Saturday, March 02, 2024


Journalism on Trial: Assange Appeals His


Extradition to the U.S.


 
 MARCH 1, 2024
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Photograph Source: Herder3 – CC BY 3.0

The British high court did not make it easy for the press to cover Julian Assange’s anti-extradition hearings in late February. For those of you who may have forgotten, Assange just appealed his extradition to the United States, where he faces brutal punishment for practicing journalism. But the British high court doesn’t want you to remember. How else to explain it making press coverage of the proceedings so extraordinarily difficult?

It wasn’t just that reporters couldn’t hear anything. It’s much bigger than that. As former British diplomat Craig Murray wrote after attending these hearings, the proceedings against Assange have been a “travesty and a charade marked by undisguised institutional hostility.” This theme of Assange’s trials and unjust incarceration in maximum security Belmarsh Prison involves limiting press access. The reason is obvious. When somebody does something wrong, they try to conceal it. And the U.K. and U.S. governments are doing something wrong, namely, shackling, silencing, endangering the life of and bundling a journalist off to Northern Virginia, where he will likely be convicted of bogus crimes, because that journalist, Assange, has been deemed a political enemy. How bogus? One for instance: The U.S. accuses him of endangering the lives of American government agents and foreign intelligence sources, yet has never named one harmed. No matter, Assange is to be convicted of phony crimes. How do we know he’ll likely be convicted? Because Northern Virginia is home to employees of the imperial U.S. security state, so people who regard Assange as an anti-American demon will swarm the jury pool. His lawyers will be hard-pressed to find impartial jurors.

Stefania Maurizi, a reporter allowed in the courtroom on February 20, tweeted “yesterday we journalists were assigned to a Victorian gallery, no table to take notes, use our laptops, NO chance to hear and see what was being discussed in court.” That first day, Assange’s defense presented two key points – that “U.S. charges could be reformulated so that #DeathPenalty applies,” and also raising repeated U.S. references “to the fact that the #FirstAmendment does NOT apply” to Assange. “In both cases, NO guarantees were provided by U.S.”

Reporting on day two, Maurizi again tweeted: “Even this morning we journalists cannot cover the case properly; no tables for our computers, no chance to hear properly: audio is so bad.” Then the judges suspended the hearing, “because even in the courtroom we cannot hear what is being discussed. I am less than three meters away from U.S. lawyers and yet I cannot hear what they say.” Once the proceeding resumed – no improvement. Journalists still couldn’t hear properly.

Since this whole Assange legal fiasco is an assault on a free press, I guess we shouldn’t be surprised that reporters covering the case are treated so cavalierly. In our bizarre world, where a journalist faces 175 years in prison or even conceivably death for doing his job (too) well, why wouldn’t he be treated like Alice in Wonderland by the deranged Queen of Hearts? Assange has basically been caged without charge for over a decade – you expect a reporter who wants to cover this atrocious persecution to be treated professionally? C’mon man, get with the program! This is the wrath of the Empire, of the U.S. security state we’re talking about, because that’s who Assange offended.

He did so on several occasions, including when he published the video Collateral Murder, which revealed U.S. soldiers in their Apache helicopter shooting Iraqi civilians, children and journalists for sport. He also mortified two fantastically narcissistic bigwigs, Mike “Get Assange” Pompeo and Hillary “Can’t We Just Drone This Guy?” Clinton, with sundry revelations about the CIA and embarrassing campaign emails, respectively. With such fearless dedication to truth on Assange’s part, no wonder Washington concluded, over a decade ago, that he was public enemy numero uno and had to be permanently dispatched, in a way that would “teach a lesson” to everyone viewing the appalling spectacle.

Well, I’m not sure the lesson is what Washington intended. It appears to be that a free press is an optional, distant last to whatever the Beltway diktat du jour happens to be, that the rule of law is in fact white house whim, and that anybody, anywhere on this planet can be captured, imprisoned and shipped off to the U.S. carceral gulag – the biggest on earth – for just about anything American mandarins concoct. This despotic state of affairs dates from president George “WMD” Bush’s Global War on Terror. Years have passed since the original insane frenzy that prompted GWOT, but wrecking the rule of law has not. The fourth amendment still lies in tatters and now, with the Assange case, the first does too.

A decision on Assange’s extradition likely won’t come for at least a month. “The two-day appeal hearing,” reported Fox News, February 22, “before a panel of two judges wrapped up after U.S. lawyers delivered arguments.” Assange himself was too ill to be present, so the very politically connected judges, Dame Victoria Sharp and Jeremy Johnson, a former lawyer representing MI6, did not set eyes on him. Let’s hope they’re better than the judges who ruled on Assange so far, judges who have shown little awareness of this case’s earth-shattering implications for a free press and Britain’s nearly thousand-year jurisprudence grounded in the rule of law. Most of that went out the window in the original trial, under the overall very hostile judge Vanessa Baraitser, and it’s didn’t come back in with the last appeal, dismissed summarily by justice Jonathan Swift, who flatly refused to consider fresh evidence.

That was a blinkered decision, because there’s plenty of new evidence and the old evidence was never weighed properly by Baraitser. But Swift was formerly a lawyer for the British government, who represented the security services, and throughout this entire miscarriage of justice, that government has bent over backwards to accommodate its imperial lord, Washington. To cite Murray on Swift, in one legal case Swift met with government officials, “discussed matters relating to the case privately before making judgment. He did not tell the defense he had done this. They found out and Swift was forced to recuse himself.” No wonder Swift, “the former roommate and still best friend of the minister who organized the removal of Julian from the Ecuadorian Embassy,” ruled against Assange. As Murray wrote “what a lovely cosey club is the Establishment.”

The emperor himself, Joe “Pardons Only for Those Who Don’t Need Them” Biden, now owns this sordid business from top to bottom. It originated in Barack “Jail the Whistleblowers” Obama’s vampiric war against sunlight, and got a lot of extra oomph from Donald “Fake News, Unless It Praises Me” Trump’s deranged Justice Department, which brought the indictment, but Biden could have put a stop to it at any point. He didn’t. He will be remembered for that, for gutting the First Amendment, for remaining deaf to pleas from numerous heads of state, who deplored this abuse, this destruction of a journalist for printing the truth. Throughout the Trump years and now the Biden ones, imperial henchmen have treated Assange so cruelly, one can only conclude they would not have been sorry had he died in jail. Indeed, that may have been the plan. Even the press, which initially abandoned Assange, has come around to the realization that this prosecution poses a very real, deadly threat to journalism. Numerous mainstream publications have now protested this juridical abortion. Let’s hope they’re not too late.

Eve Ottenberg is a novelist and journalist. Her latest book is Lizard People. She can be reached at her website.





Ruling class normal

Aasim Sajjad Akhtar
DAWN
Published March 1, 2024


PAKISTAN is on fire, and not in a good way. Interrelated demographic, ecological and economic crises are escalating. The incoming government owes its ‘success’ to the establishment and is considered illegitimate by large segments of the population, especially young people and the ethnic peripheries.

The PML-N and PPP will claim otherwise, but the widespread perception that the ‘new’ dispensation is effectively PDM 2.0 speaks for itself. The ‘new’ ruling coalition only symbolises the depth of our political crisis.

Given our own house is on fire, it is unsurprising that we have largely ignored the heroic political act by a US Air Force officer, Aaron Bushnell, who set himself ablaze in front of the Israeli embassy in Washington, D.C. to protest the genocide in Palestine.

Bushnell’s last words before his act of self-immolation were: “This is what our ruling class has decided is normal.” Indeed, gruesome state-sponsored violence against oppressed peoples is routine in our world, from Palestine to Balochistan, Kurdistan to Senegal, and Burma to Yemen. The corporate media obliterates the histories of such peoples; state terror is called ‘self-defence’ while everything is legitimated if it happens in the name of ‘national security’.

All bourgeois parties compete for the establishment’s favour.

It is not just acute cases of systemic oppression that get muted. In Pakistan, even a hopelessly rigged election can metamorphose into a ‘national security threat’.

After Feb 8, the caretaker government (read: establishment) has imposed a blanket ban on the social media site X. The post-poll rigging carried out to bring PDM 2.0 into existence was being exposed with so much irrefutable evidence that our holy guardians decided it was time to do away with the niceties entirely.

This has been followed by dire warnings to journalists who transgress the boundaries of what is considered acceptable reporting, culminating in the arrest of Asad Toor by the FIA. In a nutshell, this is what, to paraphrase Bushnell’s immortal words, Pakistan’s militarised ruling class has decided is normal.

The PPP and PML-N continue to call themselves principled defenders of democratic principles but have remained mum about all of this. We should not be surprised. Long before Imran Khan and the PTI came to power in 2018, it was a PML-N government with Nawaz Sharif in the prime minister’s office that introduced a parliamentary bill which made the notorious Peca into law. That was in 2015.

The very term ‘ruling class’ demands a reckoning with the fact that our predicament is beyond singular regimes, that things will not just get better because one segment of the bourgeoisie has replaced another in government. This is particularly true in our own context where virtually all bourgeois parties compete with one another for the establishment’s favour — look no further than the PPP putting up Sarfaraz Bugti and Jamal Raisani in Balochistan. Speaking of which, has anyone in government bothered to provide relief to Gwadar, which is currently drowning due to torrential rain?

For those who still think that PDM 2.0 is an unqualified improvement upon Imran Khan and the PTI, it is worth noting that Joe Biden — who so many celebrated when he defeated Donald Trump in the 2020 US presidential election — is, by current estimates, expected to lose to Trump in the election this year. Simply put, the evidence does not prove that the supposedly more ‘liberal’ (read: centre-right) segments of the ruling class resolve the inherent contradictions of contemporary capitalism and there­by red­u­­ce the appeal of their far-right competitors.

Anyone who actually cares about the mass of peop­le in whose name all ruling clas­ses act would be focusing on creating a po­­pular political narrative that does not leave us to ‘choose’ bet­w­een the centre right and far right. One can and should condemn the way the PTI has politicised young people in the digital age, but armchair criticism leads back only to the status quo of establishment-dominated musical chairs. Refusal to acknowledge even the possibility that those who have experienced state repression since April 2022 may coalesce around a new politics means, in effect, reinforcing the ruling class normal.

Bushnell chose his sensational act of sacrifice because the Israeli war machine and its backers, including Genocide Joe, continue to act unimpeded, even in the face of online dissent at a global scale. For now, Trump is likely to be the major beneficiary of the disjunct between popular sentiment and the established institutional order. Unless there is a wilful commitment to creating a substantive alternative on the left of the political spectrum, however far down the line, those who seek to draw attention to the fires engulfing humanity and nature will have only one option: to literally set themselves on fire.

The writer teaches at Quaid-i-Azam University, Islamabad.


Published in Dawn, March 1st, 2024
The cost of silence: How internet shutdowns impede Pakistan’s technological ascent

Arbitrary internet shutdowns are a self-inflicted wound on Pakistan's technology sector, undermining the country's potential to become a hub for digital innovation.
DAWN
Published February 28, 2024

One-hundred and forty three percent. This is how much Pakistan’s technology exports have grown over the last five years, climbing from just $1 billion in fiscal year 2018 to almost $2.6 billion in 2023, according to data provided by the State Bank of Pakistan.

And while Pakistan’s policymakers have been drawing attention to this growing sector, setting big targets and highlighting the overall export potential, the fact is that their actions are undermining the potential and long-term viability of the technology ecosystem.

The key driver of this uncertainty are arbitrary internet shutdowns, which are casting a shadow over what is one of the few economic success stories in Pakistan. Should these shutdowns continue — even if they are limited to certain social media platforms — they are likely to have far-reaching implications for investor confidence, export growth, and the country’s reputation in the global technology market.

Impediment to investments


Growth attracts new investments in any sector, especially one that can generate precious foreign exchange in an economy facing sky-high levels of inflation. But investors also look for stability and predictability when allocating capital, especially patient capital that looks to scale new ventures that require innovation.

In the technology sector, where the pace of change is rapid and the need for reliable internet connectivity is non-negotiable, arbitrary shutdowns are a red flag for both local and foreign investors. The unpredictability of such outages makes it challenging to ensure the smooth operation of digital services and the consistent delivery of products to market.

While organisations can circumvent the shutdowns for the time being through the use of virtual private networks (VPNs) and multiple wired and wireless connections, overall sentiment is dented. In addition, VPNs and multiple connections are an additional cost that competitors outside Pakistan do not have to bear. As a result, not only is investor sentiment dented, but broader competitiveness is eroded given higher costs.

Moreover, when internet access is snatched away without notice, technology firms are unable to meet deadlines, causing financial losses and damaging their credibility. For upstart technology firms and freelancers, which are a significant proportion of the overall technology sector, these shutdowns can be particularly devastating, as missing a deadline for one client can have irreparable reputational damage.
Negative perceptions

Negative headlines generated by arbitrary internet shutdowns create a higher risk perception among foreign companies and clients. While these companies may, for example, be attracted to Pakistani technology partners due to lower cost and better quality of product, a higher risk perception may give them pause.

For sectors like software development, customer support, and back-office operations that rely on uninterrupted internet access, such disruptions are a deal-breaker. The unpredictability creates a perception of risk that many companies are unwilling to accept, especially larger foreign companies that typically have a lower risk appetite for significant technology contracts


This hesitance not only affects new business opportunities but also jeopardises existing relationships. Contracts may include clauses that penalise service providers for downtime, and repeated internet outages can lead to breaches of service level agreements (SLAs), financial penalties, and ultimately the loss of business.

Each time the internet is shut down in Pakistan, it sends ripples through the international media, painting a picture of a country that is not fully in step with the demands of the digital era. This negative press can be as damaging as the shutdowns themselves, reinforcing stereotypes that overshadow the positive work that is happening on the ground in Pakistan when it comes to technology.
Lessons from yesteryears

Pakistanis acutely understand that the narrative of instability is hard to shake off and can linger long after things improve. An example is the long-term impact of worsening security conditions between 2007 and 2015 on the country’s manufacturing export sector. As the level of violence inched up in the country, foreign partners stopped coming to Pakistan, preferring to meet their counterparts in places like Dubai. Many saw the broader political and security risk as a deterrent, taking their orders to other jurisdictions like Bangladesh and India.

These developments led to canceled export orders, reduced linkages with foreign supply-chains, and a long-term decline in investment that the country is still struggling from today.

In the digital realm, the threats may be less visible today, but the consequences of continuous curbs on the internet will be as impactful, if not more, in the coming months and years.

Arbitrary internet shutdowns are a self-inflicted wound on Pakistan’s technology sector, undermining the country’s potential to become a hub for digital innovation. The impact on investor confidence, exports, and the country’s international image is significant and far-reaching.

These shutdowns are also trying to address symptoms, not the underlying issues that are roiling Pakistan’s political economy. In addition, they are having the opposite impact, fueling further discontent across society. Sustained curbs on the internet are a direct threat to Pakistan’s exports and the broader technology sector, and must be stopped immediately.


The writer is the director of the Pakistan Initiative at the Atlantic Council’s South Asia Center and host of the podcast Pakistonomy.

PAKISTAN
Resolution to ban all major social platforms including X, Instagram and YouTube lands in Senate

Nadir Guramani 
Published March 2, 2024 

A resolution to have Facebook, Tik Tok, Instagram, X and YouTube banned in Pakistan to protect the young generation from their “negative and devastating effects” has landed in Senate and is on the house’s agenda to be debated upon during Monday’s session, it emerged today.

According to the agenda issued by the Senate secretariat, a copy of which is available with Dawn.com, the resolution will be moved by Senator Bahramand Khan Tangi, who was expelled by the PPP last month for remaining silent in a Senate session the month before when Independent Senator Dilawar Khan had moved a resolution for postponing general elections in KP and Balochistan.

PPP has cancelled his membership but has not moved a reference against him neither has asked him to resign. Senate secretariat’s record shows Tangi is still a Senator of PPP.

The resolution claims that the aforementioned digital platforms were being used for promotion of norms “against our religion and culture” and “creating hatred amongst the people on the grounds of language and religion”.

It noted that the use of such platforms to run “negative and malicious propaganda” against the armed forces was against the interests of the country.

“Such platforms were being used by vested interests for spreading fake news about various issues and trying to create and promote fake leadership in the country to hoodwink the young generation, the resolution said.

The resolution pushing for blanket ban on major social websites comes at a time when the country is already facing disruption to the service of X — the website formerly known as Twitter — in the face of severe backlash against the judiciary and establishment following the general elections on Feb 8.

PPP disowns Tangi’s resolution

The PPP distanced itself from Tangi’s resolution, adding that he should also stop using the party’s name.

According to a press release from the party quoting senior leader Nayyar Bukhari, the party said the PPP had no relation with Tangi anymore.

“Senator Bahramand Tangi was given a show cause notice for deviating from party policy,” Bukhari stated, adding that the senator had failed to explain himself to the party.

“Senator Tangi is retiring from the Senate on March 11,” he added.

Bukhari said, given that Tangi’s basic membership was terminated by the party, he should stop using the party’s name.
Rethinking peace

The fragmented nature of the proposed Palestinian state, combined with the historical context of territorial conquest and occupation, suggests that such a solution might not align with the aspirations or best interests of the Palestinian people.
DAWN
Published March 1, 2024 




IN the discourse surrounding the Palestine-Israel conflict, especially within international arenas, the advocacy for a two-state solution stands out as the principal strategy for equitably resolving the Israeli occupation.

This viewpoint is supported by a broad spectrum of governments, ranging from the Palestinian Authority to numerous Muslim countries, including Pakistan. This approach has also become a cornerstone of US foreign policy, emphasising its significance in global diplomatic efforts to achieve peace in the region.

The discussion necessitates a nuanced understanding of the interplay between armed resistance and diplomatic endeavours towards peace, especially in light of the historical context and the commitment to ending the occupation through the ongoing advocacy for a two-state solution. How­e­v­­er, the concept of ‘occupation’ in the context of Palestine is complex and defies simplistic interpretation.

The origins of this concept trace back to Novem­ber 1947, when UN General Assembly Resolution 181 proposed the partition of the territory, allocating approximately 55 per cent to the Zionist movement, comprised mainly of European immigrants. This led to the declaration of the state of Israel in 1948 within territories historically recognised as Palestine, igniting a war that allowed the Zionists to expand their control to nearly 78pc of the land.

The narrative further complicates with the eve­nts of the 1967 war, during which Israel seized the remaining territories previously held by Jor­dan and Egypt. The contemporary discourse focuses on these territories, constituting 22pc of historical Palestine, suggesting their consolidation into a Pa­­lestinian state divided into two regions: the West Bank and Gaza, with Israel situated between them.

The fragmented nature of the proposed Palestinian state calls into question the effectiveness of the two-state solution as a path to peace.

The fragmented nature of the proposed Palestinian state, combined with the historical context of territorial conquest and occupation, suggests that such a solution might not align with the aspirations or best interests of the Palestinian people. Instead, it could perpetuate the conflict rather than resolve it, calling into question the effectiveness of the two-state solution as a path to lasting peace in the region.

The stance of the Palestinian Authority and the international community’s approach to the Pales­tinian issue is fundamentally flawed and in dire need of a transformative re-evaluation. The reliance on archaic paradigms and the use of terminology steeped in colonial history has significantly constricted the breadth of institutional thinking.

In our pursuit of peace, a fundamental principle must prevail: the inevitability of two communities living in harmony, side by side, rather than merely alongside each other. This necessitates a departure from the politics of division, where animosity towards differences shapes the framework for peace negotiations.

We must adopt a new perspective, one that views diversity not as a source of conflict but as an attribute to be celebrated. The persistence of this conflict only compounds the challenge of achieving peace. True peace cannot be attained through the segregation of communities or the division of territories. Instead, it requires an embrace and celebration of our differences, which, in turn, can heal the divisions and bring communities together.


Many Palestinians have shifted their perspective on the two-state solution, moving away from viewing it as a viable resolution to their situation. Instead, there’s a growing demand for rights within the state of Israel itself, attracted by its highly advanced healthcare system, sophisticated education opportunities, and the potential for a better quality of life. This emerging movement, which seeks integration and equal rights within Israel, poses a challenge to the foundational Zionist ideology of a Jewish state, and is thus seen by Israel as an existential threat.

Despite the potential of this approach to pave a new path towards peace, it has yet to be embraced by any of Palestine’s political parties as a strategic platform or included in their manifestos. While individual politicians across the spectrum might support the idea in principle, there’s a noticeable absence of collective political will to advocate for it as a party policy.

This reluctance reflects a broader reluctance to engage with what Palestinian youth envision for their future: a society not segregated by differences but united in diversity. The lack of political acknowledgment and action towards this vision underscores a significant gap in addressing the aspirations and rights of Palestinian youth in the ongoing dialogue about peace and reconciliation in the region.

In debates at the International Court of Justice about the legitimacy of the Palestinians’ armed struggle in their quest for liberation, it’s recognised that international law permits armed resistance for liberation. Yet, empirical evidence from the Israeli-Palestinian conflict suggests that violence has been ineffective in resolving the dispute and establishing lasting peace.

This reality necessitates a clear differentiation between the act of armed resistance and the overarching aim of achieving peace, particularly in the context of the Israeli-Palestinian situation. This differentiation underscores the urgency for a strategic reassessment that decouples the goals of peace and liberation, proposing that their separation might foster more effective and peaceful resolutions.

The presence of Zionists, now deeply rooted across several generations without a ‘metropole’ to return to, underscores the need for a resolution that accommodates the coexistence of both communities. The ongoing cycle of violence only serves to distance the prospect of peace, emphasising the importance of seeking non-violent pathways to reconciliation.

Palestinian intellectual Sari Nusseibeh’s call to reconsider the pursuit of a separate Palestinian state through further division and conflict brings to light the necessity of envisioning peace beyond the framework of liberation. His insights reveal how partition has evolved beyond its original intentions, perpetuating a cycle of division that hinders the peace process.

To move forward, it’s crucial to conceptualise peace independently from the notion of liberation, focusing on strategies that foster cohabitation and mutual respect. This approach involves a fundamental shift in perspective, advocating for solutions that prioritise the well-being and harmony of all individuals in the region, rather than perpetuating a cycle of division and conflict.

By redefining the path to peace in such terms, there is hope for a future where coexistence and mutual understanding prevail over the legacies of partition and strife.

The writer teaches at Quaid-i-Azam University and is associated with Bloomsbury Pakistan.


Published in Dawn, March 1st, 2024
World clamours for probe into Gaza aid distribution carnage

Pakistan denounces Israel’s "mass starvation policy"; 
West condemns killings, Tel Aviv pressed for answers.
Published March 2, 2024 


GAZA: Global condemnation flowed on Friday after Israeli forces in war-ravaged Gaza opened fire on Palestinian civilians scrambling for food aid during a chaotic incident.

This recent surge in violence escalated the Palestinian casualty figure in the nearly five-month conflict to over 30,000 deaths, with an additional 70,000 wounded, as reported by the Gaza Health Ministry.

Gaza’s health ministry called it a “massacre” and said 112 people were killed and more than 750 others wounded.

Although the Israeli military claimed a “stampede” occurred when thousands of desperate people surrounded a convoy of 38 aid trucks, leading to dozens of deaths and injuries, sources acknowledged that troops had opened fire on the crowd.



Pakistan denounces Israel’s ‘mass starvation policy’; West condemns killings, Tel Aviv pressed for answers

Aerial images released by the Israeli army showed what it said were scores of people surrounding aid trucks in the city.

Ali Awad Ashqir, who said he had gone to get some food for his starving family, told AFP he had been waiting for two hours when trucks began to arrive.

Pakistan also joined the chorus of condemnations, with FO Spokesperson Mumtaz Zahra Baloch denouncing the attack as “a blatant disregard for civility and international humanitarian law and Israel’s deliberate and inhumane policy of mass starvation.”

She reiterated Pakistan’s demand for an immediate ceasefire, the lifting of the cruel siege, and the unobstructed delivery of humanitarian aid to Gaza’s populace.

Calls for probe

The EU’s two top chiefs said Friday they were “shocked” and “deeply disturbed” by the deaths and demanded an investigation.

“Shocked and repulsed by yesterday’s killing of innocent civilians in Gaza while desperately waiting for humanitarian aid,” European Council President Charles Michel posted on X.



Meanwhile, European Commission chief Ursula von der Leyen said she was “deeply disturbed by images from Gaza” and added that “every effort must be made to investigate what happened”.



The White House also called the deaths “tremendously alarming”.

State Department spokesperson Matthew Miller told reporters the United States was “urgently seeking additional information on exactly what took place”.

Washington will be monitoring an upcoming investigation closely and “pressing for answers”, he said.

German Foreign Minister Annalena Baerbock on Friday also asked Israel to conduct a thorough investigation into the deaths.

“The Israeli army must fully investigate how the mass panic and shooting could have happened,” Baerbock wrote on X, formerly Twitter, also calling for a “humanitarian ceasefire”.



France, too, called for an independent inquiry into the deaths during aid delivery, Foreign Minister Stephane Sejourne said Friday.



China said on Friday it “strongly condemns” the killing of scores of Palestinians during an aid delivery in the northern Gaza Strip.

“China is shocked by this incident and strongly condemns it,” foreign ministry spokeswoman Mao Ning said.



Turkiye accused Israel of committing “another crime against humanity” and condemning Gazans to “famine” as civilians scavenge for dwindling supplies of food.

Italian Foreign Minister Antonio Tajani called for an “immediate ceasefire” in Gaza and urged Israel to protect the Palestinian population after the “tragic deaths”.

Prime Minister Giorgia Meloni also expressed her “deep dismay and concern” over the violence.



Saudi Arabia’s foreign ministry condemned the deaths and reiterated “the need to reach an immediate ceasefire”.



Published in Dawn, March 2nd, 2024

Header image: Palestinians who were wounded in Israeli fire while waiting for aid, according to health officials, lie on beds at Al Shifa hospital in Gaza City on March 1, 2024. — Reuters

The United States and Israel as International Outliers, Outlaws, and Losers


 
 MARCH 1, 2024
Facebook

Photograph Source: U.S. Embassy Tel Aviv – CC BY 2.0

If you were a bookmaker taking bets on the position of the United States in the world today, you should take into consideration three recent events. The world’s post-World War II dominant power just lost three times internationally, once politically and twice legally. Losing three times before important international institutions is not a demonstration of hegemonic strength. The three defeats reflect how the United States, and its Middle East proxy Israel, could be losing whatever moral authority they have left.

It is one thing for a country to go against the flow and to be an outlier; it is another to go against international law and to be an outlaw. The United States and Israel are both political outliers and international legal outlaws.

The February 20 veto by the United States of a Security Council resolution calling for an Israeli ceasefire in Gaza highlighted the political isolation of the United States and Israel. The U.S. was the sole country voting against the resolution. Voting for the resolution and against the United States were such traditionally U.S.-friendly countries as France, Japan, Switzerland, Republic of Korea, and Malta.

Algeria sponsored the latest ceasefire resolution. Before the vote, Algeria’s U.N. Ambassador, Amar Bendjama, told the Council: “A vote in favor of this draft resolution is a support to the Palestinians right to life. Conversely, voting against it implies an endorsement of the brutal violence and collective punishment inflicted against them.” With this veto, the United States continues to defend Israel before the Security Council in an isolated manner; it has vetoed resolutions criticizing Israel over forty times since 1945. The latest U.S. veto was its third in the Security Council about Israel and Gaza.

The fact that the United States steadfastly defends Israel before the Security Council in the face of the International Court of Justice’s (ICJ’s) recognition of Israel’s “plausible” genocide places the U.S. as a political outlier. The final Council vote on the Algerian resolution was 13-1. The U.K. abstained, avoiding a unanimous U.S. defeat in the 15-member Council. “It is awfully embarrassing for the Americans,” Richard Gowan, the U.N. director of the International Crisis Group, said. “They have had to use a veto just days before the Security Council meeting commemorating Russia’s all-out assault on Ukraine,” he added. “That will simply fuel talk about U.S. double standards” as well as isolation; double standards and a loss of moral authority.

An outlaw legal example is Israel’s refusal to participate orally in an ICJ Advisory Opinion hearing February 19-26 called for by a 2022 U.N. General Assembly resolution. The subject was the “Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.” Fifty-two countries and three organizations presented, the largest number of parties to participate in any single ICJ case since 1945. Israel did not participate in the oral hearings, only submitting a 5-page written statement.

Israeli Prime Minister Netanyahu called the case “despicable” and “disgraceful.” But over fifty countries and three international organizations did think it worthwhile to go to The Hague to present oral arguments about the legality of Israel’s occupation of Palestinian territories.

And once again the United States defended Israel against a large majority. According to the Washington Post, “A lawyer for the Palestinians said the United States was ‘the only state besides Fiji to defend Israel’ during the proceedings.” The New York Times reported that “a few speakers at the court, including those from the United States, Britain and Hungary, have sided with Israel.” The rest of the speakers, over fifty, spoke for Palestine. As the eminent international jurist Philippe Sands argued for Palestine: “The function of this court – of these judges, of you – is to state the law: to spell out the legal rights and obligations that will allow a just solution in the future.”

The major recent U.S. legal rebuff was the ICJ’s provisional measures in the South Africa v Israel case. The question of American complicity in Israel’s “plausible” genocide will not go away. As Richard Gowan pointed out in relation to Russia’s aggression against Ukraine, “The more the United States unequivocally backs Israel, the weaker its arguments sound against Russia.”

What is next? An advisory opinion is not binding. On the other hand, the Court’s 15-2 decisions in South Africa v. Israel are binding. Among the provisional measures the Court ordered was that Israel submit a report to the Court within one month of all activities it has conducted to implement the provisional measures. Israel is legally obligated to comply with the preliminary measures as a signatory to the Genocide Convention.

As a reminder: The ICJ ordered Israel to refrain from all acts prohibited under the Genocide convention, prevent, and punish the direct and public incitement to genocide. The fourth order obliged Israel to take immediate steps to “enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.” (Italics added)

What has happened to the provisional measures? The Guardian pointed to the humanitarian aid provisional measure as the one Israel is most evidently in egregious breach: “The most serious infraction has occurred over the order concerning aid,” it reported. “The UN office for the coordination of humanitarian affairs [OCHA] reported on 5 February: ‘In the northern Gaza and Gaza governorates, the humanitarian situation has reached an exceedingly critical state, exacerbated by existing restrictions that impede the delivery of essential aid.’”

Following a February 12 request by South Africa for urgent measures for effective implementation of the provisional measures, the ICJ said in a February 15 press release: “The Court notes that the most recent developments in the Gaza Strip, and in Rafah in particular, ‘would exponentially increase what is already a humanitarian nightmare with untold regional consequences’, as stated by the United Nations Secretary-General.”  However, the Court said, this “does not demand the indication of additional provisional measures.” The Court went on the say: “The Court emphasizes that the State of Israel remains bound to fully comply with its obligations under the Genocide Convention and with the said Order, including by ensuring the safety and security of the Palestinians in the Gaza Strip.” (italics added)

Among the provisional measures, the Court required Israel to submit a report by February 26 to South Africa and the Court. The report will not be public unless leaked by South Africa, the Court or Israel. Article 94(2) of the UN Charter requires all members to comply with the decisions of the ICJ in any case to which they are party. Since the ICJ has no enforcement mechanisms, non-compliance to ICJ decisions can go to the Security Council. In this case, this may happen only at the time the Court makes its final judgment, which is a long time away. The fact that the Court refused South Africa’s February 12 demand for more measures is not promising in the short run. If it is up to the Security Council to consider actions against Israel, once more the United States could veto any sanctions.

Would it be effective to go once again to the Security Council? A fourth veto? “[E]xperts say that Washington’s veto of an ICJ-approved decision could damage and undermine US President Joe Biden’s calls for others – including rivals like China and Russia – to uphold the international rules-based order,” Al Jazeera stated.

For those who don’t consider international outlaw status important, the New York Times reported on February 26 that: “Mr. Biden has said that Prime Minister Benjamin Netanyahu’s government has been ‘over the top’ in its conduct of the war in Gaza. And on Friday, Secretary of State Antony J. Blinken said that the American government was reversing a Trump administration policy and would now consider new Israeli settlements in Palestinian territories to be ‘inconsistent with international law.’”

That is what Joe Biden said. That is what Tony Blinken said. Until the United States separates itself from Israel by cutting off funding and supplying weapons, it remains complicit in “plausible” genocide. For the moment, at least, the United States and Israel are outliers, outlaws, and losers.

Daniel Warner is the author of An Ethic of Responsibility in International Relations. (Lynne Rienner). He lives in Geneva.