Exploiting the Issue of Palestinian Recognition
Diplomatic Merchandise
They have been the playthings of powers for decades, and there is no promise that this will end soon. Empires and powers seem to come and go, yet the plight of the Palestinians remains more horrific than ever. Now, in the next instalment of the grand morality game, France, the United Kingdom and Canada promise to recognise Palestinian statehood at the September meeting of the 80th session of the United Nations General Assembly.
From the perspective of soothing the conscience, this is a mighty thing – for those in Paris, London and Ottawa. It does not save a single life on the ground in Gaza or the West Bank, provide a single meal for a starving family, or rebuild a single destroyed school. But President Emmanuel Macron, and Prime Ministers Sir Keir Starmer and Mark Carney can all commune as a triumvirate of principled statesmen.
Macron, the first of the three, had been making signals on the issue earlier in the year. The French leader had hoped that a UN conference sponsored by France and Saudi Arabia would be the venue for joint recognition, but it came to naught with the resumption of hostilities in Gaza and Israel’s attacks on Iran’s nuclear facilities. In turning to the G7 nations, he hoped to amplify the urgency of recognition.
In doing so, the onus was also on the Palestinian Authority to make certain concessions to add momentum. A letter from PA President Mahmoud Abbas sent to Macron duly came, condemning the attacks of October 7, 2023 by Hamas, demanding the immediate release of all hostages and pledged the holding of elections and reforms to governance. Hamas – not that Abbas had any claims on this point – would also “no longer rule Gaza” and would have to surrender “weapons and military capabilities to the Palestinian Security Forces, which will oversee their removal outside the occupied Palestinian territory, with Arab and international support”.
On July 24, Macron confirmed in a letter to Abbas conveyed via France’s Consul General in Jerusalem that recognition of a Palestinian state would follow in September “in light of the historic commitments that were made” and the threatened two-state solution. On July 28, in his opening speech to a plenary session of the High-Level International Conference on the Peaceful Settlement on the Question of Palestine and the Implementation of the Two-State Solution, France’s Minister for Europe and Foreign Affairs, Jean-Nöel Barrot stated the “prospect of two States, whose rights are recognised and respected, is in mortal danger.” But assurances and momentum had been achieved, with Barrot acknowledging the condemnation by the Arab League of the Hamas attack and the insistence by its members on the release of the remaining hostages, the disarming of the group and conclusion of its rule in the Strip.
Of the G7, Starmer was the next to be swayed, but with a notable proviso: “the UK will recognise the state of Palestine by the United Nations General Assembly in September unless the Israeli government takes substantive steps to end the appalling situation in Gaza, agree to a ceasefire and commit to a long-term sustainable peace, reviving the prospect of a Two-State Solution.” To this could be added the need for Hamas to release the hostages, accept a ceasefire, disarm and “play no part in the government of Gaza.” In shabby fashion, room is left to withdraw the offer for recognising Palestinian statehood. “We will make an assessment in September on how far the parties have met these steps.”
Carney, the latest addition, claimed on July 30 that the two-state solution growing from a negotiated settlement between Israel and the Palestinian Authority had been eroded as a prospect by four factors: the threat of Hamas to Israel; accelerated building across the West Bank and East Jerusalem, including numerous instances of Israeli settler violence; the E1 Settlement Plan and the July vote by the Knesset calling for the annexation of the West Bank; and the ongoing failure by the Israeli government to arrest “the rapidly deteriorating humanitarian disaster in Gaza, with impeded access to food and other essential humanitarian supplies.”
The Canadian PM, in reasons almost identical to Macron, had also been swayed by “the Palestinian Authority’s commitment to much-needed reforms” in governance, including the promise to hold elections in 2026 that will exclude Hamas, undertaking anti-corruption measures and the creation of a demilitarised Palestinian state.
A resounding theme comes through in the latest flurry of statements: Palestinians continue to be lectured and harangued under the guise of humanitarian understanding, told who can represent them or not (a reformed Palestinian Authority promisingly good, Hamas decidedly bad), and whether they can have any semblance of a military force. “Recognising a State of Palestine today,” states Barrot, “means standing with the Palestinians who have chosen non-violence, who have renounced terrorism, and are prepared to recognise Israel.” Standing, it would seem, with a certain type of idealised Palestinian.
The Palestinians have become diplomatic merchandise or bits of currency, to be gambled with in the casino of power politics. Starmer is the worst exponent of this, hoping for such returns as Israel’s halt to the slaughter and famine in Gaza and the release of the hostages by Hamas and its disarmament. But the idea of Palestinian recognition remains, at this stage, a moot point.
At the end of any diplomatic tunnel on this lies certain requirements that would have to be met, not least the criteria of the Montevideo Convention from 1933. Despite gathering some dust over time, it outlines the relevant requirements for statehood: any recognised state in international law must have a permanent population, a defined territory, a discernible government and the capacity to enter into relations with other states. In the UK, some 43 cross-party peers have sent a letter of warning to Starmer arguing against recognising a Palestinian state, citing such familiar, legal grumbles. There was, for instance, “no certainty over the borders of Palestine” nor “a functioning single government, Fatah and Hamas being enemies”. Neither could enter into relations with foreign states, with one entity having not held elections for decades, and the other being a “terrorist organisation”. Despite the UK not signing the Montevideo Convention, recognising Palestine “would be contrary to the principles of governing recognition of states in international law,” the convention having become part of international customary law.
On the bloodied ground, where legal abstractions dissolve into fleshy realities, Israel is doing its level best to make sure that there will be nothing left of a Palestinian state to recognise. For Israel, the case is not one of if or when, but never. The machinery of slaughter, deprivation and dislocation is now so advanced it risks smothering the very idea of a viable Palestinian entity. Israeli policy till October 2023 was engineered to stifle and restrain any credible progress towards a Palestinian state, crowned by feeding the acrimonious divisions between Hamas and Fatah. After October 7 that year, the sharpened focus became one of expulsion, subjugation, or plain elimination of the general populace. Palestinian sovereignty remains, to date, incipient, a bare semblance of a political self. This egregious state of affairs continues to be supported, even by those wishing to recognise Palestine. In some ways, those sorts are arguably the worst.
When Israelis Call It Out: Finding Genocide in Gaza
It’s been almost an article of faith among Israeli officials: the state they represent is incapable of genocide, their actions always spurred by the noblest, necessary motivations of self-defence against satanic enemies who wish genocide upon Jews. Over time, as Holocaust scholar Omer Bartov writes, “Ethical concerns and moral qualms were brushed aside as either marginal or distracting in the face of the ultimate cataclysm that is the genocide of the Jews.”
This form of reasoning, known otherwise as “Holocaust-ism” or “Shoah-tiyut”, is a moral conceit left bare in the war of annihilation being waged in Gaza against the Palestinian populace. Israeli human rights groups have taken note of this, despite the drained reserves of empathy evident in Israel proper. (A Pew Research Center poll conducted last month found that a mere 16% of Jewish Israelis thought peaceful coexistence with Palestinians was possible.)
In its latest report pointedly titled Our Genocide, the Israeli human rights organisation B’Tselem offers a blunt assessment: “Israel’s policy in the Gaza Strip and its horrific outcomes, together with statements by senior Israeli politicians and military commanders about the goals of the attack, leads us to the unequivocal conclusion that Israel is taking coordinated action to intentionally destroy Palestinian society in the Gaza Strip. In other words: Israel is committing genocide against Palestinians in the Gaza Strip.”
The infliction of genocide, the organisation acknowledges, is a matter of “multiple and parallel practices” applied over a period of time, with killing being merely one component. Living conditions can be destroyed, concentration camps and zones created, populations expelled, and policies to systematically prevent reproduction enacted. “Accordingly, genocidal acts are various actions intended to bring about the destruction of a distinct group, as part of a deliberate, coordinated effort by a ruling authority.”
Our Genocide suggests that certain conditions often precede the sparking of a genocide. Israel’s relations with Palestinians had been characterised by “broader patterns of settler-colonialism”, with the intention of ensuring “Jewish supremacy over Palestinians – economically, politically, socially, and culturally.”
B’Tselem draws upon three crucial elements centred on ensuring “Jewish supremacy over Palestinians”: “life under an apartheid regime that imposes separation, demographic engineering, and ethnic cleansing; systemic and institutionalized use of violence against Palestinians, while the perpetrators enjoy impunity; and institutionalized mechanisms of dehumanization and framing Palestinians as an existential threat.” The attacks on Israel by Hamas and other militant groups on October 7, 2023 was a violent event that created a “sense of existential threat among the perpetrating group” enabling the “ruling system to carry out genocide.” As B’Tselem Executive Director Yuli Novak notes, this sense of threat was promoted by an “extremist, far-right messianic government” to pursue “an agenda of destruction and expulsion.”
Israeli policy in the Strip since October 2023 could not be rationalised as a focused, targeted attempt to destroy the rule of Hamas or its military efficacy. “Statements by senior Israeli decision-makers about the nature and assault in Gaza have expressed genocidal intent throughout.” Ditto Israeli military officers of all ranks. Gaza’s residents had been dehumanized, with many Jewish-Israelis believing “that their lives are of negligible value compared to Israel’s national goals, if not worthless altogether.”
The report also notes the use of certain terminology that haunts the literature of genocidal euphemism: the creation of “humanitarian zones” that would still be bombed despite supposedly providing protection for displaced civilians; the use of “kill zones” by the Israeli military and the absence of any standardized rules of engagement through the Strip, often “determined at the discretion of commanders on the ground or based on arbitrary criteria.”
Wishing to be comprehensive, the authors of the report do not ignore Israel’s actions in the West Bank and occupied East Jerusalem. Airstrikes have regularly taken place against refugee camps in the northern part of the territory since October 2023. Even more lethal open-fire policies have been used in the West Bank, with the use of kill zones suggesting “the broader ‘Gazafication’ of Israel’s methods of warfare.”
Another group, Physicians for Human Rights-Israel (PHRI), has also published a legal-medical appraisal on the intentional destruction of Gaza’s healthcare system, finding that the Israeli campaign in Gaza “constitutes genocide under the 1948 Genocide Convention.” The evidence examined by the group “shows a deliberate and systematic dismantling of Gaza’s healthcare system and other vital systems necessary for the population’s survival.” The evolving nature of the campaign suggested a “deliberate progression” from the initial bombing and the forced evacuation of hospitals in the northern part of the Strip to the calculated collapse of the healthcare system across the entire enclave. The dismantling of the health system involved rendering hospitals “non-functional”, the blocking of medical evaluations, and the elimination of such vital services as trauma care, surgery, dialysis, and maternal health.
Added to this has been the direct targeting of health care workers, involving the death and detention of over 1,800 members, “including many senior specialists”, and the deliberate restriction of humanitarian relief through militarized distribution points that pose lethal risks to aid recipients. “This coordinated assault has produced a cascading failure of health and humanitarian infrastructure, compounded by policies leading to starvation, disease, and the breakdown of sanitation, housing, and education systems.”
PHRI contends that, at the very least, three core elements of Article II of the Genocide Convention are met: the killing of members of a group (identified by nationality, ethnicity, race or religion); causing serious bodily or mental harm to members of that group and deliberately inflicting on the group those conditions of life to bring about its destruction in whole or in part.
In accepting that genocide is being perpetrated against the Palestinians, Our Genocide makes that most pertinent of points: the dry legal analysis of genocide tends to be distanced from a historical perspective. “The legal definition is narrow, having been shaped in large part by the political interests of the states whose representatives drafted it.” The high threshold of identifying genocide, and the international jurisprudence on the subject, had produced a disturbing paradox: genocide tends to be recognised “only after a significant portion of the targeted group has already been destroyed and the group as such has suffered irreparable harm.” The thrust of these clarion calls from B’Tselem and PHRI is urgently clear: end this state of affairs before the Palestinians become yet another historical victim of such harm.
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