Thursday, August 01, 2024

 

US Sanctions Policy: Too Much Collateral Damage?

Sixty percent of low-income countries have been economically punished by the US, an in-depth report by the Washington Post has claimed.

More than a third of the world’s nations are feeling the adverse effects of some form of US sanctions. Furthermore, the burden has become such that even the bureaucrats in Washington can no longer handle the workload of maintaining such a complex web of economic penalties, the Post claimed.

Economic sanctions were first used against Washington’s adversaries in the 1990s. At that time, its Office of Foreign Assets Control (OFAC) worked from a single conference room, and were primarily responsible for tasks like “blocking American sales of Cuban cigars.”

After the 911 attacks in 2001, the use of sanctions exploded. Currently, sanctions imposed by the US are three times that of any other country. These penalties target “a third of all nations with some kind of financial penalty on people, properties or organizations,” the newspaper noted, including 60% of the world’s low-income countries.

Anonymous sources from the offices of OFAC told the Post that the exponential growth of the sanctions has become essentially unmanageable. As companies seek to avoid criminal charges for sanctions violations, OFAC is deluged with “tens of thousands of requests from the private sector.” In an effort to ensure all violators are punished the Biden administration reportedly outsourced to nonprofits decisions regarding which entities are to be sanctioned.

Demands by OFAC staffers to curb the propensity towards increased sanctions have been rebuffed by Treasury and State department senior management.

“The abuse of this system is ridiculous, but it’s not Treasury or OFAC’s fault,” Caleb McCarry, a former State Department official, told the newspaper. “They want relief from this relentless, never-ending, you-must-sanction-everybody-and-their-sister, sometimes literally, system,” he continued, adding that “it is way, way overused, and it’s become out of control.”

History tells us that US sanctions often fall short of their intended objective. George W. Bush’s sanctions on North Korea did not prevent Pyongyang from developing nuclear capability; Barack Obama’s sanctions on Syria did not remove Bashar al-Assad from power; Donald Trump’s sanctions on Venezuela failed to instigate Nicolas Maduro being toppled and Joe Biden’s sanctions on Russia – numbering more than 6,000 in two years – have failed to cripple the latter’s economy or bring an end to Russia’s military operation in Ukraine.

A country like Russia with a reasonably developed economy has managed to weather the sanctions and still grow its economy. Other nations with much less economic capacity have been less fortunate. Starvation has been an ever-present threat in North Korea since the late 1990s, while Trump’s sanctions on Venezuela precipitated a major economic contraction. And depending upon one’s source, the latter is said to be responsible for the deaths of thousands between 2017 and 2019. (There are not really reliable sources for the latter’s numbers.)

“The mentality, almost a weird reflex, in Washington has just become: If something bad happens, anywhere in the world, the US is going to sanction some people. And that doesn’t make sense,” Ben Rhodes, a former adviser to Barack Obama, told the Washington Post. “We don’t think about the collateral damage of sanctions the same way we think about the collateral damage of war, but we should.”

The merit of sanctions in the face of Russian aggression is not only understandable but likely warranted. But the caveat is when they are so pervasive as to affect innocent countries and their people without producing the desired effect. It is this circumstance that creates problems for the US in its effort to maintain global economic and political hegemony while fostering needed leadership in the world.

After more than two years of escalating sanctions designed to cripple the Russian economy, the war in Ukraine continues apace with human and material costs mounting daily. Moreover, the IMF reports that the Russian economy continues to grow and at a rate faster than expected.

After months of discussions over whether to confiscate Russian assets frozen in the West, G-7 nations decided in mid-June to use the future proceeds of those assets to provide a $50 billion loan to Ukraine. The decision, however, was difficult to reach as the EU felt the bulk of the liability rested with them, and especially on European companies.

But that G-7 decision may leave Western companies still operating in Russia, especially those from Europe footing the bill for funding Ukraine. According to data collected by the Kyiv School of Economics and analyzed by Armin Steinbach, a nonresident fellow at the Brussels-based think tank Bruegel, European Union and U.S. companies have pulled out around 40 percent of their Russian assets since February 2022. Foreign assets worth around $194 billion are still in Russia. Of these assets, $32 billion worth are owned by U.S. companies, while $90 billion belong to European companies, the data showed.

The corporate exodus of around 1,000 foreign companies from Russia since its 2022 invasion of Ukraine has cost them more than $107 billion in write-downs and lost revenue, according to a Reuters analysis of company filings and statements published at the end of March.

 

The Biden administration’s plan to punish Russia for its invasion of Ukraine has produced dismal results.

And I suppose the best laid plans often fail to produce the results anticipated. But what is now being disclosed is something other than the effect of punishing another country for violating international law. The US-led sanctions effort is punishing countries not a party to the conflict in Ukraine. The unintended damage to low-income countries economically punished by the US could very well result in damage (unintended or otherwise) to the US economically and geopolitically.

There are several reasons to be concerned about the Post report. Certainly, the impact on low-income countries is untenable for two reasons: We are punishing the wrong people, and the latter can ill afford the additional burden we have placed on them. Moreover, and this second issue is tied to the first, global political dynamics are changing. Asia, Africa and South America are seeking a greater voice in geopolitical affairs, and multipolar forums like the BRICs are gaining traction with the above regions. The low-income countries mentioned in the Post article predominate in those regions. Washington must more carefully weigh the potential consequences of its actions in its foreign policy initiatives. American foreign policy must have as an implied goal:

…to maintain America’s economic and political hegemony and thus leadership in the world – not work against it.

Consequences from foreign policy initiatives like the sanctions must be calculated so as to have the intended effect without the unintended collateral damage. It is the latter which can potentially cause more damage to America than that on our intended target. This is precisely what the Post article is about. East Asia and the Global South are waiting and watching to see what the US does in the new emerging geopolitical environment. They are already being presented with alternative schemes to the US “Greenback” and rival multipolar organizations to help them economically and politically. And some of them are listening.

I am Director of The Fulcrum Institute, a new organization of current and former scholars in the Humanities, Foreign Affairs and Philosophy, Situated in Houston, Texas, USA. The “Institute”  focuses on the foreign policy initiatives of Europe as it relates to the economic and foreign policy initiatives of the US, UK, China and Russia. Our primary interest is in working towards an economic and political world in which more voices and fewer bombs are heard. (The website-URL will be live by late fall of 2024. The web address will be http://www.thefulcruminstitute.org.).

 

Assange, CIA Surveillance and Spain’s Audencia Nacional

The sordid story on the CIA-backed operation against the WikiLeaks publisher Julian Assange during his time cramped in London’s Ecuadorian Embassy continues to froth and thicken. US officials have persisted in their reticent attitude, refusing to cooperate with Spain’s national high court, the Audiencia Nacional, regarding its investigation into the Agency’s espionage operations against the publisher, spearheaded by the Spanish security firm Undercover (UC) Global.

Since 2019, requests for assistance regarding the matter, including querying public statements by former CIA director Mike Pompeo and former head of counterintelligence, William Evanina, along with information mustered by the relevant Senate Intelligence Committee, have been made to US authorities by judges José de la Mata and Santiago Pedraz. These have been treated with a glacial silence.

On December 12, 2023, the General Subdirectorate of International Legal Cooperation furnished the US authorities “an express announcement” whether such judicial assistance would be denied.

Spain’s liaison magistrate in the US, María de las Heras García, duly revealed that the tardiness to engage had been occasioned by ongoing legal proceedings being conducted before the US District Court of the Southern District of New York.  As Courtney E. Lee, trial attorney at the US Justice Department’s Office of International Affairs explained, supplying Spain’s national high court with such information would “interfere” with “ongoing US litigation”.  Hardly a satisfactory response, given requests made prior to the putative litigation.

The litigation in question involved a legal suit filed in the US District Court of the Southern District of New York by civil rights attorney Margaret Ratner Kunstler, media lawyer Deborah Hrbek, and journalists John Goetz and Charles Glass.

In their August 2022 action, the complainants alleged that they had been the subject of surveillance during visits to Assange during his embassy tenure, conduct said to be in breach of the Fourth Amendment.  The plaintiffs accordingly argued that this entitled them to money damages and injunctive relief from former CIA director Mike Pompeo, the director of the Spanish security firm Undercover (UC) Global David Morales, and UC Global itself.

On December 19, 2023 District Judge John G. Koeltl granted, in part, the US government’s motion to dismiss while denying other portions of it.  The judge accepted the record of hostility shown by Pompeo to WikiLeaks openly expressed by his April 2017 speech and acknowledged that “Morales was recruited to conduct surveillance on Assange and his visitors on behalf of the CIA and that this recruitment occurred at a January 2017 private security industry convention at the Las Vegas Sands Hotel in Las Vegas, Nevada.”

The litigants found themselves on solid ground with Koeltl in the finding that they had standing to sue the intelligence organisation. “In this case, the plaintiffs need not allege, as the Government argues, that the Government will imminently use their information collected at the Ecuadorian Embassy in London.”   The plaintiffs would “have suffered a concrete and particularized injury fairly traceable to the challenged program and redressable by favorable ruling” if the search of the conversations and electronic devices along with the seizure of the contents of the electronic devices were found to be unlawful.

The plaintiffs also convinced the judge that they had “sufficient allegations that the CIA and Pompeo, through Morales and UC Global, violated their reasonable expectation of privacy in the contents of their electronic devices.”  But they failed to convince Koeltl that they had a reasonable expectation of privacy regarding their conversations with Assange, given the rather odd reasoning that they were aware the publisher was already being “surveilled even before the CIA’s alleged involvement.”  Nor could such an expectation arise given the acceptance of video surveillance of government buildings.  Problematically, the judge also held that those surrendering devices and passports at an Embassy reception desk “assumed the risk that the information may be conveyed to the Government.”

Sadly, Pompeo was spared the legal lash and could not be held personally accountable for violating the constitutional rights of US citizens.  “As a presidential appointee confirmed by Congress […] Defendant Pompeo is in a different category of defendant from a law enforcement agent of the Federal Bureau of Narcotics.”

In February this year, US Attorney Damian Williams and Assistant US Attorney Jean-David Barnea clarified the Agency’s line of response in a submission to Judge Koeltl.  “Any factual inquiry into these allegations – whether they are true or not – would implicate classified information, as it would require the CIA to reveal what intelligence-gathering activities it did or did not engage in, among other things.”  As the agency could not “publicly reveal the very facts over which it is seeking authorization to assert the State Secrets Privilege, it is not able to respond to the relevant allegations in the complaint or to respond to any discovery requests pertaining to those allegations.”

Richard Roth, an attorney representing the four litigants, found this reasoning bemusing in remarks made to The Dissenter.  “From our vantage point, we cannot imagine how there is any privilege at all that relates to proprietary information of American citizens who visited the Ecuadorian embassy.”

In April, CIA director William J. Burns sought to further draw the veil in submitting a “classified declaration” defining “the scope of the information” concerning the case, claiming it satisfactorily explained “the harm that reasonably could be expected to result from the unauthorized disclosure of classified information.”  For those in such lines of work, alleged harm has no quantum or sense of proportion.

Again, Roth was unimpressed, issuing a reminder that this case had nothing to do with “terroristic threats to destroy America that were uncovered through technology or a program that must never be disclosed or else the threat will succeed.”  The case, importantly, concerned the CIA’s search and seizure of cell phone and laptop devices in the possession of “respected American lawyers and journalists, who committed no crime, and who have now stood up against the loss of liberties and the government’s intrusion into their private lives by copying the contents of their cell phones and laptops.”

As long as the Agency stifles and drags out proceedings on the grounds of this misused privilege, the Justice Department is bound to remain inert in the face of the Spanish investigatioFacebook

Binoy Kampmark was a Commonwealth Scholar at Selwyn College, Cambridge. He lectures at RMIT University, Melbourne. Email: bkampmark@gmail.comRead other articles by Binoy.

 

Stranglehold of Imperialism: Inflicting Hunger and Hardship in Africa

In late June, Kenyan President William Ruto backtracked on a tax-hiking finance bill after protests left at least 20 people dead and more than 150 injured when police opened fire with live ammunition.

According to Patrick Gathara of The New Humanitarian, the youth-led protests were triggered by a range of proposed new taxes that will increase the financial burden on families already struggling with rising prices.

In response to the ongoing nationwide protests that led up to the aforementioned incident, Ruto said he would withdraw the bill as “members of the public insist on the need for us to make more concessions. The people have spoken.”

Fine words, but Amnesty International had previously reported that 21 social media activists had been abducted by state security agents as the government moved to curb the growing dissent.

Ruto has withdrawn the bill and sacked cabinet members to appease the demonstrators. Whether it will remains to be seen.

Triggering a multi-trillion-dollar debt crisis

In 2021, an Oxfam review of IMF COVID-19 loans showed that 33 African countries were encouraged to pursue austerity policies. This, despite the IMF’s own research showing austerity worsens poverty and inequality.

Days into the shutdown of the global economy in April 2020, the IMF and World Bank were facing a deluge of aid requests from countries in the Global South. Apparently, financial institutions had $1.2 trillion to lend.

Prior to that, in late March, World Bank Group President David Malpass said that poorer countries would be ‘helped’ to get back on their feet after the lockdowns.

However, such ‘help’ would be provided on condition of the acceptance of a booster shot of neoliberalism:

For those countries that have excessive regulations, subsidies, licensing regimes, trade protection or litigiousness as obstacles, we will work with them to foster markets, choice and faster growth prospects during the recovery.

Two years later, in an April 2022 press release, Oxfam International insisted that the IMF must abandon demands for neoliberal-driven austerity as hunger and poverty continued to increase worldwide.

According to Oxfam, 13 out of the 15 IMF loan programmes negotiated during the second year of the COVID event required new austerity measures such as taxes on food and fuel or spending cuts that could put vital public services at risk. The IMF was also encouraging six additional countries in Africa to adopt similar measures.

Kenya and the IMF agreed a $2.3 billion loan programme in 2021, which included a three-year public sector pay freeze and increased taxes on cooking gas and food. More than three million Kenyans were facing acute hunger as the driest conditions in decades spread a devastating drought across the country. Oxfam said nearly half of all households in Kenya were having to borrow food or buy it on credit.

It was similar in Cameroon, Senegal and Surinam, for example, which were required to introduce or increase VAT, a tax that disproportionately impacts people living in poverty.

In Sudan, nearly half of the population live in poverty, but it was directed to scrap fuel subsidies, which would hit the poorest hardest.

Oxfam and Development Finance International also revealed that 43 out of 55 African Union member states face public expenditure cuts totalling $183 billion between 2022 and 2027.

Many governments are nearing debt default and being forced to slash public spending to pay creditors and import food and fuel. The world’s poorest countries were due to pay $43 billion in debt repayments in 2022, which could otherwise cover the costs of their food imports.

Oxfam has shown that low- and middle-income countries paid $106 billion in debt repayments and interest to G7 countries in 2023.

In a recent article, journalist Thin Lei Win shared a comment from Professor Raj Patel, member of the International Panel of Experts on Food Systems (IPES-Food). He is reported as saying:

Debt servicing at these insane interest rates is making it even harder for countries to make sure the hungry are fed. In Kenya, a neoliberal government has met its citizens’ hunger not with food but with violence and tax increases. This is, alas, an augury of the world to come.

According to the recently released report The State of Food Security and Nutrition in the World, one in 11 people went hungry in 2023 and more than one in four were cutting back on the quantity and quality of the food they consume.

One in five people faced hunger and more than a half were eating less or nothing at all for days at a time.

Thin Lei Win notes that soaring inflation and stagnant incomes have put healthy food out of reach for many people, while a reliance on global markets to feed the population has made them hostages to either spiking import bills or market volatility.

Solutions

Aside from releasing nations from their heavy debt burdens, the solution involves boosting the resilience of local food systems. With nearly 30% of the world food insecure and 42% unable to afford a healthy diet, it is essential to challenge and move away from a global food regime that relies on corporate-controlled supply chains, creates food insecurity (not least in Africa: see the online article Destroying African Agriculture) and uses debt and dependency to leverage compliance with the demands of powerful agribusiness conglomerates.

That much is made clear in the new report Food From Somewhere (IPES-Food) that argues for building food security and resilience through ‘territorial markets’. It notes that the past three years have seen big cracks emerge in global commodity markets and corporate-controlled supply chains resulting in supply chain chaos, lost harvests, volatile food prices and empty shelves.

The authors say:

Feeding a hungry world requires resilient and robust food systems. In this comprehensive review, IPES-Food finds that a fundamental shift towards close-to-home food supply chains (‘territorial markets’) offers a more resilient, robust and equitable approach to food security.

The report notes that a wide variety of vibrant food provisioning systems exist beyond corporate-controlled supply chains:

From public markets and street vendors to cooperatives, urban agriculture to online direct sales, food hubs to community kitchens; territorial market channels are contributing to feeding as much as 70% of the world’s population every day. They are based around small-scale prducers, processors and vendors, rooted in territories and communities, and play multiple roles within them. Yet they are continuously overlooked.

Territorial markets are the backbone of food systems in many countries and regions, and the report highlights how they build resilience on multiple fronts, including ensuring access to seasonal, diverse, more nutritious foods and diets, demonstrating high degrees of resilience and adaptability to shocks, providing decent prices and steady incomes for small-scale producers and enhancing environmental sustainability by promoting low-input, biodiverse farming.

They also sustain traditional food cultures and foster community connections, solidarity and social capital.

However, governments are propping up fragile, disaster-prone global supply chains through agricultural subsidies, trade and investment agreements, tax breaks and food supply infrastructure skewed towards large-scale, industrial export agriculture.

The report adds:

At the same time, corporate power continues to grow, eroding traditional practices and food cultures, co-opting local and territorial chains and reshaping diets around staple commodities and ultra-processed foods.

It concludes that public procurement and state purchasing should be redirected to schemes that support sustainable small-scale producers and subsidies should be shifted to invest in the infrastructure, networks and people that underpin territorial markets, including public marketplaces, collectives and cooperatives.

Moreover, local markets need to be protected from corporate co-optation. This involves breaking up supply chain monopolies and encouraging sustainable, biodiverse farming practices and diverse healthy diets.

By moving towards food sovereignty in this way, we can not only avert future food crises and the ramping up of a debt-trap strategy but also challenge a food regime that has its roots in a persistent colonialism and imperialism facilitated by the imposition of neoliberal trade policies and World Bank/IMF directives at the behest of global agribusiness interests.FacebookTwitterRedditEmail

CST Research carries out research into food, agriculture and development issues. Read other articles by CST Research.

7 Ways that Canada Must Support the ICJ Decision on Israel

Earlier this month, the International Court of Justice (ICJ) finally concluded that Israel’s occupation of Palestine is illegal and must end immediately. This was a massive ruling from the world’s top court that affirmed what Palestinians, UN experts, and human rights groups have been saying for decades. But what does it mean for Canada?

Last week, CJPME sent a letter to Prime Minister Trudeau, urging him to take 7 concrete steps to align Canadian policy with international law as outlined in the ICJ advisory opinion. Below, we will outline these steps and answer several other key questions.

For the full analysis, read CJPME’s letter here, or listen here to our Palestine Debrief podcast episode with former UN Special Rapporteur Michael Lynk. Stay tuned for further actions as we continue to pressure Canada to uphold international law.

Is this related to the ICJ’s genocide case against Israel?

No, the ICJ’s Advisory Opinion is unrelated to the ongoing genocide case probing Israel’s actions in Gaza, which was initiated by South Africa in December 2023. Instead, the origins of the ICJ’s Advisory Opinion date back to Fall 2022, when the United Nations asked the ICJ to give its opinion on the legal implications of Israel’s prolonged occupation, settlement activities, and annexation of Palestinian territory. In other words, the ICJ was asked to provide an answer to the question: Given Israel’s illegal actions, is the occupation itself illegal?

What did the ICJ conclude?

The ICJ determined that Israel’s continued presence in the occupied Palestinian territory (OPT) is unlawful, and that Israel is obliged to end its illegal presence “as rapidly as possible.” This includes the West Bank, East Jerusalem, and Gaza.

The ICJ also determined that:

  • Israel’s actions amount to the annexation of large parts of the OPT;
  • Israel is committing apartheid against Palestinians in the OPT;
  • Israel is obliged to provide full reparation for the damage caused, including through the return of land and property, the evacuation of all settlers, and allowing displaced Palestinians to return to their homes;
  • All states, including Canada, are obliged “not to render aid or assistance” in maintaining Israel’s illegal occupation, including through trade or investment relations.

How has Canada responded so far?

To date, Canada has only said that Israel should “respond substantively to the ICJ’s advisory opinion,” and called for a reversal of settlement expansion. This is small progress, as Canada had voted against the original UN motion and tried to discourage the ICJ from taking this case in the first place. Nonetheless, it does not go nearly far enough.

How can Canada support the ICJ ruling?

1. Canada must support efforts by the UN to end Israel’s illegal presence in the OPT

The ICJ urged the United Nations to “consider what further action is required to put an end to the illegal presence of Israel” in the OPT. It further said that all states (including Canada) must cooperate with these efforts.

Canada is therefore obliged to assist the UN in bringing an end to Israel’s illegal occupation. As such, Canada should support all initiatives that affirm the ICJ opinion and seek Israel’s compliance, including co-sponsoring and voting in support of UN resolutions. Canada must also urge the United States not to veto any resolutions that may come before the Security Council on this matter.

2. Canada must impose sanctions on Israel in response to its breach of the UN Charter

The ICJ concluded that Israel’s actions amount to the annexation of large parts of the OPT, and noted that this violates the Charter of the United Nations (which prohibits states from acquiring territory through force). This represents a major breach of a fundamental principle of international law.

When Russia attempted to annex parts of Ukraine, Canada loudly and forcefully condemned these actions as a violation of the UN Charter, and then backed up its words with a comprehensive set of sanctions targeting Russian politicians and businesses. Following this standard, Canada should impose sanctions on Israel under the Special Economic Measures Act, targeting government and military officials as well as individuals and entities tied to Israel’s illegal presence in the OPT.

3. Canada must cancel the Canada-Israel Free Trade Agreement and ban trade with Israeli settlements

The ICJ concluded that all states, including Canada, have an obligation to structure their economic relations with Israel so that they do not contribute to its illegal presence in the OPT. For example, the ICJ found that states are obliged to:

  • “abstain from entering into economic or trade dealings with Israel concerning the [OPT] or parts thereof which may entrench its unlawful presence in the territory”;
  • “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the [OPT]”; and
  • “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT].”

Unfortunately, Canada is already violating these obligations through the Canada-Israel Free Trade Agreement (CIFTA), which extends free trade benefits to the entire territory under Israeli control, thus providing a direct material benefit to help Israel maintain its settlements and occupation. To comply with its obligations, Canada must cancel CIFTA and prohibit all trade in goods and services with Israel’s settlements.

4. Canada must comprehensively address the issue of Israeli settlements

The ICJ Advisory Opinion “reaffirms that the Israeli settlements in the West Bank and East Jerusalem, and the régime associated with them, have been established and are being maintained in violation of international law.” This includes the illegal transfer of settlers into occupied territory, the exploitation of natural resources, the forcible transfer of Palestinians from their homes, and “Israel’s systematic failure to prevent or to punish attacks by settlers.”

The ICJ concluded that Israel is obliged to provide restitution for the damage caused, including the immediate “evacuation of all settlers from existing settlements” in the OPT.

CJPME has previously asked Prime Minister Trudeau to adopt a “Whole-of-Government Approach” to address Canadian complicity in the settlements, which are a war crime under Canadian law. We put forward a series of 19 recommendations across 7 ministerial portfolios, including imposing economic sanctions on the Israeli settlement economy under the Special Economic Measures Act, revoking the charitable status of organizations that transfer money to settlements, and prosecuting the promotion and sale of settlement properties. By enacting these recommendations, Canada could move significantly towards compliance with its obligations as outlined by the ICJ.

5. Canada must suspend all military trade and cooperation with Israel

The ICJ said that all states, including Canada, are obliged “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT],” and must “take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the [OPT].”

There is no question that Canada’s military trade with Israel assists in the maintenance of Israel’s unlawful occupation. The export of weapons and military technology to Israel directly supports its military control over the OPT, while the import of Israeli weapons indirectly supports the occupation by sustaining the country’s defence industry and legitimizing its testing of new weaponry on Palestinians. To ensure that it is not rendering aid or assistance to Israel’s illegal military occupation of the OPT, Canada must impose a comprehensive two-way arms embargo under the Special Economic Measures Act.

6. Canada must terminate the Canada-Israel Strategic Partnership

The ICJ asserted that all states, including Canada, are obliged “not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the [OPT].”

Canada violates this obligation through the Canada-Israel Strategic Partnership, which commits Canada to collaborate with many different branches of the Israeli state that are actively involved in maintaining its illegal occupation, including the Israeli Ministry of Defence and the Israeli Ministry of National Security. Given that Israel’s role as an illegal occupying power is premised on its military control over the OPT, there is no question that Canadian collaboration with these ministries renders aid and assistance in maintaining Israel’s illegal presence. To comply with its obligations as outlined by the ICJ, Canada must immediately terminate the Canada-Israel Strategic Partnership by sending written notice to the Israeli government.

7. Canada must recognize the State of Palestine

Unsurprisingly, the ICJ found that Israel’s actions violated the right of the Palestinian people to self-determination. Most importantly, the ICJ expressed that “the existence of the Palestinian people’s right to self-determination cannot be subject to conditions on the part of the occupying Power, in view of its character as an inalienable right.”

No more excuses: Canada must recognize the State of Palestine immediately. The Advisory Opinion is clear that self-determination cannot be left indefinitely in a state of “suspension and uncertainty” or be conditioned on the demands of the illegal occupier. The rights of the Palestinian people as outlined by the ICJ cannot be bargained or negotiated away. Canada must recognize Palestine now, and work to realize the right of self-determination by ending Israel’s illegal presence in the OPT.

CJPME’s mission is to enable Canadians of all backgrounds to promote justice, development and peace in the Middle East, and here at home in Canada. Read other articles by Canadians for Justice and Peace in the Middle East, or visit Canadians for Justice and Peace in the Middle East's website.

 

Even in Palestine, the Birds Shall Return

The Thirty-First Newsletter (2024)

Rula Halawani (Palestine), Untitled XII from the Negative Incursion series, 2002.

On 26 July, senior United Nations (UN) officials briefed the UN Security Council about the terrible situation in Gaza. ‘More than two million people in Gaza remain trapped in an endless nightmare of death and destruction on a staggering scale’, said Deputy Commissioner-General Antonia De Meo of the UN Relief and Works Agency for Palestine Refugees (UNRWA). Within Gaza, the UN officials wrote, 625,000 children are trapped, ‘their futures at risk’. The World Health Organisation has recorded ‘outbreaks of hepatitis A and myriad other preventable diseases’ and warns that it is ‘just a matter of time’ before a polio outbreak spreads amongst children. In early July, a letter in The Lancet from three scientists working in Canada, Palestine, and the United Kingdom suggested that if they applied a ‘conservative estimate of four indirect deaths per one direct death to the 37,396 deaths reported, it is not implausible to estimate that up to 186,000 or even more deaths could be attributable to the current conflict in Gaza’.

Two days before the UN Security Council meeting, on 24 July, Israeli Prime Minister Benjamin Netanyahu addressed both chambers of the US Congress. Two months before this appearance, the International Criminal Court (ICC) said it had ‘reasonable grounds to believe’ that Netanyahu bears ‘criminal responsibility for… war crimes and crimes against humanity’. This judgment was utterly set aside by elected US representatives, who welcomed Netanyahu as if he were a conquering hero. Netanyahu’s language was chilling: ‘give us the tools faster, and we’ll finish the job faster’. What is the ‘job’ that Netanyahu wants the Israeli military to finish? In January, the International Court of Justice reported a ‘plausible claim of genocidal acts’ by the Israeli army. So, is the ‘job’ that Israel wants to complete its genocide of the Palestinian people, accelerated by the increased provision of arms and funding by the US?

Shurooq Amin (Kuwait), The Moving Dollhouse, 2016.

Despite Netanyahu’s complaint that the US has not been sending sufficient weapons, in April the US government approved the sale of fifty F-15 bombers to Israel, worth $18 billion, and in early July said it would send nearly two thousand 500-pound bombs to be used in Gaza. Netanyahu wanted more then, and he wants more now. He wants to ‘finish the job’. This genocidal language is sanctified by the US government, whose representatives accompanied the call for mass murder with a standing ovation.

Outside the halls of government, tens of thousands of people protested Netanyahu’s visit to Congress. They are part of the phalanx of young people who have been involved in a cycle of protests against the Israeli genocide of Palestinians and against the US government’s total support of the violence. Netanyahu called the protestors ‘Iran’s useful idiots’, a strange statement made by a foreign guest of the citizens who were exercising their democratic rights in their own country. The police used pepper spray and other forms of violence to contain the protests, which were peaceful and righteous.

While Washington welcomed the accused war criminal, Beijing hosted representatives of fourteen Palestinian factions who came to discuss their differences and find a way to build political unity against the Israeli genocide and colonisation. Just before Netanyahu entered the Congressional chamber, the fourteen representatives posed for a photograph at the Diaoyutai State Guesthouse in Beijing. Their agreement, the Beijing Declaration, advanced their commitment to work together against the genocide and the occupation and recognised that their disunity has only helped Israel.

Charles Khoury (Lebanon), Untitled, 2020.

When the Soviet Union collapsed in 1991, a range of national liberation movements, such as those in South Africa and Palestine, were enfeebled and forced to make significant concessions in order to end conflicts with their colonisers. After several false starts, the apartheid regime in South Africa joined the Multi-Party Negotiating Forum in April 1993, which was the site of concessions made by the liberation forces (undermined by the assassination of communist leader Chris Hani that same month and by attacks from the neo-Nazi Afrikaner Weerstandsbeweging). The negotiated transfer of power through the interim constitution of November 1993 did not dismantle structures of white power in South Africa. Meanwhile, in 1993 and 1995, the Palestinian Liberation Organisation (PLO) agreed to the Oslo Accords, in which the PLO recognised the state of Israel and agreed to build a state of Palestine in East Jerusalem, Gaza, and the West Bank. Edward Said called the Oslo Accords a ‘Palestinian Versailles’, a judgment that seemed harsh at the time but which, in retrospect, is accurate.

Zaina El Said (Jordan), Ersin, 2017.

Israel used the Oslo Accords to press its advantage, mainly by building illegal settlements across Palestinian land and by denying Palestinians the right to free passage through the three non-contiguous territories. In 1994, leading groups in the PLO created the Palestinian National Authority to bring the factions together in the new state project, but the groups that had rejected the Oslo Accords did not want to manage the occupation on Israel’s behalf. In January 2006, Hamas won the largest bloc in the Palestinian legislative elections, with 74 out of the 132 seats, and by June 2007 Fatah and Hamas broke relations and ended the attempt to build a new, post-Oslo Palestinian national project.

In May 2006, from within Israel’s harsh prisons, five Palestinians who represented the five main factions drafted the Prisoners’ Document: Abdel Khaleq al-Natsh (Hamas), Abdel Raheem Malluh (Popular Front for the Liberation of Palestine), Bassam al-Saadi (Islamic Jihad), Marwan Barghouti (Fatah), and Mustafa Badarneh (Democratic Front for the Liberation of Palestine). These five factions include two left formations, two Islamist formations, and the main national liberation platform. The eighteen-point document called upon various groups (including Hamas and Islamic Jihad) to reactivate the PLO as their joint platform, accept the Palestinian Authority as the ‘nucleus of the future state’, and retain the right to resist the occupation. In June, all parties signed a second draft of the document. Despite attempts to create unity, including during the Israeli assault on Gaza known as Operation Summer Rains (June to November 2006), no such convergence was possible. The animosity between the Palestinian factions remained.

Zhang Xiaogang (China), Blindfolded Dancer, 2016.

This disunity has provided ample space for the Israeli occupation to deepen and for Palestinians to flounder without a central political project. Several attempts to bring Palestinian political groups into a serious dialogue have failed to provide any forward motion, including in Cairo in May 2011 and October 2017 and in Algiers in October 2022. Since last year, the Chinese government has worked with various regional states to invite the fourteen main Palestinian factions to Beijing for reconciliation talks. These factions are:

1. Arab Liberation Front
2. As-Sa’iqa
3. Democratic Front for the Liberation of Palestine
4. Fatah
5. Hamas
6. Islamic Jihad Movement
7. Palestinian Arab Front
8. Palestinian Democratic Union
9. Palestinian Liberation Front
10. Palestinian National Initiative
11. Palestinian People’s Party
12. Palestinian Popular Struggle Front
13. Popular Front for the Liberation of Palestine
14. Popular Front for the Liberation of Palestine (General Command)

The Beijing Declaration, repeating the formulations in the Prisoners’ Document, called for a Palestinian state to be established, for Palestinians’ right to resist the occupation to be respected, for Palestinian political groups to form an ‘interim national consensus government’, and for the PLO and its institutions to be strengthened in order to advance their role in the struggle against Israel. Though the declaration, of course, called for an immediate ceasefire and an end to settlement construction in East Jerusalem and the West Bank, its main focus was on political unity.

Whether this Chinese-brokered process will yield results when Palestinians sit down with Israelis is to be seen. Yet it nonetheless marks an advance in this direction and a possible turning point in the collapse of a unified Palestinian project that began in the wake of the 1995 Oslo II agreement. The Beijing Declaration is diametrically opposed to the vehemence of Netanyahu’s speech in the US Congress: the latter genocidal and dangerous, the former seeks peace in a complex world.

Halima Aziz (Palestine), Praying Palestinian Women, 2023.

Fadwa Tuqan (1917–2003), one of Palestine’s most wondrous poets, wrote ‘The Deluge and the Tree’. The fall of the tree, beaten down by the deluge, was not its end but a new beginning.

When the Tree rises up, the branches
shall flourish green and fresh in the sun,
the laughter of the Tree shall blossom
beneath the sun
and birds shall return.
Undoubtedly, the birds shall return.
The birds shall return.

The assassination of Hamas leader Ismail Haniyeh (1962–2024) in Tehran (Iran) has made the situation deeply difficult, and will make it difficult for the birds to sing.

Warmly,

Vijay\Facebook

Vijay Prashad is an Indian historian and journalist. Prashad is the author of twenty-five books, including The Darker Nations: A People’s History of the Third World and The Poorer Nations: A Possible History of the Global SouthRead other articles by Vijay, or visit Vijay's website.