Tag Archives: Hamas

#FreeRamiAman

A Palestinian man has been arrested and held in detention in Gaza for the crime of participating in “normalization” activities with Israelis. His name is Rami Aman. For the past six months, as far as anyone knows, he hasn’t been charged or given an opportunity to respond in court.

To be clear, this is nothing new for either Hamas in Gaza, or the Palestinian Authority (PA) in the West Bank, the Israeli Defense Forces (IDF) in the occupied territories, or the civil Israeli government in Israel. All four threaten to punish civilians who collaborate with the “enemy.” Israel forbids its citizens from visiting with Palestinians. The IDF routinely arrests Palestinian children and hauls them off to military detention. Some remain in detention for many months.

Rami Aman certainly knew what the risks were when he joined that Zoom call with Israelis, but he had nothing to hide. Unlike the “collaborators” who sneak around and work with the enemy to undermine the Palestinian military objectives, Rami wants Israelis to know Palestinians; and vice versa. He understands that the future depends on both sides understanding the other.

A former research consultant with Amnesty International in Gaza saw the zoom meeting and tagged Hamas officials to bring to their attention this forbidden “normalization” activity.

“So what’s wrong with talking? What’s normalization?”

Mike Merryman-Lotze with the American Friends Service Committee (AFSC) answers both questions in this excellent piece he wrote in 2018. My personal understanding of the subject was greatly improved after reading Mike’s story this Spring and his words of caution; I highly recommend it.

Mike ends with the following points:

“First, we should recognize that Palestinians and Israelis are getting together and cooperating but on their own terms. One of the key problems with many past people-to-people programs is that they were initiated and led by outside actors who imposed their own goals and terms on interactions. The normalization framework pushed forward by Palestinians is a reassertion of ownership of the terms of interaction by those most impacted by the systematic injustice of Israel’s occupation and inequality. Normalization principles transform interactions, moving them from coexistence-focused dialogue sessions to action-based interaction with the goal of transformation through co-resistance against injustice. If you are thinking about supporting dialogue or people-to-people programs, it is important to consider who “owns” the process and how it resists structures of injustice.

Second, we should understand that dialogue is not an end in and of itself and that dialogue can be harmful. Particularly in situations of ongoing injustice, attempts to bring people together can’t simply focus on building understanding if there is no corresponding effort by all involved to end the injustice and inequality that stands between people. While dialogue and exchange can be important parts of transformation, they can also be tools used to block change; reinforce existing imbalances of power; and erase legal, institutional, and structural injustices. Whether we are setting up panel discussions or working to pull people together, we always need to understand issues of power. Dialogue is not a neutral process, and we must carefully consider how dialogue pushes toward action for change.

Third, it is important to understand that the normalization discussion is largely not about us. Normalization concerns do not place blocks on Quakers listening to, interacting with, or dialoguing with any party. Challenging normalization initiatives is not aimed at silencing select viewpoints or limiting who is able to speak. Indeed, listening to and engaging with those with whom we disagree is an important part of building understanding as we push for change. The normalization discussion is about addressing power imbalances and injustice in relationships between Israelis and Palestinians, not shutting off all dialogue or ending conversations that build understanding.

Finally, the normalization conversation points to the fact that dialogue and listening are not enough. To achieve peace and justice there must be political change that ends the system of inequality and oppression that exists between Palestinians and Israelis, as well as U.S. complicity in that injustice. To address this, Quakers must then move beyond positions that express concern for both parties and that encourage dialogue and listening but that don’t lead to direct action. Quakers should support direct action to end injustice, such as Boycott, Divestment, and Sanctions Movement (BDS) and AFSC-led No Way to Treat a Child Campaign. We can support discussions, but we must back up our support for talk with support for action.”

I agree with Mike’s observations and words of caution, with the exception of his conclusion. He writes: “It is political change and an end to injustice that will lead to dialogue and understanding, and it is political action that is needed to bring change.” Which comes first — the chicken or the egg? I believe dialogue and understanding are the precursors to a political change and an end to injustice. But the dialogue must occur with Mike’s caveats in mind.

Rami Aman – Gaza Strip

On September 9, 2020, a group of NGOS submitted a 24 page petition at the UN on behalf of Rami Aman. Check it out here.

The group that filed the petition — UN Watch — is an apologist for Israel’s crimes and human rights abuses in the occupation, and regularly calls out anyone or any country that stands up in support of Palestine in the United Nations. Sadly, Hamas’ actions in Rami Aman’s detention have given the UN Watch and the State of Israel fodder for their campaign.

Anyone familiar with the human rights abuses perpetrated by Israel against the Palestinians will find the following words from the petition hypocritical in the extreme coming from the UN Watch, but no less true.

The Applicant is a Palestinian peace activist who resides in Gaza. He was arrested by Hamas security forces on 9 April 2020, three days after his peace group, the Gaza Youth Committee, held a two-hour video call with Israeli peace activists via Zoom. He is accused of holding a “normalization” activity with Israelis. Normalization refers to cooperation between Israelis and Palestinians, including peace dialogue. According to both the Palestinian Authority (“PA”) and Hamas, normalization is a crime which is tantamount to treason. The criminalization of peace dialogue is a violation of the rights to freedom of expression and association pursuant to Article 19 of the International Covenant for Civil and Political Rights (“ICCPR”). Likewise, detention on that basis is a violation of ICCPR Article 19.

The Applicant has now been in Hamas detention for more than four months. His due process rights are being egregiously violated. He has not yet been charged and has never had an opportunity to challenge his detention in court. Moreover, he is a civilian who will be subjected
to trial in a Hamas Military Court in violation of ICCPR Article 14.

Then the petition begins its propaganda campaign against Hamas by equating “collaboration” with “normalization” which I will not recite here. These are two very different activities but even many Palestinians can’t tell the difference!

Consistent with the above, the PA and Hamas reject any “normalization” with Israel. Normalization includes joint economic activities, joint sports activities and meetings to promote peace. As detailed below, Hamas considers “normalization” to be a form of treason and uses various provisions of the PLO Revolutionary Penal Code of 1979 to prosecute that crime.

Mr. Aman was held incommunicado for at least one week. According to a statement published by Amnesty International on 6 May 2020, Mr. Aman was permitted to speak with his family for the first time by telephone on 26 April 2020—more than two weeks after the arrest. According to information provided to us, he has had one visit with his family since then. Also, Mr. Aman has had three visits with his lawyer, the first on 16 April 2020—one week after the arrest. The Amnesty International statement added that Mr. Aman was likely to be charged under Article 164 of the PLO Revolutionary Penal Code of 1979, which refers to “propaganda aimed at weakening the revolution” and that he was likely to be tried in a military court. In addition, Mr. Aman has not yet been charged or brought before a court.

I’d like to know why Amnesty International, the American Friends Service Committee, the National Lawyers Guild, and other groups that often stand up for Palestinians have not voiced their objections to Rami’s arrest and detention. Clearly, Rami has become a political football in the international arena now. Dialogue and understanding of the “other” will likely be the victim.

Coalition of NGOs that signed the petition.

University College Dublin (Ireland)

Global Human Rights Defence (Netherlands)

African Agency for Integrated Development (Uganda)

Global Vision India Foundation (India)

Help People Foundation (Italy)

Sisters of Charity Federation (United States)

Action Sécurité Ethique Républicaines (France)

Geneva International Model United Nations (Switzerland)

Forum Méditerranéen pour la Promotion des Droits du Citoyen (Morocco)

Women’s Voices Now (United States)

Japanese Association for the Right to Freedom of Speech (Japan)

African Heritage Foundation (Nigeria)

Romanian Independent Society of Human Right (Romania)

ONG Association Internationale Des Droits De L’Homme (France)

Vision GRAM International (Democratic Republic of Congo)

Support for Women in Agriculture and Environment (Uganda)

Structural Analysis of Cultural Systems (Germany)

Public Organization “Public Advocacy” (Ukraine)

Association un Enfant Un Cartable du Burkina Faso (Burkina Faso)

International Multiracial Shared Cultural Organization (United States)

Yayasan Pendidikan Indonesia Wira Tata Buana (Indonesia)

Godwin Osung International Foundation Inc. (Nigeria)

Centre for Youth and Literacy Development (Ghana)

Hape Development and Welfare Association (Pakistan)

Coordination des Associations et des Particuliers pour la Liberté de Conscience (France)

Women Educators Association of Nigeria (Nigeria)

Chia Funkuin Foundation (Cameroon)

Save the Climate (DRC)

Association pour le Développement Culturel (Chad)

Business Innovation Research Development (France)

World Organization of Building (Canada)

Amis de l’Afrique Francophone (Benin)

Observatorio Nacional De Seguranca Viaria (Brazil)

Organization Earth (Greece)

GreenPlanet (India)

Foundation of International Servant Leadership Exchange Association (South Korea)

European Union for Jewish Students (Belgium)

Association of Christian Counselors of Nigeria (Nigeria)

Fudnação Antonio Meneghetti (Brazil)

Shola Mese Foundation (Nigeria)

Ideal World Foundation President (Ghana)

Groupe d’économie solidaire du Québec (Canada)

Haiti Cholera Research Funding Foundation Inc. USA (United States)

Future Hope International (Ghana)

Les œuvres sociales pour les actions de développement (DRC)

Festival de Théâtre pour la Santé (Togo)

Ingénieurs du Monde (France)

Association de Solidarite d’Aide et Action Mali (Mali)

International Center for Ethno-Religious Mediation (United States)

Somali Help-Age Association (Somalia)

Kuchlak Welfare society Balochistan (Pakistan)

Kathak Academy (Bangladesh)

Moorish Holy Temple of Science (United States)

Safe Society (India)

Conglomeration of Bengal’s Hotel Owners (India)

World Kabaddi Federation (India)

African Initiative for Mankind Progress Organization (Rwanda)

Amis des Étrangers au Togo (Togo)

Maryknoll Sisters of St. Dominic, Inc. (United States)

Association pour la Défense des droits, de développement durable et du Bien-Etre Familial (Rwanda)

Project 1948 (Bosnia)

United Nations Watch (Switzerland)

Les Amis du Projet Imagine (France)

Earthquake and Megacities Initiative (EMI) (Philippines)

Coupe de Pouce (DRC)

ONG Credo Action (Togo)

Noahide Institute (United States)

Ekta Welfare Society (India)

Generation Initiative for Women and Youth Network (Nigeria)

Association Build Africa (Cameroon)

Update: ALLMEP joins PCHR, Amnesty International, and Human Rights Watch in a renewed call for their immediate release from nearly six months in detention. #FreeRamiAman Read more: English – https://pchrgaza.org/en/?p=15059Arabic – https://www.pchrgaza.org/ar/?p=19615

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Filed under Hamas, People, Politics, Uncategorized, United Nations, Video

#FreeClosedMindsEverywhere

Palestinian child – rapper in Gaza

A good number of Palestinians in Gaza have locked the door and thrown away the key, refusing to participate in any dialogue with Israelis. Rami Aman is not one of them.

Rami Aman has an open mind, a curious mind, a well-developed sense of self-worth and personal dignity which he wants to share with Israelis who are interested in learning more about his world, his people and his culture.

The State of Israel forbids any Israelis from visiting Gaza where the enemy and terrorists reside. The de facto ruling elites of Gaza forbid Palestinians from visiting and communicating with Israelis, the enemy and occupier.

Fortunately, there are people on both sides of this divide who understand this type of ostracization is medieval and counterproductive.

Rami Aman sits in a prison cell in Gaza, silenced by Hamas and many of his peers because he participated in a group Zoom chat between Israelis and Palestinians who were interested in learning about each other.

My hope is that the youth in Gaza and Israel will be able to rap to their hearts content; and more importantly, be able to hear each other’s rap.

#FreeRamiAman

#FreeClosedMindsEverywhere

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Filed under Gaza, Hamas, Israel, People, Uncategorized

Palestinian Struggles for Rights and a Political End-Game

The status quo in Palestine & Israel is an interminable nightmare for Palestinians living under military occupation for 70+ years, and a shameful failure of the human rights framework adopted and promoted during that same time.

Universal Declaration of Human Rights

First Lady Eleanor Roosevelt

The Israeli declaration of independence in May 1948 was the Palestinians’ Nakba (disaster, catastrophe).

The Universal Declaration of Human Rights (December 1948) was (is?) the world’s beacon of hope, an aspiration for a better life for every person.

 

Our failure (the international community’s failure) to secure a just and lasting resolution in Palestine & Israel cannot be swept under the rug and forgotten. It’s an indictment upon all of us.

Sam Bahour, a Palestinian American living in Ramallah, in the occupied West Bank, captured a succinct history of the military occupation and the current struggle when he spoke with his daughter. (He shares that beginning at 18:50).

How does the unbearable status quo change?

In reality, the status quo is bearable to Israel and that government has no incentive to change it.

In reality, the international human rights regime is impotent and won’t change the status quo.

In reality, the U.S. is a hindrance, not a facilitator, to ending the status quo.

In reality, the Palestinian political leaders (Palestinian Authority, Hamas, Fatah) have proven themselves to be incapable of rising to the challenge and have not earned the respect and recognition from the Palestinian people they purport to represent.

There are individuals within Palestine and Israel who are asking and answering that question: how does the unbearable status quo change?

Jeff Halper, an American Jew who has lived most of his adult life in Israel, thinks the two state solution is no longer feasible. He and his compatriots are currently traveling around the world to build support for the One Democratic State program.

Sam Bahour frames the question differently. It’s not a matter of two states or one state, but a matter of political and individual rights in either case. What Sam fears is that more time will be lost (time measured in decades) as people and governments negotiate territorial jurisdictions while the rights of Palestinians continue to take a back-seat in those discussions. Sam writes:

We must get political. Civil society must build the necessary alliances to bring Palestinian rights to the forefront of the international agenda on Israeli-Palestinian conflict resolution. Today, we have no choice but to accept the apartheid one-state reality that we are living in now, and keep the two-state door open, while simultaneously bringing the issue of rights to the forefront of our demands. Our strongest ally is international civil society, but we cannot stop at civil society; it would be stopping short of affecting change. Instead we must leverage the widespread support of civil society in all corners of the world to get states to act, politically and otherwise, to support our just and internationally aligned struggle for freedom and independence.

In May 2016, Mr. Bahour spelled out the dangers and opportunities available to the Palestinian civil society in changing the status quo.  (The paper is available here.) I hope the next generation of Palestinian leaders (whoever and wherever they may be) will read the paper.

In this paper, I will argue that a rights-based approach is the most conducive one to the current Palestinian national agenda and that a political end-game cannot be open-ended. Moreover, I will also argue that the struggle for national self-determination cannot come at the expense of the struggle for rights – and vice versa. I view these two processes as simultaneous dynamics: one process focuses on the rights of the individual (political, human and civil rights), while the second focuses on the rights of the nation (national rights, specifically self-determination). My argument is based on the mutuality of these two processes: the ‘individual’ sphere centered on rights, and the ‘national’ sphere focused on independence.

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Filed under Israel, Nakba, Occupation, People, Politics, Uncategorized, United Nations, Video

Intolerance for the other

A brief message to myself more than anyone else.

Recent events and communications have focused my attention on “the other” and the world’s intolerance for “the other”.

Some concrete examples might help.

ApeirogonA Palestinian-American author condemned an Irish-American author’s book about Palestine. Colum McCann‘s novel (Apeirogon) is about two families (a Palestinian family in the occupied West Bank and an Israeli family in Jerusalem) who each suffer the death of a child due to the violence perpetrated by the other side.  The Palestinian-American author criticizes the book:

Along comes a novelist, who is so moved by this unusual friendship, the story behind it, and what he feels it represents of hope for the future of the nation that he decides to write a book about them. It is a kind of amplifying-the-voice-of-peace endeavour (sic), born from the stubborn belief that anything can be solved by the benevolent enthusiasm of well-meaning folks.

I do not know McCann, though I suspect he wrote this book with a sense of solidarity and a desire to foster “dialogue”. But it is possible to do great harm with the noblest of intentions. The rhetoric of dialogue can be alluring – the idea that talking to find common humanity is all it takes to dismantle structural racism and notions of ethnocentric supremacy. It can make all kinds of people, even victims themselves, become purveyors of injustice. (emphasis added)

The second example is a Palestinian activist in Gaza (Rami Aman) who was recently arrested by Hamas for engaging in a Zoom chat with Israeli peace activists. Perhaps naively, it appears both sides were hoping to understand “the other” better. I’ve written about Rami and normalization here and here.

Both examples illustrate one of the biggest impediments to the future survival of the human species.

!*!*!*!*! Are you serious? !*!*!*!*!

Here’s my thesis in a nutshell. (I’m giving a lot of thought about how best to elaborate on the thesis, and hope to in the future. InshaAllah)

Humans face many challenges today, and they will continue to face many more which are arguably life-threatening. (Take a minute and think about the challenges —- from the small to the existential.) 

How have we made it this far? Those among us with a good dose of testosterone might conclude that it was the spear, sword, gun, and the individual’s strength that ensured “survival of the fittest“.  I disagree.

I believe it’s our ability to cooperate and empathize with “the other” that has allowed humans to achieve much, and ultimately to survive.

I can hear the howls of protest and derision even as I write.  I will summarize what I hear simply by saying that cooperation and empathy are not qualities of weakness or naivety, and they certainly don’t require anyone to ignore danger posed by “the other”.

However, survival requires that each one of us recognize our self in “the other” — and accept “the other” is a part of me.  (A LOT MORE ON THAT IN ANOTHER POST)

Sadly, our human species seems to be evolving in the opposite direction, ultimately a dead end, and a path destined to bring much suffering along the way.

It’s far easier for me to conjure up “the other” than it is for me to conjure up “the larger family” … “we are one”.   I can see our differences and easily ignore our similarities.

So what does this thesis have to do with Israel – Palestine and the two examples I set out above? Don’t be fooled. It is

  • not to forget who is the occupier and who is the occupied
  • not to forget the past and current injustices
  • not to equate all voices and all perspectives as valid

It is simply to see “the other” as a member of “the larger family” … “we are one” … flaws and all.

We are losing that ability to see “the other” in this evolutionary way every time we dismiss “the other” — such as Colum McCann’s book and Rami Aman’s Zoom chat. we are one

McCann’s voice contributes a meaningful perspective about “the other” regardless of whether you are an Israeli considering your Palestinian neighbors, or a Palestinian considering your Israeli neighbors, or anyone else in the world considering the human suffering in the Middle East.

Aman’s voice on that Zoom chat contributed a meaningful perspective about “the other” too—as did the young Israelis on the other side of that chat.

When anyone attempts to shut down these examples of seeing “the other”, he or she is simply trying to redirect the human species down the dead end cul-de-sac.  It saddens me and I pray they don’t succeed.

 

 

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Filed under Gaza, Hamas, People, Spiritual - Religion, Uncategorized

The Anti-Normalization Shroud Descends

By now we’re all familiar with the new world of physical distancing, stay-at-home orders, and the feeling that everything has come to a standstill.

Palestinians in Gaza have experienced a similar (not the same) life since June 2007 when Israel severely tightened the restrictions on the Gaza Strip after Hamas took control.  Palestinians can’t exit except with approval from both Israel and Hamas, turning the Gaza Strip into the largest open air prison in the world. Palestinians can’t export their produce except under very limited strictures. Palestinians can’t import many essential products, and they remain reliant on Israel to determine what things can and can’t be brought into Gaza. Many times the Palestinian fishermen can’t safely bring home their catch without being fired upon by the Israeli gunboats. And the list of restrictions goes on and on.

Gaza is tiny. At 139 square miles, it’s about the same size as Detroit (138.8 square miles), Philadelphia (134.1), Las Vegas (135.8), or Portland, Oregon (133.4). We’re talking about more than two million people, the largest majority being youth under the age of 30, confined to a Very. Small. Place.

Any Palestinian in Gaza older than 12 years has lived through three devastating Israeli military operations: Operation Cast Lead (in 2008-2009 Israel killed 1391 Palestinians in Gaza in 23 days); Operation Pillar of Defense (in November 2012 Israel killed 167 Palestinians in Gaza in 8 days); and two years later Operation Protective Edge (Israel killed 2,251 Palestinians in Gaza and wounded more than 11,000 between July 8 and August 26, 2014). Since March 2018, Israeli sharpshooters have killed and maimed hundreds of Palestinians participating in the Great Return March every Friday at the fence that separates the Gaza Strip from Israel.

This violence and physical separation has occupied the Palestinian souls in Gaza for a very long time, a deliberate military strategy pursued by the State of Israel. There’s little doubt among human rights lawyers that it amounts to collective punishment, a war crime under the 1949 Geneva Conventions.

So this happened recently.

A Palestinian in Gaza connected on Zoom with an Israeli in Tel Aviv about 40 miles away but they could have very well been light years apart because it’s official government policy on both sides that there will be no communication “with the enemy.” The Zoom meeting included friends on both sides. It went on for over an hour. I watched part of it but the audio quality and heavy accents prevented me from understanding the entire exchange.

A young Palestinian woman later saw the video of the Zoom meeting and tagged Hamas leaders. They arrested the organizer in Gaza on grounds that his conversation with the Israelis was a form of normalization.

I’ve heard different definitions of normalization; it appears to sweep the gamut from the very denunciation of any contact between any Israeli and any Palestinian to a more tailored and nuanced criticism of people-to-people programs.

The definition I find most helpful is:

Within Palestine, normalization is generally defined as any project; initiative; or activity in Palestine, Israel, or internationally that aims to bring together Palestinians and Israelis without addressing structural and power inequalities and/or without having its goal be opposition and resistance to the Israeli occupation.

Read this article published two years ago in the Friends Journal, a Quaker publication, by Mike Merryman-Lotze for a deeper understanding of a very complex subject. He writes:

It should be understood that the push against normalization is not about closing off communication because of issues of identity. Rather it is about identifying the principles and processes through which discussion and communication occur so as to not reify power imbalances or do harm to those who are already vulnerable or abused. It is about ensuring that when people come together, the focus is co‐resistance to the structures that oppress people, and not coexistence within oppressive systems.

The woman who alerted Hamas to the Zoom meeting appears to ascribe to a very blunt definition where any communication between Palestinians and Israelis is verboten. Here’s what she later posted on her Facebook account. She’s received a lot of support from Palestinians inside Gaza and outside.

As a Palestinian born and raised in the Gaza Strip, under endless blockade, survived two aggressive wars, covering the Great March of Return I believe that the worst sin any Palestinian can commit is Normalization; which is any joint activity between Palestine and Israel.

In other words, no form of joint activity, cooperation or dialogue with Israelis is unacceptable, even engaging with Israeli “Peace Activists”.

These actions are collaboration with enemies of us, the Palestinians.

No one ever taught me that Israel is my enemy, but every airstrike I heard told me that.

No one ever told me that talking with Israeli’s is unacceptable but every single body shattered into pieces covered with blood said it all.

It is not my intention to make an argument in support of normalization. Normalization is a matter writ large for the Palestinian community to explore and decide for itself collectively and as individuals.

But if the shroud of anti-normalization can be stretched so far and wide as to smother any communication between Palestinians and Israelis, I fear for the future of everyone in the Holy Land. 

I would never have met Sami, a Palestinian from Gaza who was a high school exchange student in Albuquerque, New Mexico. I wrote about Sami and his meeting with an Israeli security official in that U.S. high school many years ago.

I would never have read the Palestinian doctor’s book from Gaza, I Shall Not Hate by Izzeldin Abuelaish.

I probably would never have traveled to Gaza in 2012 and learned so much about life under occupation, and the beautiful culture of sumud and determination, because my opportunity was sparked by Sami, Izzeldin, Mohammed and many others who connected with me.  I’ve had my difference of opinion with some in Gaza over the years, but if they choose to shroud themselves in darkness by condemning any connections between Palestinians and Israelis as haram, then I must part ways with them. My voice and actions in solidarity with Palestinians will fall on deaf ears.

For the time being, I’m hoping that there are many more Palestinians inside Gaza, the West Bank, and the diaspora who reject this mindset. I suspect they may feel it is safer to remain silent.

I also hope there are Israelis who recognize that “it’s the occupation, stupid!”  Speaking with Palestinians may be an important first step, but it’s certainly not the last. Israelis must have the courage to take action to dismantle the occupation.

 

 

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Filed under Gaza, Hamas, Israel, nonviolent resistance, Occupation, People, Politics, Video

UN Special Rapporteur urges Israel be held accountable

michael_lynk

Special Rapporteur S. Michael Lynk

The community of nations should start using some of the legal sticks available in its basket to push the State of Israel into ending the occupation of Palestine.  That’s the bottom line according to the U.N. Special Rapporteur who is calling for global boycott, divestment and sanctions (BDS) against the State of Israel.

Professor S. Michael Lynk, a Canadian law professor, is no newbie to Israel’s occupation. As the UN Special Rapporteur for human rights in the occupied territories, he asked  — When is enough, enough under international law?  He answered it in his report to the U.N. General Assembly in October 2017. I summarized his report here.

In the 22 page report, which should be required reading for everyone interested in the future of Israel and Palestine, Professor Lynk opened a new (legal) chapter in Israel’s occupation of East Jerusalem, the West Bank, and the Gaza Strip. He made the case for recognizing Israel as an illegal occupier, and called on the international community to use all of the tools in its toolbox to end this illegal occupation.

The next year, EJIL: Talk! …. the Blog of the European Journal of International Law published Professor Lynk’s commentary where he urged the international legal community to consider whether or not Israel’s prolonged occupation of Palestine has crossed some legal red line, resulting in an illegal occupation. Professor Lynk posited a 4-part test to determine the answer. His commentary was reprinted on my blog here.

The Great MarchIn the Spring of 2018, when Palestinians in Gaza launched the Great Return March and protested at the fence line between Israel and Gaza, Israel responded with lethal force. Lynk said the killings reflected a “blatant excessive use of force by Israel” and likened them to “an eye for an eyelash.” The protesters appeared to pose no credible threat to Israeli military forces on the Israeli side. Under humanitarian law, he said, the killing of unarmed demonstrators could amount to a war crime, and he added that “impunity for these actions is not an option.” (I wrote about that here.)

Although Professor Ilan Pappe wants the world to jettison the term “occupation” in favor of “colonization” in the context of Israel – Palestine, Professor Lynk has taken a different tack. He recommends that the U.N. declare the occupation illegal. See more about that here.

In March 2019, the UN Commission of Inquiry issued its findings and recommendations on the deadly protests in Gaza. Professor Lynk agreed and warned that —

As the one-year anniversary of the “Great March of Return” on 30 March 2019 draws closer, and in view of the ever-deteriorating economic and humanitarian situation in Gaza, the Special Rapporteur expressed concern over possible rising levels of violence if no firm action was taken to pursue accountability and justice. “Continuing to suffocate Gaza is a blot on the world’s conscience and a recipe for more bloodshed,” Lynk said. “Restoring Gaza and ensuring justice and accountability would give the region hope that a better Middle East is possible.”

ACCOUNTABILITY

For many years, Palestinians and human rights activists have been beating the accountability drum urging the world to hold Israel accountable for its responsibilities as an occupier and its flagrant violations of international humanitarian and human rights law. Beyond the many non-binding resolutions at the U.N. over the years, there has been no credible and sustained effort to hold Israel accountable. (The U.S. is a very big reason why the U.N. has failed — but that’s for another blog post.)

2013-05-05-21-01-541On his most recent tour to the Middle East, Professor Lynk held meetings in Jordan because Israel refuses to allow him to visit Palestine. He believes that unless Israel is pressured to do the right thing, it will continue to deepen and further entrench the occupation.

Professor Lynk recommends that the UN members should consider everything from cutting cultural ties with Israel to suspending its membership in the world body.

He emphasized the role of the EU, which accounts for some 40 percent of Israel’s external trade and could make the flow of Israeli goods and services to the 28-nation bloc contingent on policy shifts that help Palestinians.

Furthermore, Lynk urges the speedy publication of a long-awaited blacklist of Israeli and international companies that profit from operations in Israeli settlements in the occupied West Bank. He also wants prosecutors at the International Criminal Court (ICC) in The Hague to hasten its preliminary investigation of allegations of rights abuses by Israel and Hamas on Palestinian territory, which began in 2015.

Although Professor Lynk’s role as UN Special Rapporteur carries no enforcement power or authority, he’s certainly using his responsibility to examine and report on the occupation to the fullest extent possible. Now civil society and solidarity activists must amplify his call for accountability. 

 

Mr. Michael Lynk was designated by the UN Human Rights Council in 2016 as the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967. The mandate was originally established in 1993 by the then UN Commission on Human Rights. Professor Lynk is Associate Professor of Law at Western University in London, Ontario, where he teaches labour law, constitutional law and human rights law. Before becoming an academic, he practiced labour law and refugee law for a decade in Ottawa and Toronto. He also worked for the United Nations on human rights and refugee issues in Jerusalem.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

 

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Filed under Occupation, People, Politics, Uncategorized, United Nations

#PassoverMassacre #GreatReturnMarch

map of protests

credit – Haaretz

Image may contain: text

A Palestinian in Gaza screamed silently through social media:

Yesterday 15 unarmed Palestinian protesters were shot dead by Israeli soldiers in Gaza. The deafening silence of world “leaders” reminds us that their problem is not the way Palestinians fight back. It’s the fact that we fight back to begin with.

BDS? Alienating! Anti-Semitic!

Armed resistance? Violence! Terrorism!

Peaceful march? Riots! Infiltrators!

A Palestinian-American in the U.S. unmasked the media’s bias in favor of Israel’s narrative:

Just die silently, and even then they’ll blame you for it.

Not a single Israeli has been so much as touched by a Palestinian protester in the past couple of days, much less harmed. Not a single hurled rock has reached anywhere near a soldier, while Israeli snipers murdered 17 and wounded 1400. Yet western media insists these are “clashes.”

Earlier this month, the U.N. Special Rapporteur on Palestine identified the excessive force used against children at the border between Gaza and Israel in his report to the Human Rights Council:

Excessive use of force against Palestinians by Israeli forces is a concern in the area along the border fence, and often has an impact on children. In mid-February 2018, two Palestinian teenagers aged 14 and 16 were killed, and two others injured by Israeli forces who fired what was reportedly artillery shells and live fire towards the boys as they approached the fence, although they were reportedly between 30 to 50 meters away when shot.

This incident raises concerns about the decision to use lethal force against young, unarmed boys, as according to the Basic Principles of the Use of Force, lethal force should be used only if other means are ineffective, and should be used with restraint and in proportion to the seriousness of the offense and the legitimate objective to be achieved. Not only in Gaza, but in the West Bank as well, use of force by Israeli forces has consistently been flagged as an issue of concern by the Special Rapporteur, the High Commissioner, and the Secretary-General. This concern is necessarily heightened when children are the victims.

Lora’s observations:

#1 – Israel admits its use of force is deliberate and precise. This information will be key to future deliberations by the U.N. Human Rights Council, the U.N. General Assembly, and the International Court of Justice.

#2 – Palestinians in Gaza have unmasked Israel’s Achilles Heel. Israeli leaders have no desire or intention of meeting peace initiatives with peace. They don’t know how to do Gandhi, and don’t have any shame in playing the role of Goliath to the Palestinians’ David.

#3 – The western mainstream media is unable to cover the #greatreturnmarch impartially, nor examine all sides of the unfolding events objectively. The dominant narrative will prevail until alternative voices can break through the static.

Rest In Peace

(1) Naji Abu Hijir

(2) Mohammad Kamel Najjar (shot in the stomach near Jabaliya)

(3) Wahid Nasrallah Abu Samour

(4) Amin Mahmoud Abu Muammar (38 Rafah)

(5) Mohammed Naeem Abu Amr (Mohammed Abu Omar, 22 Rafah)

(6) Ahmed Ibrahim Ashour Odeh (19)

(7) Jihad Ahmed Fraina (33)

(8) Mahmoud Saadi Rahmi (33)

(9) Abd al-Fattah Bahjat Abd al-Nabi (18) reportedly shot in the back while running away from the border.

(10) Ibrahim Salah Abu Shaar (20)

(11) Abd al-Qader Marhi al-Hawajri

(12) Sari Walid Abu Odeh

(13) Hamdan Isma’il Abu Amsha

(14) Jihad Zuhair Abu Jamous

(15) Bader Fayek al-Sabbagh

(16) Omar Samour (31) — the farmer who was killed around dawn 

 

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Filed under Gaza, Hamas, IDF, Israel Defense Forces, Media, Nakba, nonviolent resistance, People, Uncategorized, United Nations

Preparations for the #GreatReturnMarch

Friday, March 30th is either the launch of a peaceful march to the border area between Gaza and Israel — or it’s “highly explosive” and “threatens to damage the sensitive life fabric and safety of the region’s residents.”

tents 2Palestinians are erecting large white tents near the border, anticipating families and the elderly joining the activities planned over the next six weeks.

Israel is  deploying more than 100 sharpshooters to the border with permission to open fire if lives are in jeopardy. They’re also talking about air-dropping food and medicines into the heart of Gaza from airplanes or drones to lure Palestinians away from the border.

The Palestinians are dancing their traditional dance, dakbe, waving flags, and flying kites near the border. The Israeli Army is closing down the West Bank and Gaza for nine days during Passover as the military “braces for Gaza border riots and West Bank unrest.” Israel is calling and texting the bus companies in Gaza, warning them not to transport people to the border, and threatening them with punitive actions.

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Dancing the traditional Palestinian Dakbe at the border.

Israel has set in motion its well-greased hasbara machine ahead of the #GreatReturnMarch.

Israel’s Foreign Ministry reached out to the international community on Twitter Thursday in anticipation of violent clashes between Israeli troops and Palestinian protesters along the Gaza border in the coming days.

“While the campaign is being presented to the world at large as a peaceful enterprise, there is no doubt that this latest Hamas ploy is aimed at igniting a violent confrontation with Israel,” the Foreign Ministry’s statement began.

Israel wants to remind you [the international community] that there’s a “good” guy and “bad” guy here —- one defending itself and the other, well the other is trying to survive a brutal occupation. Israeli diplomats have contacted the U.N. and their colleagues around the world to prep them with demonstrably false information — that Hamas (the terrorist organization) is organizing this event, paying Palestinians to show up, with subversive intention to breach the border fence and “infiltrate” into Israel. Israel will hold Hamas responsible if there are casualties at the border.

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Israeli Defense Forces overlooking the border with Gaza

A Palestinian scholar from Gaza writes: “The Great March of Return (of Gaza) is a grassroots movement initiated by Palestinian organizers, activists, and intellectuals, and is the product of years of conversations in Gaza about a way out of its misery. Attempts by Israeli media and government to portray tomorrow’s march as something instigated by Hamas is not only false, but also part of an old approach that reduces Palestinian agency to conspiracies and portrays Palestinians as pawns for factions and governments.” Check out their Facebook page here and their Twitter account here.

The goal of the #GreatReturnMarch as shared by the organizers:

The march will for the first time, employ the popular dimension to effectively compel the Israeli occupation state to the international resolutions and recommendations that it denies and refuses to implement, which over the past decades has constituted a clear threat to international peace and security.

is a cumulative, civil, peaceful sit-in calling for the implementation of right of return for Palestine refugees

 

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Filed under Israel, Israel Defense Forces, nonviolent resistance, Peaceful

Israeli/Palestinian Conflict 2005 – 2017

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A well-informed friend (neither Palestinian nor Israeli) recently prepared this timeline of key events during the past 12 years with a particular focus on Gaza. He wishes to remain anonymous at this time, but I am very grateful for his time and effort in pulling this timeline together.  Its value is not only the timeline’s comprehensive treatment but also its impartiality.

2005

 

Government of Israel (GOI) starts implementation of the so-called “Disengagement Plan”, which consists of the voluntary and unilateral withdrawal from all military bases and soldiers from the Gaza Strip, as well as the dismantling of the 21 Jewish settlements located within the Strip, being Gush Katif the largest of all. The “Disengagement Plan” had been designed by the Prime Minister at the time, Ariel Sharon.

 

GOI finishes the implementation of the “Disengagement Plan” successfully. Although facing some resistance from the young and more radical Jewish settlers there was no armed violence at all (unlike when Israel dismantled the settlement of Yamit in the Sinai Peninsula in compliance with the Camp David Accords from 1978). From there on, there has been no permanent Israeli presence or jurisdiction in Gaza. However, Israel retained control of certain elements, such as airspace, sea and borders, leading to an ongoing dispute as to whether Gaza is still “occupied territory” or not.

 

US Secretary of State Condolezza Rice visits Israel for the celebrations of the 10th anniversary of the assassination of Israeli Prime Minister Itzaak Rabin and mediates the “Agreement on Movement and Access” to facilitate the reopening of the Rafah Crossing (that connects the Strip to Egypt, and from there to the rest of the world) under the management of the Palestinian National Authority (PNA) and the supervision of European border monitors. Rafah Crossing is reopened and becomes the first border crossing ever managed by the Palestinians (before they were in the hands of the Ottoman Empire, British Mandate, Egypt and Israel).

 

2006

 

The Islamic Resistance Movement Hamas (which is registered in the list of terrorist organizations of both the United States and the EU) unexpectedly wins a clear majority in the elections to the Palestinian Legislative Council (Parliament), after Fatah can’t politically sell the “Disengagement” as its own achievement through negotiations due to its unilateral character. The PNA´s bilateral relations with Israel deteriorate a lot, even though its President Mahmoud Abbas, remains a member of the secular party Fatah.

 

Following a Gaza beach blast, in which seven members of the same family were killed, the armed wing of Hamas called off its 16-month-old truce. Although GOI claimed its Army was shelling 250 mts away from the family’s location; Palestinians claimed that the explosion was Israeli responsibility. An Israeli internal investigation report claimed the blast was most likely caused by an unexploded munition buried in the sand and not by shelling. This investigation was criticized by human rights organizations.

 

After crossing the border the Gaza Strip into Israel in the South, the Palestinian “popular Resistance Committees” attacked an Israeli Army post, killing 2 soldiers, injuring 4 and capturing Corporal Gilad Shalit. GOI orders the Army to launch military operation “Summer Rains”. The kidnapping of Shalit leads to several collective punishment measures against the Strip, among them the reduction of the fishing space and the regular closure of the Rafah Crossing. This is considered to be the first stage of the blockade of the Strip.

 

Second Lebanon War starts after Shiite militia Hezbollah members infiltrated Israel in a cross-border raid, captured two soldiers and killed three others. Israel attempted to rescue the captured, and five more soldiers were killed. Israeli Army responded, attacking Lebanon from earth, air and sea. The conflict resulted in the deaths of 1,191 Lebanese people and 165 Israelis. Simultaneously, the Army launched a counter-offensive to deprive cover to militants firing rockets into from Gaza, killing 23 Palestinians.

 

A UN study declared the humanitarian situation in the Gaza Strip “intolerable”, with 75% of the population dependent on food aid, and an estimated 80% of the population living below the poverty line. The Palestinian economy had largely relied on Western aid and revenues, which had been frozen since Hamas’s victory in the legislative elections.

 

Brokered by Egyptian mediators, Fatah reached a deal to end fighting between the Hamas and Fatah factions, both groups agreeing to refrain from acts that raise tensions and committing themselves to dialogue to resolve differences. Prime Minister Ismail Haniyeh of Hamas brushed off comments by President Mahmoud Abbas, head of Fatah, who indicated he could dismiss the Hamas-led cabinet. Abbas unsuccessfully urged Hamas to accept international calls to renounce violence and recognize Israel’s right to exist.

 

2007

 

Fatah-Hamas negotiations in Mecca (Saudi Arabia) produced an agreement on a Palestinian national unity government.

 

After the increasing of intra-governmental tensions within the PNA Hamas launches an strike against Fatah loyalists in Gaza, taking control of all the Strip within a few days of intense fighting. Since then the West Bank and the Gaza Strip have remained fragmented, both geographically and politically.

 

US Administration under George W. Bush promoted the Annapolis Conference, a peace conference marked the first time a two-State solution was articulated as the mutually agreed-upon outline for addressing the conflict. The conference ended with the issuing of a joint statement from all parties.

 

2008

 

Israeli Army launches Operation “Hot Winter” in response to rockets fired from the Gaza Strip into Israel. The operation resulted in 112 Palestinians and three Israelis being killed.

 

Israeli Army raids the Gaza Strip without a clear and direct reason for it, killing six members of Hamas. Hamas cancels the truce agreement that it had respected most of time. The armed wing of Hamas responds with rocket attacks on southern Israel.

 

Israeli Army launches Operation “Cast Lead”, a full-scale invasion of the Gaza Strip.

 

2009

 

Operation “Cast Lead” continues until January 18. After 22 days of fighting, Israel and Hamas each declared separate unilateral ceasefires. Casualties of the so-called “first Gaza War” are disputed. According to Hamas, they included as many as 1,417 Palestinians including as many as 926 civilians. According to Israeli Army, 1,166 Palestinians were killed, and 295 were non-combatants. “Cast Lead” is criticized by the Goldstone Report under the auspices of the UN.

 

Although Kadima wins the legislative elections its candidate for Prime Minister, Tzipi Livni, doesn´t get enough support in the Knesset (Israeli Parliament) and the candidate of the Likud party Benjamion Netanyahu is appointed as new Prime Minister.

 

2010

 

Turkish and international activists of the “Freedom Flotilla” try to break Israel’s naval blockade of Hamas-controlled Gaza, but were intercepted by the Israeli Army. When the Israeli naval commandos boarded the main ship (Mavi Marmara) the activists attacked them with knives and metal rods. 9 Turkish activists are shot dead after a quite negligent crisis management by GOI.

 

U.S. launches direct negotiations between GOI and PNA in Washington D.C.

 

GOI decides not to extend the construction moratorium in the settlements of the West Bank that had been agreed by the Obama Administration as a confidence-building measure with the PNA. A second round of Middle East peace talks between GPI and PNA takes place in Sharm el-Sheikh (Egypt).

 

2011

 

Two young Palestinians with no previous security offenses infiltrate the settlement of Itamar and murder five members of the same family in their beds. This incident creates a lot of mistrust on the Israeli public opinion about re-launching the Peace Process.

 

Egyptian and Palestinian militants perpetrate a cross-border attack in southern Israel and killed 8 Israelis, 2 soldiers and 6 civilians. 40 injured. 5 Egyptian soldiers are also killed. This incident becomes an example of the militarization process and chaos in the Sinai Peninsula during the “Arab spring” taking place in Egypt.

 

Palestine applies to the UN General Assembly for recognition of Palestine statehood, calling it a “Palestine Spring”.

 

Hamas liberates soldier Gilad Shalit in exchange for the liberation of 1.000 Palestinian prisoners (with very diverse backgrounds) by Israel.

 

Palestine wins membership in UNESCO while UN vote on statehood is put on hold. In the Security Council, Palestine gets no support from France and UK while US threatens to veto it.

 

2012

 

Gaza militants launch over 300 rockets and mortar shells into southern Israel, wounding 23 civilians. Israeli Army retaliates with air strikes on Gaza targets, killing 22 militants and 4 civilians.

 

Israeli Army lunches Operation “Pillar of Defense” after perpetrating a “targeted killing” against Hamas´ armed wing head, Ahmed Jabari. Gaza officials said 133 Palestinians had been killed in the conflict of whom 79 were militants, 53 civilians and 1 policeman. Around 840 Palestinians are wounded. Hamas fires over 1,000 rockets at southern Israel, killing 6.

 

UN General Assembly upgrades Palestine to “non-member observer State” status in the United Nations, was adopted by the 67th session of the UNGA, coinciding with the celebration of the International Day of Solidarity with the Palestinians People. Vote: For: 138; Abs.: 41 Against: 9.

 

In response to the UN approving the Palestinian UN bid for non-member observer state status, GOI announces the approval of building of housing units in the E1 Area that connects Jerusalem and Israel settlement of Ma’aleh Adumim, while effectively cutting the West Bank in two pieces.

 

2013

 

Likud party wins the legislative elections in coalition with Israel Beitenu and Benjamin Netanyahu is re-elected as Prime Minister.

 

2014

 

Three Israeli youngsters are kidnapped and assassinated while hitchhiking home from their religious schools in settlements on the West Bank. GOI blames the assassination on Hamas, and claims it was ordered by one of its leaders in exile, Salah Al Arouri, who lives in Turkey.

 

Israeli Army rounds up more than 150 Palestinians, including Parliament speaker Abdel Aziz Dweik and several members of the Palestinian Legislative Council (who are supposed to enjoy Parliamentary immunity).

 

Israel Air Force launches dozens of air strikes across the Gaza Strip overnight, just hours after the bodies of three abducted Israeli teenagers were found in a shallow grave near the southern West Bank city of Hebron. Following the discovery of the bodies, Netanyahu issues a statement once again blaming Hamas. Hamas denies involvement.

 

In retaliation to the abduction of the 3 Israeli teenagers, 16-year-old Mohammed Abu Khdeir is grabbed off the street after leaving his home in Jerusalem’s Arab neighborhood of Shuafat, is beaten up and burnt alive, provoking a wave of riots in East Jerusalem.

 

Israeli Army launches Operation “Protective Edge” against the Gaza Strip. More than 2,200 Gazans are killed and 10,000 injured –from them around 70% civilians according to the UN– after almost two months of shelling from earth, air and sea. 73 Israelis get killed, from them 66 soldiers and 7 civilians. This “third Gaza war” becomes the most lethal and destructive of all military operations launched by the Israeli Army against the Gaza Strip.

 

The international community, under the auspices of Egypt and Norway, celebrates a donor Conference for Reconstruction of the Gaza Strip. The PNA presents its National Early Recovery and Reconstruction Plan, for which so far has not even 50% of the funding that was pledged by the donors at the Cairo Conference from 12 October 2014.

 

2015

 

Likud Party wins the early elections and Benjamin Netanyahu gets reelected as Prime Minister for his third term in a row and fourth term altogether (at the end of his current mandate he will become Israel´s longest serving head of Government). The ruling coalition becomes Israel´s most right-wing Government ever.

 

All UN agencies release a joint report under the name of “Gaza 2020” stating that if current trends remain (population growth, lack of drinking water, lack of natural resources, energy restrictions, etc.) the Gaza Strip will be uninhabitable by 2020.

 

The recurrent provocations by right-wing Members of the Knesset visiting the Haram Al Sharif in the old city of Jerusalem (third most important religious site for Islam, but also the most important for Judaism, as it is believed to be the site of the Temple Mount, where both Jewish Temples were erected before their destruction leads to the so-called “Knife Intifada” (sequence of attacks with knives against Israeli policemen and civilians).

 

2016

 

After several months of quiet the Jewish High Holiday season (New Year, Yom Kippur, Sukkot) leads to more visits to the Temple Mount by right-wing members of Knesset and even a couple Government ministers, provoking more riots and turmoil in Jerusalem.

 

2017

 

Yahya Sinwar replaces Ismael Haniye as head of Hamas for the Gaza Strip. Haniye replaces Khaled Meshal as head of the Political Office of Hamas in exile.

 

Three young Israeli Arabs manage to smuggle fire arms into the Haram Al Sharif and kill two Israeli Policemen at one of the entrances. GOI installs metal detectors and CCTV cameras at different entrances to the Holy Explanade, detonating a new wave of riots. After the killing of two Jordanian citizens by an Israeli security guard in Amman (Jordan) GOI finds the way out of the crisis, removing the detectors and the cameras after two weeks of violence.

 

Hamas announces it will allow the PNA to retake over some ministries, executing effective control over them and cancelling the “administrative committee” it had created last April after the PNA cancelled the payments for fuel (stopping the power station in Nuseirat) and reducing the payments for electricity (that it buys from Israel). It also announces that the Ramallah Government lead by Prime Minister Rami Hamdallah can call for both legislative and presidential elections (the Legislative Council doesn´t work since 2007 and President Abbas rules by decree since 2010 as his mandate expired) creating new expectations for national reconciliation.

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Filed under Elections, Gaza, Hamas, IDF, Israel, Israel Defense Forces, Politics, Settlers

Lawfare – Using Law as a Weapon of War

Professor Orde F. Kittrie (Professor of Law at Arizona State University) has made a strong contribution to the field of international law with his new book “Lawfare – Law as a Weapon of War” published by Oxford University Press (2016).  Order information available here.

Lawfare is “the strategy of using—or misusing—law as a substitute for traditional military means to achieve a warfighting objective.” — Maj. Gen. Charles J. Dunlap, Jr., USAF (ret.)

Everyone can agree that fighting our battles in the courtrooms, boardrooms, and national & state legislatures is far preferable than on the kinetic battlefield.

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The author asserts that the Israeli-Palestinian conflict is foreshadowing lawfare strategies and tactics that will soon be replicated in other conflicts.

As a relatively new legal strategy —(I don’t recall “lawfare” even being mentioned in my international law class 30 years ago)— and also because Israel and Palestine appear to be leading the way in developing lawfare strategies —(four of the nine chapters of this book are focused on the Israel/Palestine conflict)— this book caught and held my attention from cover to cover. I highly recommend the book to both lawyers and lay people interested in this new arena where the Israel-Palestine conflict is being fought. It should definitely be on the shelf of every law school library.

With that said, the book has a gaping hole. The author never explicitly asks “why are the two sides engaged in lawfare?”  Very subtly, the western U.S./Israeli narrative surfaces.

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Palestinian Bar Association – new offices in May 2013

I would never expect an academic book, such as this, to advocate for one side or the other, and Professor Kittrie very carefully presents these various lawfare strategies from both sides, Israel and Palestine. He also describes the strengths and weaknesses of each side. However, the context within which these lawfare strategies are deployed is a valid inquiry which he apparently has chosen to avoid.

Correction: Nearly avoid.  On page 275, the author lets slip that he believes Hamas is using lawfare to “promote the destruction of Israel.”  On another page, he writes about the “armies of terror” in reference to the Palestinians. He has adopted the “terrorists” lens through which the U.S. government and others from the West view the conflict. There’s no mention of Israel’s occupation of the West Bank and Gaza Strip; nor the economic, political and travel siege on Gaza which might provide the context in which Hamas, the PA and the Palestinian NGOs are waging a lawfare battle.

Our Western colonialist narrative of the Israel/Palestine conflict is so deeply ingrained in our psyche that most of us can’t step out of it, be apart from it, and actually acknowledge it. In all fairness, however, the author was an attorney in the U.S. Department of State for over a decade and so was likely steeped in the “terrorism” perspective of the Israel/Palestine conflict from his earlier career.

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Legal aid office in Gaza.

Would I have a bias, in reverse, if I wrote a book about lawfare strategies in the Israel/Palestine conflict? Yes, probably I would. Hopefully, my colleagues would gently point out my bias. Is it possible to step away from the conflict and write completely objectively? Maybe not, because we go in search of information that confirms our bias. Suspending our disbelief is hard to do.

However, in the study and practice of law, it’s doubly important that we challenge ourselves and each other about our blind spots. For what’s even more important than being right or wrong is the ability to learn to think like a lawyer.

Thinking like a lawyer is thinking like a human being, a human being who is tolerant, sophisticated, pragmatic, critical, and engaged. It means combining passion and principle, reason and judgment.   “On Thinking Like A Lawyer” Anne-Marie Slaughter,  Harvard Law Today, May, 2002.

So if I had the chance to sit with Professor Kittrie and talk about the gaping hole in his book, I would ask him to suspend his disbelief and consider the following questions:

  1. Does the offer of an extended ceasefire (hudna) as proposed by Hamas and the other Arab nations contradict your conclusion that Hamas wants to destroy Israel?
  2. Is there any evidence, aside from what the New York Times and the State of Israel report, that Hamas actually advises Palestinians to martyr themselves by staying in homes that Israel has threatened with demolition?  I lived in Gaza during Israel’s attack in November 2012, and never heard any such declarations by Hamas. Based on the members of Hamas that I know personally, I can’t fathom them asking anyone to risk their lives or the lives of their children. But I’ll suspend my disbelief if there’s any factual basis other than the New York Times or the State of Israel.
  3. If Hamas issued a five-minute warning to the people living in Siderot about their plans to launch a rocket, would that exonerate Hamas as the knock-knock attempts to exonerate the IDF?
  4. Is your comparison of Israel’s fight against Hamas with the U.S. fight against the Taliban and ISIS an accurate comparison?
  5. Your description of Hamas’ deployment of “compliance-leverage disparity lawfare on the kinetic battlefield” is based on your stated assumption that Israel is the more law-sensitive adversary of the two, but couldn’t the Palestinians make an argument in reverse that the State of Israel has little regard for international law?  Collective punishment, which is prohibited under international law, is ongoing. Noura Erakat’s law review article is another example.
  6. You write that there are many shades or interpretations of international humanitarian law, and that Israel is trying to build support for its interpretation of international law. Is it beyond the realm of imagination to factor in the occupation into the equation and consider how the battlefield (both lawfare and kinetic) would be changed if Israel ended the occupation of the Palestinian territories? That’s the elephant in the living room that warrants serious discussion by the politicians, as well as by the lawyers advising them.

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The book’s take-away message for me:  Governments and NGOs can use lawfare strategies both offensively and defensively to accomplish goals that might otherwise be played out tragically in the battlefield. So far, lawfare tactics used against Israel have been damaging but not disastrous, according to the author. Lawfare appears to hold the potential to become significantly more damaging. (p.279)

 

 

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Filed under Book Review, Gaza, Hamas, Israel, Occupation, People, Uncategorized