Parodies of parity: Israel and Palestine

By Richard Falk

As long ago as 1998 Edward Said reminded the world that acting as if Palestinians were equally responsible with Israelis for the persisting struggle of the two peoples was not only misleading, but exhibited a fundamental in misunderstanding of the true reality facing the two peoples: “The major task of the American or Palestinian intellectual of the left is to reveal the disparity between the so-called two sides, which appears to be in perfect balance, but are not in fact. To reveal that this is an oppressed and an oppressor, a victim and a victimizer, and unless we recognize that, we’re nowhere.” – he said in an interview with Bruce Robbins published in Social Text (1998).

I would rephrase Said’s statement by substituting ‘any engaged citizen and morally sensitive intellectual’ for ‘the American or Palestinian intellectual of the left.’

We do not need to be on the left to expose the cruel hypocrisy of suppressing gross disparities of circumstances, or more to the point, blocking out the multiple diplomatic, military, material, and psychological advantages enjoyed by Israel as compared to the Palestine. “It is elementary, my dear Watson!” as Sherlock Holmes so often exclaimed, or at least it should be.

Unfortunately, a principal instrument of the mind numbing diplomacy of the United States is precisely aimed at avoiding any acknowledgement of the disparity that at the core of the encounter. As a result, the American public is confused as to what it is reasonable to expect from the two sides and how to interpret the failure of negotiations to get anywhere time and again. Read More »

The Semantics of struggle

Richard Falk

By Richard Falk

Words Against the Grain

While reporting to the UN on Israel’s violation of basic Palestinian rights I became keenly aware of how official language is used to hide inconvenient truths. Language is a tool used by the powerful to keep unpleasant realities confined to shadow lands of incomprehension.

Determined to use the rather modest flashlight at my disposal to illuminate the realities of the Palestinian ordeal as best I could, meant replacing words that obscure ugly realities with words that expose as awkward truths often as possible. My best opportunity to do this was in my annual reports to the UN Human Rights Council in Geneva and the General Assembly in New York.

My courageous predecessor as Special Rapporteur, John Dugard, deserves credit for setting the stage, effectively challenging UN complacency with language that looked at the realities lurking below the oily euphemisms that diplomat seem so fond of.

Of course, I paid a price for such a posture as did Dugard for me. Your name is added to various black lists, and doors once open are quietly closed. If the words used touched enough raw nerves, you become a target of invective and epithets. In my case, this visibility meant being called ‘an anti-Semite,’ even ‘a notorious anti-Semite,’ and on occasion ‘a self-hating Jew.’

Strong Zionist pressures have now been brought to induce legislative bodies in the United States to brand advocacy of BDS or harsh criticism of Israel as prohibited form of ‘hate speech.’ In April of this year pressures broad to bear by the British Jewish Board of Deputies led the University of Southampton to cancel a major academic conference on the Israel/Palestine conflict.

In relation to Israel’s treatment of the Palestinians, the clarifying/offending words are ‘apartheid,’ ‘ethnic cleansing,’ ‘settler colonialism,’ and ‘annexation.’ The UN evades such invasions Read More »

Apartheid and the Palestinian National Struggle

Richard Falk

By Richard Falk

Editor’s note
This is a grand essay on the dimensions, history, structures of the Middle East/Palestine-Israeli-Western conflict over about 100 years. It is extraordinarily rich – but doesn’t cause the reader to drown in too many details. I highly recommend it to any student – young or old, journalist and politician – whose understanding of the issues may be based on the woefully biased, general account in Western mainstream media.
– Jan Oberg

Preliminary Observations

In this period when the centenary of the genocidal victimization of the Armenian people in 1915 is being so widely observed and discussed, it seems especially appropriate to call attention to the comparable victimization of the Palestinian people. This second story of prolonged collective victimization also received its jump start almost a century ago with the issuance by the British Foreign Office of the Balfour Declaration supporting the Zionist movement project of establishing a Jewish national home in historic Palestine.

The most striking difference between these two experiences of severe historical wrongs is that the Armenian people are seeking acknowledgement and apology for what was done to their ancestors a century ago, and possibly seeking reparations, while the Palestinian people may sometime in the future have the opportunity to seek similar redress for the past but now their urgent focus is upon liberation from present daily structures of acute oppression.

This Palestinian situation is tragic, in part, because there is no clear path to liberation, and the devastation of oppressive circumstances have gone on decade after decade with no end in view.

The political puzzle of the Israel/Palestine conflict continues to frustrate American policymakers despite their lengthy diplomatic engagement in the search for a peaceful future that satisfies both peoples. There are significant changes, of course, that have occurred as time unwinds.

Perhaps, the most crucial change has involved the gradual extension of Israeli control over virtually the whole of historic Palestine with American acquiescence. This coincides with a growing and more vivid awareness around the world of how much suffering and humiliation the Palestinian people have endured over the course of the last century, and the degree to which this frozen situation can be blamed on the unlimited willingness of the United States to deploy its geopolitical muscle on Israel’s behalf.

My approach to the Palestinian struggle reflects four points of departure: Read More »

TFF PressInfo 317: Yemen – The mainstream narrative is grossly misleading

By Jan Oberg, TFF director

Lund, Sweden, April 24, 2015

Double standards

A coalition led by Saudi-Arabia and supported by Western leaders has been bombing Yemen for about a month; it’s a clearcut international aggression and an extremely a-symmetric conflict.

But we’ve heard no calls for a ‘humanitarian intervention’ by NATO or a no-fly zone to prevent the now more than 1500 bombing raids from contining and hitting also civilian targets.

It’s not that international law is blatantly violated; sadly that has been seen before. It is the roaring absence of a clear condemnation by the UN, EU/NATO countries – usually calling themselves ‘the international community’ – and by the Western mainstream media.

Substance plays a minor role. What is right or wrong depends on who is doing what. This war is OK because the Saudi dictatorship and its coalition members are Western allies and armed by NATO countries.

The convenient but wrong narrative

Furthermore, the narrative has twisted this into a proxy war between Saudi-Arabia and the West on the one side and Iran, alone, on the other side blaming the latter for its alleged support to the Houthis.

It is no wonder that a group of eminent scholars on Yemen have published an open letter in Washington Post in which, among other things, they condemn the Saudi-led war on Yemen.Read More »

The “Possible Military Dimensions” Bomb That Could Blow Up the Iran Deal

Gareth Porter

By Gareth Porter

The United States and Iran may have agreed on a vague framework for resolving remaining issues between them, including the lifting of sanctions, but the final stage of the negotiations will bring a diplomatic confrontation over the sequence and timing of lifting sanctions.

And the most difficult issue in the coming talks will be how the “Possible Military Dimensions” or “PMD” – the allegations of Iranian nuclear weapons work that have been at the center of the entire Iran nuclear crisis for several years – is to be linked to lifting certain UN Security Council sanctions.

On that linkage Iran will insist that its cooperation in providing access to the International Atomic Energy Agency must be reciprocated with the lifting of certain sanctions on an agreed-upon timetable, regardless of how long the International Atomic Energy Agency (IAEA) takes to make up its mind and what judgment it renders, according to a source in close contact with the Iranian negotiating team.

The US “fact sheet” on the “parameters” of an agreement says, “All past United Nations Security Council resolutions on the Iran nuclear issue will be lifted simultaneously with the completion by Iran of nuclear related activities addressing all key concerns,” and the list that follows includes “PMD.”

However, nothing was officially agreed on in Lausanne on how Iranian cooperation with the International Atomic Energy Agency (IAEA) on the PMD issue would be linked to sanctions relief, according to the source close to the Iranian negotiators. But the source said that Read More »

Weakening the UN: The mission of Israeli Quasi-Governmental Organisations

Richard Falk

By Richard Falk

Prefatory Note
This post is the full text of my presentation at an excellent conference “The Israeli Lobby: Is it good for US? Is it Good for Israel?” National Press Club, Washington, D.C., April 10, 2015.
The conference was sponsored and organized by the editorial leadership of the magazine Washington Report, which brings together some of the best writing on the Israel/Palestine struggle. I encourage readers of this blog to look at the full conference either at the YouTube website or the audio recording at http://www.israellobbyus.org Although there were many illuminating presentations during the day, and I would call particular attention to the memorable remarks of two highly informed Israelis, Gideon Levy and – another TFF Associate – Miko Peled
.

There are no better texts for assessing the damage done to the role and reputation of the UN by the Israeli Lobby than to consider Secretary of State John Kerry’s recent statements boasting about the U.S. success in protecting Israel from criticisms arising from its non-fulfillment of responsibilities under international law and as a member of the United Nations. It should be understood that the lobby does not act in a vacuum, and its leverage is greatly enhanced in global settings to the considerable extent that its priorities overlap with the strategic and economic interests of the United States in the Middle East.

Despite the tensions with the White House associated with Netanyahu’s March speech to Congress, Kerry proudly informed an ABC TV news boradcast: “We have intervened on Israel’s behalf..a couple of hundred times in over 75 different fora.” [“This Week,” Feb. 28, 2015]. And then when addressing the Human Rights Council Kerry included a statement that could just as well been drafted by AIPAC or Israel’s ambassador to the UN: “It must be said that the HRC’s obsession with Israel actually risks undermining the credibility of the entire organization.”

And further, “we will oppose any effort by any group or participant in the UN system to arbitrarily and regularly delegitimize or isolate Israel, not just in the HRC but wherever it occurs.” [Remarks, Palais des Nations, Geneva, March 2, 2015]

What is striking about these kinds of statements by our highest ranking government officials dealing with foreign policy is the disconnect between these reassurances of unconditional support and Israel’s record of persistent disregard of its obligation under international law and with respect to the authority of the UN.Read More »

The geopolitical right of exception at the United Nations

Richard Falk

By Richard Falk

The notorious, yet influential, German jurist, Carl Schmitt famously insisted that ‘a right of exception’ was the core reality of national sovereignty. By this he meant that internal law could be put aside by ‘the sovereign,’ inhering as the crux of the relationship between state and society. In this regard international law has no overriding claim of authority with respect to sovereign states, at least from the perspective of statist jurisprudence.

This discretion to ignore or violate law is distinct from submission to law as a realistic adaptation by weak states to political realities or compliance undertaken voluntarily for pragmatic reasons of convenience and mutual benefit.

When the UN was established, it was configured, to appeal both to realist minds who were eager to show that they had learned the lesson of Munich and to those architects of international cooperation that did not want the folly of the League of Nations, seen as a politically irrelevant sanctuary for utopians and dreamers to be repeated in this newly created organization.

To achieve these ends the UN Charter vested only the UN Security Council with the power of decision (as distinct from recommendations), and limited its membership originally to nine states of which the five designated winners of World War II were given both permanent membership, and more importantly, a right of veto.

In effect, the right of veto was a constitutional right of exception embedded in the UN Charter. It formulated the master procedural rule of the Charter as one that allowed permanent members of the Security Council to block any decision that was perceived to be sufficiently against their national interests or those of its friends. Read More »

Opposing impunity for geopolitical criminality

Richard Falk

By Richard Falk

Responding to intense pressure from the usual sources William Schabas, a prominent and respected expert on international criminal law, recently resigned as Chair of the UN expert commission of inquiry into war crimes allegations arising from the massive Israeli military operations in Gaza during July and August of 2014.

These issues relating to international criminal accountability have also received recent prominence due to Palestine’s adherence to the Rome Treaty making it a party to the International Criminal Court, an initiative that generated an enraged punitive reaction on the part of Israel as well as an angry denunciation by Washington. On display in these instances is the struggle between extending the rule of law to international state crimes and the geopolitical resistance to such an effort whenever accountability to law is in tension with the pursuit of strategic interests.

Imposing international criminal responsibility upon political leaders and military commanders that occur in the aftermath of wars possesses a dual character from a geopolitical perspective: to vindicate major military undertakings of liberal democratic states and to ensure impunity for the leaders of these same states in the event that their behavior or that of their allies are alleged to be international crimes.

These efforts at vindication are associated with strengthening the global rule of law and validating the established order, while impunity is invoked to insulate powerful individuals and their governments from criminal accountability. The resulting pattern in international life is one of double standards at the level of implementation and hypocritical rhetoric about the importance of a global rule of law based on its universal applicability.

Contemporary experience with these issues is grounded in the aftermath of World War II.

In 1945 Read More »