Tag Archives: occupation

The West Bank and International Humanitarian Law on the Eve of the Fiftieth Anniversary of the Six-Day War

By Theodor Meron (The American Society of International Law, 2017)

Judge Meron’s 19-page article is available here to download.

Rarely does a jurist have the opportunity to render a legal opinion twice on the very same case or controversy fifty years apart.

Theodor Meron

Theodor Meron

Theodor Meron was 37 when he was appointed the Legal Adviser of the Israel Ministry of Foreign Affairs shortly after the Six-Day War. He was asked to address some of the international legal implications that followed from that war.

He opined on September 14, 1967 that “the establishment of civilian settlements in the occupied West Bank and other conquered territories violates the Fourth Geneva Convention related to the protection of victims of war and, specifically, its prohibition on settlements (Article 49(6)).” This prohibition is categorical, he wrote, and “not conditioned on the motives or purposes of the transfer, and is aimed at preventing colonization of conquered territory by citizens of the conquering state.”

In March 2017, his opinion has not changed. Given the inexorable demographic change in the West Bank over the past fifty years; the adoption by the Security Council of Resolution 2334 on December 23, 2016; John Kerry’s unprecedented speech delivered on December 28, 2016; and Netanyahu’s immediate rejection of the “shameful UN resolution” — Judge Meron felt compelled to speak up again in support of international law and its requirements and application to the settlements in the occupied West Bank.

Judge Meron’s career is noteworthy and worth recounting here because his opinion carries weight, except with Israeli leaders.

Meron

Theodor Meron – President of the International Criminal Tribunal for Rwanda

Judge and President of the United Nations Mechanism for International Criminal Tribunals; Judge and Past President of the United Nations International Criminal Tribunal for the former Yugoslavia; former Judge of the United Nations International Criminal Tribunal for Rwanda; Charles L. Denison Professor Emeritus and Judicial Fellow, New York University School of Law; Visiting Professor, University of Oxford, since 2014; past Co-Editor-in-Chief of the Journal; past Honorary President of the American Society of International Law.

Settlements in the Occupied West Bank

What is the scope of the problem? The Palestinian president says there will be no negotiations until Israel ends the expansion of settlements in the occupied West Bank. The Israeli prime minister says the Palestinians must come to the bargaining table with no preconditions, but he demands that the Palestinians first recognize Israel as a Jewish state. There have been no negotiations since 2010.

2016-mena-israel-overviewmap

Today there are nearly 600,000 Israeli settlers living in the West Bank and East Jerualem. There are 127 government-sanctioned Israeli settlements (not including East Jerusalem and Hebron), and approximately 100 “settlement outposts”. According to the Central Bureau of Statistics, the annual growth rate for the settler population (excluding East Jerusalem) in 2015 was more than two times higher than that of the overall population in Israel: 4.1% and 2% percent, respectively.  Translated: there are more Israelis today moving to Palestine than to the State of Israel.

Check out this segment on NPR from December 2016 about the settlements.

The Jewish settlements were illegal in 1967 and they remain illegal today.

The Fourth Geneva Convention, adopted in 1949 to protect civilians in a war zone, is considered the “gold standard of humanitarian law.” While 196 countries have signed on, the United Nations concluded in 1993 that the Geneva Conventions had passed into customary law and therefore everyone is bound by them.

What does the Fourth Geneva Convention require of the occupying power (Israel) towards the protected persons (Palestinians) in the territories it occupies?

  1. No collective punishment (article 33) – including no pillage, intimidation, or terrorism. Collective punishment is considered a war crime.
  2. May not forcibly deport protected persons or transfer part of its own civilian population into the occupied territory (article 49).
  3. Must facilitate the proper working of all institutions devoted to the care and education of children (article 50).
  4. No destruction of property belonging to the protected persons or to public authorities (article 53).
  5. Maintain the public health and hygiene along with the medical facilities in the occupied territories (article 56).

Nakba refugees

Despite clear and strong opinions from the International Court of Justice, supported by a score of Security Council resolutions, the International Red Cross, and a rare consensus of the international community on the applicability of the Fourth Geneva Convention to the occupied Palestinian territories, the State of Israel has built a 50-year record of parsing the Fourth Geneva Convention, applying provisions it likes while rejecting others. “This opacity is made worse,” Judge Meron writes, “by the reluctance of Israel to divulge in public the list of the Fourth Geneva Convention’s humanitarian provisions which it is prepared to apply.”

Disrespect for international law is, alas, not unusual in the affairs of states. It is rare, however, that disrespect of an international convention would have such a direct impact on the elimination of any realistice prospects for reconciliation, not to mention peace. And it is rarer still that such disrespect of internatioal law should subsist given the number of pronouncements on the matter.

Israeli leaders rejected Meron’s opinion in 1967 and, undoubtedly, reject it today. They hinge their position on the argument that the territories are not occupied because conquered territory only becomes occupied territory when it belongs to a legitimate sovereign that was ousted. This theory disputes the status of Jordan as such a sovereign of the West Bank in 1967 which, in the opinion of Israel makes the Geneva Convention inapplicable de jure. The government has simply decided, in the absence of an international obligation to do so, to act de facto in accordance with the humanitarian provisions of the Convention.

Judge Meron rejects this argument summarily, asking “what would prevent every conquering state from contesting the sovereignty of every defeated state, even where no legitimate doubts about the sovereignty arise?” In a nutshell, the status of the lands conquered in the Six Day War has no bearing on the applicability of the Fourth Geneva Convention to Israel, as the conquering power.

While the Fourth Geneva Convention bestows rights on the “protected persons” (Palestinians in this case), the Hague Convention No. IV establishes responsibilities on the occupying power, and Israel’s Supreme Court has recognized the applicability of the Hague Convention No. IV as customary law to the West Bank.

There is the requirement to respect private property (Article 46), and the property of municipalities, and that of institutions dedicated to religion, charity and education, and arts and sciences. (Article 56). The occupying power must also safeguard and administer the real estate in accordance with the rules of usufruct.

With the construction of the “security wall” encroaching on Palestinian lands, and a record number of housing demolitions in the West Bank in 2016, the reasonable question Palestinians and the rest of the world might ask is “Who is going to hold the State of Israel accountable for its violations of international law?”

12794787_10208838393703043_5184863994902971158_o Judge Meron concludes his 2017 opinion:

Those of us who are committed to international law, and particularly to respect for international humanitarian law and the principles embodied therein, cannot remain silent when faced with such denials or self-serving interpretations.

But if the continuation of the settlement project on the West Bank has met with practically universal rejection by the international community, it is not just because of its illegality under the Fourth Geneva Convention or under international humanitarian law more generally. Nor is it only because, by preventing the establishment of a contiguous and viable Palestinian territory, the settlement project frustrates any prospect of serious negotiations aimed at a two-state solution, and thus of reconciliation between the Israelis and Palestinians. It is also because of the growing perception that individual Palestinians’ human rights, as well as their rights under the Fourth Geneva Convention, are being violated and that the colonization of territories populated by other people can no longer be accepted in our time.

 

 

Leave a comment

Filed under Israel, Occupation, People, United Nations

How do I talk with you?

 

Four years …. its been four years since I left Gaza and returned home to friends and family. Little did they know that I was a changed woman.

After nine months in Gaza, my eyes and heart were open. I cannot unsee what I’ve seen. I certainly will not close my heart to the realities I learned about the occupation. And I’m not going to forget.

IMG_4249Although returning to Gaza is my first choice today, it appears that Egypt, Israel and even the U.S. government have their own ideas about travel to the Gaza Strip, so I’ve wondered if there’s perhaps another path I’m suppose to follow.

There’s certainly much I can learn about the occupation from books and others more knowledgeable. Maybe I’m suppose to share what I’ve learned with Americans, add my voice to the parade beating the drums for the U.S. government to change its obsequience and blind loyalty to Israel.

I’ve spent the past four years walking a tight rope, teetering from side to side, not wishing to offend anyone with my words about Israel and the occupation, but to speak the truth when the opportunities arise. My options for speaking out have been self-imposed and narrowly-constrained to carefully account for the “sensibilities” of those around me.

  • A friend told me bluntly, “don’t talk about politics. I want to keep things peaceful around here.” I suspect others feel the same way but don’t want to tell me to my face.
  • A family member called me an anti-Semite while another said my words about Israel hurt her to the core because Israel is like a brother.
  • Another family member said my conversation about Israel was the same as asking Jews who support Israel to “commit psychological suicide.”
  • Some have looked at me like I’m a broken record. “Get a life, there’s more than the occupation to worry about.” One friend recommended that I channel my “do gooder” nature into the issue of female trafficking!

I’ve “unfriended” family members on social media to avoid bursting their protective bubbles. I’ve bitten my tongue and kept quiet in the company of some who might be offended. I’ve rationalized to myself that it’s better to be strategic and use my words wisely. If my goal is to change public opinion, and ultimately U.S. foreign policy, then beating someone over the head with the hammer for peace and justice is counter-productive.

Today, however, I turned the corner. Something snapped.

I’m not the same woman-mother-sister-aunt you thought you knew in 2012.  Back then, I knew about oppression, occupation, inhumanity, and all the rest of the human condition from an intellectual point of view.  I was very well informed, better than the average American, or so I thought.

Today, I’m connected with the Palestinians at the cellular level. I feel the occupation in a way that words cannot begin to describe. This isn’t to say that my experience can replace the life experiences of Isra, Samir, Motasem, Mohammed, and the generations of Palestinians who have grown up and lived under occupation. Never!  Their shoes can never be my shoes, and vice versa.

But I cannot ignore and turn my back on them either. I can’t pull the wool over my eyes. I can’t fill my remaining days with other “do gooder” projects in an attempt to forget the truth I know in Palestine. And your ability to do just that really burns me.

How do I talk with you?

Your well-being is just as important to me as the well-being of the Palestinians. This isn’t a zero-sum game where my attention in one direction should harm or distract from another direction.

My personal growth and the love I found in Palestine should help me be a better person in every way, not just a better advocate on behalf of Palestinians’ rights.

But I feel you shut me down and disrespect me when you ignore me and prefer to remain in a cocoon of complacency with the status quo. The status quo is not OK!  Our government’s direct and obscene support of Israel is just as responsible for the Palestinians’ suffering and injustices as are the laws enacted in the Knesset and the orders given to the Israeli Defense Forces.

How do I talk with you?

Silence is no longer an option. But I’m willing to listen to you as deeply as I hope you will listen to me.

10682305_10205074594490415_7766625559446625498_o (1)

 

 

3 Comments

Filed under Occupation, Peaceful, Uncategorized

Oceans of Injustice

Many first-time visitors to the Occupied West Bank & Gaza return home numb from the experience. How could man treat his neighbor this way in the 21st century?

The oceans of injustice we witness there impact each of us in different ways. After her first visit in 2013, Farah Nabulsi returned home to the UK and wrote down her feelings in a therapeutic attempt to come to grips with her experience.

Then she created Native Liberty, a not-for-profit media production company that aims to rehumanize the Palestinians and draw attention to the injustices they face.

The fruits of her labor gave birth to Oceans of Injustice. Check out her website here.

Baltimore Palestine Solidarity Oceans of Injustice

Thanks to Baltimore Palestine Solidarity, I viewed three of her short films (Oceans of Injustice, Nightmare in Gaza, and Today They Took My Son) and then skyped with the filmmaker afterwards. She told us what motivated her to create the films, and her future projects.

“The Palestinians have been suffering for such a long time on such a large scale that its become normalized.” She wants her films to humanize the Palestinians and show the rest of us that they are just like you and me.  The occupation is NOT normal.

Oceans of Injustice will be released on May 16.  If you want to help people around the world to begin to feel what it’s like to be a Palestinian under occupation, please follow these steps:

1. Visit http://thndr.me/Ll4c5p

2. Click on “Support”, then “Support with Facebook” Or “Support with Twitter” (on your phones or computers)

3. Confirm your support when prompted.

I’m in awe of Ms. Nabulsi’s actions when it’s so easy to fall into the trap of believing that we have no power to change the occupation.

power quote

 

 

Leave a comment

Filed under Occupation, People, Uncategorized, Video

“Gaza Strip is not occupied,” says Israel’s Supreme Court, as Gaza is thrown into darkness

I just read the Ahmed decision by the Supreme Court of Israel. This case involves a petition filed in 2007 by the Palestinians against the State of Israel regarding the reduction of fuel supplies and electricity to the Gaza Strip.  Recently, the American Friends Service Committee prepared a short description of the problem here.

In 2005, Israel removed its settlers and soldiers from the Gaza Strip. The Supreme Court concluded that “Israel no longer has effective control over what happens in the Gaza Strip” and so “Israel does not have a general duty to ensure the welfare of the residents of the Gaza Strip or to maintain public order in the Gaza Strip according to the laws of belligerent occupation in international law.”

The Supreme Court ruled in favor of Israel, in part because

(1) Israel asserts it is monitoring the fuel supplies and electricity delivery to the Gaza Strip to meet the humanitarian needs of the people in Gaza;

(2) Israel says that the Palestinian officials have the capability to manage the load reduction;

(3) it’s better that the parties negotiate between themselves regarding the issue of fuel delivery and electricity; and

(4) there is a big distinction between the parties — one is fighting in the name of the law (Israel) and the other is fighting against the law (terrorists = Hamas).

Quick Facts • Less than half–only 45 percent—of Gaza’s power needs are now being met. Rolling blackouts leave residents with only six to eight hours of power each day. • Since 2013, the Gaza power plant has operated at less than half capacity. The plant regularly has to shut down, due to fuel shortages caused by Israeli restrictions on importing fuel. • Since 2010, at least 29 people—24 of them children— have died in Gaza from fires or suffocation directly linked to power outages. • Over 70 percent of Gaza households have access to piped water for only six to eight hours once every two to four days, because of the limited power supply.

I find the Ahmed decision troubling for several reasons:

(1) The Supreme Court’s rather cursory conclusion that Israel does not occupy the Gaza Strip. No occupation = no duty under the international laws of belligerent occupation. This conclusion appears to have been reached without arguments proffered by the parties on this very important issue, and almost as a side note to the court’s decision.

(2) The Supreme Court’s characterization of the parties in the case — one is law-abiding and fighting to preserve the law, while the other is a terrorist organization fighting against the law — demonstrates the inherent bias and lack of judicial neutrality that permeates the decision. The Supreme Court also demonstrates its lack of objectivity when it cites with approval Israel’s statement that the Palestinians are capable of managing the load reduction so as not to harm hospitals, etc., while dismissing without discussion the contrary arguments made by the Palestinians.

(3) While the Supreme Court acknowledges that Israel has a responsibility to meet the “essential humanitarian needs of the civilian population” in Gaza, it doesn’t provide any guidance about what constitutes “essential humanitarian needs” and appears to defer to Israel’s assertion that the State recognizes its responsibility and will monitor the delivery of electricity and fuel so as to meet its responsibility. (That must be cold comfort to the civilians sitting in the dark on a cold winter night in Gaza, or to the children who have died in house fires due to the candles.)

(4) The issue of the nexus between Israel’s rationale for reducing the electricity and fuel to Gaza seems to be accepted carte blanche by the Court without any critical examination. Israel says its “decision to limit the supply of fuel and electricity to the Gaza Strip was made in the framework of the State’s operations against the ongoing terrorism.” Doesn’t Israel have a duty to show the Court a nexus —- that the reduction of electricity and fuel has some measurable impact on reducing the terrorism (rockets)? If there is no nexus, then isn’t it fair to say that Israel’s actions, in fact, constitute collective punishment against the civilian population?

• Hospitals provide only limited services because they rely on generators, which produce insufficient and unstable electrical supplies that can damage sensitive equipment. • Up to 90 million liters of untreated sewage are discharged into the Mediterranean Sea each day in part due to electrical and fuel shortages. • Schools often function without electricity, leaving students in the dark, making many educational activities impossible, and negatively affecting students’ learning environments. • Businesses and industry can’t function without reliable electrical supplies, increasing unemployment and further destabilizing the Gaza economy.

Leave a comment

Filed under Gaza, Hamas, Israel, Occupation, Uncategorized, Video

The Israeli Occupation Comes to the UN Security Council

Hagai El-Ad’s address in a special discussion about settlements at the United Nations Security Council on October 14, 2016

(The following transcript and short videos are located on the Btselem website.

Members of the Security Council,

Ladies and Gentlemen,

Before I begin, I would like to express my deep thanks for this unique opportunity of speaking at this distinguished forum and engaging with the members of the UN Security Council.

What I’m about to say is not meant to shock you. It is, however, meant to move you.

For the past 49 years – and counting – the injustice known as the occupation of Palestine, and Israeli control of Palestinian lives in Gaza, the West Bank, and East Jerusalem, has become part of the international order. The first half-century of this reality will soon be over. On behalf of B’Tselem, the Israeli Information Center for Human Rights in the Occupied Territories, I implore you today to take action. Anything short of decisive international action will achieve nothing but ushering in the second half of the first century of the occupation.

Ladies and Gentlemen,

What does it mean, in practical terms, to spend 49 years, a lifetime, under military rule? When violence breaks out, or when particular incidents attract global attention, you get a glimpse into certain aspects of life under occupation. But what about the rest of the time? What about the many “ordinary” days of a 17,898-day-long occupation, which is still going strong? Living under military rule mostly means invisible, bureaucratic, daily, violence. It means living under an endless permit regime, which controls Palestinian life from cradle to grave: Israel controls the population registry; Israel controls work permits; Israel controls who can travel abroad – and who cannot; Israel controls who can visit from abroad – and who cannot; in some villages, Israel maintains lists of who can visit the village, or who is allowed to farm which fields. Permits can sometimes be denied; permits must always be renewed. Thus with every breath they take, Palestinians breathe in occupation. Make a wrong move, and you can lose your freedom of movement, your livelihood, or even the opportunity to marry and build a family with your beloved.

Meanwhile, ever present, are the settlements and the settlers. They are Israeli citizens living, ostensibly, in a first-world democracy, that somehow exists only for them, beyond the borders of their country. This ever-expanding venture, its illegality notwithstanding, is to be found everywhere throughout the West Bank and East Jerusalem. Settlements encompass the built-up areas as well as the generous allocations of land around them, meant for future expansion or “special security zones”; they mean checkpoints for Palestinians, and bypass roads for settlers; they mean the Separation Barrier; and finally, they mean the fragmentation of Palestine into hundreds of isolated communities, floating – or rather I should say, slowly sinking – in a sea of Israeli domination. Who could possibly deserve to endure such conditions for half a century?

Ladies and Gentlemen,

Almost all aspects of this reality are considered legal by Israel. Israel’s control of Palestinian lives is unique in the careful attention the occupying power gives to the letter of the law, while strangling its very spirit. The occupation has so perfected the art of watering down International Humanitarian Law and Human Rights Law as to render them virtually meaningless. Once military lawyers, State Attorneys and Supreme Court justices are done masterfully chiseling out legal opinions, all that remains is raw injustice.

Show me a dead Palestinian whose killing must be explained away to ensure impunity, and there you will find a learned opinion by the Military Advocate General. Show me the 100,000 Palestinians ignored and neglected on the other side of the Separation Barrier built inside East Jerusalem, and I will remind you that even this glaring injustice has been pre-approved by Israel’s High Court of Justice.

Show me a plot of Palestinian land you wish taken over, and the Civil Administration will come up with the appropriately tailored legal mechanism – of course, it must all be legal! – to achieve that end: military training zones, nature reserves, archeological sites and, above all, declaring thousands of acres “State Land” – what “State” exactly? All these are successfully used in order to forcibly displace Palestinians and justify denying them access to running water or the power grid. Of course, such Israeli actions aren’t successful 100% of the time. That would be too transparent. So once in a long while, maybe once a decade, a low-ranking soldier might be put on a show trial; and once in a blue moon a master plan for a Palestinian village will be approved. These extraordinary cherry-picked rarities provide useful distractions from the big picture.

In order to uphold the guise of legality, Israel applies “due process” in just about everything: to potentially force-feed hunger strikers, as recently approved by the High Court; to routinely approve and renew administrative detention orders, or extend prolonged imprisonment without trial, of hundreds of Palestinians; to demolish the homes of the families of Palestinians who perpetrated attacks – yes, that too has happened hundreds of times, with due process and a seal of approval by the High Court. Since the year 2000, more than 4,400 Palestinians have lost their homes in this way.

Yes, Israel has professional lawyers, attorneys and judges. It is, indeed, a highly “professional” occupation. We have had plenty of time to work towards a more perfect occupation. But you don’t need to be a lawyer in order to recognize injustice. Look at the occupation and all the legal pretense surrounding it, and call it for what it is: a legal guise for organized state violence.

Ladies and Gentlemen,

Israel has systematically legalized human rights violations in the occupied territories through the establishment of permanent settlements, punitive home demolitions, a biased building and planning mechanism, taking over Palestinian land and much, much more. Israel’s military law enforcement system – if one can call it that – routinely whitewashes hundreds of cases in which Palestinians were killed or abused.

Here are some figures: Israel has declared 20% of the West Bank “State Land”; Israel “generously” allows Palestinians to build on one-half of one percent of Area C, the 60% of the West Bank placed “temporarily” under Israeli control a generation ago; over the past decade, Israel has demolished some 1,200 Palestinian homes in the West Bank, excluding East Jerusalem, thereby rendering homeless over 5,500 people, half of them minors; East Jerusalem figures would raise these by roughly another 50%; in April 2016 there were about 7,000 Palestinians in Israeli custody, a quarter of them individuals remanded for the duration of their military court proceedings, and roughly 10% administrative detainees. One final figures: in a quarter of the 740 plus complaints referred by B’Tselem to the military authorities since 2000, no investigation was even opened; in another half, the cases were eventually closed with no action taken; and only in 25 cases, were indictments served. And get this: during that time, the military authorities have physically lost track of 44 cases – more than the 25 cases that went to court. Israel insists that all of this is legal, under both Israeli law and international law.

It is not.

But this fact is of little practical significance in terms of keeping Israel from carrying on implementing its policies because, regrettably, international law lacks any effective enforcement mechanisms. And so, Israeli policies are implemented and advanced with ever greater domestic support. Despite broad international agreement – including previous Security Council resolutions – that the settlements are illegal, the only measurable change in this area is the growing number of settlements, of settlers, and of Palestinians living in their shadow, facing demolitions or displacement.

Ladies and Gentlemen,

B’Tselem has worked for 27 years to document and publish violations of human rights in the occupied territories, to analyze and interpret data, and advocate locally and internationally on these issues. We are not advocating for any specific political outcome: we are fighting human rights violations. In fact, we realize how Israel has effectively used the “peace process” itself to buy time – a great deal of time – while it further establishes more facts on Palestinian ground. B’Tselem’s mission to tell the Israeli public about the ways in which the state oppresses Palestinians will continue as long as the occupation does. We were and will always remain relentless in this effort, for it is our basic moral obligation. But after so many years, one has to draw certain conclusions. Moral principles alone will not be enough. Israel will not cease being an oppressor simply by waking up one day and realizing the brutality of its policies. Decades of false pretexts and genuine fears, economic interests and political dogma, have come together to prevent that eventuality, while too few convincing reasons to change course were presented. And globally?

Six-and-a-half years ago US Vice President Joe Biden warned that “the status quo is not sustainable”. Clearly he was at least six-and-a-half years too early in voicing such a warning. The “status quo” – that ever progressing vector of Israeli interests at the expense of Palestinian rights – has proven not merely sustainable, but in fact thriving.

Almost exactly a year ago the European Union embarked on a six-month “structured dialogue” with Israel, seeking to end administrative home demolitions in Area C. Six months later, the dialogue was going nowhere and demolitions were on the rise, yet the EU decided – to extend the dialogue. If an unprecedented number of demolitions goes hand-in-hand with an unlimited timetable for international dialogue, why stop demolitions?

Clearly, the occupation is internationally sustainable. It is so, because so far the world refuses to take effective action.

Recent years have made that realization even more painful. Israel’s long-term project to maximize its benefits from Palestinian land while minimizing the nuisance of Palestinian presence there has become even more palpable than perhaps ever before. Admittedly, even just half a day spent in the West Bank has long been more than enough to realize the permanence sought for the enterprise that Israeli governments right, center, and left have been advancing there since 1967. Similarly, retired Israeli officials have openly said so – most recently it was put quite simply by a former OC Central Command who said: “The army is there because the State of Israel has no intention of leaving.” But now that Israeli leaders currently in office, from the Prime Minister down, have been skipping the lip-service in real time and openly admitting this – with such a level of official clarity – it seemed that surely, finally, there would be implications. Was one naïve to have that expectation?

Perhaps. While unprecedented clarity in Israeli language has narrowed the divide between Israeli actions and the empty rhetoric on negotiations and diplomacy, the global response to it was, well, yet another report. Demolitions have been stepped up, making 2016 the worst year on record in this sphere. I feel compelled to ask: how many more Palestinian homes must be bulldozed before the realization sinks in that words that are not backed up by action do no more than indicate to Israel that it may carry on?

Ladies and Gentlemen,

The realization of human rights need not wait any longer. Palestinians have the right to life and dignity, the right to determine their own future. These have all been delayed for far too long – and justice delayed is justice denied.

As Martin Luther King Jr taught us, “we know through painful experience that freedom is never voluntarily given by the oppressor”. So the reality facing the international community is this: absence of action not only effectively gives the oppressor a license to proceed without having to suffer too many repercussions, but also gives the oppressor the power to decide when will be the right time to start considering alternatives. “Wait,” demands Israel, “now is not the right time”. But “‘Wait’ has almost always meant ‘Never’,” responds Martin Luther King Jr. “The time is always right to do what is right.” That time is now: the time to, at long last, take action. The UN Security Council has more than just power: you have a moral responsibility – and a real opportunity – to act with a sense of urgency, before we reach the symbolic date of June 2017 and the second half of that first century begins, to send to the world, to Israelis and to Palestinians, a clear message, backed by international action: Israel cannot have it both ways. You cannot occupy a people for fifty years and call yourself a democracy. You cannot violate the rights of millions and claim international perks justified by hollow words about commitment to shared human rights values.

Israel is a sovereign country established through international legitimacy granted through a historic decision by this very institution in 1947. I am a citizen of that country. It is my homeland. For most of my country’s existence, the world has allowed it to occupy another people. I have lived my entire life, every single day of it, with that reality. Millions of Israelis and Palestinians know no other reality. We need your help. Fifty years of “temporary” occupation are too long for even a single person on this planet to accept such a contradiction in terms. The rights of Palestinians must be realized; the occupation must end; the UN Security Council must act; and the time is now.

Leave a comment

Filed under People, Uncategorized, United Nations, Video

Knowledge is power!

Following in the footsteps of Alexander the Great, I traveled from Greece to Egypt this month (July 2016) and visited the magnificent library in Alexandria, the city which he founded.  More than 2300 years ago, the ancient library on this site was the world’s largest repository of ancient knowledge. By 400 A.D. the library had vanished. The new library opened in 2002.

The idea of a universal library, like that of Alexandria, arose only after the Greek mind had begun to envisage and encompass a larger worldview. The Greeks were impressed by the achievements of their neighbours, and many Greek intellectuals sought to explore the resources of “Oriental” knowledge.

The cruise ships have stopped coming to Alexandria, citing concerns about violence, and so I suspect that this port city is suffering under the same economic woes as Cairo and the Red Sea resorts from the lack of tourism. There were many Egyptians visiting the library on the day I was there, but I saw only a handful of foreigners.

IMG_5752

Egyptians taking their selfies in front of the Library of Alexandria

Knowledge is power; making knowledge univerally accessible to anyone with a computer is a powerful act of generosity and love.

I learned from our tour guide that the Library of Alexandria is part of the World Digital Library started by the US Library of Congress. The library has a very active project to digitize resources from many countries, and our guide asked us which country we would like to search in the library’s database as an example. I said “Palestine.” She smiled and typed in Palestine, and up came the list of books and manuscripts that have been digitized to date.

IMG_5710

Permanent art exhibits at the Library of Alexandria

Libraries and librarians have always been special in my heart, and that might explain why I think the CPDS Library in Gaza is so extraordinarily important. Israel can stop the flow of people, concrete and sugar, but it can’t stop the flow of information. Israel’s 20th century strategies — occupation, siege, blockade and humiliation — will backfire in the 21st century.  Now anyone in Gaza connected to the Internet will be able to access:

The Digital Assets Repository, the Wellcome Arabic Manuscripts Online, the Institut du Monde Arabe Book Collection, the Digital Library of Inscriptions and Calligraphies, the President Mohamed Naguib Digital Archives, the President Gamal Abdel Nasser Digital Archives, the Science Supercourse Project, the Encyclopedia of Life, the Universal Networking Language Project (my favorite), and much more.

IMG_5702

World’s largest public reading room.

I can imagine space aliens from the future uncovering this library in Alexandria one day, very much as we’ve uncovered the archaeological treasures from the past, and thinking “a society that valued books and knowledge must have been very enlightened.”

Unfortunately, Israel’s occupation and siege of the Gaza Strip prove otherwise. An enlightened society does not treat Palestinians as inhumanely as Israel does. Israel is building a legacy of a very different sort.

I bought a postcard at the library’s gift store, addressed it to the orphanage in Gaza, and then stepped outside into the blazing heat of the afternoon sun to mail it. Maybe Israel will allow my postcard to enter Gaza, maybe not, but that won’t stop the Postcard Brigade.

 

2 Comments

Filed under Egypt, Gaza, Israel, Peaceful, Uncategorized

Obfuscating “occupation”

The Democratic Party bosses don’t want to include any mention of Israel’s occupation of Palestine in the party’s platform. Why?

Isn’t the occupation a well-established fact, just as climate change is today?

Unfortunately, there are climate change deniers and occupation deniers. Facts mean little to either.

The State of Israel has a very clear strategy to obfuscate their occupation of Palestine in order to escape legal responsibilities as the occupier, and to shift the burden of the plight of the Palestinians onto the Palestinians themselves and the international community. Attorney Noura Erakat educated me about Israel’s legal strategy in her law review piece that I summarized here.

The New York Times, in this respect, is Israel’s handmaiden by deliberately avoiding the term “occupation” in the context of Gaza, as I wrote about here.

Most members of Congress have sipped AIPAC’s koolaid and refuse to touch anything with the term “occupation” attached. Thankfully, 20 members had the courage last month to call it what it is.  See here.

The lawmakers sent the president a letter on June 20, urging him to appoint a “special envoy for Palestinian youth” in order to monitor the Israeli government’s violation of Palestinian children’s human rights.

The letter notes that Palestinian children are “growing up under military occupation with very few opportunities to improve their lives.”

The letter describes the occupation as “an unimaginably difficult and at times hopeless environment,” where children “live under the constant fear of arrest detention and violence at the hands of the Israeli military.”

Even pro-Palestine activists are confused about the term. Some label the creation of Israel and the ensuing Nakba that displaced thousands of Palestinians from their homes, businesses and villages as an occupation dating back to 1947. I completely understand their feelings, but wish we could use the term precisely and correctly. Activists only play into Israel’s strategy when they throw the term “occupation” around; just as unhelpful as politicians indiscriminately labeling everyone a terrorist.

We should be absolutely clear about the term “occupation” and use it correctly. Under international law, Israel has occupied portions of Palestine since 1967 and must be held accountable as the occupier. That doesn’t mean Israel shouldn’t be held accountable for the Nakba, but the Nakba does not equal “occupation“……not legally.

And the Democratic Party bosses must wake up and smell the coffee. “It’s an occupation, stupid.”

1 Comment

Filed under Israel, Occupation, People, Politics, Uncategorized, Video