Sunday, July 27, 2014

The cruel cease-fire charade

So far, the diplomatic effort to end the violence in Gaza has failed miserably, with Israel on Friday rejecting a cease-fire proposal from U.S. Secretary of State John Kerry. (On Saturday Israel and Hamas agreed to a 12-hour humanitarian pause in the fighting brokered by the United Nations.)

Washington’s attempt is representative of the overall failure of American policy toward the Israeli-Palestinian conflict, only on this occasion the consequences can be measured in the growing pile of dead bodies and the widespread devastation that includes numerous homes, public buildings and even artillery damage to several United Nations schools sheltering Palestinian civilians.

The U.S. approach fails because it exhibits extreme partisanship in a setting where trust, credibility and reciprocity are crucial. Kerry is undoubtedly dedicated to achieving a cease-fire, just as he demonstrated for most of the past year in pushing for a negotiated peace agreement between Israel and the Palestinian Authority. Yet the United States exhibited its tendency toward extreme partisanship when it designated Martin Indyk, a former staff member of the America Israel Public Affairs Committee (AIPAC) and former ambassador to Israel, as the U.S. special envoy to the peace talks.

The U.S. approach up to this point to achieving a cease-fire in Gaza has been undertaken in a manner that is either woefully ignorant of the real constraints or callously cynical about their relevance. This is especially clear from the attempt to garner a cease-fire by consulting only one side, Israel — the party bearing the major responsibility for causing massive casualties and damage — and leaving Hamas out in the cold. Even if this is a consequence of Hamas being treated as “a terrorist entity,” it still makes no sense. When Israel wanted to deal with Hamas in the past, it had no trouble doing so — for instance, when it arranged the prisoner exchange that led to the release of the single captured Israeli soldier Gilad Schalit back in 2011.

The basic facts are astounding: The U.S. relied on Egypt as the broker of a proposal it vetted, supposedly with the text delivered personally by Tony Blair to President Abdel Fattah El Sisi in Cairo, endorsed by the Netanyahu government, and then announced on July 15 via the media as a cease-fire proposal accepted by Israel, without Hamas even knowing the details. It’s a diplomatic analogue to the theater of the absurd. Last July, then-General Sisi was the Egyptian mastermind of a coup that brutally cracked down on the Muslim Brotherhood and criminalized the entire organization. The Sisi government has made no secret of its unrelenting hostility to Hamas, which it views as an offshoot of the Muslim Brotherhood. It destroyed the extensive tunnel network connecting Gaza with the outside world to circumvent the punitive Israeli blockade that has been maintained since 2007. Is there any reason for Hamas to go forward with such a cease-fire arrangement? As some respected Israeli commentators have suggested, most prominently Amira Hass, the “normalization” of the occupation is what the Israeli military operation Protective Edge is all about. Hass suggests that Israel seeks a compliant Palestinian response to an occupation that has for all intents and purposes become permanent. Such periodic shows of force aim to break once and for all the will to resist, associated with Hamas and its rockets.

Even more telling, the cease-fire’s terms were communicated to Hamas via the media, making the proposal “take it or leave it.” It also ignored the reasonable conditions Hamas had posited as the basis of a cease-fire it could accept. These conditions included ending the unlawful seven-year siege of Gaza, releasing prisoners arrested in the anti-Hamas campaign prior to launching the military operation on July 8, and stopping interference with the unity government that brought Hamas and the Palestinian Authority together on June 3. Kerry, by contrast, has urged restoring the cease-fire text that had been accepted by both sides in November 2012 after the previous major Israeli military attack upon Gaza.

Hamas’ chief leader, Khaled Meshaal, has been called “defiant” by Kerry because he would not go along with this tilted diplomacy. “Everyone wanted us to accept a cease-fire and then negotiate for our rights,” Meshaal said. This was tried by Hamas in 2012 and didn’t work. As soon as the violence ceased, Israel refused to follow through on the cease-fire agreement that had promised negotiations seeking an end of the blockade and an immediate expansion of Gazan fishing rights.

In the aftermath of Protective Edge is it not reasonable, even mandatory, for Hamas to demand a firm commitment to end the siege of Gaza? Israel as the occupying power has an obligation under the Geneva Conventions to protect the civilian population of an occupied people. Israel claims that its “disengagement” in 2005, involving the withdrawal of security forces and the dismantling of settlements, ended such obligations. Such a position is almost uniformly rejected in the international community, since the persistence of effective Israeli control of entry and exit, as well as air and sea, and violent incursions amounts to a shift in the form of occupation — not its end. Israel is certainly right to complain about the rockets, but it is wrong to impose an oppressive regime of collective punishment on the civilians of Gaza. More

 

The Court Of World Opinion - By John Scales Avery

27 July, 2014 In struggling against governmental injustice, both in South Africa and in India, Mahatma Gandhi firmly rejected the use of violence. He did so partly because of his experience as a lawyer. In carrying out non-violent protests against oppression, Gandhi was making a case before the jury of international public opinion. He thought that he had a better chance of succeeding if he and his followers were very clearly in the right.

Furthermore, to the insidious argument that "the end justifies the means", Gandhi answered firmly: "They say that 'means are after all means'. I would say that 'means are after all everything'. As the means, so the end. Indeed, the Creator has given us limited power over means, none over end... The means may be likened to a seed, and the end to a tree; and there is the same inviolable connection between the means and the end as there is between the seed and the tree. Means and end are convertible terms in my philosophy of life."

Thus there are two elements in Gandhi's insistence on non-violent methods of resistance: Firstly , he and the resistance movements which he led were making a case in the court of world opinion; and secondly, the result achieved is always colored by the means that are used to achieve it. In South Africa, the fact that violence was not used to end the apartheid regime was chiefly responsible for achievement of lasting peace, and the avoidance of a blood-bath. In India, the former colony parted from the British Empire in a manner that was beneficial to both. India retained what was valuable in British culture.

We can remember from Richard Attenborough's splendid film of the life of Gandhi how important good reporting was to the success of India's non-violent resistance movement. Today, when the mainstream media are so thoroughly enslaved by our oligarchic governments, we might ask whether Ghandian methods of non-violent resistance can still succeed. Nevertheless, I believe that it is still worthwhile to make a clear case in the court of world opinion.

For example, I believe that the few ineffective rockets recently fired by Hamas were damaging to the Palestinian cause. They did no real harm to Israel, but they made the case far less clear. Israel, an apartheid regime far more evil than it South African counterpart ever was, justifies its genocidal atrocities by claiming that it "has a right to self-defense"; and the clarity of the situation is lost.

I believe that even in an era such as ours, where the mainstream media are so thoroughly failing us,
Gandhi's non-violence is still relevant.

John Avery received a B.Sc. in theoretical physics from MIT and an M.Sc. from the University of Chicago. He later studied theoretical chemistry at the University of London, and was awarded a Ph.D. there in 1965. He is now Lektor Emeritus, Associate Professor, at the Department of Chemistry, University of Copenhagen. Fellowships, memberships in societies: Since 1990 he has been the Contact Person in Denmark for Pugwash Conferences on Science and World Affairs. In 1995, this group received the Nobel Peace Prize for their efforts. He was the Member of the Danish Peace Commission of 1998. Technical Advisor, World Health Organization, Regional Office for Europe (1988- 1997). Chairman of the Danish Peace Academy, April 2004.http://www.fredsakademiet.dk/ordbog/aord/a220.htm. He can be reached at avery.john.s@gmail.com

Countercurrents.org

 

 

Thursday, July 24, 2014

Sanctuary in the city? Urban displacement and vulnerability in the Gaza Strip

Research into successive waves of forced displacement in Gaza in recent years will make for timely reading. The publication of 'Displacement and vulnerability in the Gaza Strip' coincides with the immediate aftermath of the Israeli military operation, 'Pillar of Defence.'

Its contents illuminate the consequences of upheaval generated by the Israeli-Palestinian conflict for the citizens of Gaza. Based on hundreds of interviews with the enclave’s residents, and those tasked with assisting them, the research demonstrates that the military tactics deployed in 'Operation Pillar of Defence' are just one of many factors that generate the displacement, loss of shelter, livelihoods and life that are all too frequently the price paid by civilians caught up in conflict.

The authors offer a series of recommendations to national entities; international governments and donors; international humanitarian and development organisations. The report is the most recent publication on urban displacement which forms part of the 'Sanctuary in the city?' series.

This publication is an output of the following project: Sanctuary in the city? Urban displacement and vulnerability. Download PDF

 

 

Palestinian Recourse to the International Criminal Court: The Time has Come

Ever since this latest Israeli major military operation against Gaza started on July 8, there have been frequent suggestions that Israel is guilty of war crimes, and that Palestine should do its best to activate the International Criminal Court (ICC) on its behalf.

The evidence overwhelmingly supports basic Palestinian allegations—Israel is guilty either of aggression in violation of the UN Charter or is in flagrant violation of its obligations as the Occupying Power under the Geneva Convention to protect the civilian population of an Occupied People; Israel seems guilty of using excessive and disproportionate force against a defenseless society in the Gaza Strip; and Israel, among an array of other offenses, seems guilty of committing Crimes Against Humanity in the form of imposing an apartheid regime in the West Bank and through the transfer of population to an occupied territory as it has proceeded with its massive settlement project.

Considering this background of apparent Israeli criminality it would seem a no brainer for the Palestinian Authority to seek the help of the ICC in waging its struggle to win over world public opinion to their struggle. After all, the Palestinians are without military or diplomatic capabilities to oppose Israel, and it is on law and global solidarity must rest their hopes for eventually realizing their rights, particularly the right of self-determination and the right of return. Palestinian demonstrators in the West Bank are demanding that their leaders in the Palestinian Authority adhere to the Rome Statute, and become members of the ICC without further delay. It has become part of the message of Palestinian street politics that the Palestinians are being criminally victimized, and that the Palestinian Authority if it wants to retain the slightest shred of respect as representatives of the Palestinian people must join in this understanding of the Palestinian plight and stop ‘playing nice’ with Israeli authorities.

Such reasoning from a Palestinian perspective is reinforced by the May 8th letter sent by 17 respected human rights NGOs to President Mahmoud Abbas urging Palestine to become a member of the ICC, and act to end Israel’s impunity. This was not a grandstanding gesture dreamed up on the irresponsible political margins of liberal Western society. Among the signatories were such human rights stalwarts as Human Rights Watch, Amnesty International, Al Haq, and the International Commission of Jurists, entities known for their temporizing prudence in relation to the powers that be.

Adding further credence to the idea that the ICC option should be explored was the intense opposition by Israel and United States, ominously threatening the PA with dire consequences if it tried to join the ICC, much less to seek justice through its activating its investigative procedures. The American ambassador to the UN, Samantha Power, herself long ago prominent as a human rights advocate, revealed Washington’s nervous hand when she confessed that the ICC “is something that really poses a profound threat to Israel.” I am not sure that Power would like to live with the idea that because Israel is so vulnerable to mounting a legal challenge that its impunity must be upheld whatever the embarrassment to Washington of doing so. France and Germany have been more circumspect, saying absurdly that recourse to the ICC by Palestine should be avoided because it would disrupt ‘the final status negotiations,’ as if this pseudo-diplomacy was ever of any of value, a chimera if there ever was one, in the elusive quest for a just peace.

In a better world, the PA would not hesitate to invoke the authority of the ICC, but in the world as it is, the decision is not so simple. To begin with, is the question of access, which is limited to states. Back in 2009, the PA tried to adhere to the Rome Statute, which is the treaty governing the ICC, and was rebuffed by the prosecutor who turned the issue over to the Security Council, claiming a lack of authority to determined whether the PA represented a ‘state.’ Subsequently, on November 29th the UN General Assembly overwhelmingly recognized Palestine as ‘a nonmember observer state.’ Luis Moreno–Ocampo who had acted in 2009 for the ICC, and now speaking as the former prosecutor, asserted that in his opinion Palestine would now in view of the General Assembly action qualify as a state enjoying the option of becoming an ICC member. Normally, ICC jurisdiction is limited to crimes committed after the state becomes a member, but there is a provision that enables a declaration to be made accepting jurisdiction for crimes committed at any date in its territory so long as it is after the ICC itself was established in 2002.

Is this enough? Israel has never become a party to the Rome Statute setting up the ICC, and would certainly refuse to cooperate with a prosecutor who sought to investigate war crimes charges with the possible intention of prosecution. In this regard, recourse to ICC might appear to be futile as even if arrest warrants were to be issued by the court, as was done in relation to Qaddafi and his son in 2011, there would be no prospect that the accused Israeli political and military figures would be handed over, and without the presence of such defendants in the court at The Hague, a criminal trial cannot go forward. This illustrates a basic problem with the enforcement of international criminal law. It has been effective only against the losers in wars fought against the interests of the West and, to some extent, against those whose crimes are in countries located in sub-Saharan Africa. This biased form of international criminal law implementation has been the pattern since the first major effort was made after World War II at Nuremberg and Tokyo. Surviving German and Japanese leaders were prosecuted for their crimes while exempting the winners, despite Allied responsibility for the systematic bombing of civilian populations by way of strategic bombing and the American responsibility for dropping the atomic bombs on Hiroshima and Nagasaki. More

 

Saturday, July 19, 2014

They call us now.

A Facebook friend shared the following remarkable poem by Lena Khalaf Tuffaha, who is a co-founder of the Institute for Middle East Understanding based in Seattle. It catches the nightmarish absurdity of the latest invasion of Gaza.


They call us now.

Before they drop the bombs.

The phone rings

and someone who knows my first name

calls and says in perfect Arabic

“This is David.”

And in my stupor of sonic booms and glass shattering symphonies

still smashing around in my head

I think "Do I know any Davids in Gaza?"

They call us now to say

Run.

You have 58 seconds from the end of this message.

Your house is next.

They think of it as some kind of

war time courtesy.

It doesn’t matter that

there is nowhere to run to.

It means nothing that the borders are closed

and your papers are worthless

and mark you only for a life sentence

in this prison by the sea

and the alleyways are narrow

and there are more human lives

packed one against the other

more than any other place on earth

Just run.

We aren’t trying to kill you.

It doesn’t matter that

you can’t call us back to tell us

the people we claim to want aren’t in your house

that there’s no one here

except you and your children

who were cheering for Argentina

sharing the last loaf of bread for this week

counting candles left in case the power goes out.

It doesn’t matter that you have children.

You live in the wrong place

and now is your chance to run

to nowhere.

It doesn’t matter

that 58 seconds isn’t long enough

to find your wedding album

or your son’s favorite blanket

or your daughter’s almost completed college application

or your shoes

or to gather everyone in the house.

It doesn’t matter what you had planned.

It doesn’t matter who you are

Prove you’re human.

Prove you stand on two legs.

Run.


- Running Orders, by Lena Khalaf Tuffaha


 

Wednesday, July 16, 2014

How US and Blair plotted ‘ceasefire’ scam

We now have confirmation from the Israeli daily Haaretz of what we should have suspected: that the idea for the so-called Egyptian “ceasefire proposal” was actually hatched in Washington, the messenger boy was arch-war criminal Tony Blair, and the terms were drafted by Israel.

Click to Enlarge


The intention was either to corner Hamas into surrendering – and thereby keep the savage blockade of Gaza in place – or force Hamas to reject the proposal and confirm the Israeli narrative that it is a terrorist organisation with which Israel cannot make peace.

According to Haaretz, Blair secretly initiated his “ceasefire” activity after “coordinating” with US Secretary of State John Kerry. On Saturday he headed off to Cairo to meet with the US-backed Egyptian dictator Abdel Fattah al-Sisi to persuade him to put his name to the proposal.

Immediately afterwards, he travelled to Israel to meet Benjamin Netanyahu on Saturday afternoon. Sisi and Netanyahu were then supposed to thrash out the details. When they failed to do so, Blair intervened again on behalf of the Americans and the pair spoke by phone on Saturday evening.

Here’s the key paragraph from Haaretz:

Senior Israeli officials and Western diplomats said the reason the Egyptian cease-fire initiative was so short-lived is that it was prepared hastily and was not coordinated with all the relevant parties, particularly Hamas.

Wonderful that throw-away last line. In all this activity, it never occurred to the US, Blair, Sisi or Netanyahu – and no doubt Mahmoud Abbas, who is strangely absent from this account – that it might be necessary to sound out Hamas on the terms of a ceasefire it would need to abide by.

Now it seems Kerry is using US muscle to get Egypt, Qatar and Turkey to strong-arm Hamas into surrendering.


It’s depressingly predictable that the corporate media have swallowed the line of Israel accepting the “ceasefire proposal” and Hamas rejecting it. What Hamas did was reject a US-Israeli diktat to sign away the rights of the people of Gaza to end a siege that cuts them off from the rest of the world.

But there is a long pedigree to such deceptions. It is reminiscent of a hasbara favourite: that the Jews accepted the UN partition plan of 1947 while the Palestinians rejected it. The reality – then, as now – is that the the colonial powers sought to strip the Palestinians of their rights and their homeland without even consulting them.


www.haaretz.com/news/diplomacy-defense/.premium-1.605499

- See more at: http://www.jonathan-cook.net/blog/2014-07-16/how-us-and-blair-plotted-ceasefire-scam/#sthash.ZXcEXokj.dpuf