Category Archives: US Policy

Relay Run for Refugees

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The United Nations Relief and Works Agency (UNRWA) is the U.N. agency created shortly after Palestine was divided in 1948. UNRWA’s mandate was to specifically address the needs of the Palestinians uprooted from their homes, businesses and communities. Some were forcibly removed by the Jewish Zionists, some were threatened and fled, and some were butchered when they didn’t flee soon enough (Deir Yassin massacre).

When UNRWA began operations in 1950, it was responding to the needs of about 750,000 Palestine refugees. Today, some 5 – 7 million Palestine refugees are eligible for UNRWA services.  The common denominator among all of the refugees is that they are waiting to return to their communities. To this day, many Palestinian refugees still have the keys to their homes located in present-day Israel.

Nakba 2

It’s often claimed that the refugees left voluntarily but the factual record doesn’t support that contention. The American Friends Service Committee (AFSC) provides a very good summary of what happened in 1948 and the rights of the refugees today.

Palestinian refugees’ right to return to the homes from which they were displaced is well established in international law. The first source of support for Palestinian refugees’ claims to a right of return is U.N. General Assembly Resolution 194 (III) Of December 1948, paragraph 11, in which the U.N. General Assembly,

“Resolves that the refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity, should be made good by the governments or authorities responsible;

Instructs the Conciliation Commission to facilitate the repatriation, resettlement and economic and social rehabilitation of the refugees and the payment of compensation…”

Since 1949, this resolution together with UNSC Res. 242 and 338 have been regularly reaffirmed by the U.N. General Assembly.

Loss of LandUNRWA provides education, healthcare, and employment opportunities for millions of Palestinian refugees, but Trump claims the agency is a failure and unsustainable, citing the growing number of refugees. Human rights lawyer, Francesca P. Albanese, wrote a very good monograph about the challenges confronting UNRWA, but we know Trump won’t be bothered with the facts. I hope members of Congress will take time to read it. (Available here.)

September 20-25, 2019, UNRWA-USA is hosting a relay-run that urges the U.S. government to put humanitarian assistance ahead of politics and back in line with American values. Partnering with Right to Movement, UNRWA-USA will bring a group of runners and refugees from Palestine to relay run down the East Coast to deliver a message that UNRWA needs America’s investment. The relay will begin on Friday, September 20 in New York City at the start of the UN General Assembly and the runners will make stops along the East Coast to share stories at community events hosted by like-minded partners and collect support for UNRWA’s humanitarian programs and services for Palestine refugees in the Middle East.

Relay itinerary:

-9/20: relay kicks off in New York City
-9/21: run from New York to Clifton, New Jersey
-9/22: run from New Jersey to Philadelphia, Pennsylvania
-9/23: run from Pennsylvania to Wilmington, Delaware
-9/24: run from Delaware to Baltimore, Maryland
-9/25: run from Maryland to Washington DC

Please consider supporting these runners and UNRWA with a donation that represents your values and concern for Palestinian refugees.  Check out the link for online donations and more information.

 

 

 

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Filed under Uncategorized, People, US Policy, United Nations, Nakba

“What are Trump and Netanyahu afraid of?” — New York Times editorial board asks

iStock 20492165 MD - American and Israeli flags

America and Israel flags

The New York Times Editorial Board, so often an apologist for Israel’s brutal occupation of the Palestinians, opined (August 15, 2019) that Trump’s and Netanyahu’s actions denying two U.S.  Congresswomen the opportunity to visit Israel-Palestine was a sign of weakness.

There are not many traditions of decorum that President Trump has not trampled on since entering the White House. But to put at risk, so cynically, America’s special relationship with Israel solely to titillate the bigots in his base, to lean so crassly on a foreign leader to punish his own political adversaries, to demonstrate so foul a lack of respect for the most elemental democratic principles, is new territory even for him.

America’s special relationship with Israel” translates to $3+ Billion every year from US taxpayers to Israel; an unquestioning veto at the UN Security Council to prevent any measure critical of Israel’s occupation; a willful blindness to the undemocratic, apartheid state that flaunts its “successes” while shielding from public view its grotesque human rights violations; a mindless deference to Israel’s hasbara and security mantra; and a chilling indifference to the suffering, killing and dehumanization of the Palestinians barely surviving under Israel’s military occupation. The N.Y. Times Editorial Board asks: “What are Trump and Netanyahu afraid of?” My answer is simple.

The Truth

Anyone who has lived, worked, volunteered or spent any bit of time with the Palestinians in the occupied West Bank, occupied East Jerusalem, or the occupied Gaza Strip knows that the State of Israel has been wildly successful at spinning a righteous tale of its victimhood, its struggle for survival and security in a “dangerous neighborhood,” and its “peace-loving” liberal values.

The State of Israel has succeeded in creating this mirage by carefully pushing its hasbara  (promoting its version of the facts) to the exclusion of contrary facts which undermine Israel’s preferred reality.  And the New York Times, as well as some other western media, have been complicit in this charade.

Israel has also succeeded in keeping the U.S. Congress duped by indoctrinating them into Israel’s version of the facts with carefully orchestrated junkets to Israel that highlight the “special relationship” between our two countries; by keeping AIPAC (Israel’s Washington lobbyist) in the offices of freshman members of Congress so they are honed to the “correct path” from the beginning; and by unseating those members of Congress who won’t follow AIPAC’s direction. (Read about former Congressman Paul Finley who died August 9, 2019).

There are so many examples, books could and have been written about it.  My first education about the myths and propaganda came from one of the new Israeli historians, Professor Ilan Pappe, which I wrote about here.

My correspondence with the editors of the New York Times in 2016 is one small example of trying to break through Israel’s alternative reality. When the editors refused to label the Gaza Strip as “occupied” territory, I challenged them.  I wrote about it here. After several communications back and forth, my query finally ended up in the deep, dark hole within the bowels of the New York Times. Even the Democratic National Committee has apoplexy with the term “occupation”, as I wrote about here.

The four congresswomen — Reps. Ilhan Omar of Minnesota, Alexandria Ocasio-Cortez of New York, Rashida Tlaib of Michigan and Ayanna Pressley of Massachusetts — the “Squad” as they’re known on Capitol Hill — are a threat to anyone who fears the truth. They’re challenging the powerful lobbyists, the accepted orthodoxy of the Democratic Party, and even the State of Israel’s hasbara.

I can only imagine that the New York Times Editorial Board must be sniffing the same scent that the Emperor who wore no clothes sniffed when it began to dawn on him that his reality didn’t match what everyone around him knew.

The truth — that’s what Trump and Netanyahu fear.

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Filed under Israel, Media, Occupation, People, Politics, Uncategorized, US Policy

US Congress condemns boycotts of Israel

On July 23, 2019, Congress passed H. Res. 246 condemning boycotts of Israel. (398 – 17) [The full text is copied below.]

The resolution was obviously drafted by AIPAC — Israel’s powerful lobbying organization working against all efforts to “delegitimize” [AIPAC’s word, not mine] the State of Israel.

The U.S. Congress opposes the Global Boycott, Divestment, and Sanctions Movement (BDS Movement) targeting Israel, including efforts to target United States companies that are engaged in commercial activities that are legal under United States law, and all efforts to delegitimize the State of Israel;

This comes at the same time that the U.N. Special Rapporteur is recommending a global BDS (boycott, divestment and sanctions) movement against Israel because no other actions by the United Nations or the international community have deterred Israel’s occupation and steady march towards ethnic cleansing of the Palestinians from their land.

As the ACLU has repeatedly informed Congress, political boycotts are fully protected by the First Amendment. The Supreme Court made that clear when it recognized, in a landmark 1982 decision called NAACP v. Claiborne Hardware, that the Constitution protected a 1960s boycott of white-owned businesses in Mississippi.

The 17 NAY votes included Rep. Ilhan Omar (D-MN), Rep. Alexandria Ocasio-Cortez (D-NY), Rep. Rashida Tlaib (D-MI), Rep. Betty McCollum (D-MN), Rep. Pramila Javapal (D-WA), and Rep. Raul Grijalva (D-AZ).  Their courage to stand up against the Democratic leadership, against AIPAC, and against the tidal wave of their fellow colleagues in the House must be recognized and applauded. 

Deb HaalandUnfortunately, my first term Congresswoman Debra Haaland (D-NM) did not display that courage. She issued no statement to explain her decision to oppose my constitutional right to boycott Israel but my hunch is that she will follow Speaker Pelosi’s wish —- the good inside game in politics —- on these matters. Although Haaland graduated from law school, her understanding or appreciation for the First Amendment is not strong.

On Cesar Chavez Day, Rep. Haaland stood on the stage with Dolores Huerta, but perhaps she wasn’t aware of the importance of that day — to remember a movement that was all about the use of boycotts!

The Senate has an identical resolution (S.Res. 120) which hasn’t been voted on yet. My two U.S. Senators are going to hear why I urge them to oppose it.

116th CONGRESS

1st Session

H. RES. 246

IN THE HOUSE OF REPRESENTATIVES

March 21, 2019

 (for himself, Mr. ZeldinMr. Nadler, and Mrs. Wagner) submitted the following resolution; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Financial ServicesScience, Space, and Technology, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

RESOLUTION

Opposing efforts to delegitimize the State of Israel and the Global Boycott, Divestment, and Sanctions Movement targeting Israel.

Whereas the democratic, Jewish State of Israel is a key ally and strategic partner of the United States;

Whereas since Israel’s founding in 1948, Congress has repeatedly expressed our Nation’s unwavering commitment to the security of Israel as a Jewish and democratic state;

Whereas American policy has long sought to bring peace to the Middle East and recognized that both the Israeli and Palestinian people should be able to live in safe and sovereign states, free from fear and violence, with mutual recognition;

Whereas support for peace between the Israelis and Palestinians has long-standing bipartisan support in Congress;

Whereas it is the long-standing policy of the United States that a peaceful resolution to the Israeli-Palestinian conflict should come through direct negotiations between the Government of Israel and the Palestinian Authority, with the support of countries in the region and around the world;

Whereas it is a hallmark of American democracy for citizens to petition the United States Government in favor of or against United States foreign policy;

Whereas cooperation between Israel and the United States is of great importance, especially in the context of rising anti-Semitism, authoritarianism and security problems in Europe, the Middle East, and North Africa;

Whereas the Global Boycott, Divestment and Sanctions Movement (BDS Movement) targeting Israel is a campaign that does not favor a two-state solution and that seeks to exclude the State of Israel and the Israeli people from the economic, cultural, and academic life of the rest of the world;

Whereas the BDS Movement targets not only the Israeli government but also Israeli academic, cultural, and civil society institutions, as well as individual Israeli citizens of all political persuasions, religions, and ethnicities, and in some cases even Jews of other nationalities who support Israel;

Whereas the BDS Movement does not recognize, and many of its supporters explicitly deny, the right of the Jewish people to national self-determination;

Whereas a founder of the BDS Movement has denied the right of the Jewish people in their homeland, saying, We oppose a Jewish state in any part of Palestine. No Palestinian, rational Palestinian, not a sell-out Palestinian, will ever accept a Jewish state in Palestine.;

Whereas university-based BDS efforts violate the core goals of the university and global cultural development, which thrive on free and open exchange and debate; and

Whereas the BDS Movement promotes principles of collective guilt, mass punishment, and group isolation, which are destructive of prospects for progress towards peace and a two-state solution: Now, therefore, be it

That the House of Representatives—

(1)

opposes the Global Boycott, Divestment, and Sanctions Movement (BDS Movement) targeting Israel, including efforts to target United States companies that are engaged in commercial activities that are legal under United States law, and all efforts to delegitimize the State of Israel;

(2)

affirms that the Global Boycott, Divestment, and Sanctions Movement undermines the possibility for a negotiated solution to the Israeli-Palestinian conflict by demanding concessions of one party alone and encouraging the Palestinians to reject negotiations in favor of international pressure;

(3)

urges Israelis and Palestinians to return to direct negotiations as the only way to achieve an end to the Israeli-Palestinian conflict;

(4)

supports the full implementation of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296; 128 Stat. 4075) and new efforts to enhance government-wide, coordinated United States-Israel scientific and technological cooperation in civilian areas, such as with respect to energy, water, agriculture, alternative fuel technology, civilian space technology, and security, in order to counter the effects of actions to boycott, divest from, or sanction Israel; and

(5)

reaffirms its strong support for a negotiated solution to the Israeli-Palestinian conflict resulting in two states—a democratic Jewish State of Israel, and a viable, democratic Palestinian state—living side-by-side in peace, security, and mutual recognition.

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Fasting to end sanctions that kill children

My friend, Sally-Alice Thompson, is a long-time peace activist. She’s a retired WWII Navy veteran approaching 96 years old. So she’s seen a lot in her day, and she’s always been action-oriented.

She has belted out protest tunes with the Raging Grannies; picked up her walking stick in 2014 and walked 13 days from Albuquerque to Santa Fe to spur action to get money out of politics; traveled 450 miles by foot and by bus with a group of Americans and Soviet citizens in 1987 from what was then Leningrad to Moscow to promote peace and nuclear disarmament; walked nine months from LA to DC in the Great Peace March against nuclear weapons; started the Albuquerque chapter of Veterans for Peace along with her husband, a former state legislator and also a veteran; was instrumental in founding and supporting the Albuquerque Peace and Justice Center; and has taught school, written books, and sheltered refugees in her home. And this only skims the surface of what makes Sally-Alice tick.

Sally Alice 1

Sally-Alice walking to Santa Fe in 2014 (photo credit Santa Fe Reporter)

So when it became clear that US sanctions against Yemen, Iran, Haiti, Venezuela, Gaza and elsewhere were killing hundreds of thousands — perhaps millions — of children, Sally-Alice thought “someone should really do something to end this horrific foreign policy of sanctions against the most vulnerable.” Then she thought “I’m someone, and I can do something!”  

Sally-Alice launched her hunger strike to raise the public’s awareness. She started her Fasting Against Sanctions and Sieges (FASS) on June 16 in Albuquerque, NM. She’s asking people who support her to sign her petition, here.

“I am fasting because I empathize with the many hungry children of the world, so I am joining them in their suffering. I am outraged that our country is engaging in sanctions and sieges that result in starvation of babies and children. I am profoundly saddened that my government interferes in the affairs of other countries, refusing to acknowledge their sovereignty and to respect their dignity.

I especially grieve for the children. I grieve for the children of Venezuela, Cuba, North Korea, and Iran, who are suffering because of the illegal sanctions imposed on those sovereign nations. I grieve for the hungry children of Gaza and Yemen, children who are hungry because of my country’s support for immoral sieges that deliberately prevent food from entering the places where they live.

I am almost 96 years old. The short remainder of my life is inconsequential. The remainder of the lives of those children may be very important. If allowed to develop normally, who knows what they may become? Are we depriving the world of a future great composer? Or maybe a talented playwright? One can only speculate, because they’re dying of starvation.

Those children have a right to live!

Permitting our country to continue down this road of genocide is completely unacceptable. So I have decide that instead of asking, ”Why doesn’t somebody do something about it?” I looked in the mirror and said, “You’re somebody, do something.”

I invite anyone who shares these feelings to join me in my fast, by skipping a meal or fasting for a day or longer. I would like to know and thank anyone who joins me.  PLEASE SIGN AND SHARE MY PETITION here.

Please contact me at sally-aliceanddon@juno.com. I hope this can start a movement to eliminate sanctions and sieges.

Sally-Alice explains her reason for fasting on this 20-minute Latitude Adjustment podcast, here.  She’s my hero.

Center for Peace and Justice celebrates 35th anniversary

Sally-Alice Thompson 2019 – photo credit Roberto E. Rosales/Albuquerque Journal

 

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Rep. McCollum is my super-heroine

Don’t let anyone tell you that one person can’t make a difference!  

Betty McCollum

Rep. Betty McCollum

Rep. Betty McCollum (D-MN) is the embodiment of a one woman tidal wave washing over Congress.

For the past four years, she’s been raising the issue of the persistent and gross human rights violations perpetrated on Palestinian children by the Israeli military.

The arrest and detention of Palestinian children in Israeli jails has been well-documented by human rights organizations. Israel is the only country in the world that prosecutes children in military court, a stark example of its double standard and apartheid system of justice.

Children are taken from their beds and arrested in the middle of the night; they’re arrested on their way to school with their backpacks yanked from their shoulders; and they’re even pulled out of the arms of their teachers in classrooms. All of this has been documented and reported, thanks to Amnesty International and other Human Rights groups, but it hasn’t stopped Israel.  An estimated 500-700 children are arrested, detained and prosecuted in Israel’s military court system each year, according to Defense of Children International – Palestine.

UNICEF’s 2013 reportChildren in Israeli Military Detention, while somewhat dated still remains one of the most thorough reviews of the pattern and practice Israel employs against Palestinian children in detention.

No Way To Treat a Child — The No Way to Treat a Child campaign seeks to challenge and end Israel’s prolonged military occupation of Palestinians by exposing widespread and systematic ill-treatment of Palestinian children in the Israeli military detention system. It is a joint project of Defense for Children International – Palestine and American Friends Service Committee.

And we even have the personal interviews of 24 Palestinian child prisoners held in Israeli jails compiled in a 2016 book “Dreaming of Freedom“, edited by Norma Hashim and translated by Yousef Aljamal. I delivered a copy of the book to Rep. McCollum in January 2018 as a ‘thank you’ for her unwavering support and advocacy on behalf of Palestinian child prisoners. dreaming-of-freedom

The United States has a big stick it could use to bring pressure to bear on Israel —- it’s annual $3.8 billion appropriation to the Israeli military. Representative McCollum doesn’t believe that U.S. taxpayers want their dollars supporting gross human rights violations of children.

In 2015, she wrote a letter to then-Secretary of State John Kerry which 19 of her Democratic colleagues signed, asking him to make this issue a top priority.  But nothing came of it.

The following year she wrote a letter to President Obama which 20 of her colleagues signed, asking him to appoint a Special Envoy for Palestinian Youth to collect “vital information necessary to actively promote human rights.”  But again nothing happened.

So in 2017, she drafted a bill, H.R.4391, to prohibit any funds from being used by Israel to “support the military detention, interrogation, abuse, or ill-treatment of Palestinian children.” It also required the Department of State either to certify that funds were not used in this manner or report how Israel expended them to ill-treat Palestinian children.

In July 2018, Rep. McCollum explained why H.R. 4391 was necessary.

When it didn’t pass in the 2017-2018 session, Representative McCollum strengthened the bill and reintroduced it on April 30, 2019 where it was referred to the House Committee on Foreign Affairs. Check out the committee membership here, and if your representative is listed, consider calling and writing and telling him/her why you think H.R. 2407 is important and should have a hearing.

On May 1, her office issued a press release explaining the bill.

The Promoting Human Rights for Palestinian Children Living Under Israeli Military Occupation ActH.R. 2407 — amends a provision of the Foreign Assistance Act known as the “Leahy Law” to prohibit funding for the military detention of children in any country, including Israel.

The bill also establishes the “Human Rights Monitoring and Palestinian Child Victims of Israeli Military Detention Fund,” authorizing $19 million annually for non-governmental organization (NGO) monitoring of human rights abuses associated with Israel’s military detention of children. The Fund also authorizes qualified NGOs to provide physical, psychological, and emotional treatment and support for Palestinian child victims of Israeli military detention, abuse, and torture.

The full text of the bill can be found here. Additional resources can be found here.

“Israel’s system of military juvenile detention is state-sponsored child abuse designed to intimidate and terrorize Palestinian children and their families,” Congresswoman McCollum said. “It must be condemned, but it is equally outrageous that U.S. tax dollars in the form of military aid to Israel are permitted to sustain what is clearly a gross human rights violation against children.”

More than 10,000 Palestinian children have been arrested, detained, abused, and prosecuted by Israeli security forces in the Israeli military court system since 2000. Independent monitors such as Human Rights Watch and Israel’s B’Tselem have repeatedly documented that children are subject to abuse and, in some cases, torture — specifically citing the use of chokeholds, beatings, and coercive interrogation. Just weeks ago, CNN broadcast video showing armed Israeli soldiers entering a primary school in Hebron to arrest a 9-year-old who was then “frog-marched away and taken to an army vehicle.”

“Peace can only be achieved by respecting human rights, especially the rights of children. Congress must not turn a blind eye to the unjust and ongoing mistreatment of Palestinian children living under Israeli occupation.

“I strongly believe there is a growing consensus among the American people that the Palestinian people deserve justice, equality, human rights, and the right to self-determination. It is time to stand with Palestinians, Americans, Israelis, and people around the world to reject the destructive, dehumanizing, and anti-peace policies of Prime Minister Netanyahu and President Trump.”

McCollum is front in center on one of the most important human rights issues facing our country —- how we treat children. I’m going to have her back, and help her as much as I can.   Please write your member of Congress and ask him or her to cosponsor H.R. 2407.

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Filed under Israel, People, Politics, Uncategorized, US Policy, Video

Whether Israeli settlers are committing genocide is not a political question; Al-Tamimi’s case can proceed.

On February 19, 2019, the District of Columbia Court of Appeals reversed the lower court, and ruled that the case brought by Palestinians against Sheldon Adelson and other Americans can proceed.  Al-Tamimi v. Adelson, 2019 WL 660919 (C.A.D.C., 2019)

“The plaintiffs, both Palestinian nationals and Palestinian Americans, claim the defendants, pro-Israeli American individuals and entities, are conspiring to expel all non-Jews from territory whose sovereignty is in dispute. They sued in federal district court, pressing four claims: (1) civil conspiracy, (2) genocide and other war crimes, (3) aiding and abetting genocide and other war crimes and (4) trespass. Concluding that all four claims raise nonjusticiable political questions, the district court dismissed the complaint for lack of subject matter jurisdiction. We now reverse.”

Martin McMahon

Martin F McMahon, Attorney for the Palestinians

The Palestinians’ complaint is over 200 pages and and the Court’s summary is chilling:

The plaintiffs are eighteen Palestinians who mostly reside in the disputed territory and a Palestinian village council. The defendants, all American citizens or entities, are eight high-net-worth individuals, thirteen tax-exempt entities, two banks, eight construction and support firms and a former United States deputy national security advisor. The complaint alleges that the defendants engaged in a conspiracy to expel all non-Jews from the disputed territory. Specifically, the individual defendants (excluding Abrams) funneled millions of dollars through the defendant tax-exempt entities and banks to Israeli villages called “settlements.” Armed with this financial assistance, the settlement leaders hired full-time security coordinators who trained a militia of Israeli settlers to kill Palestinians and confiscate their property. The defendant construction and support firms destroyed property belonging to the plaintiff Palestinians and built settlements in its place and, here in the United States, the deputy national security advisor publicly endorsed the settlements. All defendants knew their conduct would result in the mass killings of Palestinians residing in the disputed territory. 

The lower court dismissed their complaint because it decided that five political questions were raised, and the courts typically avoid political questions which are better resolved by the Executive or Legislative Branches. 

Baker, the fountainhead of the modern political question doctrine, did not definitively resolve whether the doctrine is jurisdictional. Indeed, at one point, the Supreme Court suggested that the doctrine is not jurisdictional.

The political question doctrine arises from the constitutional principle of separation of powers. The “doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of Congress or the confines of the Executive Branch.” Japan Whaling Ass’n v. Am. Cetacean Soc’y, 478 U.S. 221, 230 (1986).

The DC Court of Appeals found that only two questions presented in the complaint are potentially political questions which might prevent the judiciary from considering the case. The first is who has sovereignty over the disputed territory? The other can be restated as: are Israeli settlers committing genocide?  To determine if these two questions are jurisdiction-stripping political questions, the Court of Appeals turned to the Baker factors. [Baker v. Carr, 369 U.S. 186 (1962)].

The first potential political question presented—who has sovereignty over the disputed territory—plainly implicates foreign policy and thus is reserved to the political branches. As the Supreme Court has explained, in our constitutional system questions regarding the “legal and international status [of Jerusalem] are … committed to the Legislature and the Executive, not the Judiciary.” Zivotofsky ex rel. Zivotofsky v. Kerry (Zivotofsky II ), 135 S. Ct. 2076, 2081 (2015). What is true of Jerusalem specifically is true of the entirety of the disputed territory. In fact, the Executive Branch recently addressed the question who has sovereignty over the disputed territorySee Statement by President Trump on Jerusalem (Dec. 6, 2017), https://www.whitehouse.gov/briefings-statements/statement-president-trump-jerusalem (“We are not taking a position [on] any final status issues, including the specific boundaries of the Israeli sovereignty in Jerusalem, or the resolution of contested borders.” (emphasis added) ).  On the other hand, the second potential political question presented—are Israeli settlers committing genocide—is a purely legal issue.  And it is well settled that genocide violates the law of nations. Simon v. Republic of Hungary, 812 F.3d 127, 145 (D.C. Cir. 2016)

 

Genocide has a legal definition. See United Nations Convention on the Prevention and Punishment of the Crime of Genocide art. 2, Dec. 9, 1948, 78 U.N.T.S. 277, 280 (defining genocide, in part, as “[k]illing members of [a national, ethnic, racial or religious group]” “with intent to destroy [the group], in whole or in part”). Thus, the ATS—by incorporating the law of nations and the definitions included therein—provides a judicially manageable standard to determine whether Israeli settlers are committing genocide. We recognize that the Alien Tort Statute, 28 U.S.C.A. Sec. 1350 “enable[s] federal courts to hear claims in a very limited category defined by the law of nations and recognized at common law.” Sosa v. Alvarez-Machain, 542 U.S. 692, 712 (2004)

Naturally, the Department of Justice didn’t want the courts involved in this case and argued that the complaint could create an inter-branch conflict because, “[g]iven the level of political and military support provided Israel by the American government, a judicial finding that the Israeli armed forces had committed the alleged offenses would ‘implicitly condemn American foreign policy by suggesting that the [government’s] support of Israel is wrongful.’ ” Gov’t Appellee’s Br. 16.

However, the DC Court of Appeals concluded this concern, although entitled to deference, is now moot as the plaintiffs have waived any theory of liability based on the conduct of the Israeli military.

Ultimately, we believe that the court would create an inter-branch conflict by deciding who has sovereignty over the disputed territory. By answering the question—regardless of the answer—the court would directly contradict the Executive, which has formally decided to take no position on the question. We do not believe, however, that the court would necessarily create an inter-branch conflict by deciding whether Israeli settlers are committing genocide. A legal determination that Israeli settlers commit genocide in the disputed territory would not decide the ownership of the disputed territory and thus would not directly contradict any foreign policy choice. 

In the final analysis, the DC Court of Appeals concluded that the question who has sovereignty over the disputed territory does present a “hands-off” political question, but the question whether Israeli settlers are committing genocide does not.

If it becomes clear at a later stage that resolving any of the claims requires a sovereignty determination, those claims can be dismissed.

So Al-Tamimi and the others who brought this case climbed a very steep mountain to reach the courthouse doors. They have been admitted in, and now must climb Mt. Everest if they are going to prevail on their claims.

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Filed under People, Politics, Settlers, Uncategorized, US Policy

The Human Spirit

Christmas message from December 2015, as relevant today as it was then, perhaps more so.   

World leaders have spent the last three years building walls, metaphorically and legally, to stem the tide of refugees. Donald Trump is demanding Congress cough up the money for his wall along the southern US-Mexico border, and now he’s closed down the U.S. government until they do. (Remember his campaign promise that Mexico would pay for the wall?)

The absurdities are limitless. We (meaning the colonial Western powers) preach free trade and no economic barriers, knowing the benefits flow primarily in one direction — ours.

We export our military and new-fangled weapons of hideous destruction to countries and people who have no means to resist our “gifts” of democracy.

We lock people up for years behind economic, political and cultural blockades (occasionally dropping cluster bombs and white phosphorous on them) because they don’t behave as we tell them they should. They refuse to obey.

Meanwhile, we continue to shop for the latest fashions, attend the posh parties, gush over every theatrical production, and toast to the New Year.  The hypocrisy of all hypocrisies is that we believe we can live our lives free from the mayhem and chaos WE have spread throughout the world; that our selfish, malevolent actions have no consequences!

Until our leaders grasp the “cause and effect” of our exploitations abroad, we will continue to see desperate people fleeing desperate circumstances of our own making.

The human spirit seeks life.  I also believe the human spirit seeks to help those in need. 

Mural

Mural in Patras, Greece

That’s why Somer Sood, a California mother, created a nonprofit to bring backpacks to refugee children in Greece, along with some joy and dignity.

That’s why an American lawyer from Hawaii founded Advocates Abroad to provide legal assistance to refugees in Greece.

That’s why Sayrah Namaste, a New Mexico mother, regularly goes to the US-Mexico border to help refugees there.

And that’s why Judy Werthein, an Argentinian artist, created a new brand of shoes in 2005. (Brinco means jump in Spanish)  She distributed the trainers free of charge to people attempting to cross the border in Tijuana, Mexico. At the same time, just over the border in San Diego, she sold the shoes as ‘limited edition’ art objects for over $200 a pair. Wertheim donated part of the money she raised to a Tijuana shelter helping the migrants.

Today, they are on display in London at the Tate Modern Art Museum.

 

The trainer’s design includes eagle motifs inspired by American and Mexican national symbols, and an image of Saint Toribio Romo, the patron saint of Mexican migrants. The shoes also feature a torch, a compass and pockets to hide money and medicine. Printed on a removable insole is a map of the border area around Tijuana.

Werthein had the Brinco trainers produced cheaply in China. Many global companies manufacture products in countries where labour is cheap and often poorly regulated. The artist hopes to draw attention to how easily goods move between countries, compared with the strict regulations around the movement of people. The same governments that allow the import of cheap goods from overseas often strictly control, and actively discourage, migrants from entering the country in search of better living conditions.

Lora Lucero’s spirit wants to help refugees. Today it may be as little as purchasing and donating a cot to the shelter and shipping it to Las Cruces. Here is the address for shipping: Project Oak Tree 1280 Med Park Drive Las Cruces, NM 88005.

Tomorrow?  I hope I find the answer I’m searching for in 2019 — how can Lora best help the refugees seeking safety and security?

 

 

 

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