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By Richard Falk

Exactly a year ago, for 51 days between July 7 and August 26 Israel carried out its third major military assault (2008-09; 2012; 2014) on Gaza in the past six years.

This last one, code named Operation Protective Edge by Israeli Defense Forces, was the most vicious, killing 2,251 Palestinians, of which 1,462 were civilians, and included 299 women and 551 children, as well as injuring 11,231, a number that includes 3,436 children, 10% of whom have permanent disabilities, and another 1,500 have been orphaned.

Israel also suffered casualties: 73 killed of whom 67 were military personnel, and 1,600 injured.

Additional to the human casualties, 18,000 Palestinian housing units were destroyed, along with substantial damage to Gaza’s electricity and sanitation systems, 500,000 Palestinians (almost 1/3 of Gaza’s population) were forcibly displaced during the military operations and 100,000 remain so a year later, and 73 medical facilities and ambulances were destroyed or damaged.

Due to the Israeli blockade, the aftermath of this onslaught has prevented a normal recovery, extending the period of suffering endured by the entire Gazan population. The magnitude of the Palestinian losses, as well as the comparison with Israeli losses, and the comparative ratio of civilians to military killed on the two sides, by itself suggests that the essential character of this Israeli undertaking is best understood as ‘state terror’ directed at Gaza’s population as a whole.

Such conclusions are reinforced by Israel’s provocations during the month prior to the launch of the attack and by the refusal of its government even to consider frequent proposals by Hamas to establish long-term internationally supervised ceasefire proposals.

This one-sided impression of the events is not conveyed by the much anticipated UN Report of the Commission of Inquiry (COI) set up by the Human Rights Council to investigate violations of international human rights and international humanitarian law in July of 2014 that were occurring during Operation Protective Edge.

The Commission was Read the rest of this entry »

By Richard Falk

America even at its best is a strange place, alive with contradictions, a Teflon political culture that has an unshakable faith in its innocent and virtuous national character and its overall impact on the world, impervious to the ghosts of slavery and of ethnic cleansing of native Americans that should be tormenting our sleep and darkening our dreams, comfortable with its robust gun culture, and with its promiscuous reliance on rogue drones engineered to kill on command and on the brutal happenings that take place in black sites immorally situated in countries whose leaders agree to avert their gaze from the dirty work taking place.

Looked at from a short distance this is not a pretty picture.

Yet there are still those rare moments when this unsavory national profile seems not to be telling the whole story. For instance, I felt heartened by a recent news item reporting that the conservative Nebraska Legislature voted to abolish capital punishment, and in doing so went so far as to override the governor’s veto. That’s right, Nebraska!

Unfortunately, the welcome Nebraska move may not survive the backlash in the making. The Republican state governor, Pete Ricketts, vows to overturn the new law: “My words cannot express how appalled I am that we have lost a critical law to protect law enforcement and Nebraska families.” He is supported in this lethal passion by a pro-capital punishment legislator Read the rest of this entry »

By Richard Falk

I was appalled by the embedded colonialism of a recent issue of The Economist [June 6-12, 2015], boldly proclaiming its mood of geopolitical angst on its cover titling its featured story “Losing the Middle East.” Any glimmer of doubt about the intent of the magazine’s editors is removed by displaying a somewhat bedraggled American flag on the cover accompanied by the sub-title “Why American must not abandon the region.”

The rationale offered for this political imperative within this most revered journal of intelligent establishment guidance strikes me as even more appalling than this provocative packaging giving the plot away before we even begin reading the story.

What The Economist proposes

The argument set forth rests on the colonialist assumption that the Middle East is America’s to lose, although not quite, as the lead editorial ends with an enigmatic distinction:

“The idea has taken root that America no longer has what it takes to run the Middle East. That it ever could was an illusion. But America has a vital part to play. If it continues to stand back, everyone will be worse of — including the Americans.”

We are never told whether the catchall ‘everyone’ includes the people of the region, Read the rest of this entry »

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 the rest of this entry »

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 the rest of this entry »

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 the rest of this entry »

By Richard Falk

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 the rest of this entry »

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 the rest of this entry »

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 the rest of this entry »