Tag Archives: Palestine

Magical thinking

Donald (you know which Donald) wants to make the “deal of the century” in the Middle East and he’s assigned that task to his son-in-law, Jared Kushner.

Here’s what we know about the “deal” thus far.

  • Make the issue of East Jerusalem as the capital of the future State of Palestine disappear by moving the US Embassy to Jerusalem, and declaring Jerusalem the undivided capital of Israel. (See here.) No capital for Palestine, no problem.
  • Strip the more than 2 million Palestinian refugees in Jordan of their status as refugees, and pay Jordan to absorb them as new citizens of Jordan. That would solve the ‘right of return’ problem, at least for those 2 million Palestinians. (See here.)  No refugees in Jordan, no problem.
  • Dissolve the U.N. agency (UNRWA) that was created in 1949 to provide relief to the Palestinians displaced by the creation of the State of Israel. (See here.) No UN agency requiring funding to sustain the refugees, no problem.
  • Redefine who qualifies as a refugee to include only those individuals who were displaced 70 years ago, not their descendants. Of course, this would drastically reduce the refugee population which is around 5 million, nearly one-third of whom live in camps across Jordan, Lebanon, Syria, the West Bank, and Gaza. (See here.) No descendants of Palestinian refugees to be concerned about, no problem. JUST WAIT THEM OUT AND THOSE PESKY REFUGEES FROM 70 YEARS AGO WILL DIE.
  • Provide aid to the Palestinians in a way that makes clear that the international community does not recognize the vast majority of Palestinians who are currently registered as refugees are deserving of refugee status. (See here.) Again, no refugees, no problem.

Lest you think this is all magical thinking, H.R. 6451 – UNRWA Reform and Refugee Act of 2018 was introduced in July and would accomplish many of these points pushed by Jared Kushner.

By any objective measure, this is a war between the U.S. Congress and Palestinians with a clear goal to erase the impediments to the “deal of the century”. No refugees, no UNRWA, no capital in Jerusalem, no ‘right of return’ – such a headache for Israelis to contemplate – this deal will certainly fall right into place.

And Congress wants to ensure that the State of Israel maintains a military advantage which translates on the ground to Israeli snipers shooting and killing Palestinian journalists, nurses, doctors, women and children (some in the back, others who were merely standing and observing) — a total of 156 since the weekly protest marches at the Gaza fence began in March this year.

iStock 20492165 MD - American and Israeli flags

America and Israel flags

My delegation from New Mexico (Heinrich, Lujan-Grisham, Lujan and Pearce) have signed on as cosponsors to H.R. 5141 and S.2497 – United States-Israel Security Assistance Authorization Act of 2018 which states in part:

It is the policy of the United States to ensure that Israel maintains its ability to counter and defeat any credible conventional military or emerging threat from any individual state or possible coalition of states or from non-state actors, while sustaining minimal damages and casualties, through the use of superior military means, possessed in sufficient quantity, including weapons, command, control, communication, intelligence, surveillance, and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition states or non-state actors.

(1) The quantity and type of precision guided munitions that are necessary for Israel to combat Hezbollah in the event of a sustained armed confrontation between Israel and Hezbollah.

(2) The quantity and type of precision guided munitions that are necessary for Israel in the event of a sustained armed confrontation with other armed groups and terrorist organizations such as Hamas.

(3) The resources the Government of Israel can plan to dedicate to acquire such precision guided munitions.

(4) United States planning to assist Israel to prepare for the sustained armed confrontations described in paragraphs (1) and (2) as well as the ability of the United States to resupply Israel in the event of such confrontations described in paragraphs (1) and (2), if any.

Read this language carefully and it’s clear that the U.S. Congress wishes to re-write the rules of war, and international humanitarian law, by authorizing the State of Israel to preemptively strike anyone (civilians included) who, in their sole discretion, poses a threat.

I suspect that many members of Congress don’t understand what they’ve signed onto, and they trust AIPAC’s propaganda. But the words speak for themselves, and anyone who values the rule of law must remove their name as a cosponsor.

That’s the message I’m sending to my delegation from New Mexico.

Palestinian President Abbas condemned the ‘deal of the century’ as the ‘slap of the century’.

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Gaza Facts vs. Propaganda – Shame on the Washington Post

Mike Merryman-Lotze is the Middle East Program Director at the American Friends Service Committee.  When the Washington Post published an opinion piece (7/19/2018) about Gaza which begged for some facts and objectivity, Mike responded.  His response is reprinted below with permission. Mike headshot

The Washington Post has given Jason Greenblatt, Jared Kushner, and David Friedman room to write about Gaza. What they have written has to be one of the most dishonest and transparently propagandistic pieces I’ve read on Gaza.

I’ve therefore taken a few minutes to add my own quick comments into the text of the article:

WP Article: At the end of a productive six-day trip to the region recently, one reality was painfully clear: The nightmare of Hamas’s leadership is continuing and needlessly prolonging the suffering of the Palestinian people in Gaza.

WP Article: Despite the billions of dollars invested for the benefit of Palestinians in Gaza over the past 70 years, 53 percent of the people there live below the poverty level , and the unemployment rate is a crippling 49 percent. The Palestinians of Gaza are stuck in a vicious cycle where corrupt and hateful leadership has provoked conflicts leading to reduced opportunities and the poverty and hopelessness that follow.

Mike’s Comment: Most of the investment in Gaza is reconstruction money given to rebuild infrastructure and homes destroyed by Israeli bombings. The economy has been devastated by the blockade. If you want to deal with employment the issue is the blockage of imports, exports, and goods needs to produce economic output. There has been a conscious decades long policy of dedevelopment implemented by Israel in Gaza. The unemployment and poverty rates in Gaza are not linked to the Palestinian leadership but to Israeli policies. If you are concerned about this push for an end to the blockade.

WP Article: International donors are conflicted: Should they try to help the people directly, at the certain risk of enriching terrorists, or withhold funding to Hamas and watch the people it is supposed to govern suffer? In the past, investments in badly needed infrastructure have been diverted for weapons and other malign uses, and even the projects that are built are often destroyed as a consequence of Hamas’s aggression.

Mike’s Comment: The vetting procedures for foreign aid going into Gaza are more restrictive than in any other place in the world. There is no money going from foreign governments to Hamas. Foreign aid goes to help people. If you consider rebuilding electrical infrastructure and water systems assistance to Hamas and not repair of basic infrastructure that people need then there is something wrong. No money for basic infrastructure is diverted for weapons. While Hamas does spend a portion of its money on weapons, even Israeli government sources report that it spends 80% or more of its funds in Gaza on governance. Even if it moved the $100 million it spends on weapons towards infrastructure it could not meet needs, and it also could not get the supplies needed to repair infrastructure with that money because of the blockade and international sanctions. The issue again is not Hamas but the blockade and Israeli and international policies that deny Gaza access to the world.

WP Article: Until governance changes or Hamas recognizes the state of Israel, abides by previous diplomatic agreements and renounces violence, there is no good option.

Mike’s Comment: Hamas has repeatedly indicated that it is willing to consider a state in the areas occupied in 1967 and that it will talk with Israel. This has been the case for years. At the same time, the Likud Party platform formally rejects two states and nearly every other party in the ruling Israeli coalition formally rejects two states. Israeli actions also move to materially change the situation so that two states are not possible. The Nation State Law passed this week furthers the settlement enterprise and violates previous diplomatic agreements. Israeli has not rejected violence.

Further, if we really want to get technical it should be pointed out that according to the Israeli Defense Ministry, in 2015 a total of 21 rockets were fired from Gaza. In 2016 a total of 15 rockets were fired from Gaza. In 2017 a total of 35 rockets were fired from Gaza. Between January 1 and May 29 of 2018 only 10 rockets were fired from Gaza, with none fired during March, April, and the first weeks of May. At the same time, according to the United Nations Office for the Coordination of Humanitarian Affairs, in 2015, 2016, and 2017, Israel killed 64 Palestinians in Gaza, injured over 2,700, and carried out attacks on Gaza nearly every day. Also, between January 1, 2018 and March 26, 2018 the Israeli military entered the Gaza buffer zone nine times to destroy property and clear land. During the same period, the Israeli military opened fire in the Gaza buffer zone 181 times, killing 2 people and injuring 13. These actions occurred before the start of the Great Return March. So where should we look if we are concerned about violence?

WP Article: Seventy years after the founding of Israel, it would be wise for Hamas to acknowledge that the existence of Israel is a permanent reality. Almost all in the Middle East have come to accept this fact, and many even embrace it. At the expense of the Palestinian people, Hamas is fighting a morally bankrupt, decades-old war that has long been lost.

Mike’s Comment: Equally, it might be important for the Israeli government to recognize the rights of Palestinians to a state. As noted above, no party in the ruling Israeli coalition supports two states. The Israeli government is taking action to make two states impossible, and the Israeli government just passed a law declaring that Palestinians have no right to self-determination.

WP Article: Peace will provide opportunity to break this stalemate, and peace will be achieved only by embracing reality and dismissing a flawed ideology. Life could significantly improve in short order for the Palestinian people if Hamas allowed it. There are engaged, interested parties with resources who are ready to get to work. Yet without real change accompanied by reliable security, progress is impossible. If Hamas demonstrates clear, peaceful intentions — not just by word but, more importantly, by deed — then all manner of new opportunities becomes possible.

Mike’s Comment: If you want change from Hamas engage with Hamas. Don’t write a mendacious article in the Post full of lies that the editors seem unable to fact check. Stop the blockade, end sanctions, allow Hamas to engage with the PA without that triggering new sanctions that would collapse the PA. All of this is meaningless if what is really demanded is one-sided capitulation and surrender.

WP Article: There is no reason the Palestinians (in both the West Bank and Gaza) can’t enjoy economic success and integrate into a thriving regional economy — if they let us help. As President Trump has said so many times, economic security is national security. By encouraging economic recovery in the region, we can enhance our efforts to increase stability as well.

Mike’s Comment: Economic prosperity under occupation is not possible, economic growth without rights and self-determination is meaningless. The issue isn’t economics, it is freedom.

WP Article: Hamas must immediately cease provoking or coordinating attacks on Israelis and Egyptians, and on infrastructure projects sponsored by donor nations and organizations. Rather than looking for opportunities to weaponize everything from kites to mirrors in order to attack Israel, Hamas should focus its ingenuity on improving the Gazan economy.

Mike’s Comment: What attacks on Egyptians and donor projects? These types of attacks simply haven’t occurred. Where are our fact checkers? What is the context of actions against Israel? Are those actions proactive or reactive? What is Israel’s role in all of this? Where do Israeli attacks on Gaza fit in and should they also stop? What about the blockade and the systematic denial of Palestinian rights? What about the continued loss of Palestinian life in Gaza? Is any of that a concern?

WP Article: Rather than cynically attempting to exploit its barbaric holding of Israeli soldiers and citizens, Hamas must return them to their families.

Mike’s Comment: Hamas holds a couple of Israeli soldiers captured while in Gaza and a few bodies of soldiers killed while fighting in Gaza. I agree with the idea that they should be returned home. However, also note that Israel holds literally thousands of Palestinian prisoners and hundreds (if not more) bodies of Palestinians it has killed. Israel has set up whole graveyards to hold the bodies of Palestinians that it refuses to return to families. The holding of bodies is a policy that Israel developed. All bodies should be returned.

WP Article: Instead of exploiting crossings such as Rafah and Salah al-Din to smuggle weapons and siphon off tax revenue for illicit purposes and personal enrichment, Hamas must hand those functions over in their entirety to the Palestinian Authority so that badly needed materials can get through to the people of Gaza. The international community stands ready to work with the Palestinian Authority on this vital effort.

Mike’s Comment: This is simply misinformation. Weapons have never been smuggled through formal crossings. While Hamas may have limited control of one side of the crossing, Egypt and Israel control the other sides of the crossings. This means that weapons must be smuggled through Israel and Egypt and it is those states that control what goes into Gaza. The PA does control crossings in Gaza and the US knows this. The PA is the force in Gaza that coordinates with Israel at crossings and Hamas has allowed that control. The issue is not changing who controls borders, it is the Israeli enforced blockade.

WP Article: The cycle is clear: Rockets, mortars, terror tunnels, kite bombs and other weapons of aggression lead only to stricter constraints on the people of Gaza. Hamas’s acts of aggression have only produced misery for the people of Gaza. The true victims of this terrible situation are the many Palestinians who are not rioting but whose futures are dimmed by Hamas’s radical approach.

Mike’s Comments: Again, according to the Israeli Defense Ministry, in 2015 a total of 21 rockets were fired from Gaza. In 2016 a total of 15 rockets were fired from Gaza. In 2017 a total of 35 rockets were fired from Gaza. Between January 1 and May 29 of 2018 only 10 rockets were fired from Gaza, with none fired during March, April, and the first weeks of May. Tunnels may exist but simply haven’t been used to attack Israel. Burning kites didn’t start flying until long into the Gaza Return March and after more than 50 Palestinians had been killed and thousands injured.

If, over a period of three and a half years you have, on average, two to three rockets fired towards Israel each month and they don’t cause significant damage and at the same time you have daily attacks by Israel on Gaza and the maintenance of a brutal blockade, it seems clear that the cycle is not starting with rocket fire.

WP Article: It is evident that the leaders in this region are tired of being on this hopeless treadmill and are hungry for real change. There is a clear divide between the bad actors looking to cause destruction, violence and human misery, and the responsible leaders trying to create a better and sustainable future for their citizens. The world is moving forward, but bad choices are causing Palestinians to fall further and further behind.

Mike’s Comment: So the link included here in the original article notes that the world is moving beyond two states. I’m perfectly OK with that, but let’s be clear that closure of the two state possibility is only due to Israel actions. Palestinians can be intransigent and can say no, but they can’t change the situation on the ground in any material way that changes what a possible solution will look like.

What has changed the situation? Settlements, and the authors should know this since Greenblatt served as a guard on a settlement and both Friedman and Kushner were major donors to settlements. Hey wait a minute, isn’t that relevant information that the editors should consider?

WP Article: The international community also bears some blame. More countries want to simply talk and condemn than are willing to confront reality, propose realistic solutions and write meaningful checks. The United States has invested more money in helping the Palestinian people than has any other country in the world.

Mike’s Comments: Damn right the international community bears much of the blame. Countries want to simply talk, condemn, not confront reality, and not propose realistic solutions? Really? Here is a mirror.

WP Article: For far too long, Gaza has lurched from crisis to crisis, sustained by emergency appeals and one-time caravans of aid, without dealing with the root cause: Hamas leadership is holding the Palestinians of Gaza captive. This problem must be recognized and resolved or we will witness yet another disastrous cycle.

Mike’s Comment: We can agree, Gaza has existed in crisis for far too long. And the authors are a major reason why that crisis continues. To give them a platform to put forward such garbage is indefensible. To simply let them write without any editorial oversight is wrong. The Post should be ashamed for publishing such transparent propaganda, although the post editorial page itself is pretty atrocious on this issue.

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All People Have Value

 

Kids and signsTrump’s policy of separating young children from their parents when they cross the border has galvanized Americans of all stripes to stand up and fight back.

Governors (Democrats and Republicans) are refusing to deploy their state’s National Guard to the border; television journalists are shedding tears on camera; mental health professionals are telling us about the long-term trauma these children will suffer; and members of Congress on both sides of the aisle are telling the Administration to end this outrageous policy while proclaiming that “America is better than this!”

Marchers gathering 3

Protests were organized in many U.S. cities this week. I joined 500+ people in El Paso to March about 1.5 – 2 miles to the detention facility where many immigrants are being processed through the system after their children are removed and taken somewhere else. We chanted, yelled and some swore while the national and international media captured our stories.

By every measure, this action was successful, and Border Network for Human Rights in El Paso must be recognized for its effective organizing efforts.  Within 24 hours, President Trump had signed an Executive Order ending the separation policy.

Was it the media attention, or the Governors’ actions, or Congress, or a combination of many actions that caused Trump to reverse course? We may never know. But I have no doubt that when Americans are aroused and angry, we can move mountains.

All People in All Countries Have Value

Then why aren’t Americans aroused and angry over our government’s funding and support for Israel’s systematic killing, maiming and traumatizing of Palestinian children in Gaza?

If “All People in All Countries have Value” — how do Americans not recognize and become incensed with our government’s complicity in Israel’s war crimes?

[This isn’t the blog post to explain or convince anyone about Israel’s war crimes, but I acknowledge that lack of education may be part of the answer to my question.]

If Rachel Maddow and other journalists started crying on camera when reporting about American-made (and American financed) bombs falling on Palestinian children in Gaza, would that move anyone?

If a few Governors proclaimed their distaste for U.S. priorities, such as allocating $3+ billion each year to Israel’s war machine while cutting social programs at home, would that move anyone?

If there were simultaneous demonstrations and marches in large U.S. cities protesting Israel’s willful and deliberate killing of Palestinian children, would that move anyone?

Probably not.

Most humans (not just Americans) have a finite wellspring of empathy which seems to be doled out sparingly, as though we’re fearful that the well might run dry.  Immigrant families crossing the southern border with their children? That we can get our hearts and minds around. Palestinian families half way around the world, not so much, even though our government is directly responsible for the suffering of both.

Love Thy Neighbor

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“Occupation” or “Colonization”?

Professor and historian Ilan Pappe is well-respected and condemned at the same time. He’s one of the new historians who has brought to light the ugly truth of the Zionists’ cleansing and colonization of Palestine.  His book, The Ethnic Cleansing of Palestine, is a must read for anyone who truly wants to learn about the history of Israel / Palestine.

Unfortunately, I must disagree with Professor Pappe’s current call to jettison the term “occupation” in favor of “colonization”.  Listen to his explanation here.

He’s absolutely correct …. an occupation should be considered a short-term, temporary state of affairs, and Israel’s 50-year occupation of Palestine has far-exceeded the limits of a lawful occupation.

But jettisoning the term “occupation” is not the answer. Under international law, the occupier has responsibilities and duties to those subjected to his occupation. Under international law, the victims of occupation have rights and claims against the occupier.

The State of Israel has been waging a stealth lawfare campaign for many years to convince the world that it is not occupying Palestine.

The answer is not to cave and agree with Israel that there is no occupation.

Instead, Professor Michael Lynk has the answer.  He’s the U.N. special rapporteur for the Palestinian territories.  Professor Lynk is urging the United Nations to examine Israel’s prolonged occupation to determine if it is an unlawful occupation.  This is the right strategy to pursue in my opinion.  I hope Professor Pappe and others concerned about Israel’s prolonged occupation will read Professor Lynk’s report, and join his effort.

michael_lynk

Special Rapporteur S. Michael Lynk

Professor Lynk recommends:

The Special Rapporteur recommends that the Government of Israel bring a complete end to the 50 years of occupation of the Palestinian territories in as expeditious a time period as possible, under international supervision.

The Special Rapporteur also recommends that the United Nations General Assembly:

  • Commission a United Nations study on the legality of Israel’s continued occupation of the Palestinian territory;
  • Consider the advantages of seeking an advisory opinion from the International Court of Justice on the question of the legality of the occupation;
  • Consider commissioning a legal study on the ways and means that UN Member States can and must fulfill their obligations and duties to ensure respect for international law, including the duty of non-recognition, the duty to cooperate to bring to an end a wrongful situation and the duty to investigate and prosecute grave breaches of the Geneva Conventions.
  • Consider the adoption of a Uniting for Peace resolution with respect to the Question of Palestine, in the event that there is a determination that Israel’s role as occupier is no longer lawful.

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Allowing space for conflicting narratives

My son’s high school classmate, many years ago, recently visited the West Bank. Wajahat Ali has visited the Middle East many times and is quite knowledgeable about the history and the current political strife. His feature length piece in the June 2018 issue of The Atlantic reflects his insights from the people he met on his journey.

Wajahat Ali

Wajahat Ali

A Muslim Among Israeli Settlers — What happens when a Pakistani American writer goes deep into the West Bank?  is a gift and a pure joy to read.

The reader might immediately draw assumptions and put Wajahat, an American Muslim, into a box.  The box that describes how Muslims are suppose to feel about Zionists and which side (Palestinians, of course) they naturally can be expected to gravitate towards.  Wajahat doesn’t fit into any boxes.

I know he will receive criticism — probably from many different boxes (errr……sides) — dissecting the fine points in his long article. People won’t find fault with the facts — facts are facts and I’m pretty sure that Wajahat and his editors have fact-checked his paper thoroughly. Instead, they will argue about his emphasis or lack of emphasis, about his opinion or lack of opinion (“why didn’t you say this or that?”), and about his (gasp!) objectivity!

“As a result of engaging with Zionists, I found that once you allow a space for conflicting narratives, even those that might repulse you, the characters take up room in your mind and your heart. You can no longer unsee or unfeel them. You have to negotiate their presence without compromising your core principles.”

Of course, the same can and must be said about engaging with Palestinians, with Hamas, with anyone we consider the “other”.

If everyone in the region has a shot at interpreting God’s will, then I’ll offer my own vision. I believe that Jews and Palestinians are religious cousins, more alike than different. They have lived together in the past, eaten each other’s olives, worked each other’s fields, married each other’s family members. Learning to live together again should not be impossible. But this isn’t happening, not anytime soon.

Thank you, Wajahat, for your clarity of pen and clarity of heart. We need many more writers, and leaders, who have the courage to step outside of their boxes and allow space for the conflicting narratives.

Be sure to read Wajahat’s article here and watch this short 14 minute video.

 

 

 

 

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Inching towards ethnocracy

inchworm

Inchworm

Slowly, methodically, step-by-step, just like an inchworm, the State of Israel will reach its destination in 2018, on its 70th birthday.

The State of Israel will officially discard its trappings as a western democracy, and cloak itself proudly as the newest Ethnocracy in the Middle East.

A political regime that facilitates expansion and control by a dominant ethnicity in contested lands. It is neither democratic nor authoritarian, with rights and capabilities depending primarily on ethnic origin and geographic location.

The biggest lie — repeated so often that few question it — is the statement that “Israel is the only democracy in the Middle East.” It’s a necessary lie from Israel’s perspective to gain legitimacy and support from its #1 fan club in the United States, the Congress.

In recent years, Israeli leaders have not been shy about proclaiming their true intention. The contradictions between being a Jewish state and a democratic state are now resolved —- dropping any pretense of democratic values in favor of a Jewish-only state that favors Jews, claiming all of Jerusalem as Israel’s capital, giving only the Jewish people the right of self-determination, allowing Jewish legislators to throw out Palestinian legislators from the Knesset, removing Arabic as an official language of the State along with Hebrew, and neutering the Israeli judiciary from overturning any laws passed by the Knesset regardless if they violate international human rights norms or not. (Israeli Parliament Endorses ‘nation-state bill’ for first reading – by Jonathan Cook – April 9, 2018 – AlJazeera)

Even scholars in Israel, such as Alexander Kedar, Shlomo Sand, Asaad Ghanem, Haim Yakobi, Nur Masalha and Hannah Naveh, have recognized Israel as an ethnocracy. 

What does this mean for the 20% of Israeli citizens who are not Jewish, but Palestinians?  What about the Palestinians living in the occupied West Bank and occupied Gaza Strip?

The only conclusion:

  • They will live and die as second-class citizens, non-citizens and refugees with no hope of helping Israel to become a “consensual democracy” as envisioned by Palestinian leaders in 2006 in “Future Vision.”
  • They and their children will live in an apartheid state. “If being an apartheid state means committing inhumane acts, systematic oppression and domination by one racial group over another, then Israel is guilty, a United Nations panel has determined in a new report.” Washington Post, March 16, 2017
  • The U.S. Congress must recognize that their alliance with the State of Israel contravenes our country’s democratic values, and we must distance ourselves from this undemocratic State.
  • Someone needs to make a new YouTube video repeating the following mantra over and over again so that the new reality and truth finally sink in.

Israel is an Ethnocracy and Apartheid State in the Middle East. <repeat>

Israel is an Ethnocracy and Apartheid State in the Middle East. <repeat>

Israel is an Ethnocracy and Apartheid State in the Middle East. <repeat>

 

 

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Israel and Annexation by Lawfare

by Michael Sfard — an Israeli human rights lawyer and the author of The Wall and the Gate: Israel, Palestine and the Legal Battle for Human Rights (2018).

The following excerpts are from a longer commentary published in the New York Review of Books — April 10, 2018

I always thought that if Israel were to unilaterally annex the occupied Palestinian territories, it would come under an international spotlight, with denunciations and protests around the world. I was wrong. Annexation is underway, but out of the spotlight, away from international attention. In the dismal offices of the fortified Justice Ministry in East Jerusalem, in the cramped meeting rooms of the Knesset, and in the august chambers of the Supreme Court, Israel’s finest lawyers are working around the clock to shape the biggest paradigm shift since the West Bank was conquered in 1967. The government’s lawyers are busy giving their counsel, drafting laws, and defending Israel’s efforts to expand the jurisdiction of its law and administration beyond the 1949 ceasefire lines to serve the interests of Jewish settlers at the expense of the occupied Palestinians, whose civil rights are suspended. Knesset committees are drawing up legislation to expand and entrench the dual legal system that already exists in the West Bank: one code for settlers, another for Palestinians. These new laws are to be applied in a setting in which the colonized are dominated by the colonizers, with a clear intention of maintaining that domination. Even the Israeli judiciary is joined to the task, allowing the exploitation of Palestinian property for the benefit of Israeli settlers.

This epic transformation is taking place after close to fifty years of occupation. During that time, Israel made profound changes to both the landscape and the demography of the territory it conquered. Palestinians were subjected to a military government that denied them participation in the political process that shaped the rules applied to them and determined their future. Israel used the authoritarian powers that international law gives an occupying force to exploit the territory in a way never envisaged by the framers of those laws. It unilaterally annexed East Jerusalem, a move that was widely condemned abroad. The international community does not recognize the unified city as Israel’s capital; even Trump’s declaration on moving the US embassy to Jerusalem stops short of acknowledging the annexation of the city’s eastern parts.

…. 

The policies that evolved over decades—a creeping process of de facto annexation—stopped short of a wholesale application of Israel’s sovereignty over the Occupied Territories; the legal and political distinctions between the West Bank and Israel were preserved.

Now, this crucial legal-political status is being dismantled. The government is peeling away the last remnants of loyalty to the notion of the occupation as temporary and to any obligation to negotiate with the Palestinians. The goal is clear: a single state containing two peoples, only one of which has citizenship and civil rights.

….

Justices in the Supreme Court, housed in a hilltop building that faces the Knesset, have set precedents of their own: last November, three judges ruled that the settlers constitute a “local population” in the West Bank, and that therefore, under certain conditions, private Palestinian land can be “temporarily” allocated to serve their needs. Their judgment overturned a principle, upheld for over forty years, that barred the use of private Palestinian land for settlement expansion. Within days of the ruling, the attorney general authorized the army to consider the expropriation of private land owned by Palestinian farmers to pave a settlement road.

Israel’s charade of adhering to the principles of international law is over. Every branch of government is contributing to this overhaul, with jurists taking the lead. In another set of buildings, some even shabbier than the dingy Ministry of Justice, a different group of lawyers, myself among them, wield the legal tools at our disposal with an opposite aim. We enlist the law to fight oppression and dispossession: in one case, we have challenged the confiscation law (also known as the Settlements Regularization law); in another, we have petitioned for a further hearing on the November ruling that allows (temporary) use of Palestinian lands for settlements. We have launched countless petitions, on behalf of our Palestinian clients, demanding that the settlers be evacuated from private land and the structures they have built be demolished. Our legal struggles, which often seem Sisyphean, take years first to liberate, then to restore access to, the occupied lands on which more than a hundred settlers outposts, such as Migron and Amona, have sprung up since the 1990s. We have invoked legal principles to win the lifting of restrictions placed on the movement of Palestinians, fighting to overturn orders that the army frequently issues to deny Palestinians access to their farm lands as an easy way to avoid friction with violent settlers. And we have demanded countless times that the court end its disgraceful failure to enforce the law against settlers: astonishingly, construction companies, settlers associations, and even heads of settler municipal councils, which are all involved in illegal construction on private Palestinian lands, have never been charged for their role in this huge collective crime. We are filing petitions to secure a remedy that sounds simple but is extremely difficult to get: to force the police to investigate these violations and the prosecutors to prosecute them.

Our petitions against the confiscation law, filed on behalf of some forty Palestinian local councils, sixteen Israeli human rights NGOs, and several individual land owners, will be heard in June before an unusual tribunal of nine justices (the Supreme Court usually sits in panels of three). It will be a significant test for the highest Israeli court, which over the years has approved many practices that strengthened Israel’s military and civilian presence in the Occupied Territories.

….

Much could be said about the integrity of a jurisprudence that sustains such internal contradictions.

….

The activist bench of the 1980s, 1990s, and 2000s, which saw a steady majority of justices who professed allegiance to liberal legal philosophy, became the number one target of the Israeli right. The generational turnover on the court’s bench gave successive Netanyahu-led governments the opportunity to liquidate its liberal wing. The new appointments of conservative, illiberal, and nationalistic judges, two of them settlers, changed the balance in favor of justices who emphasize nationalism rather than universal values.

….

The battle for the future of Israel’s dominion over millions of Palestinians and the colonization of their land is at a critical juncture. Will the current reality of repression and discrimination through “temporary” control of one nation over another be reinforced and institutionalized by official annexation into one permanent state?

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