Reviving the Israel-Palestine negotiations: The Indyk appointment

By Richard Falk

It was to be expected. It was signaled in advance. And yet it is revealing.

The only other candidates considered for the job were equally known as Israeli partisans: Daniel Kurtzer, former ambassador to Israel before becoming Commissioner of Israel’s Baseball League and Dennis Ross, co-founder in the 1980s (with Indyk) of the AIPAC backed Washington Institute for Near East Policy; handled the 2000 Camp David negotiations on behalf of Clinton.

The winner among these three was Martin Indyk, former ambassador to Israel (1995-97; 2000-01), onetime AIPAC employee, British born, Australian educated American diplomat, with a long list of pro-Israeli credentials.

Does it not seem strange for the United States, the convening party and the unconditional supporter of Israel, to rely exclusively for diplomatic guidance in this concerted effort to revive the peace talks on persons with such strong and unmistakable pro-Israeli credentials?Read More »

Blog ethics and politics

By Richard Falk

During this apprentice period as a blogger I have learned and relearned how difficult it is to reconcile my interest in constructive dialogue on highly contested subject-matters with sustaining a tone of civility. Especially with respect to the Palestine/Israel struggle I have periodically failed, angering especially those who feel that their support of Israel is either inappropriately rejected or ignored. This anger is turned in the direction of personal insults directed either at me or at writers of comments, which induces those at the receiving end to reply in kind, and the result is a loss of civility, which alienates many other readers who tire of such futile and mean-spirited arguments.

By way of clarification, let me acknowledge that I regards two types of interaction as satisfying my goal of ‘constructive dialogue’: conversations between like-minded on matters of shared interest; exchange of views between those who adopt antagonistic positions on an array of concerns ranging from cultural assessment to political analysis. To favor conversations with like-minded means favoring those who share my convictions with respect to the themes addressed in posts, and is viewed as ‘bias’ by those who do not share these convictions. I feel unapologetic about this encouragement of conversation among the like-minded.

Some of my harshest critics complain that I am one-sided or stifle the freedom of expression of those whose comments I exclude on grounds of civility, Read More »

Gaza: 7th year of unlawful blockade

By Richard Falk

Prefatory Note: I am posting a press release of yesterday, 14 June 2013, to take note of the start of the seventh year of the Israeli blockade. After the Mavi Marmara incident, 31 May 2010 and the more recent November ceasefire agreement between Israel and the Gaza government there was an undertaking to ease the blockade with respect to the flow back and forth of people and goods, but the situation remains desperate for the civilian population of Gaza that remains essentially locked into the Gaza Strip where economic destitution has reached epidemic extremes and where the water is mostly unfit for human consumption. The international community, and its main leaders, have commented adversely on the blockade, but nothing happens! It is this sense of powerlessness that is undermining the legitimacy and relevance of the United Nations to the suffering of the Palestinian people, and with particular relevance to the extreme ordeal of the civilian population of Gaza.

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Special Rapporteur’s report on Occupied Palestine

By Richard Falk

Prefatory Note: What follows below is the text of the report presented on 10 June 2013 to the Human Rights Council. It offers an overview of the situation from the perspective of human rights and international humanitarian law in occupied Palestine. Both Israel and the United States boycotted the session, presumably to express their displeasure with the report and my role as Special Rapporteur. UN Watch distributed a defamatory resolution calling for my dismissal from the position, and the United States delegate, Ambassador Donahue, called for my resignation. No government formally endorsed the UNW resolution, and so it was never acted upon, while I took the occasion of the press conference to confirm my unwillingness to resign, and on the contrary, to continue to do my best to reflect as honestly as possible the realities confronting the Palestinian people from the perspective of international law. In the open debate the European Union represented criticized what was called the inappropriate failure to limit my report to ‘law and facts,’ pointing particularly to what was described as ‘the political’ in paragraph 7. In that paragraph the report offers some comments on the futility of securing the Palestinian right of self-determination by way of resuming direct negotiations; by expressing such skepticism about the diplomatic track, the EU apparently regarded the assessment as political, but to my mind it was an appropriate comment on why the prospects for protecting and realizing Palestinian fundamental rights under international law are likely to remain in total eclipse.

The text below can be read in its formal context by using the link to the actual document to be found on the Human Rights Council website.
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Whose ‘Two State’ solution? End game or intermission?

By Richard Falk

From many sources there is a widespread effort to resume a peace process that has in the past led to failure, frustration, and anger, and often to renewed violence. The newly appointed American Secretary of State, John Kerry, is about to make his fifth trip to Israel since the beginning of 2013, insisting that the two sides try once more to seek peace, and warning if this doesn’t happen very soon, the prospects for an agreed upon solution will be postponed not for just a year or two, but for decades.

Kerry says if this current effort does not succeed, he will turn his attention elsewhere, and that the United States will make no further effort. So far, aside from logging the air miles, seems perversely to be responsive to Tel Aviv’s demands for land swaps to allow settlement blocs to be incorporated into Israel and to promote further Palestinian concessions in relation to security arrangements, and totally unresponsive to Ramallah’s demands for some tangible signs from the Israeli government that resumed negotiations will not be another slammed door. In this vein, Kerry’s most ardent recent plea was at the Global Forum, an annual event organized under the auspices of the American Jewish Committee. Kerry told this audience that they possessed the influence to make the peace talks happen.

Somewhat surprisingly, even Marwan Barghouti writing from prison, Read More »

Palestine/Israel: On political precondition

By Richard Falk

To the extent that diplomacy solves international problems it depends on the satisfaction of the political preconditions that must be met for negotiations between sovereign states to reach sustainable and benevolent results. To clarify the point, in situations where there is a clear winner and loser, political preconditions are irrelevant, as the winner can dictate the terms, either imposing them as was done after World War II in response to the unconditional surrender of Germany and Japan, or offering proposals on a ‘take it or leave it’ basis.

This is what Israel has attempted to do over the course of the twenty years that the Oslo Framework, the Roadmap, and the Quartet, have provided the ground rules for diplomacy with respect to Israel/Palestine negotiations.Read More »

Midest backlashes yet to come

By Sharmine Narwani

The Middle East is treading water these days. Two years of rhetoric about ousting dictators, revolution, freedom, honor, dignity, and democracy – without result – has people on edge, their disillusionment now demanding an outlet.

There are no outlets though. Sensing the fast-growing disenchantment with undelivered promises, even the “bright new leaders” are tightening the reins and demanding compliance.

These new heads of state simply can’t deliver the goods for one main reason: they are just as caught up in global and regional power contests as were their predecessors. Nothing has changed with these uprisings. Nothing!Read More »

The Chemical Weapons Charade in Syria

By Sharmine Narwani

Let us be clear. The United States can verify absolutely nothing about the use of chemical weapons (CWs) in Syria. Any suggestion to the contrary is entirely false.

Don’t take it from me – here is what US officials have to say about the subject:

A mere 24 hours after Washington heavyweights from the White House, Pentagon, and State Department brushed aside Israeli allegations of chemical weapons use in Syria, US Secretary of Defense Chuck Hagel and the White House changed their minds. They now believe “with varying degrees of confidence” that CWs have been used “on a small scale” inside Syria.

For the uninitiated, “varying degrees of confidence” can mean anything from “no confidence whatsoever” to “the Israelis told us” – which, translated, also means “no confidence whatsoever.”

Too cavalier? I don’t think so. The White House introduced another important caveat in its detailed briefing on Thursday:

“This assessment is based in part on physiological samples. Our standard of evidence must build on these intelligence assessments as we seek to establish credible and corroborated facts. For example the chain of custody is not clear so we cannot confirm how the exposure occurred and under what conditions.”

“The chain of custody is not clear.” That is the single most important phrase in this whole exercise. It is the only phrase that journalists need consider – everything else is conjecture of WMDs-in-Iraq proportions.

I asked a State Department spokesperson the following: “Does it mean you don’t know who has had access to the sample before it reached you? Or that the sample has not been contaminated along the way?”

He responded: “It could mean both.”Read More »

Reading these Palestinian prison diaries: A moral obligation

By Richard Falk

The Prisoners’ Diaries: Palestinian Voices from the Israeli Gulag
Edited by Norma Hashim, in close collaboration with the Centre for Political & Development Studies, Gaza, 2013.

Download the pdf version of Prison Diaries for USD1.99. The printed book will be available at http://www.palestinemall.net from 17 April 2013.

There are many moving passages that can be found in these excerpts from prison diaries and recollections of 22 Palestinians. What is most compelling is how much the material expresses the shared concerns of these prisoners despite great variations in writing style and background. A few keywords dominate the texts: pain, God or Allah, love, dream, homeland, steadfastness, tears, freedom, dream, prayer.

My reading of these diaries exposed me to the distinct personal struggles of each prisoner to survive with as much dignity as possible in a dank and poorly lit circumstances of isolation, humiliation, acute hostility on the part of the prison staff, including abusive neglect by the medical personnel. The diaries also confirmed that even prolonged captivity had not diluted the spirit of Palestinian resistance to Israeli occupation, but on the contrary had intensified it.

A strong impression of the overall illegitimacy of Israel’s encroachment on the most fundamental rights of the Palestinian people is also present on virtually every page.

Although not professional writers, the sentiments expressed have a special kind of eloquence arising from their authenticity and passion. A female prisoner, Sana’a Shihada, on learning that her family had been spared the demolition of their family home, describes the ordeal of her interrogation in a poetic idiom: “..the anger of the interrogators was like snow and peace to me [an Arabic saying that conveys a sense of being ‘soothing’]. I felt the pride of the Palestinians, the glory of Muslims, and the brightness of honesty. I knelt to Allah, thankfully. My tears fell on the floor of the cell, and I am sure they dug a path which those later imprisoned will be able to see.” Read More »

President Obama’s Middle East visit

By Farhang Jahanpour

After a great deal of criticism from Israeli leaders and pro-Israeli groups in the United States for not having visited Israel during his first term, President Barack Obama chose Israel as the first point of call at the beginning of his second term. Despite Israeli Prime Minister Benjamin Netanyahu’s overt interference in the US presidential election and open support for his old friend, the Republican presidential candidate Mitt Romney, Netanyahu was rewarded not only with the first visit in the second term, but also with effusive praise for Israel and its policies.

Many pundits have regarded President Obama’s visit to Israel as a wasted opportunity and indeed as a depressing spectacle, because it finally admitted the failure and the total abandonment of US mediation for a two-state solution. At the beginning of his first term, Obama gave top priority to resolving the Arab-Israeli conflict and made determined efforts to achieve that goal. In various speeches he rightly pointed out that continued settlement activity and the erosion of the remaining Palestinian territory would be an obstacle to peace, and he openly called on Israel to stop further violating international law by stealing more Palestinian land. Netanyahu’s response to all that pleading was downright rejection and deliberate provocation.Read More »