Sunday, July 21, 2024

An unending genocide in Gaza: Interview with Toufic Haddad

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destruction in Gaza

First published at Spectre.

For the past nine months, Israel has carried out a brutal assault on Gaza, destroying much of the enclave and killing tens of thousands (if not well over a hundred thousand) Palestinians. Israel has said that it will not end the war until it destroys Hamas—despite the fact that Hamas has agreed to ceasefire conditions more than once, and despite the fact that this is an all-but-impossible goal that promises to extend the war for the foreseeable future. To better understand the dynamics at hand, Spectre’s Shireen Akram-Boshar interviews Toufic Haddad, who speaks about the history and political economy behind the genocide—from Hamas’ October 7 attack to Israel’s strategic objectives in its repeated wars on Gaza, to the failures of the Oslo framework.

Toufic Haddad is a Palestinian American academic and activist. He is the author of Palestine Ltd: Neoliberalism and Nationalism in the Occupied Territory (I. B. Tauris, 2016).

Previous Israeli assaults on Gaza lasted a matter of weeks—the longest, the 2014 assault, Operation Protective Edge, lasted fifty-one days. What are the present conditions that have allowed Israel to carry out such a massive assault over such a long period of time, and with such brutality that it has made much of Gaza unlivable? Why has massive global protest been unable to bring Israel’s assault to an end, whereas in previous cases, Israel was forced to a ceasefire after much shorter periods?

Although Israel has always justified its military assaults as necessary for some pressing security need, it has actually always pursued less visible objectives in these campaigns than those it publicly declares.

In contrast to their public justifications, the campaigns launched against Gaza since 2007 were aimed at entrenching the political and institutional division between Palestinians in the Gaza Strip and in the West Bank. Israel saw this division as a strategic benefit for resolving the Palestine question in their favor: by ensuring divisions in the leadership of the Palestinian movement, Israel ensured that Palestinians lacked a unified strategy for liberation, and that the resources the national movement would be squandered. Israel could also avert blame for eschewing a political process while continuing its settlement expansion across the West Bank, which has been its utmost geopolitical priority in recent years.

Prior to 2006, there was only one entity formally recognized by most of the international community as the legitimate Palestinian representative body — the Palestinian Authority, which was controlled by the PLO, and basically Fatah. Then came the elections that Hamas decisively won and the mini-civil war of mid-2007, where Hamas was prevented from taking over the institutions of this authority. This led to the ensuing West Bank–Gaza Strip division that has characterized Palestinian politics ever since.

Israel’s assaults on Gaza since the division were aimed at punishing Hamas for the political temerity of attempting to use democratic means to chart a course that did not conform to the Oslo framework. These assaults also aimed to destabilize delicate negotiations between Fatah and Hamas around national reconciliation.

By containing and punishing Hamas’ governance in Gaza while simultaneously attempting to induce forms of cooptation, passivity, and quiescence in the West Bank, Israel and Western donor states essentially oversaw a divide-and-rule strategy using carrots and sticks.

Israel termed the Gaza wing of this two-pronged strategy “mowing the lawn,” which was designed to “cut back” the growing internal pressures and resistance forces that inevitably germinated there. These assaults were also designed to induce demoralizing and ostensibly unsustainable losses for a movement with so few achievements from its supposed resistance. The high material losses in infrastructure and buildings were intended to promote rivalry over control of resources and priorities between Hamas and Fatah when the time for reconstruction came. We saw this trend consistently during the previous seventeen years of siege.

Israel’s 2008–2009 assault Operation Cast Lead, which killed fourteen hundred Palestinians, was launched as a surprise attack on a graduation ceremony for Hamas’ civilian police force, massacring over two hundred people in its first ten minutes. This strike established Hamas’ civil governance as a permanent potential target for Israel. The strike also occurred after the first serious talks were planned between Hamas and Fatah since the 2007 division.

The 2012 Israeli assault, Operation Pillar of Defense, was again launched by surprise and began with the assassination of Ahmed Al Ja’bari — a key Hamas figure accused of masterminding the abduction of Israeli soldier Gilad Shalit and the following negotiations that resulted in a historic prisoner exchange. Although this was a shorter conflagration (one week long) and killed significantly fewer people (175 Palestinians), it was designed to send a similarly demoralizing message: that resistance is futile and that the long arm of Israel will eventually catch those who threaten it. Three months before the operation was launched, Hamas and Fatah had signed an agreement in Cairo to hold elections for a new unity government, and to implement what was known as the Doha Agreement.

Following the kidnapping and killing of three settlers near Hebron, and the retaliatory murder of Mohammed Abu Khdeir in Jerusalem, Israel launched another surprise assault on Gaza, beginning Operation Protective Edge. The assault killed 2250 people over fifty-one days. Notably, the small-scale, tit-for-tat killings that precipitated the war occurred in the West Bank and Jerusalem, rather than in Gaza. Protective Edge was meant to establish that any attack by Hamas anywhere in Palestine, no matter how small, could ignite a major assault that killed thousands. Like Cast Lead and Pillar of Defense, Operation Protective Edge was launched at the moment of a prospective reconciliation between Hamas and Fatah; scarcely two months earlier Hamas and Fatah signed what was known as the Shati Agreement — yet another reconciliation agreement aiming towards a unity government followed by both presidential and parliamentary elections.

So all of these previous assaults were broadly conducted according to the same rationale. They attempted to establish a particular political calculus that prevented democratic processes that could lead to Palestinian unity. These assaults dealt large and painful blows to Hamas and Palestinian society and both prevented the movement from consolidating itself on the ground, costing it key cadre and infrastructure. These setbacks created a dynamic in which Palestinians saw themselves as losing ground so long as they defied Oslo and continued their military resistance. The assaults generated political, financial, and institutional crises that entrenched two distinct political economies in Gaza and the West Bank behind Hamas and Fatah, respectively. They furthermore were aimed at diverting the focus of both the people and Hamas to the tasks of mere survival and reconstruction.

In contrast to these previous assaults, what we’re witnessing today in Gaza is quantitatively and qualitatively different.

Despite repeated attempts to “sear the futility of resistance into Palestinian consciousness” — the terminology Israel developed to describe its “deterrence” policies — Israel categorically failed in this endeavor.

On October 7, Operation Al Aqsa Flood demonstrated that the movement was undeterred by Israel’s brute logic and that it had built a significant capacity for resistance within the constraints under which it operated. At the same time, it gave Israel the impression that it was co-opted (or, at least co-optable). Hamas showed itself capable of cooling down popular protest at the Gaza fence, particularly the incendiary kites that Gazans launched against kibbutz fields on the periphery of the Strip. Hamas also appeared to influence other factions, like the Islamic Jihad, to “cool down” their occasional rocket fire. By doing so, Hamas drew Israel into a political exchange that extracted concessions, including the issuance of twenty thousand permits for Gazan workers in Israel, as well as the monthly transfer of $30 million in funds that helped pay for basic government services. Israel believed that these concessions to Hamas consolidated a more moderate version of the organization and, by extension, the Gaza wing of its two pronged divide-and-rule strategy. Israel thought it was cultivating and taming Hamas by giving it something to lose.

This partially explains the unpreparedness of the Israeli military and political class on the eve of October 7, despite evidence from their own intelligence services suggesting that Hamas was planning something. The arrogant colonial mindset shared by the entirety of the Israeli military and political class permitted it to be duped. In truth, Hamas had predicted how Israel operated and understood that Israel conceived of their motivations — and those of the Palestinians in general — as crudely Pavlovian. Accordingly, Hamas designed an attack plan that leveraged this understanding to devastating effectiveness.

In this respect, Hamas displayed tactical shrewdness that was even successful in deceiving some Palestinian and independent observers who had come to characterize the movement as “pacified” — as “an Islamist version of Fatah” intent with merely ruling the rump territory of Gaza.

But Hamas was aware of the broader divide-and-rule logic and patiently set its sights on implementing something much more fundamental than its previous attempts at resisting Israel. The resulting October 7 operation and the huge losses Israel sustained were unprecedented in scope and scale. They totally exposed and collapsed multiple Israeli political and military premises in one fell swoop.

Israel’s military and political elite launched the subsequent assault on Gaza to redeem itself from this humiliation and exorcise their tactical and strategic failures of that day. In addition to exacting a punishing revenge from Hamas and Palestinians, Israel was determined to use its enormous military might and Western backing to achieve broader objectives than those seen as possible in previous rounds of combat. Rather than entrench divide and rule, Israel now seeks to put genocide and ethnic cleansing back on the table in a way it has not been since the 1967 expulsion of half a million Palestinians from Palestine. These motivations are behind the Israeli military and political class’s statements about a “Gaza Nakba” immediately after October 7, and the attempts to normalize discussion of plans to push the Palestinians in Gaza into northern Sinai (or at the very least, out of the northern Gaza Strip). We also see Israeli elites continue to openly encourage third parties to accept Gazans “after the war.”

All this makes the current round qualitatively different from previous ones. Israel is not trying to divide and rule any longer; it is trying to decimate one of the divisions (Gaza) entirely and establish a pattern of ethnic cleansing that can subsequently be used in theaters like the West Bank and Jerusalem. This potentiality remains as long as the campaign exists, even if developments on the ground (largely, US and Egyptian pressure) appear to have prevented this possibility from arising so far. Transfer, in whole or in part, together with a substantive genocide, remain Israel’s objectives in Gaza.

Of course, Israel is also encountering stiff and entrenched resistance in Gaza, though it has achieved a great deal already in terms of making Gaza unlivable. This has significantly raised the stakes of the equation for both sides.

At the same time, Israel has also declared specific objectives in its “war” — destroying Hamas and returning the captives held in Gaza. It needs to deliver on these targets if it is to continue asking Israeli society to withstand the price it has been paying since October 7. These costs are not insignificant in terms of blood, finance, insecurity, internal displacement, international scorn, and so on. Indeed, without delivering a minimal threshold of accomplishing these goals, Israel’s tactical defeat is transparent and bears grave repercussions for Israel on different levels. Israel’s assault on Gaza has damaged its reputation as a reliable regional powerhouse, as a “safe-haven for Jews of the world,” as a state that can hold the Occupied Palestinian Territories (OPT), and as a welcomed member in the community of nations.

The singular question of the captives’ return goes to the heart of the social and political contract the state has with Israeli settler society. Failing to deliver, or else acting in a way that overly compromises captive safety, both pose risks to Israel’s ability to conscript soldiers. This ability is already precarious given the exclusion of significant sections of the Israeli citizenry (Palestinian citizens of Israel and Orthodox Jews) and the significant number of Israelis that either live overseas or attempt to escape conscription by other means. The destruction of Hamas is important for Israel because its institutional and military successes on October 7 demonstrated strategic capabilities that are larger than previously assumed, and which could have knock-on effects in the West Bank as well. So all these issues are on the line for Israel with success far from assured. Thus, continuation of the genocide becomes a way to keep momentum moving forward so none of these questions are formally posed — or forcibly answered — on terms set by the Palestinians, Hamas, or Israel’s wider adversaries.

While this broadly explains the Israeli campaign’s longevity, the stance of Western governments that support Israel in its core objectives (dismantling Hamas and returning captives), and which provide political cover for Israel’s actions, has been a key element in prolonging the present assault on Gaza. The main culprits here are the US, UK, and EU states, with the latter two largely shadowing the US position, albeit in a manner that enables sufficient plausible deniability of the Israeli campaign’s most overtly genocidal aspects. But fundamentally, the political and military umbrella that these powers provide Israel acts as the necessary means to carry out the bloodbath Israel inflicts on a daily basis.

In the end, states require specific material and political conditions to enact genocidal policies at such a scale and at such a pace, especially in the twenty-first century when things can be broadcast via social media channels. Israel had already dropped more than seventy thousand tons of explosives on Gaza — the equivalent of three nuclear bombs — by the end of April 2024, enacting levels of destruction that are larger than the worst phases of the Allied bombing of Japanese and German cities during the Second World War. So we are really talking about a level of violence that is historically unprecedented, especially considering Gaza’s tiny size (365 square kilometers) and the fact that it is basically a large ghetto filled with generations of refugees.

Such genocidal activity carried out over nine months in such an overt manner is only possible with tacit (or explicit) collaboration to facilitate it financially, institutionally, politically, and militarily. In this sense, the road to the Gaza genocide runs straight through New York, Washington, London and Berlin — and not only through its government and industries, but also through its media, universities, and charities.

These powers see a lot at stake for their own interests, as Israel is their only reliable long-term ally in a troubled region, and they have expended billions of dollars ensuring its power and resilience as a supposedly “Jewish state” in the heart of the Arab world — that is, as a Western base in the region, and a solution to the Jewish question after the slaughter of European Jewry in the Second World War.

While Israel’s identity, social contract, and regional role are at stake in its Gaza campaign, it has structured much of its industry, economy and geopolitical role to servicing European and US interests. Thus, the continued support of Israel’s EU and US allies in prolonging the assault on Gaza is not merely a function of their historical attachment to the Zionist project. The significant gas reserves of the eastern Mediterranean basin, and the importance of these reserves to the EU after the Russian invasion of Ukraine, also elevate Israel’s regional and global importance. The issue of natural gas was a significant factor in the US and EU’s decision to permit Israel to implement its cynical interpretation and application of Oslo from the late 1990s and onwards without repercussions. It was not for nothing that the German government moved to supply Israel with nuclear-class submarines in 2006 after the extent of the natural gas discoveries in these waters became known.

In this sense, Western state support for Israel’s genocidal policies directly link to the country’s ability to represent itself as fighting for “Western civilization” and its economic interests, to say nothing of disciplining competing regional hegemons like Turkey and Iran.

On top of this imperial dimension, let’s not forget the perverse interests at play as well — though of course the entire campaign is perverse and abhorrent.

The Israeli political and military class wants to avert personal blame and possible jail time, and to emerge as romantic saviors from its October 7 balagan (Hebrew for “chaotic mess”). The military industrial complexes in the US and Europe are also making billions from the flow of arms and gain the opportunity to advertise these products as battle-tested in the Gaza theatre. All these factors are also taking place in the background.

Finally, it would be inaccurate to fail to acknowledge that a considerable reason for the longevity of the campaign is the tenacity of the Palestinian resistance — be this Hamas and other factions, or the resilient Palestinian society protecting this resistance. Neither have collapsed despite overwhelming odds and pressure. Let’s not forget that both are up against not only Israel, but also the US and UK militaries that directly oversee operations and intelligence-gathering missions, while also providing weapons and political cover to the Israeli campaign. Palestinians face these powers with extremely limited means. Not acknowledging their resilience and sacrifice would be a disservice to the incredible courage and determination we are witnessing from Gaza. Had either of these collapsed, the situation on the ground would look gravely different.

Of course, this is not to downplay the unfathomable and horrific suffering and injustice we are witnessing today. Nor does it exclude the need for discussions regarding the leadership, tactics, strategy, and operation of these Palestinian factions and their allies. But these discussions cannot and will not be taken up now in the midst of a genocide. Because Israel’s objectives are so historically fundamental and potentially existential for the Palestinian people, it is obvious to Palestinians that there is no alternative to steadfast resistance. With this said, one should also acknowledge that it somehow feels distasteful to even acknowledge this resilience, when it is obvious we are talking about the primitive survival of a largely defenseless population that has been forced to endure a brazen annihilationist campaign while much of the global order seems powerless to stop it.

Can you speak more to this last dimension — how you read the responses of Gaza’s social and political actors to both Israel’s genocidal policies and the resistance of Hamas and other factions?

There is certainly a lot of curiosity about these dimensions, and it is difficult to get feel for things without being on the ground. I do my best to follow the raw feed from various Telegram channels, which eliminates some of the middlemen. That being said, we must acknowledge the limitations to what can be known from a distance. Additionally, we must always appreciate the diversity of Palestinian society. There is not one perspective but a range that changes across time, context, and geography, to say nothing of class, gender, age, and so on.

With all this said, it’s not like folks in Gaza woke up one day and decided that it might be a good day to attack Israel on October 7.

The enormous history, resources, and conviction that go into making a decision like that and pulling it off in the end; smashing the Gazan military command that enforced the siege; taking significant numbers of Israeli personnel captive to exchange them for Palestinian prisoners — the main aims declared by Hamas on the day; the response of Gaza’s political and civil society which has held firm for the past months and actively declared its motivation to join with Hamas and resist the Israeli campaign: all of this speaks to broad and complex historical dynamics related to the struggle with Israel, as well as to internal matters within the Palestinian movement that tend to get lost in the imagery of incredible suffering and destruction.

In this sense, the answers to your question do not arise in a vacuum but are part of various historical continuums that are themselves informed and layered, with key junctures and dialectical processes — relational, ideological, and political. If we seriously want to know the factors that go into answering these questions, we need to appreciate the dialectical processes themselves and not only the dynamics unleashed by the events of October 7.

In this light, let’s pause to say it clearly: rarely in human history do you have such a textbook case of genocide. That’s what the genocide scholars are saying at least. Of course, Palestinians are not waiting for the jury to emerge to see whether this understanding can penetrate public discourse in the West. But Palestinians already have deep experience with Zionist ethnic cleansing — every Palestinian generation has had their lived reality shaped by these experiences. So Palestinians see what’s happening today as part of that continuum and act accordingly.

The question for Palestinians has always been how to resist this — to end al-Nakba almustamirra (the continuous Nakba); to end the system of oppression that Palestinians face under occupation; to ensure the return of the refugees; to somehow put the brakes on the machinations of the Israeli state and its colonial practices that ceaselessly appropriate land and displace them. These core objectives form the basis for all Palestinian approaches to politics since 1948 and are wrapped up in the question of national self-determination and statehood.

On top of this, the situation in Gaza before October 7 was absolutely unlivable. Gaza has been a poisoned open-air prison for decades, with no future for millions of people. It was run in a sadistic, Orwellian manner by the Israeli army and the international donor community—a perverse regime that emerged out of the Oslo Accords and its dystopian doublespeak. Israel used the world’s most sophisticated military technologies to control and manipulate a population of refugees who were desperate to escape this prison and go back to their ancestral lands and homes—homes which were all nearby and largely empty. The direct and structural violence of these policies led Gaza and the broader Palestinian cause into an advanced state of sociocide and politicide.

Western liberal states camouflaged Israel’s acts and ignored their own responsibility for this situation. They engaged in “humanitarian” activity by paying for the elementary social programs that enabled Palestinians to barely survive within their ghettos, all while financing Israel and supplying their army. The whole system was so perverse, skewed, and normalized that Palestinian suffering generally, and Gazan suffering in particular, was seen as a necessary cost of the new global and regional order — effectively rendering that suffering invisible.

In this broader context, we should be clear that while Hamas was the main political and social body representing and organizing Palestinians within the Gaza prison, it was not the prison guard who actually ran it.

In that regard, Hamas is the latest political actor that entered into this broader context and attempted to answer the main questions of the national movement. More specifically, it did so during the decline of Fatah and the PLO factions in their failed Oslo gambit. While Israeli and Western actions bear most of the responsibility, there was also a strong sense among Palestinians that chaotic politicking, financial corruption, democratic shortfalls, and ideological bankruptcy also played a role in Fatah’s failure, or at least in the failure to build an effective alternative when the true nature of the post-Oslo order became apparent.

For Hamas, the process of entering this terrain and having to take up this mantle has been a huge, complex, and delicate undertaking that the movement overall was, frankly, not prepared for on many levels. The organization was also undertaking this role from an outsider’s positioning, insofar as Hamas was seen as a latecomer to Palestinian politics and was outside the fold of the “legitimate” secular national actors who launched the post-Nakba national movement.

There is no need to trace all the stages of how Hamas got to where it did. The fact of the matter is that by 2006 it already overwhelmingly won democratic popular elections and was deliberately prevented from taking power by Israel, the West, and a section of the historical Fatah movement that controlled the PA.

This moment was an important historical turning point in Palestinian politics because it unmasked the game being played under Oslo.

Before 2006 — even with skepticism around Oslo — one could still argue that the Western donor community supported institutions of self-representation for Palestinians. But when these actors refused to engage with the winners after the election and, moreover, deliberately sought to undermine them, it became clear that the Oslo process and the PA only had one function: to be the administration of a delimited autonomy scenario, with Israel and the donors deciding who was a legitimate actor, all while Israeli settler colonialism was given a free pass.

This blunt clarification initiated the contemporary historical era. Hamas became the default representative and defender of the legitimate democratic consensus in Palestinian politics. But it had to undertake this responsibility in a completely unforgiving environment that pitched it against Israel, the donor states, and a wing of Fatah under Abu Mazen that had consolidated its interests around the PA and its bureaucracy. There were also plenty of Hamas skeptics amongst the liberal and left intelligentsia, to say nothing of harder core Islamists.

In this regard, Hamas’ victory was as much an affirmation of the movement’s claim to stand firm around core tenets of Palestinian nationalism, as it was a testament to the collapse of Palestinians’ confidence in the former bearers of this consensus — namely, the PLO factions, and Fatah in particular.

The default nature of Hamas’ role is important to bear in mind when we witness contemporary developments. It reminds us that Hamas was historically tasked with rebuilding the Palestinian national movement after Palestinian society gave it a democratic mandate to help rescue it from the disaster of the Oslo process.

But this mandate lacked cohesion around a range of core political, tactical, and strategic questions. So Hamas was tasked with actualizing this mandate into more concrete policies without many of the basic tools of governance because of the boycott enacted against them and the broader lack of freedom to organize across the OPT. This was hardly a fair or free context, to say nothing of the fact that Israel arrested most of its parliamentarians within weeks of its electoral victory. Western donor states and Fatah in Ramallah also zealously denied funds to Hamas, both because they were politically opposed to them, and because they were petrified that Israeli-Zionist lawfare efforts would pursue them for “material support for terrorism.”

With all this said, it’s important to acknowledge after witnessing what we do today — both in Gaza and in the West Bank — that eighteen years after its electoral victory, Hamas has been successful in reconstituting this center. This success is not merely a result of Palestinians rallying in response to the horrific situation in Gaza. If anything, October 7 is the dramatic pinnacle of Hamas claiming its leadership mantle over the entire movement, although we must admit that it has used a risky strategy to do so that relied upon the sonic boom of its October 7 operation.

While many actors failed to see this coming, this process did not occur overnight and left many indications to those willing to read the tea leaves without bias. Indeed, there has long been an echo chamber in certain circles of Palestinian discourse, particularly the English-language discourse, which ignored or downplayed Hamas’ achievements and the overall dynamics in Gaza — either because these actors resented Hamas’ rise, were detached from the factors behind it, or were content with promoting a superficial, self-reinforcing discourse on Palestinian affairs.

Well before October 7, Hamas was consistently winning the main elections that took place in Palestinian society, whether the student elections in Palestinian universities, or the elections for certain large syndicates like those of the engineers and doctors and so on. These results indicate that, rather than being a one-off winner, the movement was able to accumulate and expand trust beyond its base and amongst a periphery of folks who are willing to travel with the movement without being directly affiliated with it.

There are many reasons for Hamas’ ability to consistently win and expand public trust over the years. This process was not linear, and the movement is still regarded in certain circles with skepticism. While the movement has clearly made both mistakes and enemies, it is equally worth recalling that these blunders were also judged in relation to the actions, inactions, and mistakes of other actors in the Palestinian context. They also are judged across a broader historical arc whereby the ‘Palestine question’ has undergone significant political and financial retreats internationally and regionally in the past three decades. Collectively these factors have improved Hamas buoyancy over this period.

While it’s neither the time nor place to fully elaborate on the complex reasons for Hamas’ rise, a few key aspects illustrate how the movement gauged and implemented its historical mission as both a national and a governance actor under the specific conditions it operated. These elements will be important as things play out on the ground locally and with regard to Israel.

To begin with, it is worth noting that the organization did not attempt to implement shari’a law when it came to power and which many outsiders may have assumed was its priority. One of the organization’s first domestic targets was actually local Salafists, who tested its rule and were viciously struck down. This move was an early signal that the movement aimed to chart a pragmatist course rather than a utopian one and wanted to court and reconstitute the political center.

On a national political basis, Hamas did not elaborate any novel positions. If anything, the movement moderated its political approach, changing its founding charter in 2017 to more closely align with the positions of other PLO factions that enabled a more staged approach to liberation. No serious political party could survive or maintain their legitimacy if it did not hold certain core Palestinian national principles: the right of return, the right to self-determination, the right to statehood, the end of the occupation, Jerusalem’s status as the capital of the Palestinian state, and so on. The difference between factions is less about these goals and more about the tactical and strategic means to achieve them and the people’s trust in those strategies. Hamas distinguished itself from the other factions at this level, that is, at the level of means and strategy.

Under Oslo, Fatah-PA governance, and the donor-Israel arrangement overall, Palestinians were constantly bullied into demonstrating that they were “pro-peace,” “anti-terror,” and weren’t “inciting” against Israel irrespective of what it did to them — as though the articulation of basic national rights and resistance to occupation and settler colonialism were crimes or constituted incitement.

Fatah participated in this game to demonstrate its credentials to the international community, and to the US and Western Europe in particular. Fatah attempted to represent itself as a reliable player regionally and as a security partner that would not threaten Israel in its pre-1967 borders. Palestinians resented this cynical approach, even if they understood it was partly tactical on Fatah’s behalf. The prioritization of Israeli and Western security concerns, and the acceptance of the entire dystopian discourse of the peace process, was read by Palestinian society as an abuse of both language and rights that imposed obligations on the oppressed to recognize and protect their oppressor. It also was read as insulting the formidable historical sacrifices of the national movement. So Hamas won points for being clear and unequivocal on these questions.

But this political approach would have not been enough to cement Hamas’ leadership were it not linked with a sensitivity to political economic considerations — that is, to the livelihoods of those under siege and occupation.

Under the arrangement established by Oslo, the most elementary aspects of Palestinian governance and wellbeing were captive to Israeli and Western approval and finance. It’s not that Fatah had fallen in love with Israel — to the contrary, deep animosity and distrust characterizes relations between Israel and the PLO/Fatah. Too many outsiders who support the Palestinian cause often misunderstand this issue. With that said, Fatah’s Oslo gambit relied on donor funds for its government services and employees, so all of these programs needed Israeli or Western approval.

This reality created conditions where entities and persons who downplayed national politics were more likely to economically prosper. At the end of the day, Israel made all Palestinians subject to invasive security/intelligence checks, especially when it came to matters related to movement and access. This basically meant Israel and donors could “make you” or “break you.” Over time, this dynamic was thought to have corrupted large parts of the Palestinian movement and turned it into beggars or hucksters, while creating a whole tier of political profiteering from the cause by those who played the Oslo game — be they within government, political parties, the private sector, or NGOs.

With this said, Israel could also be pernicious in its use of collective punishment against entire families, villages, or communities. So even if you were apolitical in such a community or family and kept your head down, so to speak, this still did not insulate you from conditions that could ruin your life, simply through association. This also promoted a “nod” towards Hamas.

Financially, Hamas was also not beholden to Oslo’s discursive peace process simulacra. It relied on separate financial revenue streams (both external and internal) while also advocating a general ethos of Palestinian agency and self-reliance, irrespective of what Israel or donors did—breaking the dependent, shoulder-shrugging mentality that the political economy of Oslo promoted amongst wide sections of Palestinian society. This enabled the organization to pitch itself as a moral and institutional movement “aligner” while acting as a consensus builder among the disaffected. On this path, Hamas took important positions to help build trust on different levels of society, as well as within the existing political society.

In Gaza in particular, where the movement was relatively free to operate within the prison walls — ironically freer than Fatah in the West Bank, which suffered from the territory’s fragmentation — Hamas was credited with bringing a sense of security and order after the chaos that emerged with the decline and splintering of Fatah after the death of Arafat in 2004.

Situations of siege and crisis like those in Gaza have the potential to bring out the ugly side of a society, as they incentivize predation, opportunism, exploitation, and gangsterism. In such contexts there is no recourse except for coercive force. Such force needs to be seen as legitimate in order to exercise governance over time. In this regard, Hamas’ military and civilian police capacity introduced forms of rational administration and regulation, in addition to conflict management and resolution frameworks that mixed shari’a and tribal law precepts in dispute resolution. While this kind of rule can also be critiqued for reinforcing traditional social and gender hierarchies, it was welcomed by much of Gazan society as a bulwark against gangsterism.

Hamas also had deep experience in the charity sector, including running soup kitchens, day care centers, and social mentoring. It also innovated new programs that attempted to resolve siege-specific malaises. Hamas proved itself capable of stabilizing the markets when it established its “ministry of tunnels” to oversee tunnel trade across the Egypt-Rafah border. These tunnels also acted as lifelines for Gaza when the siege was ratcheted up in 2008. The disastrous economic conditions in Gaza under siege made simple life-transitions, like marriage, exceptionally difficult for many youths, particularly junior males in large families. There were also many families who had either lost fathers and husbands, or else suffered physical disability due to the Occupation. Hamas worked to solve these social questions in different ways. For example, it organized and subsidized group marriages. It also developed pension programs for the injured and the families of martyrs and became a major employer in the Strip, in both its civil administration and its military wing. The over five hundred kilometers of tunnels beneath Gaza were built by an enormous labor force of young men, of whom there was no shortage. Playing these important economic roles allowed Hamas to build trust locally in Gaza while also fostering patronage.

On the level of national politics, Hamas also attempted to forge forms of national consensus that effectively collected and aggregated anti-Oslo sentiments, both individually and institutionally.

For instance, the organization’s engagement in national reconciliation efforts with Fatah was broadly appreciated, particularly when it resulted in important cross-factional consensus-building documents like the Prisoners’ Document of 2006. The latter included influential Fatah figures like Marwan Barghouti and essentially meant that Hamas was able to forge a national basis of organizing with all factions, while strategically isolating the Abu Mazen wing of Fatah as the only significant element of organized Palestinian political society that still upheld the Oslo framework.

Hamas also allowed for and encouraged its members to participate in the Great March of Return and the Breaking the Siege movement in Gaza, in which, over the course of a year and a half, tens of thousands of Gazans marched to the fence and demanded an end to the siege and for the right of return. Israel’s brutal repression of this fundamentally nonviolent movement through incessant sniper fire, together with the indifference of the international donor community, played important roles in preparing Gazan society for a broader military confrontation with Israel. Social and political actors concluded that civil disobedience and nonviolent resistance was categorically ineffective in achieving Palestinian rights. The takeaway from these demonstrations was that these actions did not generate significant political traction, and that there was no reliable regional or international force with either the will or the capacity to stop the mass maiming of Gazan society.

This began tipping sympathy and conviction towards militarism, bearing in mind that all Palestinian factions (including Fatah) formally reserved armed struggle as a legitimate option in national struggle activity. As the conviction for armed struggle strengthened, Hamas took the important but little-known step of helping arm and train all the political factions in Gaza. It also created joint command centers where collective military activity could be coordinated. Such cooperation would be unheard of from Fatah today, though the PLO trained various revolutionary movements from South Africa to Ireland during the 1960s and 1970s in Lebanon and Jordan.

Hamas also made open alliances with actors like Iran and Hezbollah, who were willing to support the movement on its terms through the provision of arms and training. While such alliances are not beyond criticism, they were nonetheless widely supported by local political factions who saw no credible alternative strategy. Moreover, they also witnessed the role guerrilla struggle in Gaza played in pushing out the Israeli military and settlers during the Second Intifada in 2005 and in South Lebanon in 2000. The memory of these campaigns certainly reinforced the tendency towards militarism that Hamas embraced on both a national and a factional level.

In this respect, Hamas’ limited reign in Gaza provided the basic primitive conditions where this aspiration could be explored and attempted on a scale it had not since 1948. Militarism also served hierarchical internal power dynamics both between the factions and between society and the factions, while obfuscating or retarding more distinctly political alliance building on the local, regional, and global levels.

Lastly, one of the most important and effective issues Hamas used to expand its base through was the question of political prisoners. It’s difficult for outsiders to appreciate the importance of this issue to the local scene, but Palestinian society is the most imprisoned population per capita in the world. One out of every three Palestinian men has experienced detention or imprisonment, while the Palestinian Prisoner Society estimates that 80 percent of these experiences involve forms of torture, abuse, or sexual abuse. This far-reaching phenomenon — largely invisible to those who have not suffered it — encompasses almost every Palestinian household, and viscerally conjures the pain and traumas of what it means for wives, children, families, and communities overall.

Moreover, the question of imprisonment separates the authentic Palestinian political leadership from those who formally occupy the seats of power sanctioned by Israel and Western donors together with other elites. A large part of the Palestinian leadership is currently in Israeli prison. Their absence has a tangible impact on the effectiveness of the movement overall — not only in its struggle with the Occupation, but also regarding local matters. Thus, recovering prisoners is regarded by Palestinian society as a highly important cross-factional objective. Moreover, history has shown that Israel is vulnerable to releases in the form of prisoner exchanges.

For these reasons, Hamas exerted great efforts to place the recovery of prisoners at the center of its resistance activity and set it as one of the central goals of Operation Al Aqsa Flood. In fact, in several speeches made before October 7, Hamas’ leader Yahya Sinwar warned Israel that the organization would find new means to release its brethren if Israel continued to refuse to engage in a prisoner exchange for Israeli soldiers Hamas claimed to have held since the 2014 assault. These warnings, like others, were not heeded. In any event, Hamas knew the cross-factional and cross-societal nature of the prisoner issue also created a strong unifying political basis for its military maneuver irrespective of how Israel would respond.

Having said all of this, the calculus of interpreting ongoing developments becomes more complicated than a cost-benefit calculation of the number of Palestinians killed and buildings destroyed. The dynamics unleashed on both the Israeli and Palestinian sides by the events of October 7 certainly represent a high-stakes gambit that could fundamentally break core features of the previous dynamic. While the outcome of this struggle is still undetermined and could be catastrophic or propitious for either side’s long term aims, the dynamics at play have already greatly expanded knowledge of the situation in Palestine while challenging the terms of debate regarding its management by the West. It has also unmasked significant parts of the hard and soft power networks implicated in Palestine’s oppression.

While these have certainly come at an enormous toll, it still beggars the need for these sacrifices to be invested to their fullest: the isolation and powerlessness of the Palestinian question and the Gazan predicament of recent years, which lent itself toward the calculus of what happened on October 7, must now be vested with efforts to reify institutions, frameworks and struggle dynamics that can finally expose, restrain and hold accountable the racist and violent system that made this possible both in Israel and within the Western donor states.

In this regard, while it is always necessary to remain critical and independent in thought, this cannot hold back action upon the unfolding historical conjuncture and its window for building a massive new political movement for Palestinian justice. Indeed, such a movement is the only realistic path toward achieving Palestinian rights and preventing a still bloodier future in Palestine. The latter will also have important knock-on implications for building the new social and political movements in Western metropoles needed to fight the rise of the populist, fascistic right in the wake of the collapse of neoliberalism and resultant Western decline. These forces cannot be ignored, as they are positioned to do enormous harm to the historical achievements of working-class struggles, let alone to the Palestinian people and others like them. There is an organic connection between these struggles and the Palestinian cause today that also goes to the heart of the fight for a more just and sustainable world in this moment characterized by morbid symptoms, as Gramsci put it in another context.

Shireen Akram-Boshar is a writer, translator, and editor interested in internationalism and revolutionary movements around the world. Shireen is on the editorial board of Spectre and a member of the Tempest collective. Among other topics, she has written on revolutions in the Middle East.

“Blank Check” for Genocide: Court Dismisses Palestinians’ Case Against Biden Admin over Gaza War
July 17, 2024
Source: Democracy Now!





A lawsuit led by Palestinians and Palestinian Americans that accused President Joe Biden and other top U.S. officials of enabling genocide in Gaza was rejected Monday by a federal appeals court, which upheld a lower court’s dismissal of the lawsuit. The three-judge panel of the Ninth Circuit Court ruled that courts cannot review the executive branch’s decisions on foreign policy, even when there is a risk of breaking domestic and international law. We speak with Katherine Gallagher, senior staff attorney at the Center for Constitutional Rights, which helped represent the plaintiffs in the case. She says the court has “essentially given a blank check” for U.S. governments to do whatever they want in times of war.



Transcript

This is a rush transcript. Copy may not be in its final form.

AMY GOODMAN: This is Democracy Now!, democracynow.org. We’re “Breaking with Convention: War, Peace and the Presidency.” I’m Amy Goodman.

We turn now to Gaza. A three-judge panel of the U.S. Ninth Circuit Court of Appeals has rejected a lawsuit accusing President Biden of being complicit in genocide in Gaza. The judges agreed with a lower court that the courts cannot review foreign policy decisions made by the executive branch.

The Center for Constitutional Rights has sued President Biden, accusing him of failing to prevent genocide. The legal group sought an emergency order to block Biden, as well as Secretary of State Antony Blinken and Defense Secretary Lloyd Austin, from providing further military funding, arms and diplomatic support to Israel, the lawsuit filed on behalf of a group of Palestinian plaintiffs.

We go now to Katherine Gallagher, senior staff attorney at the Center for Constitutional Rights.

Can you talk about the significance of the court dismissing your case, Kate?

KATHERINE GALLAGHER: Good morning, Amy, and thank you very much for having us on this very busy morning and for bringing attention back to Gaza, where there is an ongoing genocide against the Palestinian people. And so, it is against that backdrop that we are really deeply not only disappointed, but troubled by the unanimous decision of the Court of Appeals from the Ninth Circuit to dismiss our case.

Just to step back and explain what this case is, back in November, Defense for Children International-Palestine, Al-Haq, three Palestinians in Gaza living under the genocidal assault and five Palestinian Americans brought forward this case, framing U.S. conduct as complicity or aiding and abetting genocide and failing to prevent what was already in November a serious risk of genocide. So, they filed the case in federal court invoking clearly established law — the duty to prevent genocide and the prohibition against aiding and abetting genocide, which is codified in U.S. criminal law. It is in the Genocide Convention. And it has been recognized, including by the Biden administration, as binding customary international law. So, the plaintiffs turned to the courts and asked the courts to, please, put an injunction to stop the flow of two-ton bombs falling on Palestinian children, women, the entire population across the Gaza Strip, to stop the weapons being used in an aerial bombardment to maintain a total siege, denying food, fuel, energy, electricity, and decimating the health infrastructure, bombing hospitals and doctors. This is the case that was filed in November.

And it has been supported over the many months of litigation by a robust factual record, including findings by the International Court of Justice that there is plausible genocide in Gaza, supported by statements and reports from U.N. experts, affidavits by former State Department officials, expert opinions by the world’s leading genocide expert, William Schabas, and by historians of genocide and Holocaust studies here in the United States, that this is indeed a plausible unfolding genocide in Gaza.

And so, it is against that backdrop where there is a strong factual and legal case and unambiguous legal obligations on President Biden and Antony Blinken and Secretary of Defense Austin to not aid and abet genocide — it’s against that backdrop that the court yesterday abdicated its role and said that whenever foreign policy is invoked, the courts need to step back. They essentially said that foreign policy and conditions of war — they did not mention genocide, they did not say that this is an unfolding genocide in Gaza — but that conditions of war are ones where there really has to be deference to the executive branch, and that there isn’t a role for the courts to hold executive conduct against black-letter law and make declarations when executive conduct has exceeded what the president and his cabinet members are permitted to do. And so, they have said that this case needs to be dismissed, and essentially given the blank check to carry out any kind of conduct that the executive wants in times of genocide, in times of war, the blank check that the Supreme Court warned against and said did not exist back in the post-9/11 days in a series of cases.

AMY GOODMAN: I want to play for you — before we get to the end of this show, I want to play for you a clip of Scott Anderson, director of the U.N.’s refugee efforts in Gaza, talking about the aftermath of Israel’s bombing on Saturday of al-Mawasi. That was designated as a safe zone in Khan Younis. The attacks killed at least 90 Palestinians and injured hundreds more. CNN reports at least one U.S.-made munition was used in the airstrike, identifying the tail fin of a joint direct attack munition — that’s a JDAM — a Boeing-manufactured GPS-guided kit. This is Scott Anderson.


SCOTT ANDERSON: On Saturday, I visited Nasser Hospital after a strike in the safe zone of Mawasi, and the hospital itself was in Khan Younis. I’ve been in Gaza for nine months, and I’ve witnessed some of the most horrific scenes I’ve seen in the nine months that I’ve been here. The health facility was overstretched. There were more than a hundred people injured. The air was filled with the smell of blood. And one health worker was mopping up pools of blood on the floor using only water, because there aren’t sufficient supplies of disinfectant material or other cleaning supplies to stop the spread of infection. There’s not enough beds, hygiene supplies, sheeting, mattresses or scrubs. And many patients were treated on the ground or on waiting room benches without disinfectant. And this puts even treatable injuries at risk of sepsis and much more significant complications. Now, ventilator systems were not working due to electrical problems.


And as I walked through the hospital and talked to families and children, we saw toddlers who were double amputees, children paralyzed and unable to receive treatment because they don’t have the equipment at the hospital in Khan Younis, and others who were separated from their parents. And we also saw mothers and fathers searching frantically within the hospital for their children, unsure if they were alive. One mother I talked to told me that she was told to move to Rafah because it would be safe there, and then she was told to move to al-Mawasi because it would be safe there. And unfortunately for her and her family, that was not true. And I think the words of this mother are a reminder that nowhere is safe in Gaza, and no one is safe in Gaza. That family had three children impacted by the blast. One child was completely uninjured, miraculously. Another child was paralyzed, and the other son was killed.


I mentioned that there’s nowhere safe in Gaza. And I think we saw that over the weekend both with what happened in Mawasi, but also the incident at the Beach camp, where 25 other people were killed. And what’s urgently needed is a complete ceasefire, for all parties to the conflict to protect the civilians wherever they are, but especially in U.N. schools and hospitals.

AMY GOODMAN: That’s Scott Anderson, director of the U.N.’s refugee efforts in Gaza, director of UNRWA affairs in Gaza. Katherine Gallagher, you’re a senior staff attorney at the Center for Constitutional Rights. Your case was just dismissed. Talk about what your efforts are now going to be, and how what he’s describing, that happened, you know, well after you brought your lawsuit, in al-Mawasi, an Israel-designated safe zone, that killed nearly a hundred Palestinians and injured 300 more, means.

KATHERINE GALLAGHER: Amy, I wish that the clip that we just heard was an unprecedented account, but, unfortunately, it is stories like that, accounts like that, that we’ve been hearing for nine months, of Palestinians being forced from one supposed safe area to another and being bombed, whether women, children, and in this case, there have been almost 15,000 children that have been killed and 20,000 that are disappeared, that we don’t know if they are buried under rubble, if they are detained in Israeli prisons. We don’t know where they are. So, over the course of these nine months, where that account, time and time again, has been heard, what we’ve also heard is that indication that U.S. weapons are being used. And U.S. weapons continue to be sent.

So, if we have not yet succeeded through the courts — and we will consider our next options, whether in domestic courts or in foreign courts or before international bodies, where we continue to press this case — we will also be bringing the case to those who are complicit. I think it’s time for weapons companies — you mentioned Boeing in that clip — to stop sending weapons. There are legal responsibilities and, frankly, moral responsibilities.

AMY GOODMAN: We have five seconds.

KATHERINE GALLAGHER: We call on the Biden administration to heed its at least moral responsibility and stop aiding and abetting genocide.

AMY GOODMAN: Katherine Gallagher, senior staff attorney at the Center for Constitutional Rights.

And that does it for our show. Democracy Now! is currently accepting applications for a director of development to lead our fundraising team. Learn more and apply at democracynow.org.
Gideon Levy: Getting Rid of Netanyahu Is Not Enough
July 17, 2024
Source: Jacobin


Israeli protesters demonstrate outside the Israeli army's headquarters in Tel Aviv, calling for a ceasefire in the war on Gaza, October 28, 2023. (Oren Ziv)

Since the Hamas attack on October 7, 2023, Israel has been in a state of emergency. The country is governed by a war cabinet, military censors black out selected reports and expel certain foreign media, and the devastating war in Gaza rages on.

It is often said in Israel that Hamas alone is to blame for everything that has happened since October 7. But the Middle East conflict did not begin just last year. This conflict has a long and bloody history, in the course of which Palestine was occupied by Israel for decades and the Arab population between the Levantine Sea and the Jordan River was disenfranchised.

Few people know this better than the Israeli journalist Gideon Levy, who has been reporting on Israel’s policy of Palestinian displacement and exclusion for decades. In an interview with Hanno Hauenstein for Jacobin, he spoke about the history of the conflict, the possible annexation of the West Bank, and his hopes for the region.

HANNO HAUENSTEIN: This weekend dozens of Palestinians were reportedly killed in an Israeli strike in Gaza intended to kill Hamas military chief Mohammed Deif. Images of the strike show large craters and huge smoke clouds in places that Israel previously designated as “safe zones.” In the operation to free four hostages in Nuseirat a couple weeks ago, well over two hundred Gazans were killed — most of them civilians. Is the fact that there is that high of a price for the war discussed in the Israeli public?

GIDEON LEVY: No, not at all. I can guarantee you, if it wouldn’t have been two hundred killed in Nuseirat but two thousand, it would still be justified by most of Israel. To them, Israel has the right to do whatever it wants after October 7. And it’s not up to the world to put up limits for us. That’s the mindset. Obviously, there are those who see things differently, but they are a minority and quite scared to raise their voices. Most Israelis would justify any aggression against Palestinians right now, on any scale.

HANNO HAUENSTEIN: Many of the declared goals of the war — to free the hostages, to eliminate Hamas, etc. — have hardly been met nine months in. Is there no sense of doubt in the Israeli public about this ongoing carnage we’re seeing in Gaza?

GIDEON LEVY: Here Israel is divided. You cannot claim that goals were achieved when Hamas continues to launch rockets and most of the hostages weren’t released. Internationally, Israel is turning into a pariah state. But the right wing will argue it’s all because we didn’t fight strongly enough, because we didn’t kill enough. They believe the Israeli army is not decisive enough. On the other side, there are many who start to understand, after nine months’ delay, that this war can’t achieve its goals because they are unachievable by definition. These are things people like myself said from day one. But still, nobody draws any real conclusions from it, which should have been to stop the war today — not tomorrow, tonight. If after nine months it didn’t achieve anything, it won’t achieve anything after another nine months except more killing and more destruction. Why continue it?

HANNO HAUENSTEIN: Last time we spoke was right around the time of the last Israeli elections, which brought to power this current government driven by extremists. I remember you having very limited expectations in the power of the opposition. We’re now nine months into the war on Gaza. Tens of thousands of Palestinian civilians have been killed. Do you see any significant opposition inside Israel today?

GIDEON LEVY: There is a devoted opposition. They demonstrate every week and even stop the traffic here and there. But they focus only on two things. One is to get rid of Netanyahu. The other is to bring the hostages home. There’s no real opposition to the war, no opposition to Israel’s crimes, no opposition to the mass killing in Gaza. None whatsoever. Therefore, even if Netanyahu were to be replaced, none of the other candidates would change the basic issues, namely the war, the occupation, apartheid. None of them are ready for real change. When it comes to the core issues, Israel will remain the same.

HANNO HAUENSTEIN: Before October 7, there was a lot of protest against Israel’s so-called judicial reform. A small, consistent bloc within those demos, the anti-occupation bloc, actually addressed the issues you just mentioned. They tried to make the connection between Israel’s racial oppression of Palestinians and its judicial restructuring. Was this just a fringe phenomenon?

GIDEON LEVY: Absolutely. First, in those demos, the mainstream of demonstrators didn’t want them there. They didn’t allow Palestinian flags. They didn’t want anything to do with this issue because they were afraid it would irritate most Israelis. And this bloc is now shrinking even more. People who really oppose war and occupation after October 7 are a much smaller camp.

HANNO HAUENSTEIN: For years, you repeatedly addressed issues that often remain untouched inside Israel. Interestingly, though, you often defended Prime Minister Benjamin Netanyahu and called out his liberal critics. Why is that?

GIDEON LEVY: The united front against Netanyahu was only busy in getting rid of him while covering up all the other issues. As if, once we get rid of Netanyahu, Israel will turn into some kind of paradise. As if everything is his fault. But occupation and settlements . . . Israel’s Labor Party started all that, not Netanyahu. Shimon Peres, who received the Nobel Prize for Peace, is responsible for more settlements than Netanyahu. To be opposed to Netanyahu is very comfortable. You don’t need any courage for this. But if you don’t have any personal or programmatic or ideological alternative, this argument is hollow. Second, I also thought that Netanyahu personally was actually at a much higher level as a politician than all the other candidates.

HANNO HAUENSTEIN: Has this position of yours changed at all today?

GIDEON LEVY: Today I wouldn’t say one good word about Netanyahu. He must go. There can be no doubt about it.

HANNO HAUENSTEIN: These days there’s a lot of talk about the annexation of the West Bank. You have been reporting from the West Bank for decades. Experts have warned that ever since Israel’s finance minister Bezalel Smotrich took over the civil administration, it is no longer just a de facto annexation but a de jure one. Today Palestinian land is being confiscated rapidly. Israel approves more and more houses to be built in settlements. How significant of a change is this?

GIDEON LEVY: It is very important to the victims, but historically not so much. We crossed the point of no return a long time ago. We crossed the point at which there was any room for a Palestinian state, with seven hundred thousand settlers who will not be evacuated, because nobody will have the political power to do so. The West Bank is practically annexed for many, many years. And, therefore, I’m not so shocked by the possibility of de jure annexation. Many times, I even thought that this would be a good thing. Because once Israel annexes the West Bank de jure, it declares itself an apartheid state. Then nobody can deny it. As long as you don’t do that, you can claim that the occupation is temporary. Nobody can take this discourse seriously anymore. But, you know, those who want to believe in it believe in it.

HANNO HAUENSTEIN: You’re saying, if I understand you correctly, that not annexing it de jure provides a diplomatic cover of sorts?

GIDEON LEVY: Sure. Because then there is still the two-state solution and all of those other talking points that are totally irrelevant today, in my view. They come too late. But once Israel declares one-state, the masquerade is over. Then nobody in the world will be able to claim that Israel is a democracy. There is no such thing as a democracy when half of your population lives under tyranny. But a de jure [annexation] will make it undeniable and official.

HANNO HAUENSTEIN: When you say the two-state solution is dead — what would be the alternative?

GIDEON LEVY: Right now, we are in a quite hopeless moment. But if we zoom out of the current situation, we have de facto been living in one state for over fifty years now. Between the river and the sea, there is only one state. I don’t know any other. The only question that matters is its regime. You cannot be both a democratic state and a Jewish state. Israel clearly chose one aspect over the other by paying lip service to democracy while being well aware that someone who lives in Jenin or in Ramallah has no rights. So it’s simple: Israel is not a democracy.

Today we have a vision: one democratic state with equal rights, civil and national, for everyone between the river and the sea.

HANNO HAUENSTEIN: What would have to happen for this vision to become reality?

GIDEON LEVY: It must start with international pressure to put an end to apartheid. The world did not agree to have apartheid in South Africa, and so the world has to act in the same way against the second apartheid state — Israel. This structure must be broken. It is against international law and against basic values. But change must also come from within, from both peoples, Palestinians and Israelis. They need to realize, gradually, that the only way to live together is in equality. Right now it seems far-fetched. But [the choice is] either to live in an apartheid state forever or to live in a democracy. There is no third option.

HANNO HAUENSTEIN: International companies like publisher Axel Springer and Booking.com are actively profiting from rentals and sales of houses in the occupied West Bank. Do you follow discussions about international complicity in the Israeli occupation of Palestinian lands?

GIDEON LEVY : These days there is a change in discourse internationally. I have the feeling that after October 7 and after the war in Gaza started, most of the young generation all over the world is sick and tired of Israel’s actions. You see it mainly in the United States, including among many Jewish communities, and you start to see it in Europe more and more too. The world is fed up. What they are seeing in Gaza is unacceptable almost by any standard. And the propaganda tricks of Israel, namely to label criticism of Israel as antisemitism, must be addressed already. I know that Germany will be the last country to do so. But also in Germany, it’s really a question of freedom of speech.

HANNO HAUENSTEIN: Can you elaborate on what you mean exactly?

GIDEON LEVY: For Germany, Israel is above international law, above morality. I can’t accept this stupid — and I say this word intentionally — behavior. It is stupid because it will just do the opposite. It will increase antisemitism. People will say, Look how the Jews are controlling the world again. We cannot even criticize Israel in our own country. . . .

HANNO HAUENSTEIN: . . . which is an antisemitic trope, of course.

GIDEON LEVY: First, German historical responsibility does not mean to accept everything Israel does. Who says that is responsibility? Who says it is friendship at all? Who says that supporting a fascist Israel has anything to do with Wiedergutmachung [restitution for the past]? No! That’s not what it is. Second, Germany does also carry some indirect responsibility for the Palestinian people. Without the Holocaust, there would have never been the Nakba.

In recent months, Germany has been cracking down on critical voices domestically when it comes to Israel’s war against Gaza and Germany’s involvement. Do people in Israel follow what’s going on in Germany?

GIDEON LEVY: The mindset in Israel is that the whole world is antisemitic. You hear it more and more: the world is against us, no matter what we do. Which obviously has nothing to do with reality. But that’s the way it’s perceived. The New York Times is antisemitic, CNN is antisemitic, the UK is antisemitic, Germany is antisemitic. To this you have to add more and more signs of real growing antisemitism in Europe, much of it because of Israel’s policy.

HANNO HAUENSTEIN: I visited Israel and Palestine twice since October. In Israel, I saw street signs pretty much everywhere saying things like Anachnu Nenazeach — “Together we will win” — suggesting a united front supporting the war. What’s your read on this?

GIDEON LEVY: The unitedness is only under one condition: that it will be along the right-wing alliance. It means united to continue the war, to continue the mass killing in Gaza. If you dare criticize it, you break it. It’s a very fascist call. In essence, it means that you have to follow Netanyahu’s camp and behave accordingly. This is unacceptable. Israel is as divided today as it was before the war. There’s a lot of hatred also between Israelis. And it can easily turn into violence.

HANNO HAUENSTEIN: Have you become a target of hatred in recent months?

GIDEON LEVY: Only today someone put up a big sign against me. It now hangs on Ayalon, the biggest highway in Tel Aviv. I was told 32,000 shekels were paid for this, which is close to €10,000.

HANNO HAUENSTEIN: How do you cope with things like this?

GIDEON LEVY: It honestly makes me laugh. But it does gives you a glimpse of the mindset.

HANNO HAUENSTEIN: The media plays an important role in this war. In Israel, it seems extra difficult, since there’s military censorship on specific issues.

GIDEON LEVY: The censorship is very limited. I wouldn’t read too much into this. The main form of censorship that exists in Israel today is self-censorship.

HANNO HAUENSTEIN: How do you explain this?

GIDEON LEVY: Look, for nine months now, we weren’t shown images from Gaza at all. Nobody told the media not to show Gaza. But they know perfectly well that Israelis don’t want to see those images. So they supplied them with this service. And nobody except Haaretz and some smaller online media have the guts to understand that journalism means not to show only what the people expect you to show but to fulfil some kind of social and political mission. Israeli media is totally failing in this. What you see today is similar to Russian reporting on the war in Ukraine.

HANNO HAUENSTEIN: Would you say that Israeli outlets are contributing to state impunity?

GIDEON LEVY: Absolutely. The media is a major actor already, through all the years of denying or simply ignoring the occupation. But in this war, it reached a peak that I myself have never seen before. If you come here now and turn on the TV, you wouldn’t believe what you see.

HANNO HAUENSTEIN: Is this a development that’s been exacerbated through this government?

GIDEON LEVY: I think the media under a more liberal government would hardly react differently. Having said that, this current government is considering real antidemocratic measures toward the media, measures no liberal government would dare take on. If it depended on this government, I myself would not have a voice. And if it continues like this for another few years, they might as well shut me down.

HANNO HAUENSTEIN: In the West Bank, we are seeing new levels of violence by settlers and the army these days. What impressions do you have from people you speak to on the ground?

GIDEON LEVY: In the last thirty-five years, I traveled to the West Bank almost every week. Most of the people I come to don’t know me. I don’t meet politicians or intellectuals. I meet victims of crimes, people who lost children, who lost their land or lost relatives, people who were detained by Israel without trial. Until this day, they were always very ready to talk to me. In thirty-five years, I can recall only one case in which someone didn’t ask me to come and stay in their home. I am still shocked by how open Palestinians are to meet an Israeli journalist and to talk to me. But the atmosphere in the streets there is now quite dangerous. Both the army and settlers are doing horrible things. I don’t know for how long I’ll be able to continue to go.

HANNO HAUENSTEIN: Is there anything that makes you hopeful these days?

GIDEON LEVY: It’s very hard right now. At times I get some hope from the fact that people who are protesting now at Harvard and Yale and Columbia will be the next generation of American politicians. Hope must come from the outside. When they become secretaries of state and of defense, I hope they will still carry some of what they thought and lived in their university years, that they will at least have some balanced view about what’s going on here.



Gideon Levy

Gideon Levy is a Haaretz columnist and a member of the newspaper's editorial board. Levy joined Haaretz in 1982, and spent four years as the newspaper's deputy editor. He is the author of the weekly Twilight Zone feature, which covers the Israeli occupation in the West Bank and Gaza over the last 25 years, as well as the writer of political editorials for the newspaper. Levy was the recipient of the Euro-Med Journalist Prize for 2008; the Leipzig Freedom Prize in 2001; the Israeli Journalists’ Union Prize in 1997; and The Association of Human Rights in Israel Award for 1996. His new book, The Punishment of Gaza, has just been published by Verso Publishing House in London and New York.
On the Murder of Children and the Return of Genocide to Banality


July 18, 2024
Source: Gilbert Achcar


Image by UNRWA



The Russian bombing that targeted a children’s hospital in the Ukrainian capital, Kyiv, last week, killing dozens, naturally provoked a massive wave of denunciation in Western capitals, especially since it happened on the eve of the NATO summit in Washington. Most Western leaders condemned it in the harshest terms, led by US President Joe Biden, who saw it as a “horrific reminder of Russia’s brutality”, and the new British Prime Minister, Keir Starmer, who described it as “the most depraved of actions”. Since these same two are among the most prominent enthusiastic supporters of Israel and have both famously justified the most horrendous atrocities committed by the Zionist army, with a huge number of children among the victims, it must come to the mind of every person who places humanitarian considerations above geopolitical affiliations, that this represents an amazing degree of hypocrisy, with multiple standards at work.

Indeed, humanitarian organizations sounded the alarm regarding children since the very beginning of the Zionist invasion of the Gaza Strip. On 30 October 2023, the Geneva-based Euro-Mediterranean Human Rights Monitor issued a communiqué titled “Number of Gazan children killed in under a month is 10 times higher than that of Ukrainian children killed in entire first year of Russia’s ongoing war”. The statement explained that “over the course of 24 days of Israeli airstrikes and artillery shelling in the Gaza Strip, 3,457 children were confirmed killed, with over 1,000 more reported missing beneath the debris. Based on data from the United Nations, this figure is more than 10 times the number of children killed in the first year of Russia’s war on Ukraine.”

The latest figures available from UNICEF (the United Nations Children’s Fund) indicate that the number of children killed in the Gaza Strip has now exceeded 14,000, in addition to the number of missing, wounded, forever disabled, and orphans, which is many times that number. As for the number of child victims in Ukraine since the beginning of the Russian invasion in February 2022, according to the same UN source, it amounts to over 600 dead and 1,350 wounded. Thus, the number of children killed in nine months of Israeli invasion of the Gaza Strip is 23 times greater than the number of children killed in thirty months of Russian invasion of Ukraine. “Russia’s brutality”, as Biden called it, seems rather moderate compared to the Zionist state’s brutality, which he supports.

Hardly a day goes by without a report being issued by a media source or a humanitarian organization pointing out the horror of what the Zionists are committing against the Palestinians, not only in the Gaza Strip, where the intensity of killing and destruction exceeds anything witnessed in contemporary history, but also in the West Bank as well as in Israeli jails. Palestinian prisoners are exposed to practices much worse than those committed by the US occupation army in the prison of Abu Ghraib in Iraq, which sparked world outrage in 2004.

We recently saw a blatant example of the brutality of the Zionist army in the attack that targeted Hamas military leader Mohammed Deif in the Al-Mawasi area, which the Israeli leadership had previously designated as a safe zone for the people of Gaza. The attack claimed the lives of more than ninety Palestinians. The way that massacre took place clearly indicates that the Zionist forces deliberately killed the largest number of people without any distinction between alleged combatants and civilians, including children. This is because the Zionist army fired a first missile at the building in which it thought that Deif was present, then a second at the same building to complete its destruction, then a third in the vicinity of the building targeting those seeking to rescue anyone who remained alive among the rubble, then additional bunker-buster missiles to destroy any tunnels that might exist under the target area.

This determination to kill without any concern for the fate of civilians – children, elderly, women and men – has led to the fact that the proportion of civilians to combatants in Israel’s war on those it calls “terrorists” in Gaza far exceeds their proportion in other wars fought in various theatres under the banner of the “War on Terror” since the beginning of the current century. This, in turn, brings us to an ideological feature characteristic of Zionist thought, which reached its peak in the present, after decades of drift of the Israeli society to the far right leading to the current government, a collection of neo-fascists and neo-Nazis.

This characteristic is shared by Zionism with all types of settler colonialism that seek to seize a land, and hence deny the indigenous people’s rights, including their right to life. The moral justification for this supremely immoral project is achieved by denying the humanity of the people whose lands are coveted, downgrading them to the status of subhuman beings who do not deserve to live. This logic backfired into the heart of Europe in the last century with the Nazis, who classified certain categories of Europeans as subhuman beings (Untermenschen), reaching the point of exterminating them.

It is not unlikely that the logic of settler colonialism will return to European heartlands again after its decline following the defeat of the Nazis in the wake of the genocide they committed in the past century, especially since the far right is on the rise again throughout the Global North, east and west. It is one of the cruel ironies of history that those who claim to speak on behalf of the victims of Nazi genocide are the perpetrators of the most horrific campaign of extermination in the history of contemporary settler colonialism. Their behaviour is a source of inspiration for the far right in the contemporary world. They have made genocide banal again, with the complicity of “liberals” who have abandoned the most basic human values ​​in the face of the ongoing genocidal war in Gaza, often under the pretext of compassion for the victims of the Nazi genocide.

Translated from the Arabic original published in Al-Quds al-Arabi on 16 July 2024.


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Gilbert Achcar
Gilbert Achcar grew up in Lebanon. He is a Professor of Development Studies and International Relations at the School of Oriental and African Studies (SOAS) in London. His books include The New Cold War: Chronicle of a Confrontation Foretold. Morbid Symptoms: Relapse in the Arab Uprising; The People Want: A Radical Exploration of the Arab Uprising; The Clash of Barbarisms; Perilous Power: The Middle East and U.S. Foreign Policy; and The Arabs and the Holocaust: The Arab-Israeli War of Narratives. He is a member of Anti-Capitalist Resistance.
Will the ICC Act? The Netanyahu/Gallant Arrest Warrants are a Truth or Dare Moment?

July 18, 2024
Source: Richard Falk's Blog


Karim Khan (centre) announces ICC arrest warrant against Benjamin Netanyahu. (Photo: Screengrab / ICC)



A Shaky Start for the ICC

Since its establishment in 2002 the International Criminal Court has struggled tofind a path to legitimacy. Its establishment was a triumph for the Global South and civic activism in extending the potential reach of international criminal law to the countries of the Global North. ICC prospects were limited from the outset by its organizational identity being situated outside the formal UN framework and even more so, by the failure of the geopolitical ‘big three’ of the US, China, and Russia to join, and in relation to present concerns, by Israel’s refusal. The ICC has 124 members including the liberal democracies in Western Europe, all states in South America, most in Africa, and many in Asia. Despite this wide representation it has struggled throughout its existence for credibility, influence, respect, and legitimacy.

In its early years the ICC was deservedly blamed for concentrating its activities on the alleged wrongdoing of sub-Saharan African leaders, suggesting a racialist bias. Then later on, in relation to US and Israel’s alleged crimes in Afghanistan and Occupied Palestine, the ICC prosecutor sat on the files containing abundant evidence justifying at the very least, diligent investigations to determine whether indictments and prosecution were legally warranted, and by doing nothing, an impression was formed that the ICC was so weak and insecure that it could not hope to resist geopolitical, Western backdoor manipulations. ICC inaction in this instance was partly attributed to the radical ultra-nationalism of the Trump presidency that had the temerity to impose personalized sanctions on the prosecutor of the ICC should the tribunal open a case against either the US or Israel. Such sanctions were abandoned when Biden became president but the underlying hostility to ICC accountability.

The story goes on, but with new twists. When Russia attacked Ukraine in early 2022, the ICJ was called upon by the NATO West to act decisively with unaccustomed haste. The ICC obliged by expediting its procedures to move forward on an emergency basis to make a determination as to whether Putin and others should be immediately indicted for war crimes and arrest warrants issued. This unusual request for haste appeared to serve the geopolitical interests of the West, again somewhat racialized by the fact that ICC activism was on behalf of Ukraine a majority white, Christian victim of alleged war crimes. Such haste and pressures from the West had never before in the brief existence of the ICC been so enlisted. The ICC obliged, further compromising its credibility, by issuing arrest warrants for Putin and a close assistant, confirming the suspicion that it could be bullied even by non-parties to the Rome Statute that states adhered to if seeking status as parties, active in the work of the ICC.

Such haste with respect to Russia was not at all evident in relation to Gaza, despite the far greater urgency, considering the magnitude and severity of the unfolding humanitarian catastrophe facing the Palestinian people. To date it has withheld a meaningful response to the legal effort of Chile and Mexico to have the ICC investigate allegations against Israel. These two governments were seeking an ICC investigation and appropriate responses to the violations of the Genocide Convention by Israel in the course of carrying out its retaliatory attack on Gaza after October 7 that seemed designed to ignore the civilian innocence of the Palestinian people in Gaza in a prolonged process of imposing collective punishment on an occupied people, itself a violation of Article 33 of the 4th Geneva Convention. This difference in ICC responses to these two initiatives reinforced an impression of double standards in the tribunal’s treatment of allegations of international crimes. In this instance the behavior of the ICC contrasted unfavorably with the laudable efforts of ICJ to do what it could do by way of declaring the relevant international law. The effectiveness of the ICJ Interim Orders was hampered by its inability to induce compliance by Israel or enforcement by the UN. These unfortunate frustrations were also attributable in part to the complicity of the liberal democracies in aiding and justifying Israel’s response to the Hamas attack.

Is the ICC Escaping from its Bad Reputation Thanks to Israel?

Against this background, it was inevitable that the ICC would be widely viewed as a weak institution, above all by not initially obtaining participation or cooperation of such important states as the US, Russia, China, and of course, Israel. In this regard, the ICC was most unfavorably compared to the International Court of Justice (ICJ) to which all members of the UN were automatically parties. The ICJ was widely respect for maintaining a high degree of professionalism and juridical dignity in the course of assessing the merits of legal disputes referred to the tribunal for adjudication even when geopolitical strategic interests were present. This positive reputation of the ICJ was greatly enhanced by its near unanimous Interim Orders of January and March 2024 granting several Provisional Measures requested by South Africa to impede Israel’s behavior that seemed to lay a plausible basis for concluding that Israel was guilty of ‘genocide’ in Gaza, although no such conclusion was reached, and the substantive legal status of the genocide allegation deferred until the ICJ rendered its decision on the merits.

Israel was also legally ordered by the ICJ to allow humanitarian aid to reach Palestinian civilians without interference, at least until the final judgment on the merits of the genocide contention could be rendered. This was expected to happen in years hence after the ICJ had an opportunity to respond to further elaborate oral and written pleadings by the parties and those actors given leave to intervene. This process was expected to last for several years, quite likely reducing the existential relevance of the ICJ judgment as the killing would have hopefully have stopped long before the Court had time to rule. The decision would still have jurisprudential value as an authoritative interpretation of the crime of genocide, and might give rise to the establishment of preventive and early response mechanisms in anticipation of future genocides. It is possible that the passage of time would reduce the intensity of partisan geopolitics, creating a better atmosphere for cooperative moves to strengthen the global normative order against futue outbreaks of genocidal violence.

Despite the cautious legal professionalism of the ICJ a nearly unanimous panel of the seventeen judges found Israel sufficiently responsible for ‘plausible genocide’ to grant Provisional Measures in response to South Africa’s request. [Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel, ICJ Orders, 192, 20240126 & 192 20240328, ProvMesures)]; [see also systematic assessment of Special Rapporteur on Occupied Palestine for the UN Human Rights Council, Francesca Albanese, ‘Anatomy of a Genocide,’ A/HRC/55/73, 25 March 2024].

These orders legally require Israel to take a variety of steps to stop engaging in genocidal behavior including interference with efforts to deliver food and medicine to starving and desperate Palestinians huddled together in dangerously crowded collective misery in the small city of Rafah on the Egyptian border. The prospect of bloody extensions of genocide are daily proposed by Israeli leaders in their murderous attacks on Rafah, much overcrowded condition resulting from sheltering large numbers of Palestinian civilians. Israel also issued a series of evacuation orders purporting to shift Palestinians to ‘safe zones,’ but in practice subjecting even these areas in Central Gaza to devastating attacks. This pattern of evacuation orders and continuous attack has put the finishing touches on Israel’s actions that are more and more widely perceived as repudiations of the minimal moral sensibilities of a common humanity as well as carrying out mortal threats to the life prospects of Palestinians now estimated at over 186,000 by the highly respected medical journal, Lancet. This higher figure than the death statistcs compiled and verified by Gaza Public Health sources the direct Israeli violence, results from counting as deaths attributable to the attacks, Palestinians missing as presumably buried beneath piles of rubble, as well as the deaths caused by starvation, malnutrition, inadequate sanitation. Using the Lancet estimate of the proportionate loss of life in Gaza (without taking account of injuries, physical and mental) if occurred in US society would amount to 2,900,000 fataities, which is a figure greater than the total loss of American loss of lives in all the wars of the entire 20th century.

A Redemptive Moment for the ICC?

If asked even a week ago, I would have said that Bibi Netanyahu would have been the very last person on the planet to come to the institutional rescue of the ICC, although he did so in a backhanded way. Netanyahu leaped to respond after leaked rumors suggested that the ICC was on the verge of issuing arrest warrants naming Netanyahu, the Defense Minister, Yoav Gallant, and Army Chief of Staff Herzl Halevi. Somehow this prospect so agitated Netanyahu that he chose to go on the offensive in advance of any formal action. His five-minute video tirade against the ICC is worth watching by everyone, if only to get a sense of just how potentially formidable the ICC might become if it performs in conformity with its statute. On balance, if it takes Netanyahu’s misplaced sense of outrage to shame the ICC into finally doing its job, so be it.

At the same time Netanyahu’s gross distortions of what was happening in Gaza were extreme enough to provide valuable material to late night TV humorists. The obvious purpose of Netanyahu’s tirade was to whitewash over six months of an unprecedented humanitarian catastrophe imperiling the individual and collective survival of the long abused civilian population of Gaza. Israeli behavior is so macabre as to be beyond the realm of good-natured, apolitical comedy, providing more of an occasion for weeping and mourning the lost and ravaged lives, and devasted cities, hospitals, places of worship, schools, and UN facilities.

It is within this setting that the ICC seems to have been given an opportunity to act finally in accordance with its mandate, to redeem its reputation for spinelessness, and strike a symbolic blow in the increasingly worldwide struggle to stop Israel’s genocide in Gaza. It is technically possible and undoubtedly politically tempting for the prosecutor to disappoint these expectations by limiting ICC action against Israeli and Hamas leaders to their alleged pre-October 7 crimes. Such an evasion would be within scope of the 2015 initiative of Palestine, a party to the Rome Statute, which was initiated in such a manner that any crime after 2014 was potentially indictable. Such an evasion would be a double disappointment for those seeking to increase pressure on Israel to accept a ceasefire followed by a series of restorative acts that could include redress, reparations, accountability, and reconstruction punitive directives.

We are left with the puzzle of why Israel’s reaction to the ICC, in view of its low institutional esteem, was seen as so much more threatening to Israel than the more authoitative directives of the far more established ICJ. Could it be that the criminal character of the ICC and the personal nature of arrest warrants are more of an emotional pushback than mere legal rulings? Or was the ICC perceived as low hanging fruit, which even Israel took respectful account of the ICJ legal proceeding, and participated both in appointing a prominent Israeli jurist as an ad hoc judge and by taking part in the proceedings by offering a defense of their actions in Gaza.

Netanyahu phrased his key argument against the arrest warrants as posing a mortal threat to the right of democracies to defend themselves against their evil enemies, singling out Iran. Such a view, reverses the perceptions of peoples throughout the world excepting those governments and right-wing elements that support Israel in the Global West and the hardest core Zionist ideologues. Increasingly, even in the strongholds of Zionist influence, softer versions of Zionism and more independent Jewish voices are siding with the pro-Palestine protesters, reacting against the stark reality of genocide.

A Concluding Remark

We should all know by now that Israel has no intention of complying with international law no matter what the source of authority. In this sense, the importance of the ICJ and potentially, the ICC, is to strengthen the growing tide of pro-Palestinian sentiment around the world, and an emerging consensus to escalate civic solidarity initiatives of the sort that contributed to the American defeat in Vietnam despite total battlefield military superiority and that doomed the South African apartheid regime. In this regard, the utterances of the most influential international institutions entrusted with interpreting international law have more impact in high profile political situations such as exist in Gaza, than does do either the ICJ or ICC, and for that matter, than even the UNSC. Once again if the Palestine people do finally realize their basic rights, it will be thanks to the resistance of those victimized as reinforced by the transnational activism of people everywhere. It may be in launching his vitriolic attack on the ICC, Netanyahu was subconsciously delivering his\ mendacious sermon to the aroused peoples of the world.

We now know that the Prosecutor of the ICC did recommend to a sub-commission in the form of a panel of judges the issuance of arrest warrants for Israeli and Hamas leaders, and so far no decision has been forthcoming. Notable, also, was the omission of genocide from the crimes charged to the Israeli leadership. The US reacted with anger, as exhibited by President Biden, that the ICC Prosecutor seemed to create a moral equivalence between Israel and the terrorist organization, Hamas. Critics of Israel and complicit states in contrast objected to the equivalency but from an opposite position—making an attack justified by Hamas’ right of resistance within the limits of international humanitarian law equivalent to Israel’s 9+ months of genocide.

Perhaps needless to observe, the ICC has yet to deliver its judgment.



Richard Falk
Richard Anderson Falk (born November 13, 1930) is an American professor emeritus of international law at Princeton University, and Euro-Mediterranean Human Rights Monitor's Chairman of the Board of Trustees. He is the author or coauthor of over 20 books and the editor or coeditor of another 20 volumes. In 2008, the United Nations Human Rights Council (UNHRC) appointed Falk to a six-year term as a United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. Since 2005 he chairs the Board of the Nuclear Age Peace Foundation.