Category Archives: Occupation

Zero-sum logic – the existence of a people depends on the nonexistence of the other

A Palestinian scholar from Gaza, Jehad Abu Saleem, shared the following analysis in February 2018:

The collapse of life in Gaza has entered a critical stage. The eleven years of siege, isolation, and destructive wars of aggression are bearing their bitter fruits. What else but collapse will result from more than a decade of intense choking of a population of two million people. The collapse of Gaza manifests itself on every aspect of life there: rising suicide rates, crime, and new levels of poverty and impoverishment at unprecedented scales.

The siege on Gaza has become a forgotten part of the Palestinian experience under occupation. The siege was normalized despite several attempts to put an end to it. At this point, the fact that Gaza is under siege is a given. Gaza and siege became synonyms. The fact that the siege still persists despite all the attempts to end it should make us rethink the way we talk about Gaza, its history, and its place within the larger context of the Israeli occupation and control of Palestinian lives.

three evils

Much has been written and said about the siege from a humanitarian lens/framework. While a humanitarian framework can be useful when responding to urgent situations, sometimes it distracts us from the larger historical, political, and moral questions that need to be asked when we are faced by large-scale man-made crises like the one in Gaza.

The siege on Gaza is not an isolated event in the history of Palestine. It happened as part of the unfolding of a larger and much more complicated history and series of events. The siege on Gaza and its perpetuation to the current level is the logical conclusion of a situation that is inseparable from the logic that defines the relationship between Zionist Jews and Palestinian Arabs in historic Palestine. It’s a zero-sum logic, a mutually exclusive reality in which the existence of a people depends on the nonexistence of the other.

amir-schiby-bakr-boys-cf

The question haunting people in Gaza now is what will become of them in light of any future escalation. No one knows what will this look like, but what we know for sure by now, and it’s a terrifying thing: we know that we are now in a region where people’s wishes for dignity and liberation no longer mean anything. The triumph of counter-revolution backed by regional and international players has normalized acts of mass murder and depopulation of millions of people for the sake of crushing demands for liberation. We know that Palestinians are vulnerable in light of the current alignment of powers in the Middle East. All this nonsense about a so-called “resistance” camp rushing to the rescue of Palestinians is pure nonsense in light of the current geopolitical context. Gaza might end up paying the price of the normalization of what we saw in Syria, Yemen, the Sinai, and Iraq under the pretext of “war on terror.”

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Jewish Federation’s astonishing admission to New Orleans City Council

In an odd twist of events, on January 11, 2018, the New Orleans City Council approved a non-binding resolution to review the city’s investments and contracts to ensure that they are consistent with human rights; and two weeks later the city council unanimously withdrew the resolution. The stated reason was to correct a procedural flaw in its passage.

There’s more to this story than meets the public’s eye. But first, read the resolution, reprinted in full below.

RESOLUTION

NO. R-18-5

CITY HALL: January 11, 2018

BY: COUNCILMEMBERS CANTRELL, BROSSETT, GRAY, HEAD AND WILLIAMS

WHEREAS, the City of New Orleans (hereinafter the “City”) was declared to be a Welcoming City on October 1, 2015, to create a more inclusive, receptive city environment for all local populations; and

WHEREAS, the City commits itself to protect, respect, and fulfill the full range of inherent human rights for all, as set forth in the Universal Declaration of Human Rights and numerous other international human rights instruments; and

WHEREAS, the City enshrined these values in Ord. No. 19278 M.C.S.; 25700 M.C.S.; Code of Ord. Sec. 86-4. (Safeguard all individuals within the city from discrimination because of race, creed, national origin or ancestry, color, religion, gender or sex, sexual orientation, gender identification, marital status, age, physical condition or disability in connection with employment, housing, public accommodations, financial practices, and credit transactions; to protect their interest in personal dignity and freedom from humiliation; to make available to the city their full productive capacities in employment; to secure the city against domestic strife and unrest which would menace its democratic institutions; to presevre the public safety, health, and general welfare; and to further the interest, rights, and privileges within the city); and

WHEREAS, the City has pledged to meet its commitments to rewarding workplace diversity, promoting local industry, protecting the environment, and promoting equity through compliance with civil rights; and

WHEREAS, consistent with its responsibilities to its residents, the City of New Orleans, has social and ethical obligations to take steps to avoid contracting with or investing in corporations whose practices consistently violate human rights, civil rights or labor rights, or corporations whose practices egregiously contradict efforts to create a prosperous, educated, healthy and equitable society; NOW, THEREFORE

BE IT RESOLVED, That the City Council encourages the creation of a process to review direct investments and contracts for inclusion on, or removal from, the City’s list of corporate securities and contractual partners, according to the values of the City as referenced in this Resolution.

THE FOREGOING RESOLUTION WAS READ IN FULL, THE ROLL WAS CALLED ON THE ADOPTION THEREOF, AND RESULTED AS FOLLOWS:

YEAS: Brossett, Gray, Guidry, Ramsey, Williams – 5

NAYS: 0

ABSENT: Cantrell, Head – 2

AND THE RESOLUTION WAS ADOPTED.

Not a word about Israel, Palestine, BDS, or human rights violations in the occupied Palestinian territories. Not a peep about which investments or contracts the city should review. But as soon as the ink was dry, the Jewish Federation of New Orleans was down at City Hall lobbying councilors to rethink their support for this pro-Palestinian resolution because they found the resolution’s “anti-Israel sentiment was offensive.” And the elected officials fell right into line.

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New Orleans Mayor-Elect LaToya Cantrell ((Photo by Brett Duke, NOLA.com | The Times-Picayune) )

Mayor-Elect Cantrell explained her reason for rescinding the resolution.

Compounding the procedural deficiencies in the adoption of this resolution, [suspension of the rules is allowed via Rule 17] its passage has shrouded the city in an undesired and damaging falsehood. Statements from outsiders now claim that New Orleans is now one of the largest cities in the United States supportive of BDS (Boycott, Divestment and Sanctions), a movement aimed at delegitimizing the State of Israel. This is totally inaccurate, untruthful and does not reflect the values of New Orleans. We are a city that is welcoming, and open to all. Well intentioned actions can be taken out of context by others for their own political benefit, with negative connotations that overshadow any original motives; I believe that is what happened with this resolution.

As mayor-elect, I am committed to leading a city that champions civil and human rights, democratic engagement, and transparency. While I will continue to examine issues of civil rights and fair contracting, I want to unequivocally reiterate that I am neither supportive of the BDS movement nor in any way hostile to the Jewish community or the State of Israel.

Clearly, the Mayor-elect did not hear from the UN Special Rapporteur S. Michael Lynk (Canada), who recently called on the international community to recognize Israel’s prolonged occupation of Palestine as unlawful under international human rights law and to use the tools in its toolbox to bring an end to the occupation. (Photo on Left)

The Mayor-elect didn’t hear from Amira Hass, the Israeli journalist who has written extensively about the occupation and its impact on both Palestinians and Israelis, and most recently about Israel’s decision to blacklist people and organizations that support BDS. See her Jan. 8 column.  (Photo top right).

I suspect the Mayor-elect might not know Gideon Levy, another Israeli journalist, who has written for many years about Israel, Palestine, the occupation and BDS (photo middle right), nor Rabbi Arik Ascherman (photo bottom right) who lives in Israel and after 21 years leading Rabbis For Human Rights, recently founded “Torat Tzedek Torah of Justice,” dedicated to the human rights of Israeli single parent moms and Palestinians alike, because the Torah teaches Jews that every human being is created in God’s Image.

That a non-binding resolution — calling for the city to review its investments and contracts to ensure they’re consistent with the city’s support for human rights — might impact the State of Israel’s occupation of Palestine, is a damning confirmation by the Jewish Federation of New Orleans that at least some American Jews know that Israel’s dehumanizing treatment of Palestinians is contrary to international human rights law.

THINK ABOUT THAT FOR A MOMENT!

I hope New Orleans Mayor-elect and the full City Council will reflect on this unintended admission by the Jewish Federation, and take it upon themselves to learn more about the non-violent BDS movement whose goal is not to “delegitimize Israel” (as the Mayor-elect seems to believe) but to focus the world’s attention on the human rights of Palestinians who have lived under Israel’s occupation for half a century. The City of New Orleans needs to get on the right side of history.

Loss of Land

 

 

 

 

 

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Dystopia

A question for my friends who are history buffs.

Were there any journalists in Germany in the 1930s writing about the shocking and disgusting actions occurring in the concentration camps? I’m talking about contemporaneous reporting that provided the truth behind the barbwired fences.

Dachau

Inmates in Dachau line up. This photograph was on the cover of the Munchen Illustierte Press edition on July 16, 1933. Photo credit: USHMM Photo Arhives

Although I found this photo published in 1933, my hunch is that the German people were not informed about the atrocities occurring in the camps — the medical experimentation, the severe deprivations of food and other basics of life, and the gas chambers.  The Germans didn’t know about all of that, right?  (Please correct me if I’m wrong.)

In Israel today, thanks to journalists like Gideon Levy and Amira Hass, the average Israeli has access to the brutal facts about Israel’s occupation and 10+ years blockade of Gaza, the largest open air prison on the planet.

Although Israel has prevented Israeli journalists from entering Gaza for many years, reports are getting out, like this report [Gaza Kids Live in Hell: A Psychologist Tells of Rampant Sexual Abuse, Drugs and Despair] from Israeli psychologist, Mohammed Mansour.

Mohammed Mansour

Mohammed Mansour, a psychologist who volunteers in Gaza with Physicians for Human Rights. Tomer Appelbaum – Hareetz

Gideon Levy writes: Mansour describes dystopia, a society that is falling apart. Devastation. Gazans demonstrate astonishing endurance, spirit and solidarity in their families, villages, neighborhoods and camps, after all the plagues they have suffered: refugees, children of refugees, grandchildren of refugees and great-grandchildren of refugees, are falling apart.

Mansour described an all-out struggle for survival, with addiction to painkillers as the last refuge. Nothing is left of the Gaza we knew. Nothing reminds us of the Gaza that we loved. “It will be difficult to restore Gaza’s humanity. Gaza is hell,” says Mansour.

This is a man-made, evil catastrophe just as Hitler’s concentration camps were …. there is no difference, and no justification.

Maybe Germans didn’t know what their leader was doing to an entire generation of Jews secreted away in those concentration camps. The Israelis today have no excuse for the state’s inhumane cruelty perpetrated on several generations of Palestinians. History will judge Israel, its leaders and its people harshly, as it should.

 

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Israel has crossed the red line – no longer the lawful occupant of the Palestinian Territories

When is enough, enough under international law?

michael_lynk

Special Rapporteur S. Michael Lynk

That’s the question that the UN rapporteur for human rights in the occupied territories, S. Michael Lynk, asked and answered in his report to the U.N. General Assembly in October 2017.

Lynk is a Canadian professor of law and human rights expert. His words should carry some umpf! in the international community, if not with Israeli officials who have persistently refused to accept more than 40 UN resolutions over the past half century pertaining to the occupied territories.

To summarize this 22 page report, which should be required reading for everyone interested in the future of Israel and Palestine, Professor Lynk is opening a new (legal) chapter in Israel’s occupation of East Jerusalem, the West Bank, and the Gaza Strip.

He is making the case for recognizing Israel as an illegal occupier, and calling on the international community to use all of the tools in its toolbox to end this illegal occupation.

Israel denies that it’s occupying Palestine, despite the contrary opinion of the rest of the world. (Israeli deputy foreign minister denies Palestinians live under occupation: ‘This is Judea and Samaria’)

Loss of Land

“The Israeli occupation has become a legal and humanitarian oxymoron: an occupation without end,” Professor Lynk writes. It is the longest-running military occupation in the modern world.

The inability to end the Israeli occupation has been an abject failure of international diplomacy, a darkening stain on the efficacy of international law and the source of multiple broken promises to the Palestinian people. Nor does the prolongation of this occupation serve the people of Israel, for it corrodes their society and their public institutions by entangling them in their government’s drive to foreclose a viable and just solution to the half-century of occupation and the century-long conflict, and makes them the benefactors — unwittingly or not — of a profoundly unequal and unjust relationship.

How should we characterize this occupation in 2017? Professor Lynk proposes that Israel is no longer the lawful occupant of the Palestinian territory, but has now crossed a red line and has become the unlawful occupier. His argument goes like this:

  1. “Two decades into the 21st century, the norm that guides our global community is that people are citizens, not subjects, of the state that rules them. … Colonialism, occupation and other forms of alien rule are very much the exception to this norm.”
  2. The right of self-determination, and economic, social and cultural rights — are to be interpreted broadly, while the exceptions to these fundamental rights — such as military necessity, significant threats to national security or public emergencies — are to be interpreted narrowly.
  3. Three core purposes of modern international humanitarian law related to foreign military occupation are: (a) closely regulate the occupation to ensure that the territory achieves, or is restored to, a state of sovereignty, (b) prevent the territory from becoming a fruit of conquest, and (c) safeguard the protected people under occupation.
  4. The International Court of Justice has affirmed that international human rights law continues to apply in times of conflict and throughout an occupation.
  5. The right to self-determination is a right that applies to everyone living under occupation, and the court has specifically recognized the right of the Palestinians to self-determination.
  6. Israel has occupied the Palestinian territory – the West Bank, including East Jerusalem and Gaza – since June 1967, and therefore the Fourth Geneva Convention applies in full. 
  7. Palestinians are “protected persons” under international humanitarian law and are entitled to the protections of the Fourth Geneva Convention. The international community has widely rejected Israel’s assertions that the Fourth Geneva Convention does not apply.

So what should the international community do?

Professor Lynk proposes that the U.N. General Assembly seek an advisory opinion from the International Court of Justice on the question of the legality of the occupation.

ICJ

International Court of Justice

Courts and lawyers favor tradition and precedent (stare decisis), and Professor Lynk finds ample precedent in the ICJ’s 1971 Namibia opinion, where the court decided that South Africa’s continued presence in the territory of Namibia was illegal.  (On a side note, I’ve just completed a couple of online courses in International Humanitarian Law and International Human Rights Law, and really appreciate how Professor Lynk’s report connects all of the dots that I’ve just learned.)

Application of the Legality Test to Israel’s Occupation

The ICJ should consider four elements, Professor Lynk writes, to determine if Israel is now an illegal occupying force.

  1. The prohibition against annexation: Israeli officials have made their intentions crystal clear. There are now 210,000 Israeli settlers living in occupied East Jerusalem, and another 400,000 settlers live in approximately 225 settlements in the occupied West Bank. Israel has been establishing its “facts on the ground” for a de facto annexation of the occupied lands that belong to the Palestinian people under international law. “The settlers live under Israeli law in Israeli-only settlements, drive on an Israeli-only road system, and benefit greatly from the enormous sums of public money spent by Israel on entrenching and expanding the settlements. … What country would invest so heavily over so many years to establish many immutable facts on the ground in an occupied territory if it did not intend to remain permanently?”
  2. Occupations must be temporary, and not indefinite or permanent. “Modern occupations that have broadly adhered to the strict principles concerning temporariness, non-annexation, trusteeship and good faith have not exceed 10 years, including the American occupation of Japan, the Allied occupation of western Germany and the American-led coalition’s occupation of Iraq.” Israel’s occupation is 50 years old. “The only credible explanation for Israel’s continuation of the occupation and its thickening of the settlement regime is to enshrine its sovereign claim over part or all of the Palestinian territory, a colonial ambition par excellence.”
  3. The Best Interest/Trust Principle. “Under international law, Israel is required to administer the occupied Palestinian territory in the best interests of the Palestinian people, but the social and economic impact of the occupation on the Palestinians in the occupied territory, which had always been disadvantageous, has become increasingly dire in recent years.” Professor Lynk’s report spells out in no uncertain terms how Israel has taken advantage of the natural resources, and ruled the Palestinian Territory as an internal colony, to create a “strangled economy, mounting impoverishmet, daily impositions and indignities, and receding hope for a reversal of fortune in the foreseeable future.”
  4. Good Faith. Professor Lynk says that Israel has not been acting in good faith because it hasn’t complied with the 3 elements above, and it hasn’t complied with specific directions issued by the United Nations pertaining to the occupation. The enumeration of Israel’s noncompliance with international law is damning and shocking when it’s all spelled out in one place. Israel (and it’s best friend the United States Congress) might argue that the United Nations is bias against Israel, but what Israel really means is that the community of nations has not accepted Israel’s blatant attempt to unilaterally rewrite international law to suit its own self-interest.
checkpoint

Israeli checkpoint for Palestinians posted by Husam Jubran on Facebook Nov. 2, 2017

Professor Lynk’s concluding observation is an alarm bell that every lawyer should take seriously, regardless of personal opinions about Israel / Palestine and the occupation.

International law is the promise that states make to one another, and to their people, that rights will be respected, protections will be honoured, agreements and obligations will be satisfied, and peace and justice will be pursued. It is a tribute to the international community that it has sustained this vision of international law throughout its supervision of Israel’s occupation of the Palestinian territory.

But it is no tribute that — as the occupation deepened, as the occupier’s intentions became crystal clear, and as its defiance grew — the international community recoiled from answering Israel’s splintering of the Palestinian territory and disfiguring of the laws of occupation with the robust tools that international law and diplomacy provide. International law, along with the peoples of Palestine and Israel, have all suffered in the process.

The challenge now facing the international community … is to devise and employ the appropriate diplomatic and legal steps that, measure by measure, would completely and fully end the occupation.

 

 

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Action, not more words

Lord Balfour

Lord Arthur Balfour

Most Americans don’t give a squat about diplomacy and history, so the 100th year anniversary of the Balfour Declaration won’t register much more than a tick in U.S. papers and social media.  The U.S. Congress will be quietly considering a resolution in support of this abomination in the next few weeks.

On the other hand, the history and import of Balfour’s infamous letter, giving a homeland to the Jews in the land of Palestine, is drawing a lot of attention in the UK and Palestine.

On November 2, 1917, Lord Balfour wrote:

“His Majesty’s government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country.”

The Zionists considered this short statement (which they drafted in large measure) their first and biggest diplomatic success. From these 67 words, sprang the Zionists’ dream and the Palestinians’ nightmare. Today, a century later, it is clear that the first part of Lord Balfour’s declaration has been realized, but not the second.

Many are calling attention to this failure, walking 3,400 km. from London to Jerusalem to drive the point home. 

Today (Nov. 2, 2017) a new declaration was presented to the Consulate-General in Jerusalem with a request that it be passed on to the Foreign Secretary, Boris Johnson, and to the Prime Minister, Theresa May.

Preamble
We have walked more than 3,400 kilometres to be here today. We have walked in penance and in solidarity. We have walked in recognition that the Balfour Declaration led to one people’s freedom and another people’s oppression.

We have walked with our Christian, Muslim and Jewish partners in the Holy Land to hear their witness to the consequences of Balfour. Today, one hundred years after the original Balfour Declaration was made, we propose a new declaration. We offer a ‘new Balfour’ to Her Majesty’s Government, a new 67-word declaration written in the belief that peace will only come through justice and reconciliation.

“Her Majesty’s Government view with favour the establishment in Palestine/Israel of a safe and secure home for all who live there. The nations of the world should use their best endeavours to facilitate the achievement of this objective, it being clearly understood that nothing shall be done which may prejudice the civil, political and religious rights of Palestinians or Jews living in Palestine/Israel or any other country.”

I understand and appreciate the sentiments expressed in this new declaration but it’s naive and, even if everyone agreed with it (especially leaders in the UK, Israel and Palestine), it’s too little, too late.

Rather, world leaders should take note of the report released this week by S. Michael Lynk, a Canadian professor of law and human rights expert, and the UN rapporteur for human rights in the occupied territories. He’s calling for sanctions against Israel to pressure that government to end its military occupation. This is a critical and necessary step to secure justice for the Palestinians, but it’s also important to reaffirm our global commitment to international law and the rule of law.

The “duration of this occupation is without precedent or parallel in today’s world,” the report said. Israel has “driven Gaza back to the dark ages” due to denial of water and electricity and freedom of movement. There is a “darkening stain” on the world’s legal framework because other countries have treated the occupation as normal, and done nothing to resist Israel’s “colonial ambition par excellence,” which includes two sets of laws for Israelis and Palestinians.

Words will no longer suffice a century after Lord Balfour’s declaration. Palestinians need action, not more words.

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Donald and Bibi – two birds of a feather

Why can’t Trump give a full-throttle denunciation of the white supremacists, the KKK, and the neo-Nazis who violently marched through Charlottesville last weekend, killing a young anti-Fascist protester? Instead he raises the false equivalency of both sides are to blame.

Why does Netanyahu give a tardy and tepid response to the marchers who yelled “Jews will not replace us!”?

Why does Netanyahu’s son consider ‘anti-Fascist thugs’ as bad as neo-Nazis?

The answer is short and simple.

All three men share a fundamental belief that the ends justify the means. Trump wants to make America great again for white nationalists. Does anyone still doubt that?

Under Netanyahu’s leadership for many years, and the Zionists who came before him, the State of Israel has proven to be a Jewish nationalist project which has expelled, slaughtered, dehumanized and subjugated Palestinians under a brutal military Occupation for the past 50 years, and well before that with the creation of the State of Israel in 1948.

The ends justify the means.

So Jewish nationalists (aka Zionists) despise folks like me more than Nazis because we dare to call a spade, a spade. We’re calling for the end of the illegal occupation. Nazis are calling for the extermination of Jews. Think about that for a moment.

If you condemn neo-Nazis and white supremacists marching in Charlottesville, but you’re silent about (or worse, support) the Israeli occupation of Palestine, then you’re a hypocrite.

three evils

 

 

 

 

 

 

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Cameraman in Gaza films the attack that killed him #OperationProtectiveEdge

Two years after Operation Protective Edge, Aljazeera World produced this video to remember the journalists and cameramen killed during Israel’s assault on Gaza.

On July 8, 2014, Israel launched Operation Protective Edge, aimed at stopping alleged rocket fire from Gaza into the occupied territories.

One of the most densely populated neighbourhoods in the Gaza Strip, Shujayea was claimed by Israel to be the site of Hamas “terror tunnels”.

The attack started late on July 19, initiating 24 hours of sustained air bombardment and artillery fire.

An American military officer talking to Al Jazeera said 11 Israeli artillery battalions fired around 7,000 shells into Shujayea over that 24-hour period, in which at least 65 Palestinians were killed and 288 wounded.

One paramedic reported more than 200 calls for help at the peak of demand, one from virtually every house on targeted streets.

The emergency services responded to every callout with scant regard for their own safety.

In this film, cameraman Khaled Hamad joins local paramedics in Shujayea as they attend to the dead and wounded at the height of the raid. Risking his life, he documents the atrocities committed against civilians in the neighbourhood during Operation Protective Edge.

A number of journalists were killed. News photographer Rami Rayan died while shooting stills of a busy market where locals were shopping during a brief humanitarian truce.

Knowing the risks, Hamad continues to film until his camera dramatically captures the raid in which he and paramedic Fouad Jaber come under direct attack.

Paramedics, Hamad’s fellow journalists and family all maintain that Israel targeted journalists in order to try and minimise coverage of what the Palestinians described as a “massacre”.

Most of the footage in the film is Hamad’s, his camera never stops shooting even after he is struck, and continues rolling long after he has taken his final breath.

Source: Al Jazeera

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