an aura of the invincible maestro of realpolitik, a contemporary counterpart of his own illustrious mentors, Machiavelli and Richelieu.[3]

 

A weird part of Kissinger’s claim to heroic stature was his extraordinary capacity to be repeatedly wrong about almost every major foreign policy decision made by the United States Government over the course of the last half-century, and yet manage continually to enhance his reputation and influence as the nation’s wisest guide on how the country should shape its role and behavior overseas when facing the next crisis. Kissinger was a supporter of the Vietnam War from start to finish, he even favored the disastrous Iraq War, and of course, the Afghanistan War. To leave us in no doubt as to his deepest inclinations, Kissinger even goes out of his way in this book to laud the presidency of George W. Bush by affirming his “continuing respect and personal affection for President George W. Bush, who guided America with courage, dignity, and conviction in an unsteady time. His objectives and dedication honored his country even when in some cases they proved unattainable within the American political cycle.” [324-25]. Phrase by phrase this is a remarkable encomium considering the degree to which Bush’s core policies turned out to have been such a disaster by almost any measure, with the 2003 attack and subsequent occupation of Iraq being a major contributing cause to the regional turmoil that has brought such massive suffering and political chaos to the Arab world, as well as seriously compromising U.S. goals in the region. To give his blessings to such a failed presidency is mystifying unless one takes into account of Kissinger’s worshipful attitude toward the high and mighty in the conservative American political establishment, and his extraordinary Teflon protective coating that has inoculated him over the years against the normal consequence of policy failures and ugly misdeeds.

 

It is fair to wonder at this point why I should be writing a review Kissinger’s ideas if I regard him as a disreputable public figure. My answer centers upon an appreciation of the man as an emblematic representative of global leadership in our historical era, and hence of Kissinger as truly ‘a hero’ worthy of our attention. It is not that his ideas are sympathetic, compelling, or even innovative, but rather that despite his long record of wrongdoing, Kissinger’s words continue to be taken seriously as policy guides entitled to the utmost respect by opinion-makers around the world.[4] Beyond this, his comprehensive presentation of the contours of past, present, and possible future world orders, while pretentious and superficial, does provide a helpful commentary on policy choices of immense significance, offering readers a useful platform for dialogue as to the global political future. Despite my reservations, the World Order offers a good basis for seminar discussions in an international relations course or for a reading group of attentive citizens who gather on a monthly basis to ponder the state of the world.

 

Kissinger is something more than a public figure that has guided and advised some of America’s most influential world leaders. He is also a student of international relations with a rare combination of diplomatic experience at the highest level, a broad historical knowledge of the conceptual underpinnings of statecraft in the modern world, and a street smart talent for gaming the system to his personal advantage. In this respect, the book under consideration, World Order, is likely to be treated as the culminating expression of Kissinger’s worldview and intellectual legacy.[5] And while it is devoid of empathy for the vulnerable or an appreciation of the ecological dangers facing humanity, it does frame debate on global policy in this post-colonial, post-Cold War setting in some useful ways if account is taken of its limitations.

 

Kissinger’s diagnosis of the present historical situation poses an intriguing puzzle that adopts an unexpected outlook, given its source. For this sage who earlier believed that the European West had evolved a diplomacy that reflected the eternal verities of statecraft it is now surprising to find Kissinger at the start of this book issuing a dire warning to his readers: “Our age is insistently, at times almost desperately, in pursuit of a concept of world order.” Such a sentiment is followed by a haunting question that obviously worries Kissinger: “Are we facing a period in which forces beyond the restraints of any order determine the future?” (2) Kissinger can be read as saying that the dangers posed are a result of the failure of the major world political actors not to have on their own recognized and implemented the Westphalian logic within their own civilizational and religious spheres of influence. Such a lament is conditioned by the realization that in this post-colonial era a belated embrace of some kind of global Westphalian system of world order, while the best we can hope for, cannot happen without its spontaneous adoption by non-Western political actors doing what seems best to achieve their goals in ways that correspond with the deeply embedded cultural values.

 

What troubles Kissinger most is the disorder that exists in the post-colonial world where the West can no longer run the global show by itself. He believes that the present challenge is to blend “divergent historical experiences and values” into “a common order.” (10) In his view “[a] reconstruction of the international system is the ultimate challenge to statesmanship in our time.” (371) Without this challenge being met Kissinger envisions a “struggle between regions” that might turn out to “be more debilitating than the struggle between nations has been.” (371) He is also worried by the challenges associated with the rise of non-state political actors that do not fit within the template of the only world order that Kissinger knows, the one constituted by the interplay of territorial sovereign states.

 

In setting forth the nature of this defining quest Kissinger posits several requirements that he never reconciles. He insists that a new global order to be successfully established requires that its central rules and limit conditions are the result of a participatory, non-hegemonic process of relevant actors. Kissinger asserts that only by way of such an existential bonding process will a re-framing of world order have the legitimacy to engender commitment and adherence in a historical situation where the West has lost its dominion over the non-West. In Kissinger’s words: “Any system of order, to be sustainable, must be accepted as just—not only by the leaders but also by citizens. It must reflect two truths: order without freedom, even if sustained by momentary exaltation, eventually creates its own counterpoise; yet freedom cannot be secured or sustained without a framework of order to keep the peace.” (8) This passage is illustrative of the degree to which throughout this text the abstractions of language provide Kissinger with a useful comfort zone of obscurity. In over 400 pages we look in vain to find out what ‘freedom’ means beyond a vague affirmation of the American political experience. (e.g. 235-36).

 

The tone and message of World Order rests in the end on an affirmation of American exceptionalism as interpreted by Kissinger. The opening lines of the book describe a visit of homage made in 1961 to Harry Truman while Kissinger was a “young academic.” Truman was of course the former American president that took over from Franklin Roosevelt at the end of World War II and then did his part to launch the Cold War. Kissinger admiringly quotes Truman to disclose the distinctive essence of America’s political character: “That we totally defeated our enemies and then brought them back to the community of nations. I would like to think that only America would have done this.” (1)

 

With the blinkered vision of a true believer, Kissinger adds his own gloss: “All of Truman’s successors have followed some version of this narrative and have taken pride in similar attributes of the American experience.” (1) Such a portrayal of the American global role inflicts a notorious distortion on innocent readers. The truth is that United States has often been vindictive in the aftermath of wars and often not at all willing to help adversaries recover from devastating wartime experiences. For instance, in the lengthy negotiations ending the Vietnam War conducted on behalf of the United States by Kissinger, the reparations agreed upon were neither paid nor any subsequent effort made by Kissinger or the White House to have Congress uphold this clear diplomatic promise, which also was a recognition of a simple moral duty. In the aftermath of the First Gulf War (1991) the United States imposed a punitive peace on Iraq that included maintaining strict sanctions against a people that reportedly cost an additional several hundred thousand Iraqi civilian lives. And historically, the punitive peace imposed on Germany after World War I was undertaken with the deliberate intention of doing the opposite of what Truman claimed for American diplomacy after World War II. In part Truman’s postwar diplomacy represented his effort to avoid repeating the mistakes of Versailles that had earlier contributed to the rise of Hitler and the onset of a major war, as well as gave rise to a severe global economic depression. The disruption, oppression, and extremism that is now the tragic destiny of the Middle East can also be blamed on a ‘peace’ diplomacy one hundred years ago that distributed the spoils of war on the basis of colonial ambition rather than the wellbeing of peoples. How Kissinger, the purported student of history can overlook these features of the American role over its lifetime as a country, can be partly explained by his tendency to obtain historical impunity by invoking abstractions that have no discernible connection with the concrete realities that are supposedly encompassed by this overarching narrative of America’s global benevolence.

 

Kissinger associates the American goals in the world with the well-intentioned global projection of his idealized image of constitutional democracy as it functions in the United States. He clarifies this image as embodying “an American consensus—an inexorably expanding cooperative order of states observing common rules and norms, embracing liberal economic systems, foreswearing territorial conquest, respecting national sovereignty, and adopting participatory and democratic systems of governance.” (1) Where has this man been? He makes no effort to disentangle myth from performance as it has played out as the American global story has unfolded. Any casual student of history would know that the United States, almost from its birth, has been intervening throughout the Western Hemisphere, and since 1945 has intervened covertly and overtly in many parts of the world, and often with the purpose of dislodging democratically elected governments as it did

in Iran (1953), Guatemala (1954), and Chile (1973), the latter while Kissinger was making policy from his White House office.

 

It is true that Kissinger does fault the idealistic tendencies of American foreign policy, which he believes reached the peak of unknowing during the latter years of Woodrow Wilson’s presidency. In appraising American political leaders Kissinger contrasts those he most admires (Truman, Teddy Roosevelt, and Nixon) with those he finds dangerously naïve (especially Wilson, but also Carter, Clinton, Obama). Essentially, Kissinger affirms those political leaders that share his belief that hard power is the main agent of historical change, as well as the capstone of stability and ‘peace’ (understood minimally as the absence of major war), and in this regard, he finds the ideas that were launched in 1648 by the Peace of Westphalia as the only workable foundation for international order. This Westphalian worldview in Kissinger’s presentation rests on two organizing principles: respect for territorial sovereignty and reliance on countervailing power as necessary to deter potential aggression. As indicated, Kissinger recognizes that this statist framework was European in origin, and if it is to work in a post-colonial era of globalization it will have to be endorsed by civilizational experiences that are quite different from that of Europe and North America. This is the challenge, as Kissinger sees it, of making the logic of Westphalia sufficiently attractive to China, India, and the Islamic community, so as to induce their governments to choose such a blend of respect of others with cooperation for mutual benefit as the one basis of 21st century world order that might work.

 

There are several problems with this formulation of the contemporary world order problematique. For one thing, it overlooks the vertical dimension of the Westphalian experience that has all along relied for order on the managerial roles of hegemonic claims and structures. This has been especially so for relations between the West and non-West, making it difficult for many countries and some regions to create political communities except through brute force. For another, Kissinger seems mostly blind to the fundamental challenge posed by nuclear weaponry and climate change, and hence sees no important role for international law or the United Nations.[6] In fact, one would look in vain for any sustained discussion by Kissinger of whether a global rule of law and strong central institutions are needed to protect the global interest against the predatory behavior of a world of national governments led by officials with very uneven endowments and perceptions.[7] There is absent any consideration of how to create global governance without the commitment of political actors to uphold human interests on the basis of species identity. Even more striking is the failure to discuss the viability of capitalism as means to achieve the desired ends of world order based on the recognition that sustainable order presupposes legitimate order.[8] One wonders how this market-based system can be deemed even potentially legitimate given the persistence of mass poverty, gross inequalities, widespread corruption, the predatory plundering of the resources of the planet, and increasingly dire expectations of water scarcities and multiple forms of ecological decay.

 

Overcoming such obstacles presupposes that the values of the main competing centers of regional civilizational identity can be embodied in the new world order. In Kissinger’s view this would now entail combining power and legitimacy on a worldwide basis, and not just offering to organize the world along pre-European Union lines. In the prior historic periods, there were distinct regional forms of order of which central attention is given to that evolved by China and the Islamic world. These are also alternative conceptions of world order to that developed by the West, although challenged and encroached upon by colonialism. Kissinger makes clear that he is particularly drawn to the Chinese soft power foundations of its national greatness, which enjoys the capacity to overwhelm others essentially by reliance on its cultural superiority and the sheer density of its demographic and geographic reality.[9] According to Kissinger, China has succeeded in neutralizing those barbarian forces that have from time to time penetrated its borders by sheer patience, and although it has expressed a defensive mentality by the immense undertaking of the Great Wall, and yet unlike the West, conquest and missionary belligerence has not been its style.

 

In contrast, Islam has a totalizing vision that associates its domain with peace and righteousness (‘dar al-Islam’), and all else as the domain of infidels and war (‘dar al-harb’). With its religious sense of political community as bases on the umma, the extension of the Western state system to the Islamic world has been problematic and hence illegitimate, especially for those states that are products of colonial ambition as in the Middle East and parts of Africa. Whether such states can even retain their current territorial boundaries is one of the unanswered questions. If not, the likely near term reality is the reemergence of ethnically and religiously bounded communities that either exist autonomously within existing borders or break away to form their own states. In effect, without historical or philosophical depth, Kissinger depicts the Arab world, in particular, as a region of ‘failed states’ for which there is no solution other than military containment and intervention to prevent the disorder spilling over as with the 9/11 attacks.

 

In the end Kissinger seems to hope that a form of global Wesphalian world order will emerge because states everywhere seek to preserve as much of their autonomy as possible while cooperating to promote common interests in trade and investment. This duality exhibits both a recognition of the realities of economic globalization as conditioned by the non-viability of major warfare given the existence of nuclear weaponry. Kissinger is fully conscious of the extent to which the European invention and development of the state system in the middle of the 17th century responded to distinctively European circumstances, especially an interest in overcoming deadly religious wars and the formation of political communities that were large and stable enough to support efficient economic growth. This Westphalian innovation cannot be globalized despite the intensifying functional imperatives to do so unless the other main political actors on the world stage can agree that such an order serves their interests and is consistent with their values. It also must be perceived as a joint undertaking, not a plan hatched in the West or a byproduct of the American reality as the world’s only global state. World order of global scope in its architectural phases becomes an inter-civilizational soft power project that contrasts with the earlier hard power structures imposed by the global reach of European colonialism. However for Kissinger, seeming unperturbed by contradiction, this new undertaking still presupposes the stabilizing reinforcement of hard power diplomacy and warmaking capabilities, with the United States acting in a meta-regional managerial role.

 

Kissinger, not without reason, thinks that his world order scheme will only happen if China and the United States are able to make their relationship rest principally on the benefits of cooperation and partnership rather than rivalry and competition. In other words, not a second Cold War, but a new kind of geopolitical relationship that is sensitive to the importance of balancing and equilibrium, but without any ideological dimension of hostility toward the domestic public order system of the other. Kissinger is aware that wars often have broken out in the past when an emerging state seeks to revise the hierarchy of privilege and status that is encoded in the status quo or the hegemon threatened with displacement strikes before the challenger gets too strong. He wonders aloud whether the rising claims of China can be met without either ignoring their ambition or provoking a disastrous military confrontation.

 

Kissinger considers the United States, despite everything from Hiroshima to drones, as continuing to be the main benevolent force active in history over the course of the last hundred years, especially to the extent it is able to suppress its national proclivity to indulge idealistic temptations that ignore Westphalian parameters. Kissinger appears to believe still that only military capabilities can serve as the ultimate guardian of the public good. In this regard he sees the American leadership role as at once “indispensable” and “ambivalent,” caught between the unrealistic wishful thinking of Woodrow Wilson and the creative realism of Teddy Roosevelt or Richard Nixon, the poles of thought and action that characterize the American global role over the course of its existence as an independent state. Kissinger wants to reconcile these antagonistic energies, and above all he remains deeply opposed to any further American retreat from the responsibilities of global leadership—in contemplating the American role, he says “[w]hat is does not permit is withdrawal.” (370) Kissinger insists that in the interactive reality of the present global situation any renewal of American isolationism would be a self-destructive dead end, and more to the point, he argues that the world needs a globally engaged United States as an offshore balancer that alone can provide the countervailing force that is needed in all regions of the world as a check on dangerous types of expansionism.

 

In effect, what Kissinger would like to see emerge is a series of regionally based political orders in which the United States is involved as a balancing presence, including in China’s backyard of Asia. This kind of formula pretends to avoid any effort to establish regional hegemony in any part of the world, and disavows an American search for dominance. In this sense Kissinger is arguing for a Westphalian order anchored in the actuality of the United States as the first global state in world history. It is a global state by virtues of its already established military presence throughout the world, reinforced by the dollar as a global currency, English as a global language, and American popular culture and consumerism as influential behavioral constructs everywhere. What Kissinger is proposing with a good deal of commentary on the necessity of taking account of existing diversities linked to demands for participation in the construction of such a legitimate world order is a system of global scope that is neither centralized by law or power. In this way, he acknowledges the interplay between political decentralization and a variety of globalizing tendencies without succumbing to what he would regard as utopian or totalizing traps. Rather cunningly, there is no discussion of how, given its capabilities and assigned leadership role, the United States would be deterred or its ambitions neutralized, or even whether this is necessary. When surveying the terrain of American politics this is a disabling flaw as it is entirely plausible to imagine a militarist Republican president taking over in 2016 with a mandate for safeguarding the nation and the world by waging continuous wars.

 

 

[1] This enumeration follows the list of indictable crimes provided by Christopher Hitchens in the Preface to his important book, The Trial of Henry Kissinger (London, UK: Verso, 2001). Hitchens offers considerable evidence to back up these allegations, as well as a rationale for why such it is important to conduct this exercise in symbolic accountability, for the latter see especially p. xi.

 

 

[2] Nuclear Weapons and Foreign Policy (New York: Council on Foreign Relations by Harpers, 1957), appropriately written under the auspices of the Council on Foreign Relations, which was responsible for bringing Kissinger to the attention of the political elite in the United States. Kissinger with his Harvard credentials, conservative Cold War politics, and unsentimental approach to the pursuit of national interests on the basis of hard power was a valuable advisor for those of Republican Party persuasion who sought the highest political office in the country.

[3] There is a consensus that the most important scholarly contribution made by Kissinger was his initial book on the mechanisms of the balance of power as operative in 19th century Europe based on the interplay between military capabilities and dynastic legitimacy, as well as admiring portrayals of the statesmen who grasped the Hobbesian logic that made this system work to sustain the established order. A World Restored: Metternich, Castlereagh, and the Problem of Peace, 1812-22 (Boston, MA: Houghton Mifflin, 1957

[4] Illustrative of such influence is full page assessment of the controversial framework agreement tentatively reached in April 2015 with respect to the international regulation of Iran’s nuclear program. It is rare for the Wall Street Journal to devote its entire opinion section to a single article, and although George P. Shultz is listed as a co-author, the attention accorded to the article is a reflection of Kissinger’s unique stature as foreign policy guru. Kissinger & Shultz, “The Iran Deal and Its Consequences,” Wall Street Journal, April 8, 2015, A13.

[5] Such earlier books as Diplomacy (New York: Simon & Schuster, 1984) and On China (New York, Penguin Press, 2011) are part of his effort to write conceptual memoirs that argue the case for the rightness of his policies and even more so, for his understanding of how the world is organized and operates. All of Kissinger’s writing, carried on in tandem with his work as consultant to the rich and powerful throughout the world via his firm Kissinger Associates founded in 1982. These undertakings share a single minded devotion to self-serving efforts to nail down his reputation as the hero of the age. If mainstream media is to be trusted, which of course it is not, Kissinger has succeeded in becoming the iconic source of foreign policy wisdom for mainstream media audiences, his name being continuously invoked as the most authoritative commentator on foreign policy now alive.

[6] For nuclear weapons, Kissinger reduces the challenge to one of nonproliferation overlooking his own endorsement of abolition of such weaponry resulting from a perception that the nonproliferation regime is unlikely to be able to contain the spread of nuclear weapons in the future. (see 330-41). In an earlier article written in collaboration Kissinger does join in suggesting that the best way to stop further proliferation of nuclear weapons is to eliminate them altogether from military arsenals. See George P. Shultz, William J. Perry, Henry Kissinger, Sam Nunn, “A World Free of Nuclear Weapons,” Wall Street Journal, Jan. 4, 2007.

[7] Elsewhere Kissinger has been directly contemptuous of the role of international law and morality in the conduct of American foreign policy. See e.g. Diplomacy, note 5.

[8] For relevant discussion see Stephen Gill & A, Claire Cutler, eds., New Constitutionalism and World Order (Cambridge, UK: Cambridge University Press, 2014).

[9] Clearly Kissinger has through his own diplomatic experience and scholarly inquiry has developed a deep admiration of the achievement and durability of Chinese civilization as appraised from the perspective of world order. This discovery of Kissinger’s later life corrects his earlier insistence that Westphalian world order as the only game in town. See elaborations in his long book, On China, also discussion in chapters devoted to China(212-75).

UN Report on War Crimes during Israel’s 51 Day Assault on Gaza

6 Jul

 

 

Exactly a year ago, for 51 days between July 7 and August 26 Israel carried out its third major military assault (2008-09; 2012; 2014) on Gaza in the past six years. This last one, code named Operation Protective Edge by Israeli Defense Forces, was the most vicious, killing 2,251 Palestinians, of which 1,462 were civilians, and included 299 women and 551 children, as well as injuring 11,231, a number that includes 3,436 children, 10% of whom have permanent disabilities, and another 1,500 have been orphaned. Israel also suffered casualties: 73 killed of whom 67 were military personnel, and 1,600 injured. Additional to the human casualties, 18,000 Palestinian housing units were destroyed, along with substantial damage to Gaza’s electricity and sanitation systems, 500, 000 Palestinians (almost 1/3 of Gaza’s population) were forcibly displaced during the military operations and 100,000 remain so a year later, and 73 medical facilities and ambulances were destroyed or damaged. Due to the Israeli blockade, the aftermath of this onslaught has prevented a normal recovery, extending the period of suffering endured by the entire Gazan population. The magnitude of the Palestinian losses, as well as the comparison with Israeli losses, and the comparative ratio of civilians to military killed on the two sides, by itself suggests that the essential character of this Israeli undertaking is best understood as ‘state terror’ directed at Gaza’s population as a whole. Such conclusions are reinforced by Israel’s provocations during the month prior to the launch of the attack and by the refusal of its government even to consider frequent proposals by Hamas to establish long-term internationally supervised ceasefire proposals.

 

This one-sided impression of the events is not conveyed by the much anticipated UN Report of the Commission of Inquiry (COI) set up by the Human Rights Council to investigate violations of international human rights and international humanitarian law in July of 2014 that were occurring during Operation Protective Edge. The Commission was originally chaired by William Schabas, a leading world expert of international criminal law, but he resigned under pressure effectively mounted by Israel and the United States, centering on the discovery that Schabas has accepting a small consulting fee for some professional advice given to the Palestinian Liberation Organization a few years earlier. This unhappy development left the commission with only two members, Mary McGowan Davis from the United States and Doudou Déne from Senegal, with Judge McGowan being named as chair. Neither is considered expert in relation to the subject matter being investigated.

 

Balance amid Imbalance

 

The report strives for ‘balance’ carefully setting off violations by Israel against those of what it calls ‘Palestinian armed groups’ creating a profoundly false sense on the part readers as to equivalent responsibility for wrongful behavior by both Israel and Palestine. I agree with Ali Abunimah’s carefully formulated explanation for this misleading approach taken in the report and the deeper message being conveyed: “Despite the ‘balanced’ language that is now the habitual refuge of international officials hoping to avoid false accusations of anti-Israel bias, the evidence shows the scale and impact of Israel’s violence dwarfs anything allegedly done by Palestinians.” [See Ali Abunimah, “’Balance’ in UN Gaza Report can’t hide massive Israeli War Crimes,” Electronic Intifada, 22 June 2015] Or as the widely respected international NGO, BADIL, expresses a similar reaction: “In the language employed, there appears a desire to portray the adversaries as being on an equal footing, despite this being patently untrue, as revealed in the vast disparity in respective casualties and destructive capabilities…attempts to portray ‘balance’ where there is none is extremely problematic.” Typical of the imbalanced balance, the Report observes that “Palestinian and Israeli children were savagely affected by the events,” [§25] which is accurate in a literal sense, but a gross example of treating unequals equally, given the far greater severity of suffering endured by Palestinian children.

Looking for a glimmer of silver lining, some have endorsed this framing device of balance as justified to so as to persuade the mainstream media in the West, and especially the United States, to view the contents of the report more seriously as it cannot be dismissed simply by being called anti-Israeli, or worse, anti-Semitic.

 

As Abunimah emphasizes there is this strange mismatch between the strong evidence of Israeli disregard of legal constraints on military tactics that unduly imperil civilians and this rhetoric of balance, which in effect, assigns blame to both sides. This is not to argue that the criminality of resistance tactics employed by Hamas and associated military groups in Gaza should be entirely ignored, but rather that the primary human impact of Protective Edge was to leave Gaza bleeding and devastated, while Israel endured minimal damage and dramatically less destructive impacts on its societal order. Israeli damage was repaired almost immediately. In contrast, Israel’s refusal to allow ample reconstructions materials to enter has left substantial parts of Gaza in ruins, with many Gazans continuing to lack adequate shelter, remain homeless, displaced, and understandably traumatized.

 

 

 

 

Civilian Focus

 

Despite what might appear to be overly cautious language, a fair reading of the report supports three important conclusions:

  • that Israel’s supposed efforts to protect the civilian population of Gaza were grossly inadequate from the perspective of international humanitarian law, and probably constituted war crimes; and
  • that the military tactics employed by Israel on the battlefield were “reflective of broader policy, approved at least tacitly by decision-makers at the highest level of Government of Israel.”
  • that the focus was on the civilian victims rather than on a bland acceptance of arguments premised on ‘military necessity’ or ‘asymmetric warfare’: in the words of the report, “The commission considered that the victims and their human rights were at the core of its mandate.”

Such findings, coupled with the detailed evidence set forth in the body of the report, provide the International Criminal Court with a strong, if indirect, mandate to proceed further with its preliminary investigation of Israeli criminality in the Gaza War. Palestine is reinforcing this momentum by submitting its own body of evidence to back up allegations of Israeli criminality related to Protective Edge. The Commission makes clear that it is relying, as is customary for non-judicial inquiries of this sort, on a ‘reasonable grounds’ test of potential criminality [§11], which is not as rigorous as would be applied in an ICC trial of accused individuals where the test is often formulated “as guilty beyond reasonable doubt” or some wording to that effect.

 

The Report makes no pretension of making a professional determination as to whether criminal prosecution should follow from its findings, although in its Recommendations section it does urge both the ICC and national courts relying on Universal Jurisdiction to move forward with indictments and prosecutions if the apparent criminality of either side’s conduct is confirmed by further investigation. The ICC had already begun an investigation of its own in response to a Palestinian request after Palestine became a party to the Rome Treaty that provides the authoritative framework for addressing alleged international crimes at an international level. Whether the ICC can bring any perpetrators of Israel’s criminal policies to justice is extremely doubtful as Israel, a non-member, is certain to denounce the effort and the institution and refuse all forms of cooperation; it is relevant also to note that the ICC is not permitted to hold trials without the presence in the courtroom of those accused. Nevertheless, even the prospect of indictments and arrest warrants is itself a strong challenge to Israel’s approach to Gaza, and to the Palestinians generally, and it will further strengthen the BDS Campaign, as well as the wider global solidarity movement that rests on the delegitimizing of Israel’s policies and practices. It will also inhibit travel of Israeli political and military leaders to those countries that empower national courts to exercise universal jurisdiction in relation to well-evidenced allegations of violations of international criminal law.

 

Context

 

There are some definite positive elements in the Report beyond these general conclusions worth mentioning. Unlike prior assessments, including the Goldstone Report of 2009 dealing with Operation Cast Lead, the attack on Gaza that began on December 27, 2008, this new report specifies the context by referring to the Israeli blockade of Gaza as imposing “a continuing collective penalty against the population of Gaza,” [§15]. The Report fails to take the next logical step of identifying this penalty as a flagrant violation of Article 33 of the Fourth Geneva Convention that unconditionally prohibits any collective punishment, and hence is a continuing crime against humanity. Helpfully, though, the Report does say that “the impact of hostilities cannot be assessed separately from the blockade imposed by Israel.” This view is appropriately reinforced with the significant call for “a full and immediate lifting of the blockade,” [§24] although the relevance of the blockade is not stressed in the COI analysis of the combat tactics relied upon by both sides, which suffers from its resolve to appear ‘balanced.’

 

The Report also took innovative account of the fact that the Palestinians were suffering from ‘protracted occupation’ and that there was absent any prospect of peace between Israel and Palestine. [§14ff] Acknowledging that this defining reality has some bearing on the reasonableness of resistance tactics, and should be treated as relevant when assessing the severity of violations. In contrast, Israel as the occupier that has long not only failed to implement, but actively subverted, the unanimous Security Council injunction to withdraw from territory occupied in 1967, should be held to higher standards of compliance with international law by the UN. In the end, the incendiary question posed indirectly is “What are the Palestinians expected to do by way of resistance, considering that they lack precision weaponry and have long been victimized by a prolonged occupation that is oppressive and exploitative, and shows no sign of ending anytime soon?’

 

These contextual factors are also affected by a diplomatic context in which Israel insists on treating Hamas as a terrorist entity, despite the fact that Hamas has been offering long-term proposals for peaceful coexistence supervised by an international presence ever since it decided to pursue a political track to liberation when it participated successfully in 2006 elections in Gaza and the West Bank and effectively abandoned armed struggle, including suicide bombing, as its approach to liberation. Such a potential diplomatic path to Israeli security is not mentioned in the Report, or its legal correlative, that since World War II, recourse to war is legally valid only as a last resort even where legal claims of self-defense are well-grounded. In this regard, Israel’s refusal to explore a diplomatic alternative to war casts doubts on its claim to be acting in necessary self-defense. This diplomatic option for Israeli security should have been discussed in the Report even if it could not be definitively proven to exist. Also, not discussed, is whether given stage-setting Israeli anti-Hamas provocations in the West Bank, which are set forth in the Report, along with the absence of any substantial damage from Gaza rockets fired at Israel, the legal conditions for a claim of self-defense existed given the seeming absence of a prior armed attack as required by Article 51 of the UN Charter.

 

The Report relies on a methodology based on a reasonable interpretation of customary international law articulated by reference to three principles: of distinction (limiting attacks to discrete military targets) ; of proportionality (avoiding uses of force disproportionate to the value of the target); of precaution (taking reasonable measures to avoid civilian death and destruction). [§13] It is evident to the COI that Palestinian missiles, inaccurate and directed toward Israeli population centers, violate the principle of distinction even if they do little damage as do Israeli strikes directed at densely populated residential neighborhoods that inflict massive damage. For instance, the Report condemns the Israeli use of massive firepower against Rafah and Shuja’iya “in utter disregard of its devastating impact on the civilian population.” [§58] Although the Report finds that the use of human shields by either side is a violation of the laws of war, it fails to find sufficient evidence to reach any firm conclusion.

 

Recommendations

 

In the conclusions and recommendations of the Report there are various calls made for greater vigilance in following through, arguing that imposing accountability for violations of international criminal law is relevant to avoiding a repetition of the Protective Edge experience. In this spirit the Report indicates that the victims, in particular, stressed examining “the root causes of the conflict” as an essential step toward future. [§75] There was also a determined emphasis placed on overcoming impunity with respect to such crimes, and in particular, “Israel must break with its lamentable record in holding wrongdoers responsible.” [§76] There is also a specific call to support the work of the ICC, and for Israel to accede to the Rome Treaty that controls the operation of the ICC.[§86(e); 89(d)]

 

The recommendations that are most relevant are set forth in §86(d):

 

“To address structural issues that fuel the conflict and have a negative impact on a wide range of human rights, including the right to self-determination; in particular, to lift, immediately and unconditionally, the blockade on Gaza; to cease all settlement-related activity, including the transfer of Israel’s own population to the occupied territory; and to implement the advisory opinion rendered on 9 July 2004 by the International Court of Justice on the legal consequences of the construction of a wall in the Occupied Palestinian Territory.”

This enumeration is a departure from the tone and substance of balance, and calls upon Israel to bring its behaviour as Occupier into conformity with international humanitarian law. It refrains from mandating the dismantling of the unlawful settlements, but otherwise goes quite far in relation to human rights, including self-determination, settlement expansion, and the wall to address the most fundamental Palestinian grievances.

 

 

 

Conclusion

 

As might have been anticipated, despite the balance of the Report, it was attacked as biased even before being made public by Israel and the United States, and its presentation in an open debate at the Human Rights Council was boycotted. Israel went further, issued extensive report prepared under the aegis of the Israel Defense Forces that exonerated Israel on all counts. [Special Report, ‘Operation Protective Edge,’ Israel Defense Forces, June 2015; “The 2014 Gaza Conflict: Factual and Legal Aspects,” Israel’s Ministry of Foreign Affairs, June 2015] It also invited a group of ‘high-level’ military officers and diplomats to review the allegations, which also vindicated Israel’s claims in its consensus report. [“Key Preliminary Findings of the High Level International Military Group on the Gaza Conflict,” June 12, 2015, UN Watch home page] In effect, the familiar battle lines are drawn at inter-governmental levels, making it clear that nothing can be expected to flow from this Report beyond a further recognition that if the Palestinian struggle is to advance at this stage it will depend on the activism of civil society rather than on the policies of governments or the implementation of the Report’s recommendations by the United Nations.

At the same time, as with the earlier Goldstone Report, it is important that this COI fully documented the essential charges with elaborate evidence, and legitimates the coercive tactics of Palestinian resistance and the nonviolent militancy of the global solidarity movement. As the COI noted, Israel again refused cooperation with the investigative efforts from their outset. The political weight of the Report is augmented by the fact that its findings and recommendation were formally received with approval by a vote of 41-1 in the Human Rights Council.

As could be anticipated, the United States was the lone member of the HRC that refused support to the Report. Even Europe, voting as a unit, gave its positive endorsement. Human Rights Watch made the following observation: “The lack of support by the United States—the only state to vote against shows a disappointing unwillingness to challenge impunity for serious crimes during the Gaza conflict and to stand up for the victims of war crimes during the conflict.”

 

It is sad that despite the abusive attitudes exhibited by the Netanyahu government toward the Obama presidency there is no willingness on the part of Washington to back international criminal law in such circumstances of gross violation. When the United States Government, still the world’s most influential political actor, gives such precedence to the most cynical aspects of alliance politics it sends a powerful message that governments can freely abandon principled foreign policy whenever it conflicts with hard power calculations of geopolitics (and in this instance, more relevantly, with the soft power dynamics of American domestic politics).

 

 

 

RUSSELL TRIBUNAL SESSION ON PALESTINE

5 Sep

[Prefatory Note: On September 24 a special session of the Russell Tribunal will examine war crimes allegations against Israel arising from the 50-day military operation that commence on July 8th. The RT has developed a record of examining the criminality of state actors that enjoy impunity internationally because they are insulated from accountability by what I have called a ‘geopolitical veto’ in this case exercised by the United States and several major European countries. Where governments and the UN fail to implement international law, there exists a right of peoples to play a residual lawmaking function. It is somewhat analogous to the residual role that the General Assembly is empowered to play when the Security Council is unable or unwilling to perform its primary role in relation to international peace and security. To fill this normative vacuum the RT has long played made an honorable contribution to what might be called ‘the empowerment of legal populism.’ I encourage attentiveness to this event, including publicizing its occurrence and disseminating the results of its deliberations. As the announcement below indicates, I am proud to be a member of the jury for the session along with a series of truly distinguished and qualified high profile international personalities known both for their professional achievement and for their principled stands as ‘citizen pilgrims’ dedicated to a humane future shaped by global justice.]

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

RT Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal th

 

 

th-1

24-25 September – Brussels – Albert Hall, Brussel

 

A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

Looking forward to seeing you all in Brussels.

 

Israel’s Crimes in Gaza during Operation Protective Edge – Extraordinary session of the Russell Tribunal

24-25 September – Brussels – Albert Hall, Brussel
A few weeks ago, members of the Russell Tribunal on Palestine, outraged by Israel’s terrible assault on Gaza and its population, decided to start working on an extraordinary session of the Tribunal that will look into Israel’s Crimes (including War Crimes, Crimes against Humanity and the Crime of Genocide) during the still ongoing “Operation Protective Edge” as well as third States complicity.

During this session, that will take place on one day in Brussels on 24th September, our jury, so far composed of Michael Mansfield QC, John Dugard, Vandana Shiva, Christiane Hessel, Richard Falk, Ahdaf Soueif, Ken Loach, Paul Laverty, Roger Waters, Radhia Nasraoui, Miguel Angel Estrella and Ronnie Kasrils will listen to testimonies from Paul Behrens, Desmond Travers, Pierre Barbancey (TBC), Max Blumenthal, Eran Efrati, Mads Gilbert, Mohammed Abou-Arab, Mads Gilbert, Paul Mason, Martin Lejeune, Mohammed Omer, Raji Sourani, Ashraf Mashharawi, Agnes Bertrand, Michael Deas and Ivan Karakashian.

The jury will give its findings on 25th September in the morning during an international press conference at the International Press Center (IPC, Brussels). In the afternoon, the Jury will be received at the European parliament and address a message to the UN General Assembly for its reopening.

To register for the session (free), email us your name and organisation at : rtpgaza@gmail.com

Do mention if you are coming as a journalist and would like to record parts of the session.

To stay in touch with our work, “like” our facebook page! Thanks. (https://www.facebook.com/russelltribunal)

 

 

 

 

 

 

 

 

 

 

Palestinian Recourse to the International Criminal Court: The Time has Come

21 Jul

[Prefatory Note: “Palestine’s Dilemma: To Go or Not to Go to the International Criminal Court” was published on July 13, 2014 on the website of Middle East Eye, a site I strong recommend to all those with an interest in Middle East issues; this post represents a somewhat revised text, but within the framework of the original; the political plausibility of invoking the Inteernational Criminal Court to investigate allegations of criminality directed at Israel increases with each passing day.)

 

 

 

Ever since this latest Israeli major military operation against Gaza started on July 8, there have been frequent suggestions that Israel is guilty of war crimes, and that Palestine should do its best to activate the International Criminal Court (ICC) on its behalf. The evidence overwhelmingly supports basic Palestinian allegations—Israel is guilty either of aggression in violation of the UN Charter or is in flagrant violation of its obligations as the Occupying Power under the Geneva Convention to protect the civilian population of an Occupied People; Israel seems guilty of using excessive and disproportionate force against a defenseless society in the Gaza Strip; and Israel, among an array of other offenses, seems guilty of committing Crimes Against Humanity in the form of imposing an apartheid regime in the West Bank and through the transfer of population to an occupied territory as it has proceeded with its massive settlement project.

 

Considering this background of apparent Israeli criminality it would seem a no brainer for the Palestinian Authority to seek the help of the ICC in waging its struggle to win over world public opinion to their side. After all, the Palestinians are without military or diplomatic capabilities to oppose Israel, and it is on law, global solidarity, and their own creative and brave resistance that the Palestinian people must rest their hopes for eventually realizing their rights, particularly the right of self-determination and the right of return. Palestinian demonstrators in the West Bank are demanding that their leaders in the Palestinian Authority adhere to the Rome Statute, and become members of the ICC without further delay. It has become part of the message of Palestinian street politics that the Palestinians are being criminally victimized, and that the Palestinian Authority if it wants to retain the slightest shred of respect as representatives of the Palestinian people must join in this understanding of the Palestinian plight and stop ‘playing nice’ with Israeli authorities.

 

Such reasoning from a Palestinian perspective is reinforced by the May 8th letter sent by 17 respected human rights NGOs to President Mahmoud Abbas urging Palestine to become a member of the ICC, and act to end Israel’s impunity. This was not a grandstanding gesture dreamed up on the irresponsible political margins of liberal Western society. Among the signatories were such human rights stalwarts as Human Rights Watch, Amnesty International, Al Haq, and the International Commission of Jurists, entities known for their temporizing prudence in relation to the powers that be.

 

Adding further credence to the idea that the ICC option should be explored was the intense opposition by Israel and United States, ominously threatening the PA with dire consequences if it tried to join the ICC, much less to seek justice through its activating its investigative procedures. The American ambassador to the UN, Samantha Power, herself long ago prominent as a human rights advocate, revealed Washington’s nervous hand when she confessed that the ICC “is something that really poses a profound threat to Israel.” I am not sure that Power would like to live with the idea that because Israel is so vulnerable to mounting a legal challenge that its impunity must be upheld whatever the embarrassment to Washington of doing so. France and Germany have been more circumspect, saying absurdly that recourse to the ICC by Palestine should be avoided because it would disrupt ‘the final status negotiations,’ as if this pseudo-diplomacy was ever of any of value, a chimera if there ever was one, in the elusive quest for a just peace.

 

In a better world, the PA would not hesitate to invoke the authority of the ICC, but in the world as it is, the decision is not so simple. To begin with, is the question of access, which is limited to states. Back in 2009, the PA tried to adhere to the Rome Statute, which is the treaty governing the ICC, and was rebuffed by the prosecutor who turned the issue over to the Security Council, claiming a lack of authority to determine whether the PA represented a ‘state.’ Subsequently, on November 29, 2012 the UN General Assembly overwhelmingly recognized Palestine as ‘a nonmember observer state.’ Luis Moreno–Ocampo who had acted in 2009 for the ICC, and now speaking as the former prosecutor, asserted that in his opinion Palestine would now in view of the General Assembly action qualify as a state enjoying the option of becoming an ICC member. Normally, ICC jurisdiction is limited to crimes committed after the state becomes a member, but there is a provision that enables a declaration to be made accepting jurisdiction for crimes committed at any date in its territory so long as it is after the ICC itself was established in 2002.

 

Is this enough? Israel has never become a party to the Rome Statute setting up the ICC, and would certainly refuse to cooperate with a prosecutor who sought to investigate war crimes charges with the possible intention of prosecution. In this regard, recourse to ICC might appear to be futile as even if arrest warrants were to be issued by the court, as was done in relation to Qaddafi and his son in 2011, there would be no prospect that the accused Israeli political and military figures would be handed over, and without the presence of such defendants in the court at The Hague, a criminal trial cannot go forward. This illustrates a basic problem with the enforcement of international criminal law. It has been effective only against the losers in wars fought against the interests of the West and, to some extent, against those whose crimes are in countries located in sub-Saharan Africa. This biased form of international criminal law implementation has been the pattern since the first major effort was made after World War II at Nuremberg and Tokyo. Surviving German and Japanese leaders were prosecuted for their crimes while exempting the winners, despite Allied responsibility for the systematic bombing of civilian populations by way of strategic bombing and the American responsibility for dropping atomic bombs on the heavily populated cities of Hiroshima and Nagasaki.

 

Unfortunately, up to this time the ICC has not been able to get rid of this legacy of ‘victors’ justice,’ which has harmed its credibility and reputation. All ICC cases so far have involved accused from sub-Saharan African countries. The refusal of the ICC to investigate allegations of war crimes of the aggressors in relation the Iraq War of 2003 is a dramatic confirmation that leading states, especially the United States, possess a geopolitical veto over what the ICC can do. The ICC failure to investigate the crimes of Bush and Blair, as well as their entourage of complicit top officials, vividly shows the operations of double standards. Perhaps, the climate of opinion has evolved to the point where there would be an impulse to investigate the charges against Israel even if procedural obstacles preventing the case from being carried to completion. Any serious attempt to investigate the criminal accountability of Israeli political and military leaders would add legitimacy to the Palestinian struggle, and might have a positive spillover effect on the global solidarity movement and the intensifying BDS campaign.

 

Yet there are other roadblocks. First of all, the PA would definitely have to be prepared to deal with the wrath of Israel, undoubtedly supported by the United States and more blandly by several European countries. The push back could go in either of two directions: Israel formally annexing most or all of the West Bank, which it seems determined to do in any event, or more likely in the short run, withholding the transfer of funds needed by the PA to support its governmental operations. The U.S. Congress would be certain to follow the lead of Tel Aviv even if the Obama presidency might be more inclined to limit its opposition to a diplomatic slap on the PA wrist as it did recently in reacting to the June formation of the interim unity government, an important step toward reconciling Fatah and Hamas, and overcoming the fragmentation that has hampered Palestinian representation in international venues in recent years.

 

A second potential obstacle concerns the jurisdictional authority of the ICC, which extends to all war crimes committed on the territory of a treaty member, which means that leaders of Hamas would also likely be investigated and indicted for their reliance on indiscriminate rockets aimed in the direction of Israeli civilian targets.There is even speculation that given the politics of the ICC such that crimes alleged against Hamas might be exclusively pursued.

 

If we assume that these obstacles have been considered, and Palestine still wants to go ahead with efforts to activate the investigation of war crimes in Gaza, but also in the rest of occupied Palestine, what then? And assume further, that the ICC reacts responsibly, and gives the bulk of its attention to the allegations directed against Israel, the political actor that controls most aspects of the relationship. There are several major crimes against humanity enumerated in Articles 5-9 of the Rome Statute for which there exists abundant evidence as to make indictment and conviction of Israeli leaders all but inevitable if Palestine uses its privilege to activate an investigation and somehow is able to produce the defendants to face trial: reliance on excessive force, imposing an apartheid regime, collective punishment, population transfers in relations to settlements, maintenance of the separation wall in Palestine.

 

The underlying criminality of the recent aggression associated with Protective Edge (Israel’s name for its 2014 attack on Gaza) cannot be investigated at this point by the ICC, and this seriously limits its authority. It was only in 2010 that an amendment was adopted by the required 2/3 majority of the 122 treaty members on an agreed definition of aggression, but it will not become operative until 2017. In this respect, there is a big hole in the coverage of war crimes currently under the authority of the ICC.

 

Despite all these problems, recourse to the ICC remains a valuable trump card in the thin PA deck, and playing it might begin to change the balance of forces bearing on the conflict that has for decades now denied the Palestinian people their basic rights under international law. If this should happen, it would also be a great challenge to and opportunity for the ICC finally to override the geopolitical veto that has so far kept criminal accountability within the tight circle of ‘victors’ justice’ and hence only accorded the peoples of the world a very power-laden and biased experience of justice.

IRAQI OCCUPATION AND HIGHER EDUCATION: THE GHENT CHARTER

4 Jan


For Americans, the long occupation of Iraq, dating back to 2003 when George W. Bush notoriously proclaimed ‘mission accomplished,’ is measured almost entirely by the American casualty count and the cost of the war to taxpayers, now estimated to be over $3 trillion, an amount large enough to make major inroads on global poverty and preventable disease. The loss of Iraqi lives or the devastation of the country, or the long suffering inflicted on the people of Iraq, does not enter into calculations. Much attention is given to whether the outcome can be called ‘a success’ or somehow beneficial for the people of Iraq, but without any notice of the enormous human price paid by a people that was never consulted in typical imperial behavior. Iraq is the poster child of post-colonial colonialism that disregards the ethos of self-determination in pursuit of geopolitical goals such as oil, regional hegemony, Israeli priorities.

For Iraqis, the occupation followed a frightening ‘shock and awe’ onslaught in 2003 that had been preceded by twelve years of punitive sanctions that took hundreds of thousands of civilian lives following the Gulf War of 2001 that deliberately devastated the infrastructure of the country to a degree that a respected UN Report described the country as bombed back to ‘the stone age.’ A phenomenon that Madeleine Albright notoriously described at the time on prime time TV “as worth it” when confronted with the estimated civilian losses due to sanctions as 700,000.

During this period Iraq shifted its status from being the country with the most impressive development statistics in the region with respect to social indicators to becoming a failed state in every sense: increasing poverty, loss of skill personnel in all sectors, declining literacy, declining life expectancy, staggering unemployment, destruction of cultural life, pervasive civic violence, lethal religious conflict, all forms of acute insecurity.  (See some salient statistics in the Ghent Charter with link at end of text below)

(additional information is contained in an excellent article by Dirk Anriaensens, “Iraq: The Age of Darkness,” <www.brussellstribunal.org/> International Seminar on the Situation of Iraqi Academics, under ‘publications’)

True, Iraq under Saddam Hussein had been oppressively governed, especially for the Kurdish minority and the Shiite majority, but there was a high degree of social order, material progress, and economic stability. True, Iraq was a disruptive presence in the region, attacking Iran (with U.S. encouragement) in 1980, and then invading and annexing Kuwait in 1990. Yet nothing can vindicate the American led response based on war, punitive sanctions, and prolonged occupation. By now it should be evident that the forcible destruction of the regime of Saddam Hussein caused a far worse humanitarian catastrophe than did the abuses, however dreadful, associated with his governance. Military intervention has been uniformly shown to be a darkly dysfunctional corrective for abusive governance, especially in the post-colonial era. The tragedy inflicted on the people of Iraq is a direct result of American crimes of aggression, war crimes, and crimes against humanity, the offenses for which German and Japanese leaders were prosecuted and punished after World War II at the Nuremberg and Tokyo Tribunals. If there is a lesson in all this, it is that imperial grand strategy as it is playing out in the Middle East and Central Asia is intrinsically criminal, and its cruel impositions can only be defeated by campaigns of global solidarity.  Neither states nor the United Nations possess the political will or capabilities to oppose effectively these extensions of colonial behavior in the post-colonial era. As far as human rights are concerned, their realization is essentially a societal challenge, and unless abuse reaches the level of genocide or ethnic cleansing, violations should never serve as a pretext for military intervention even if disguised as ‘humanitarian intervention’ or fulfillments of the norm of ‘responsibility to protect.’

By now, there are no excuses left to ignore the horrors that accompany foreign military occupation. The prolonged experiences of Iraq, Palestine, and Afghanistan provide a consistent confirmation that benevolent claims of the occupier are disguises for exploitation, corruption, oppression, and violence against innocent civilians.

My focus in this blog is on the terrible condition of institutions of higher learning in Iraq.

The shocking portrait of what occupation has meant for academicians and students is depicted by the Ghent Charter that has been endorsed by prominent educators in Europe and elsewhere, including the Rector of the University of Ghent. The BRussell Tribunal has played a leading part in exposing these realities afflicting Iraqi universities, and has organized a seminar to take place in Ghent, Belgium, March 9-11, 2011, with the title “Defending education in times of war and occupation.” It is important that all of us, especially those paying taxes in the United States to pay for this occupation, understand that our silence is complicity. Especially those of us associated with teaching and research in American universities bear an additional responsibility to exhibit even now our solidarity with those who have suffered and are suffering in Iraqi academic communities. We know that many faculty members have been murdered since 2003 (over 500 confirmed cases), particularly those who spoke out and acted against the occupation, and many more have fled the country permanently. The departure of university personnel is part of a wider exodus of middle class Iraqis, estimates are over two million, leaving the country deprived of the sort of national social fabric essential to avoid predatory forms of foreign economic exploitation of the country. We who devote our lives to higher education realize the importance of educated and dedicated young people for the wellbeing of a country. If Iraq’s future is to be restored to some semblance of decency, its institutions of higher learning will need to become safe and hospitable for students and faculty.

In the meantime, read the Ghent Charter and weep! Ghent Charter in Defense of Iraqi Academia