Thomas Friedman tops himself in thick-headed duncery

How many different ways can one point out the ignorance/extreme lack of any capacity for self-reflection and sheer dunbfuckedness of Tom Friedman?

Sunday's New York Timse op-ed page published His latest empty-headed homage to self-involvment which employs the hackneyed cliche of poor Israel, they have to do things that look bad because they live in a "tough neighborhood."

Friedman fully identifies with the pure arrogance of a population of settler-colonialists primarily from Europe and the US and their descendants, who regard the native Palestinians, whose land they have robbed, as subhumans who can't be talked to.

The Zionist infiltrators (to use their own term against them) forced their way into the "neighborhood" and by force of arms in 1948 expelled 750,000 inhabitants and relegated the remaining inhabitants to jim crow status. Not being happy with the small borders of the neighborhood, they grabbed more land in 1967 and are busily annexing the West Bank while the 2.5 million indigenous inhabitants are under martial law.

Not caring much for the wider neighborhood, Zionist Israel has also bitten off pieces of land from Egypt, Lebanon and Syria,hanging on to whatever it could. If a family moved into a house next door to yours and proceeded to bulldoze your home to expand their lawn, would you complain? Oh, come on..don't hold a grudge...you wouldn't want your neighborhood to get a reputation for being "tough."

Now Friedman is shocked that the Welcome Wagon didn't show up for the new neighbors.

Any "neighborhood" that is invaded, occupied and subject to ethnic cleansing and killings by a new resident that comes in to conquer and eliminate the native people is quite likely to become tough. When you steal someone's country, you will never have peace...unless you kill and expel them all. Yo, Tom! Can't you get that?

The tough neighborhood is of Israel's and its indispensable sponsor, the USA's making.

No, Israel Does Not Have the Right to Self-Defense In International Law Against Occupied Palestinian Territory

Dec 05 2012 by Noura Erakat


On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country. Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.

A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law.

Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.

Israel Has A Duty To Protect Palestinians Living Under Occupation

Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.

Occupation law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)

International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.

The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law.


When It Is Just To Begin To Fight

The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited..

In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.

Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.

Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:

To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“

To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law.


Israel’s Attempts To Change International Law

Since the beginning of its occupation in 1967, Israel has rebuffed the applicability of international humanitarian law to the Occupied Palestinian Territory (OPT). Despite imposing military rule over the West Bank and Gaza, Israel denied the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (the cornerstone of Occupation Law). Israel argued because the territories neither constituted a sovereign state nor were sovereign territories of the displaced states at the time of conquest, that it simply administered the territories and did not occupy them within the meaning of international law. The UN Security Council, the International Court of Justice, the UN General Assembly, as well as the Israeli High Court of Justice have roundly rejected the Israeli government’s position. Significantly, the HCJ recognizes the entirety of the Hague Regulations and provisions of the 1949 Geneva Conventions that pertain to military occupation as customary international law.

Israel’s refusal to recognize the occupied status of the territory, bolstered by the US’ resilient and intransigent opposition to international accountability within the UN Security Council, has resulted in the condition that exists today: prolonged military occupation. Whereas the remedy to occupation is its cessation, such recourse will not suffice to remedy prolonged military occupation. By virtue of its decades of military rule, Israel has characterized all Palestinians as a security threat and Jewish nationals as their potential victims, thereby justifying the differential, and violent, treatment of Palestinians. In its 2012 session, the UN Committee on the Elimination of Racial Discrimination described current conditions following decades of occupation and attendant repression as tantamount to Apartheid.

In complete disregard for international law, and its institutional findings, Israel continues to treat the Occupied Territory as colonial possessions. Since the beginning of the second Palestinian intifada in 2000, Israel has advanced the notion that it is engaged in an international armed conflict short of war in the West Bank and the Gaza Strip. Accordingly, it argues that it can 1) invoke self-defense, pursuant to Article 51 of the United Nations Charter, and 2) use force beyond that permissible during law enforcement, even where an occupation exists.


The Gaza Strip Is Not the World Trade Center

To justify its use of force in the OPT as consistent with the right of self-defense, Israel has cited UN Security Council Resolution 1368 (2001) and UN Security Council Resolution 1373 (2001). These two resolutions were passed in direct response to the Al-Qaeda attacks on the United States on 11 September 2001. They affirm that those terrorist acts amount to threats to international peace and security and therefore trigger Article 51 of the UN Charter permitting the use of force in self-defense. Israel has therefore deliberately characterized all acts of Palestinian violence – including those directed exclusively at legitimate military targets – as terrorist acts. Secondly it frames those acts as amounting to armed attacks that trigger the right of self-defense under Article 51 irrespective of the West Bank and Gaza’s status as Occupied Territory.

The Israeli Government stated its position clearly in the 2006 HCJ case challenging the legality of the policy of targeted killing (Public Committee against Torture in Israel et al v. Government of Israel). The State argued that, notwithstanding existing legal debate, “there can be no doubt that the assault of terrorism against Israel fits the definition of an armed attack,” effectively permitting Israel to use military force against those entities. Therefore, Israeli officials claim that the laws of war can apply to “both occupied territory and to territory which is not occupied, as long as armed conflict is taking place on it” and that the permissible use of force is not limited to law enforcement operations. The HCJ has affirmed this argument in at least three of its decisions: Public Committee Against Torture in Israel et al v. Government of Israel, Hamdan v. Southern Military Commander, and Physicians for Human Rights v. The IDF Commander in Gaza. These rulings sanction the government’s position that it is engaged in an international armed conflict and, therefore, that its use of force is not restricted by the laws of occupation. The Israeli judiciary effectively authorizes the State to use police force to control the lives of Palestinians (e.g., through ongoing arrests, prosecutions, checkpoints) and military force to pummel their resistance to occupation.

The International Court of Justice (ICJ) dealt with these questions in its assessment of the permissible use of force in the Occupied West Bank in its 2004 Advisory Opinion, Legal Consequences on the Construction of a Wall in the Occupied Palestinian Territory. The ICJ reasoned that Article 51 contemplates an armed attack by one state against another state and “Israel does not claim that the attacks against it are imputable to a foreign state.” Moreover, the ICJ held that because the threat to Israel “originates within, and not outside” the Occupied West Bank,

the situation is thus different from that contemplated by Security Council resolutions 1368 (2001) and 1373 (2001), and therefore Israel could not in any event invoke those resolutions in support of its claim to be exercising a right of self-defense. Consequently, the Court concludes that Article 51 of the Charter has no relevance in this case.

Despite the ICJ's decision, Israel continues to insist that it is exercising its legal right to self-defense in its execution of military operations in the West Bank and the Gaza Strip. Since 2005, Israel slightly changed its position towards the Gaza Strip. The government insists that as a result of its unilateral disengagement in 2005, its occupation has come to an end. In 2007, the government declared the Gaza Strip a “hostile entity” and waged war upon the territory over which it continues to exercise effective control as an Occupying Power. Lisa Hajjar expounds on these issues here.

In effect, Israel is distorting/reinterpreting international law to justify its use of militarized force in order to protect its colonial authority. Although it rebuffs the de jure application of Occupation Law, Israel exercises effective control over the West Bank and Gaza and therefore has recourse to police powers. It uses those police powers to continue its colonial expansion and apartheid rule and then in defiance of international law cites its right to self-defense in international law to wage war against the population, which it has a duty to protect. The invocation of law to protect its colonial presence makes the Palestinian civilian population doubly vulnerable. Specifically in the case of Gaza,

It forces the people of the Gaza Strip to face one of the most powerful militaries in the world without the benefit either of its own military, or of any realistic means to acquire the means to defend itself.

More broadly, Israel is slowly pushing the boundaries of existing law in an explicit attempt to reshape it. This is an affront to the international humanitarian legal order, which is intended to protect civilians in times of war by minimizing their suffering. Israel’s attempts have proven successful in the realm of public relations, as evidenced by President Obama’s uncritical support of Israel’s recent onslaughts of Gaza as an exercise in the right of self-defense. Since international law lacks a hierarchal enforcement authority, its meaning and scope is highly contingent on the prerogative of states, especially the most powerful ones. The implications of this shift are therefore palpable and dangerous.

Failure to uphold the law would allow states to behave according to their own whim in furtherance of their national interest, even in cases where that is detrimental to civilian non-combatants and to the international legal order. For better or worse, the onus to resist this shift and to preserve protection for civilians rests upon the shoulders of citizens, organizations, and mass movements who can influence their governments enforce international law. There is no alternative to political mobilization to shape state behavior.

Dave Brubeck 1912-1920

Chonmsky on Israel's "direct negotiations" scam

By Noam Chomsky

December 04, 2012 "Information Clearing House" - An old man in Gaza held a placard that reads: “You take my water, burn my olive trees, destroy my house, take my job, steal my land, imprison my father, kill my mother, bombard my country, starve us all, humiliate us all but I am to blame: I shot a rocket back.” [1]

The old man’s message provides the proper context for the timelines on the latest episode in the savage punishment of Gaza. They are useful, but any effort to establish a “beginning” cannot help but be misleading. The crimes trace back to 1948, when hundreds of thousands of Palestinians fled in terror or were expelled to Gaza by conquering Israeli forces, who continued to truck them over the border for years after the official cease-fire. The persecution of Gazans took new forms when Israel conquered the Strip in 1967. From recent Israeli scholarship we learn that the goal of the government was to drive the refugees into the Sinai, and if feasible the rest of the population too.

Expulsions from Gaza were carried out under the direct orders of General Yeshayahu Gavish, commander of the Southern Command. Expulsions from the West Bank were far more extreme, and Israel resorted to devious means to prevent the return of those expelled, in direct violation of Security Council orders. The reasons were made clear in internal discussion immediately after the war. Golda Meir, later Prime Minister, informed her Labor colleagues that Israel should keep the Gaza Strip while “getting rid of its Arabs.” Defense Minister Dayan and others agreed. Prime Minister Eshkol explained that those expelled cannot be allowed to return because “We cannot increase the Arab population in Israel” — referring to the newly occupied territories, already tacitly considered part of Israel. In accord with this conception, all of Israel’s maps were changed, expunging the Green Line (the internationally recognized borders), though publication was delayed to permit UN Ambassador Abba Eban to attain what he called “favorable impasse” at the General Assembly, by concealing Israel’s intentions. [2]

The goals may remain alive, and might be a factor contributing to Egypt’s reluctance to open the border to free passage of people and goods barred by the US-backed Israeli siege.

The current upsurge of US-Israeli violence dates to January 2006, when Palestinians voted “the wrong way” in the first free election in the Arab world. Israel and the US reacted at once with harsh punishment of the miscreants, and preparation of a military coup to overthrow the elected government, routine procedure. The punishment was radically intensified in 2007, when the coup attempt was beaten back, and the elected Hamas government established full control over Gaza.

The standard version of these events is more anodyne, for example, in the New York Times, November 29: “Hamas entered politics by running in, and winning, elections in the Palestinian territories in 2006. But it was unable to govern in the face of Western opposition and in 2007 took power in the Gaza Strip by force, deepening the political split [with Fatah and the Palestinian Authority].” [3]

Ignoring immediate Hamas offers of a truce after the 2006 election, Israel launched attacks that killed 660 Palestinians in 2006, mostly civilians, one-third minors. The escalation of attacks in 2007 killed 816 Palestinians, 360 civilians and 152 minors. The UN reports that 2879 Palestinians were killed by Israeli fire from April 2006 through July 2012, along with several dozen Israelis killed by fire from Gaza. [4]

A truce in 2008 was honored by Hamas until Israel broke it in November. Ignoring further truce offers, Israel launched the murderous Cast Lead operation in December. So matters have continued, while the US and Israel also continue to reject Hamas calls for a long-term truce and a political settlement in accord with the international consensus on a two-state settlement that the US has blocked since 1976, when the US vetoed a Security Council resolution to this effect, brought by the major Arab states.

In late 2012 the US devoted extensive efforts to block a General Assembly resolution upgrading Palestine’s status to that of a “non-member observer state.” The effort failed, leaving the US in its usual international isolation on November 29, when the resolution passed overwhelmingly on the anniversary of the 1947 General Assembly vote on partition. [5] The reasons Washington frankly offered for its opposition to the resolution were revealing: Palestine might approach the International Criminal Court on Israel’s U.S.-backed crimes, which cannot be permitted judicial review for reasons that are all too obvious. A second concern, the New York Times reported, was that “the Palestinians might use the vote to seek membership in specialized agencies of the United Nations,” which could lead Washington to defund these international organizations, as it cut off financing to UNESCO in 2011 when it dared to admit Palestine as a member. The Master does not tolerate disobedience. [6]

Israel had warned that it would “go crazy” (“yishtagea”) if the resolution passed, reviving warnings from the 1950s that it would “go crazy” if crossed — not very meaningful then, much more so now. [7] And indeed, hours after the UN vote Israel announced its decision to carry forward settlement in Area E1 that connects the vastly expanded Greater Jerusalem that it annexed illegally to the town of Ma’aleh Adumim, greatly expanded under Clinton after the Oslo Accords, with lands extending virtually to Jericho, effectively bisecting the West Bank if the Area E1 corridor is closed by settlement. [8] Before Obama, US presidents had barred Israel’s efforts to expand its illegal settlements into the E1 region, so it was compelled to resort to stealth measures, like establishing a police station in the zone. Obama has been more supportive of Israeli criminal actions than his predecessors, and it remains to be seen whether he will keep to a tap on the wrist with a wink, as before.

Israel and the US insist on “direct negotiations” as the only “path to peace.” They also insist on crucial preconditions. First, the negotiations must be under US leadership, which makes as much sense as asking Iran to mediate Sunni-Shiite conflicts in Iraq. Genuine negotiations would take place under the auspices of some neutral party with a claim to international respect, perhaps Brazil, and would have the US and Israel on one side of the table, and most of the rest of the world on the other. A second precondition, left tacit, is that expansion of Israel’s settlements must be allowed to continue in one or another form (as happened, for example, during the formal 10-month “suspension”), with Washington signaling its disapproval while continuing to provide the required support.

The call for “direct negotiations” without substance is an old Israeli tactic to prevent steps towards diplomatic settlement that would impede its expansionist projects. After the 1967 war, the respected diplomat Abba Eban, who was in charge of the effort, was highly praised by Golda Meir and other colleagues in the governing Labor Party for his success at the United Nations in carrying forward “Israel’s peacemaking strategy” of confusion and delay, which came to “take the shape of a consistent foreign policy of deception,” as it is described by Israeli scholar Avi Raz in a detailed review of internal records. [9] At that time the tactics angered US officials, who protested vigorously though to no effect. But much has changed since, particularly since Kissinger took control of policy and the US largely departed from the world on Israel-Palestine.

The practice of delay goes back to the earliest Zionist settlement, which sought to “create facts” on the ground while keeping goals obscure. Even the call for a “Jewish commonwealth” was not made officially by the Zionist organization until a May 1942 meeting at the Biltmore hotel in New York.

Returning to Gaza, one element of the unremitting torture of its people is Israel’s “buffer zone” within Gaza from which Gazans are barred entry, almost half of Gaza’s limited arable land according to Sara Roy, the leading academic scholar of Gaza. From September 2005, after Israel transferred its settlers to other parts of the occupied territories, to September 2012, Israeli security forces killed 213 Palestinians in the zone, including 154 who were not taking part in hostilities, 17 of them children. [10]

From January 2012 to the launching of Israel’s latest killing spree on November 14, Operation Pillar of Defense, one Israeli was reported to have been killed by fire from Gaza while 78 Palestinians were killed by Israel fire. [11]

The full story is naturally more complex, and considerably uglier.

The first act of Operation Pillar of Defense was to murder Ahmed Jabari. Aluf Benn, editor of Ha’aretz, describes him as Israel’s “subcontractor” and “border guard” in Gaza, who enforced relative quiet in Gaza for over five years. [12] The pretext for the assassination was that during these five years Jabari had been creating a Hamas military force, with missiles from Iran. [13] Plainly, if that is true it was not learned on November 14.

A more credible reason was provided by Israeli peace activist Gershon Baskin, who had been involved in direct negotiations with Jabari for years, including plans for the release of the captured Israeli soldier Gilad Shalit. Baskin reports that hours before Jabari was assassinated, “he received the draft of a permanent truce agreement with Israel, which included mechanisms for maintaining the ceasefire in the case of a flare-up between Israel and the factions in the Gaza Strip.” A truce was then in place, called by Hamas on November 12. Israel apparently exploited the truce, Reuters reports, directing attention to the Syrian border in the hope that Hamas leaders would relax their guard and be easier to assassinate. [14]

Throughout these years, Gaza has been kept on a level of bare survival, imprisoned by land, sea and air. On the eve of the latest attack, the UN reported that 40 percent of essential drugs and more than half of essential medical items were out of stock. [15] One of the first of the series of hideous photos that were sent from Gaza in November showed a doctor holding the charred corpse of a murdered child. That one had a personal resonance. The doctor is the director and head of surgery at Khan Yunis hospital, which I had visited a few weeks earlier. In writing about the trip I reported his passionate appeal for desperately needed simple drugs and surgical equipment. These are among the crimes of the US-Israeli siege, and Egyptian complicity.

The casualty rates from the November episode were about normal: over 160 Palestinian dead, including many children, and 6 Israelis. Among the dead were three journalists. The official Israeli justification was that “The targets are people who have relevance to terror activity.” Reporting the “execution” in the New York Times, David Carr observes that “it has come to this: killing members of the news media can be justified by a phrase as amorphous as ‘relevance to terror activity’.” [16]

The massive destruction was all in Gaza. Israel used advanced US military equipment for the slaughter and destruction, and relied on US diplomatic support, including the usual US intervention to block a Security Council call for a cease-fire. [17]

With each such exploit Israel’s global image erodes. The images of terror and destruction, and the character of the conflict, leave few remaining shreds of credibility to the self-declared “most moral army in the world,” at least among people with eyes open.

The pretexts for the assault were also the usual ones. We can put aside the predictable declarations of the perpetrators in Israel and Washington, but even decent people ask what Israel should do when attacked by a barrage of missiles. It’s a fair question, and there are straightforward answers.

One response would be to observe international law, which allows the use of force without Security Council authorization in exactly one case: in self-defense after informing the Security Council of an armed attack, until the Council acts (UN Charter, Article 51). Israel understands that well. That is the course it followed at the outbreak of the June 1967 war, but of course Israel’s appeal went nowhere when it was quickly ascertained that it was Israel that had launched the attack. Israel did not follow this course in November, knowing well what would be revealed in a Security Council debate.

Another narrow response would be to agree to a truce, as appeared quite possible before the operation was launched on November 14, as often before.

There are more far-reaching responses. By coincidence, one illustration is discussed in the current issue of the journal National Interest. The authors, Asia scholars Raffaello Pantucci and Alexandros Petersen, describe China’s reaction after rioting in western Xinjiang province “in which mobs of Uighurs marched around the city beating hapless Han [Chinese] to death.” Chinese president Hu Jintao quickly flew to the province to take charge, senior leaders in the security establishment were fired, and a wide range of development projects were undertaken to address underlying causes of the unrest. [18]

In Gaza too a civilized reaction is possible. The US and Israel could end the merciless unremitting assault and open the borders, and provide for reconstruction — and if it were imaginable, reparations for decades of violence and repression.

The cease-fire agreement stated that the measures to implement the end of the siege and the targeting of residents in border areas “shall be dealt with after 24 hours from the start of the ceasefire.” There is no sign of steps in this direction. Nor is there any indication of US-Israeli willingness to rescind their policy of separating Gaza from the West Bank in violation of the Oslo Accords, to end the illegal settlement and development programs in the West Bank designed to undermine a political settlement, or in any other way to abandon the rejectionism of the past decades.

Some day, and it must be soon, the world will respond to the plea issued by the distinguished Gazan human rights lawyer Raji Sourani while the bombs were once again raining down on defenseless civilians in Gaza: “We demand justice and accountability. We dream of a normal life, in freedom and dignity.” [19]

Notes

[1] http://www.independent.co.uk/voices/comment/the-war-between-israel-and-hamas-has-its-roots-in-britains-shameful-betrayal-of-the-palestinians-8327052.html.

[2] Avi Raz, The Bride and the Dowry (Yale, 2012).

[3] http://www.nytimes.com/2012/11/29/world/middleeast/leader-of-hamas-calls-for-palestinian-unity.html?src=twrhp.

[4] Slater, International Security, Nov-Dec 2012. http://www.economist.com/blogs/pomegranate/2012/11/israel-and-palestinians.

[5] http://www.un.org/News/Press/docs/2012/ga11317.doc.htm.

[6] http://www.nytimes.com/2012/11/29/world/middleeast/us-and-israel-look-to-limit-impact-of-palestinian-authority-upgrade.html.

[7] Barak Ravid, Ha’aretz, Oct. 26, under the headline “Yisrael Mazhira et Ha-Olam: Ba’al Habayit Yishtagea” (“Israel warns the world: the head of the household will go crazy”). http://www.haaretz.co.il/news/politics/1.1850595.

[8] http://topics.nytimes.com/top/news/international/countriesandterritories/israel/index.html.

[9] Raz, op. cit.

[10] Roy, http://www.bostonglobe.com/opinion/2012/11/23/roy/sctFniw6Wn2n9nTdxZ91RJ/story.html?s_campaign=8315. http://www.nytimes.com/2012/11/24/world/middleeast/israel-gaza-conflict.html?ref=global-home.

[11] Ibid.

[12] http://www.haaretz.com/news/diplomacy-defense/israel-killed-its-subcontractor-in-gaza.premium-1.477886.

[13] http://www.nytimes.com/2012/11/18/world/middleeast/arms-with-long-reach-bolster-hamas.html?_r=0.

[14] http://www.haaretz.com/news/diplomacy-defense/israeli-peace-activist-hamas-leader-jabari-killed-amid-talks-on-long-term-truce.premium-1.478085. http://www.theatlantic.com/international/archive/2012/11/who-started-the-israel-gaza-conflict/265374/. http://www.nytimes.com/reuters/2012/11/15/world/middleeast/15reuters-palestinians-israel-deception.html?scp=5&sq=bronner+Jaabari&st=nyt.

[15] Mads Gilbert, 11-17-12.

[16] http://www.nytimes.com/2012/11/26/business/media/using-war-as-cover-to-target-journalists.html?_r=0.

[17] http://www.foxnews.com/world/2012/11/20/us-blocks-un-security-council-call-for-gaza-cease-fire-as-unbalanced-against/.

[18] http://nationalinterest.org/article/chinas-inadvertent-empire-7615.

[19] http://www.aljazeera.com/indepth/opinion/2012/11/20121117115136211403.html.

Mainstream journalists’ failure to explain reasons for Gazan resistance is professional malpractice

Nov 28, 2012 10:19 am | Philip Weiss

Scott McConnell has a piece on Gaza up at the National Interest that emphasizes the ways that the American media have skewed our perception of Gaza's plight:

If a man from Mars descended to observe Israel’s attack on the Gaza strip, he would have seen one group of humans trapped in a densely populated area, largely defenseless while a modern air force destroyed their buildings at will. He might have learned that the people in Gaza had been essentially enclosed for several years in a sort of ghetto, deprived by the Israeli navy of access to the fish in their sea, generally unable to travel or to trade with the outside world, barred by Israeli forces from much of their arable land, all the while surveyed continuously from the sky by a foe which could assassinate their leaders at will and often did.

This Martian also might learn that the residents of Gaza—most of them descendants of refugees who had fled or been driven from Israel in 1948—had been under Israeli occupation for 46 years, and intensified closure for six, a policy described by Israeli officials as “economic warfare” and privately by American diplomats as intended to keep Gaza “functioning at the lowest level possible consistent with avoiding a humanitarian crisis.” He might note that Gaza’s water supply is failing, as Israel blocks the entry of materials that could be used to repair and upgrade its sewage and water-treatment infrastructure. That ten percent of its children suffer from malnutrition and that cancer and birth defects are on the rise. That the fighting had started after a long standing truce had broken down after a series of tit-for-tat incidents, followed by the Israeli assassination of an Hamas leader, and the typical Hamas response of firing inaccurate rockets, which do Israel little damage.

But our man from Mars is certainly not an American. And while empathy for the underdog is said to be an American trait, this is not true if the underdog is Palestinian.

McConnell then details the way in which Charles Krauthammer, Richard Cohen and David Ignatius at the Washington Post all echo Israeli talking points on Gaza: That Israel withdrew from the territory in 2005 and got only rockets for an answer, and that Hamas is a hateful organization.

Does not publishing this kind of narrative, again and again, constitute a kind of journalistic malpractice, an abrogation of a major newspaper’s responsibility to inform? To imply that the Palestinians have no cause to resist, when rather plainly they exist in circumstances no people on earth would tolerate, is not really different from an actual lie. Israel can lie about Gaza if it wants, as governments do. But should major U.S. newspapers do so in their editorial and opinion pages?

It is hardly as if such journalistic distortions come without cost to Americans. Faced with a vast region of critical strategic importance, American readers are being deprived of information essential to understanding what is going on. The Arab world is radicalizing rapidly, often in anti-American ways, and one stream feeding the radicalism is U.S. diplomatic and moral support for Israel’s cruel blockade of Gaza.

Why Israel Didn’t Win

Adam Shatz
From The London Review of Books

The ceasefire agreed by Israel and Hamas in Cairo after eight days of fighting is merely a pause in the Israel-Palestine conflict. It promises to ease movement at all border crossings with the Gaza Strip, but will not lift the blockade. It requires Israel to end its assault on the Strip, and Palestinian militants to stop firing rockets at southern Israel, but it leaves Gaza as miserable as ever: according to a recent UN report, the Strip will be ‘uninhabitable’ by 2020. And this is to speak only of Gaza. How easily one is made to forget that Gaza is only a part – a very brutalised part – of the ‘future Palestinian state’ that once seemed inevitable, and which now seems to exist mainly in the lullabies of Western peace processors. None of the core issues of the Israel-Palestine conflict – the Occupation, borders, water rights, repatriation and compensation of refugees – is addressed by this agreement.
The fighting will erupt again, because Hamas will come under continued pressure from its members and from other militant factions, and because Israel has never needed much pretext to go to war. In 1982, it broke its ceasefire with Arafat’s PLO and invaded Lebanon, citing the attempted assassination of its ambassador to London, even though the attack was the work of Arafat’s sworn enemy, the Iraqi agent Abu Nidal. In 1996, during a period of relative calm, it assassinated Hamas’s bomb-maker Yahya Ayyash, the ‘Engineer’, leading Hamas to strike back with a wave of suicide attacks in Israeli cities. When, a year later, Hamas proposed a thirty-year hudna, or truce, Binyamin Netanyahu dispatched a team of Mossad agents to poison the Hamas leader Khaled Meshaal in Amman; under pressure from Jordan and the US, Israel was forced to provide the antidote, and Meshaal is now the head of Hamas’s political bureau – and an ally of Egypt’s new president, Mohamed Morsi.

Operation Pillar of Defence, Israel’s latest war, began just as Hamas was cobbling together an agreement for a long-term ceasefire. Its military commander, Ahmed al-Jabari, was assassinated only hours after he reviewed the draft proposal. Netanyahu and his defence minister, Ehud Barak, could have had a ceasefire – probably on more favourable terms – without the deaths of more than 160 Palestinians and five Israelis, but then they would have missed a chance to test their new missile defence shield, Iron Dome, whose performance was Israel’s main success in the war. They would also have missed a chance to remind the people of Gaza of their weakness in the face of Israeli military might. The destruction in Gaza was less extensive than it had been in Operation Cast Lead, but on this occasion too the aim, as Gilad Sharon, Ariel’s son, put it in the Jerusalem Post, was to send out ‘a Tarzan-like cry that lets the entire jungle know in no uncertain terms just who won, and just who was defeated’.

Victory in war is not measured solely in terms of body counts, however. And the ‘jungle’ – the Israeli word not just for the Palestinians but for the Arabs as a whole – may have the last laugh. Not only did Hamas put up a better fight than it had in the last war, it averted an Israeli ground offensive, won implicit recognition as a legitimate actor from the United States (which helped to broker the talks in Cairo), and achieved concrete gains, above all an end to targeted assassinations and the easing of restrictions on the movement of people and the transfer of goods at the crossings. There was no talk in Cairo, either, of the Quartet Principles requiring Hamas to renounce violence, recognise Israel and adhere to past agreements between Israel and the Palestinian Authority: a symbolic victory for Hamas, but not a small one. And the Palestinians were not the only Arabs who could claim victory in Cairo. In diplomatic terms, the end of fighting under Egyptian mediation marked the dawn of a new Egypt, keen to reclaim the role that it lost when Sadat signed a separate peace with Israel. ‘Egypt is different from yesterday,’ Morsi warned Israel on the first day of the war. ‘We assure them that the price will be high for continued aggression.’ He underscored this point by sending his prime minister, Hesham Kandil, to Gaza the following day. While refraining from incendiary rhetoric, Morsi made it plain that Israel could not depend on Egyptian support for its attack on Gaza, as it had when Mubarak was in power, and would only have itself to blame if the peace treaty were jeopardised. After all, he has to answer to the Muslim Brotherhood, Hamas’s parent organisation, and to the Egyptian people, who are overwhelmingly hostile to Israel. The Obama administration, keen to preserve relations with Egypt, got the message, and so apparently did Israel. Morsi proved that he could negotiate with Israel without ‘selling out the resistance’, in Meshaal’s words. Internationally, it was his finest hour, though Egyptians may remember it as the prelude to his move a day after the ceasefire to award himself far-reaching executive powers that place him above any law.

That Netanyahu stopped short of a ground war, and gave in to key demands at the Cairo talks, is an indication not only of Egypt’s growing stature, but of Israel’s weakened position. Its relations with Turkey, once its closest ally in the region and the pillar of its ‘doctrine of the periphery’ (a strategy based on alliances with non-Arab states) have deteriorated with the rise of Erdogan and the AKP. The Jordanian monarchy, the second Arab government to sign a peace treaty with Israel, is facing increasingly radical protests. And though Israel may welcome the fall of Assad, an ally of Hizbullah and Iran, it is worried that a post-Assad government, dominated by the Syrian branch of the Muslim Brothers, may be no less hostile to the occupying power in the Golan: the occasional rocket fire from inside Syria in recent days has been a reminder for Israel of how quiet that border was under the Assad family. Israeli leaders lamented for years that theirs was the only democracy in the region. What this season of revolts has revealed is that Israel had a very deep investment in Arab authoritarianism. The unravelling of the old Arab order, when Israel could count on the quiet complicity of Arab big men who satisfied their subjects with flamboyant denunciations of Israeli misdeeds but did little to block them, has been painful for Israel, leaving it feeling lonelier than ever. It is this acute sense of vulnerability, even more than Netanyahu’s desire to bolster his martial credentials before the January elections, that led Israel into war.
Hamas, meanwhile, has been buoyed by the same regional shifts, particularly the triumph of Islamist movements in Tunisia and Egypt: Hamas, not Israel, has been ‘normalised’ by the Arab uprisings. Since the flotilla affair, it has developed a close relationship with Turkey, which is keen to use the Palestinian question to project its influence in the Arab world. It also took the risk of breaking with its patrons in Syria: earlier this year, Khaled Meshaal left Damascus for Doha, while his number two, Mousa Abu Marzook, set himself up in Cairo. Since then, Hamas has thrown in its lot with the Syrian uprising, distanced itself from Iran, and found new sources of financial and political support in Qatar, Egypt and Tunisia. It has circumvented the difficulties of the blockade by turning the tunnels into a lucrative source of revenue and worked, with erratic success, to impose discipline on Islamic Jihad and other militant factions in the Strip. The result has been growing regional prestige, and a procession of high-profile visitors, including the emir of Qatar, Sheikh Hamad bin Khalifa al-Thani, who came to Gaza three weeks before the war and promised $400 million dollars to build housing and repair roads. The emir did not make a similar trip to Ramallah.

Hamas’s growing clout has not gone unnoticed in Tel Aviv: cutting Hamas down to size was surely one of its war aims. If Israel were truly interested in achieving a peaceful settlement on the basis of the 1967 borders – parameters which Hamas has accepted – it might have tried to strengthen Abbas by ending settlement activity, and by supporting, or at least not opposing, his bid for non-member observer status for Palestine at the UN. Instead it has done its utmost to sabotage his UN initiative (with the robust collaboration of the Obama administration), threatening to build more settlements if he persists: such, Hamas has been only too happy to point out, are the rewards for non-violent Palestinian resistance. Operation Pillar of Defence will further undermine Abbas’s already fragile standing in the West Bank, where support for Hamas has never been higher.
Hardly had the ceasefire come into effect than Israel raided the West Bank to round up more than fifty Hamas supporters, while Netanyahu warned that Israel ‘might be compelled to embark’ on ‘a much harsher military operation’. (Avigdor Lieberman, his foreign minister, is said to have pushed for a ground war.) After all, Israel has a right to defend itself. This is what the Israelis say and what the Israel lobby says, along with much of the Western press, including the New York Times. In an editorial headed ‘Hamas’s Illegitimacy’ – a curious phrase, since Hamas only seized power in Gaza after winning a majority in the 2006 parliamentary elections – the Times accused Hamas of attacking Israel because it is ‘consumed with hatred for Israel’. The Times didn’t mention that Hamas’s hatred might have been stoked by a punishing economic blockade. It didn’t mention that between the start of the year and the outbreak of this war, 78 Palestinians in Gaza had been killed by Israeli fire, as against a single Israeli in all of Hamas’s notorious rocket fire. Or – until the war started – that this had been a relatively peaceful year for the miserable Strip, where nearly three thousand Palestinians have been killed by Israel since 2006, as against 47 Israelis by Palestinian fire.

Those who invoke Israel’s right to defend itself are not troubled by this disparity in casualties, because the unspoken corollary is that Palestinians do not have the same right. If they dare to exercise this non-right, they must be taught a lesson. ‘We need to flatten entire neighbourhoods in Gaza,’ Gilad Sharon wrote in the Jerusalem Post. ‘Flatten all of Gaza. The Americans didn’t stop with Hiroshima – the Japanese weren’t surrendering fast enough, so they hit Nagasaki too.’ Israel shouldn’t worry about innocent civilians in Gaza, he said, because there are no innocent civilians in Gaza: ‘They elected Hamas … they chose this freely, and must live with the consequences.’ Such language would be shocking were it not so familiar: in Israel the rhetoric of righteous victimhood has merged with the belligerent rhetoric – and the racism – of the conqueror. Sharon’s Tarzan allusion is merely a variation on Barak’s description of Israel as a villa in the jungle; his invocation of nuclear war reminds us that in 2008, the deputy defence minister Matan
Vilnai proposed ‘a bigger holocaust’ if Gaza continued to resist.

But the price of war is higher for Israel than it was during Cast Lead, and its room for manoeuvre more limited, because the Jewish state’s only real ally, the American government, has to maintain good relations with Egypt and other democratically elected Islamist governments. During the eight days of Pillar of Defence, Israel put on an impressive and deadly fireworks show, as it always does, lighting up the skies of Gaza and putting out menacing tweets straight from The Sopranos. But the killing of entire families and the destruction of government buildings and police stations, far from encouraging Palestinians to submit, will only fortify their resistance, something Israel might have learned by consulting the pages of recent Jewish history. The Palestinians understand that they are no longer facing Israel on their own: Israel, not Hamas, is the region’s pariah. The Arab world is changing, but Israel is not. Instead, it has retreated further behind Jabotinsky’s ‘iron wall’, deepening its hold on the Occupied Territories, thumbing its nose at a region that is at last acquiring a taste of its own power, exploding in spasms of high-tech violence that fail to conceal its lack of a political strategy to end the conflict. Iron Dome may shield Israel from Qassam rockets, but it won’t shield it from the future.
23 November

5 Lies the Media Keeps Repeating About Gaza

From Omar Baddar's Blog, Huffington Post

Political Scientist, Human Rights Activist

Posted: 11/19/2012 2:34 pm

As Israel continues to pound Gaza, the Palestinian death toll of the latest round of violence has crossed the 100 mark. Thus far, the American media has given Israeli officials and spokespersons a free pass to shape the narrative of this conflict with falsehoods. Here are the top 5 lies the media doesn't challenge about the crisis in Gaza:

1. Israel Was Forced to Respond to Rockets to Defend Its Citizens

CNN, like many other American outlets, chose to begin the story of the latest round of violence in Gaza on November 10th, when 4 Israeli soldiers were wounded by Palestinian fire, and the IDF "retaliated" by killing several Palestinians. But just two days before, a 13 year old Palestinian boy was killed in an Israeli military incursion into Gaza (among other fatalities in preceding days). Is there any reason why those couldn't be the starting point of the "cycle of violence"? The bias was even more blatant in 2008/09, when Israel's massive assault on Gaza (which killed 1400+ Palestinians) was cast as self-defense, even though it was acknowledged in passing that Israel was the party that broke the ceasefire agreement in place at the time. Are the Palestinians not entitled to self-defense? And if indiscriminate Palestinian rocket fire is not an acceptable response to Israeli violence (which it absolutely isn't), how can indiscriminate Israeli bombings of Gaza ever be acceptable? And why is the broader context, the fact that Gaza remains under Israeli blockade and military control, overlooked?

2. Israel Tries to Avoid Civilian Casualties

It must be aggravating for Israel's propagandists when high-ranking political officials slip and get off the sanitized/approved message for public consumption. Yesterday, Israeli Interior Minister Eli Yishai said the "goal of the operation is to send Gaza back to the Middle Ages." Not to be outdone, Gilad Sharon, son of former Israeli prime minister Ariel Sharon, said "we need to flatten entire neighborhoods in Gaza. Flatten all of Gaza." If you're thinking this is just rhetoric, consider the fact that, according to Amnesty International, Israel "flattened... busy neighborhoods" into "moonscapes" during its last major assault on Gaza in 2008/09. And it wasn't just human rights organizations that were exposing Israeli war crimes in Gaza, but Israeli soldiers whose conscience could not bear to remain silent about the atrocities they had committed were also coming forward.

If, for some odd reason, you cannot decide whether it is official Israeli spokespersons or soldiers of conscience and human rights investigators who are telling the truth, consider this question: If Hamas has only managed to kill 3 people despite being bent on killing civilians with thousands of indiscriminate rockets, how has Israel managed to kill several dozen Palestinian civilians when it is using sophisticated precision weapons to avoid civilian casualties? In just one Israeli attack yesterday, Israel killed more Palestinian civilians in a matter of minutes than the total number of all Israelis killed by rocket fire from Gaza over the last 3 years. The truth is exposed by the utter disregard for civilian life we see in practice, reaffirmed by testimonies and investigative evidence.

3. This Is About Security

If Israel's main objective were indeed to end the rocket fire from Gaza, all it had to do was accept the truce offered by the Palestinian factions before the Jabari assassination. And if the blockade of Gaza was just about keeping weapons from coming in, why are Palestinian exports from Gaza not allowed out? Why were food items ever restricted? The truth is, this isn't about security; it's about punishing the population of Gaza for domestic Israeli political consumption. When Gilad Sharon recommended the decimation of Gaza, he justified it by saying "the residents of Gaza are not innocent, they elected Hamas." Sharon may find this posturing to be rewarding in some circles, but it's actually the very same logic used by terrorists to attack civilians in democracies. Are Israeli civilians considered legitimate targets of violence because they elected right wing Israeli leaders who commit atrocities against the Palestinians? Of course not, and only a broken moral compass can keep this principle from consistently applying to Palestinian civilians as well.

4. Hamas Is the Problem

Between their religious right-wing domestic agenda, and their refusal to renounce violence against civilians, I'm most certainly no fan of Hamas. But whenever you hear Israel try to scapegoat Hamas for the crisis in Gaza, there are two things to consider. First, Hamas hasn't only showed preparedness to have a truce with Israel if Israel ended its attacks on Gaza, but has also suggested (though with mixed signals) that it is open to a two-state solution. Second, and more importantly, Hamas didn't come to power until 2006/07. Between 1993 and 2006 (13 years), Israel had the more moderate, peaceful, and pliant Palestinian authority (which recognizes Israel and renounces violence) to deal with as a partner for peace. What did Israel do? Did it make peace? Or did it continue to occupy Palestinian land, violate Palestinian rights, and usurp Palestinian resources? What strengthened Hamas and other extremists in Palestine is precisely the moderates' failure to secure any Palestinian rights through cooperation and negotiations. The truth is entirely inverted here: it is Israel's escalating violations of Palestinian rights which strengthen the extremists.

5. There is a Military Solution to this Conflict

This is not the first time, and probably not the last, that Israel has engaged in a military campaign to pummel its opponents into submission. But are we any closer to ending this conflict today after decades of violence? The answer is a resounding no. After the 2006 war in Lebanon, Hezbollah emerged stronger. After the 2009 war on Gaza, Hamas remained in power and maintained possession of thousands of rockets. Israel's military superiority, while indeed impressive (thanks to $30 billion in U.S. military aid this decade), is not stronger than the Palestinian will to live in dignity. The way to end the firing of rockets in the short term is to agree to a truce and end the blockade of Gaza. The way to resolve the entire conflict in the long term is to end Israel's illegal occupation of Palestinian lands and allow the Palestinians to exercise their right to self-determination. We're probably close to a ceasefire agreement to end this round of violence. The real challenge is ending the Israeli occupation for long-term peace and security for Israelis and Palestinians.


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