Posts Tagged ‘Palestine’

Evolving International Law, Political Realism, and the Illusions of Diplomacy

By Richard Falk

International law is mainly supportive of Palestinian grievances with respect to Israel, as well as offering both Israelis and Palestinians a reliable marker as to how these two peoples could live normally together in the future if the appropriate political will existed on both sides to reach a sustainable peace.

International law is also helpful in clarifying the evolution of the Palestinian struggle for self-determination over the course of the last hundred years. It is clarifying to realize how the law itself has evolved during this past century in ways that bear on our sense of right and wrong in the current phase of the struggle.

Yet at the same time, as the Palestinians have painfully learned, to have international law clearly on your side is not the end of the story. The politics of effective control often cruelly override moral and legal norms that stand in its way, and this is what has happened over the course of the last hundred years with no end in sight.

The Relevance of History

2017 is the anniversary of three crucial milestones in this narrative:

(1) the issuance of the Balfour Declaration by the British Foreign Secretary a hundred years ago pledging support to the World Zionist Movement in their campaign to establish a homeland for the Jewish people in Palestine;

(2) the passage of UN General Assembly Resolution 181 seventy years ago proposing the partition of Palestine between the two peoples along with the internationalization of the city of Jerusalem as a proposed political compromise between Arabs and Jews; and

(3) the Israel military occupation of the West Bank, East Jerusalem, and the Gaza Strip over fifty years ago after the 1967 War.

Each of these milestones represents a major development in the underlying struggle.

Each combines an Israeli disregard of international law the result of which is to inflict major injustices on the Palestinian people. Without due regard for this past, it will not be possible to understand the present encounters between Israelis and Palestinians or to shape a future beneficial for both peoples that must take due account of the past without ignoring the realities of the present.

Israel is sophisticated about its use of international law, invoking it vigorously to support its claims to act in ways often motivated by territorial ambitions and national security goals, while readily evading or defying international law when the constraints of its rules interfere with the pursuit of high priority national goals, especially policies of continuous territorial encroachment at the expense of reasonable Palestinian expectations and related legally entrenched rights.

To gain perspective, history is crucial, but not without some unexpected features. Read the rest of this entry »

The Day After: Netanyahu

By Richard Falk

Richard Falk

My reaction to Netanyahu’s theatrical performance yesterday in Congress led me to recall that the deepest thinkers turned against democracy in ancient Greece because of the susceptibility of the Athenian citizenry to demagogic oratory from opportunistic politicians. Plato, Aristotle, Thucydides all became sensitive to the degree to which the rhetoric of demagogues contributed to the decline, and eventual downfall, of ancient Athens. Yet even in the worst last days of Athens the demagogues who performed so destructively were at least homegrown!

It would have been inconceivable anywhere else than the United States for a controversial foreign leader to be welcomed before the legislative chamber to attack ongoing delicate diplomacy of the elected head of state. It is not merely a matter of the niceties of protocol as to whether the Speaker of the House was delinquent in not coordinating the invitation with the White House so as to agree on a date not so embarrassingly tied to Netanyahu’s bid for reelection on March 17, although such issues are not trivial.

More substantial, however, is what it tells us about this self-destructive embrace of a foreign leader that is unabashedly seeking to derail a critical foreign policy initiative clearly in the interest of the United States, the Middle East, and the world, and even Israel (although presumably not Netanyahu’s and Likud’s worldview). Read the rest of this entry »

Pope Francis visit to Palestine

By Richard Falk

Pope Francis’ visit to the Holy Land raises one overwhelming question: What is the nature of religious power in our world of the 21st century? Can it have transformative effects’?

Media pundits and most liberal voices from the secular realm approve of this effort by Francis to seek peace through the encouragement of reconciliation, while dutifully reminding us that his impact is only ‘ceremonial’ and ‘symbolic’ and will not, and presumably should not, have any political consequences beyond a temporary cleansing of the political atmosphere.

The June 6th prospect of Mahmoud Abbas and Shimon Peres praying together in the Vatican as a step toward a peaceful end of the long struggle is, I fear, an ambiguous sideshow. For one thing, Peres as President of Israel is about to leave the office, and in any event, his position exerts no discernible influence on the head of state, Benjamin Netanyahu, or the approach taken by Israel in addressing Palestinian concerns.

It has long been appreciated that Peres is less than he seems, and beneath his velvet globe is a steel fist. Also, Abbas, although the formal leader of the Palestinian Authority and Chair of the PLO, is a weak and controversial leader who has yet to establish a unity government that includes Hamas, and finally provides political representation for the long suffering population of the Gaza Strip within global venues.

Yet it would be a mistake to ignore the significance, symbolically and materially, of what Pope Francis’ visit to Palestine heralds. Read the rest of this entry »

 

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