Adonis Diaries

Posts Tagged ‘Richard Goldstone

Solidarity and a sting: How one complaint to the ICC against Israel got off the ground?

By Joe GillMustafa Abu Sneineh Published date: 21 March 2021

A recent Zoom event hosted from New York to discuss the International Criminal Court (ICC) investigation into alleged Israeli war crimes was hacked by supporters of Israel, who did their best to shut down the public meeting. 

“It was hacked to the extent that participants’ names were taken – I don’t know how they do it – and then they started yelling out obscenities, that we’re all antisemitic and so forth,” said French-American lawyer Frank Romano, who was the guest speaker at the meeting. 

ICC rules it has jurisdiction to probe alleged war crimes by Israel and Hamas. Read More »

Romano, who brought a legal case against Israel to the ICC in late 2019, was there to discuss the impact of the court’s recent decision to investigate possible war crimes by Israel and Palestinian factions since 2014. 

Family members of one of the four children from the Bakr family who were killed in an Israeli attack on a beach during the 2014 Israeli-Palestinian conflict visit their graves in Gaza on 7 February

As a veteran solidarity activist, Frank had been to Israel and Palestine many times, been arrested and detained, and was last deported from Israel in 2018. Verbal and physical abuse and online attacks are par the course.

You get people spitting at you, throwing things at you, trying to get the police to arrest you. I’m talking about being in Hebron, and Qalandiya, at checkpoints, in those kind of central conflict areas.”

As a citizen of France and the US, as well as being a veteran of anti-occupation protests in the Israeli-controlled West Bank, Romano knows the risks he took aren’t comparable to those faced by Palestinians who try to resist occupation. Thousands are in prison. Many have been killed.

Romano, a member of the California and French bars, and a law professor at the University of Paris, never set out to use his training as an international lawyer to bring a case that could ultimately see Israeli leaders and military commanders potentially facing war crimes charges in the Hague.

On the run

Romano’s own submission to the case followed a period of research in Ramallah under the auspices of the Palestinian Authority (PA) in 2018, where he began drafting a legal case of war crimes while himself a fugitive from the Israeli authorities. 

Romano had been arrested in September 2018 after standing in front of an Israeli bulldozer that was about to demolish the homes of Bedouin Palestinians in the village of Khan al-Ahmar in the occupied West Bank. 

Israel to deport French-US professor arrested at Khan al-Ahmar protest. Read More »

The community on the eastern slopes of Jerusalem in Israeli-controlled Area C has long been a site of protests against repeated demolitions of structures belonging to the Jahalin tribe, a Bedouin family expelled from the Naqab desert, also known as the Negev, during the 1948 Arab-Israeli war.

“On 14 September 2018, I was taken to Moscovia,” said Romano, referring to the notorious Israeli police compound in West Jerusalem used mainly for interrogating Palestinians. 

“Inside the prison was very tough. I was placed in a cell with a group of crazy prisoners.” He had asked to be placed with Palestinians, but he was refused by guards because, they said, he was a foreigner. 

When the prisoners, whom the lawyer understood to be Jewish, asked why he was there, they grew angry. “They were saying: ‘You must work with al-Qaeda, you must hate Jews.’ Four of them attacked me, one of them stabbed me with a sharp object. I pushed away and yelled at the guards.”

Romano was placed in solitary confinement and eventually moved again. “I was supposed to go court [in Jerusalem]; instead I was taken to the airport, and they got me in a military facility, where I was presented with two charges from a military court.”

Military court

Israeli military courts are usually reserved for Palestinian prisoners, while others are tried in civilian courts.

At the airport, a fellow prisoner who had managed to smuggle in a phone let Romano call his lawyer. “My lawyer was standing in front of the judge in Jerusalem. They wanted to deport me.”

The police had told the judge that Romano had been released, and that he was on his way to court. In fact, he was still at the airport.

‘I knew they were never going to let me back into Palestine, so I decided to go underground’

– Frank Romano

“The judge was livid, and ordered the police to bring me to Jerusalem within one hour,” Romano said, adding that the judge was so upset about his beating that she acquitted him almost immediately.

Romano was told to leave the country within 10 days. But he had other plans.

“I had my plane ticket, I was supposed to return to France to start teaching. The police when they finally released me told me I could never go back to Khan al-Ahmar.

“I knew they were never going to let me back into Palestine, so I decided to go underground in Ramallah just to continue working with the Palestinians.”

Hired by the PA

After his release by the Israeli police, he fled to Ramallah in the occupied West Bank. With time on his hands, he offered his services to the PA to begin work on legal complaints over Israel’s rights violations in Khan al-Ahmar.

“Since I couldn’t do much for the very first time, I started working on the legal side. I’m an international lawyer, and I teach at the University of Paris, but first of all I’m an-in-the-streets, in-your-face activist.

Middle East Eye understands Romano was paid for his work at the PA public prosecutor’s office on the Khan al-Ahmar case, on recommendation from the PA’s attorney general.

He was also advised on the framework for a legal brief for an ICC war crimes case against Israel. However, the ICC brief was in the hands of the foreign ministry, which had its own team of lawyers working on war crimes complaints. 

The PA had filed its initial complaint against Israel in 2015, a year after the Palestinian Authority had joined the ICC in the wake of the 2014 Gaza war that killed around 2,200 Palestinians, including 551 children. Many other organisations were also filing complaints with the ICC against Israel.

Israeli forces scuffle with American-French law professor Frank Romano (white shirt L) and other Palestinian protestors, with a Palestinian national flag in the background, on September 14, 2018,
Israeli forces scuffle with Frank Romano (white shirt, left) and other Palestinian protesters, with a Palestinian national flag in the background, on 14 September 2018 at Khan al-Ahmar (AFP)

The court’s prolonged initial investigation raised serious doubts that it would actually pursue the case against Israel. “The [ICC] investigations took a whole four years. That’s a long preliminary investigation. There were a lot of complaints that the prosecutor was delaying things,” said Romano.

Still, on his own initiative, he continued to write the petition, staying in Ramallah for four months. Then he received a phone call from someone claiming to be a well-known journalist. 

Ambushed

“I get a WhatsApp call from a very famous French journalist, Olivier Peronnet from Le Monde, and this journalist has written a lot of articles about the occupation,” Romano recalled. “He said that he wanted to interview me in front of Khan al-Ahmar.

“I said I can’t return there, I’m underground. If I go there it’s the Israeli section, I will be arrested again… He convinced me to go from Ramallah back into Area C… I don’t know how he got my number,” Romano said.

“I spent the night with my Bedouin friends in Khan al-Ahmar and the next morning arrived at the rendezvous point. It looked legit – I saw his limousine on the other side of the highway, I walked over there.

Lo and behold it was a set up – he was not the famous Le Monde journalist, he was a member of Mossad or somebody. Within five minutes of this so-called interview, five police cars surrounded me.”

pro-Israel group in France, Ligue Defense Juive (Jewish Defence League), later claimed it had carried out the sting on Romano. Following the set-up, Romano was arrested and deported to France.

There, he was able to finish the ICC legal brief for war crimes, naming certain Israeli officials, in particular Prime Minister Benjamin Netanyahu, and Avigdor Lieberman, the Israeli former defence minister.

ICC complaint

Romano sent the brief to the legal human rights NGO Al-Haq in Ramallah, the Palestinian affiliate of the International Commission of Jurists in Geneva.

Al Haq confirmed to MEE that it had read the brief but “did not provide any input, commentary or materials for the communication”. It also “declined his offer of assistance”.Harris reaffirms US opposition to ICC probe of Israel in call to Netanyahu. Read More »

Al Haq head of legal research and advocacy, Susan Power, explained that the war crimes case was the result of the collective efforts of many organisations, academics and lawyers over several years.

“The decision of the prosecutor was made after almost five years of preliminary examination, and during this time the Office received over a hundred communications.

“The decision was the result of collective efforts by civil society, academics and lawyers who laboured intensively over the five years to submit comprehensive and detailed legal communications demonstrating a reasonable basis to believe that war crimes and crimes against humanity have been committed in the Occupied Palestinian Territory, ie the West Bank, including East Jerusalem, and the Gaza Strip.”

Romano’s legal brief was formally acknowledged by the ICC in January 2020. It formed part of the documentation of the ICC’s “Situation in Palestine” investigation in court papers released in March 2020.

A month earlier, Mark P Dillon, head of the information and evidence unit of the ICC, wrote to Romano, saying: “It appears that your communication relates to a situation already under preliminary examination by the Office of the Prosecutor. Accordingly, your communication will be analysed in this context, with the assistance of other related communications and other available information.”

ICC prosecutor Fatou Bensouda announced a preliminary finding in December 2019 that there was a reasonable case to bring prosecutions for Israeli crimes. Israel contested the court’s jurisdiction, with the full support of the Trump administration, which swiftly revoked Bensouda’s visa and, later, imposed sanctions on her and another ICC official.

Then, last month, the prosecutor announced that the court was proceeding with a probe into possible abuses committed in the Palestinian territories since 2014.

“The Court’s territorial jurisdiction in the situation in Palestine… extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” Bensouda said on 5 February. 

Frank Romano, who was arrested by Israel while protesting against the demolition of a Palestinian village in the West Bank, appears at the Jerusalem court on 16 September 2018 (AFP)
Frank Romano, who was arrested by Israel while protesting against the demolition of a Palestinian village in the West Bank, appears at a Jerusalem court on 16 September 2018 (AFP)

The investigation will cover alleged war crimes both by Israeli forces and Palestinian factions such as Hamas during the conflict in Gaza and Israel’s settlement activity in the West Bank, including East Jerusalem.

For Romano, this is an important moment of accountability for Palestinians after decades of settlement building, ethnic cleansing, and attacks and killings by Israeli forces in the occupied West Bank and Gaza.

And Israel is not happy about it, with Netanyahu claiming that the investigation is “pure antisemitism”. 

“This ‘antisemitism’ thing is getting old now,” said Romano, who has Jewish roots. “Come on, the gig is up. This is not about antisemitism.” 

‘A combination of things are leading me to believe they [Israel] are taking this seriously’

– Frank Romano

He believes that sufficient evidence is already in the possession of the court to issue summons for suspects to appear before the court in The Hague. “A combination of things are leading me to believe they [Israel] are taking this seriously.”

But he admits it is hard to know if the court will get to the stage of issuing arrest warrants. “It’s gonna be a long struggle.”

Bensouda is stepping down in June, to be replaced by a British judge, Karim Khan, and he will not necessarily hold the same course. Several judges are also retiring from the ICC in June, which could change the way the Palestine case is dealt with.

Al Haq’s Power said the timing of Bensouda’s announcement was linked to her stepping down.

“Undoubtedly, a key factor in the timing of the prosecutor’s decision to move to close the preliminary examination was the ending of her term as prosecutor, and her public commitment, expressed at the 2019 Assembly of States Parties [prior to the closure of the Palestine preliminary examination], that she would make a final decision on every preliminary examination file before her office, before the end of her term. In this regard, we were very much some expecting news.”

Israeli pressure

Given the immense weight of the proceedings, political pressure will be brought to bear against the ICC, Romano predicted.

“The members of the court are going to be subject to attack. We’re going to have a new set of judges as well. Are they going to be strong enough to withstand the tremendous pressure they will be subjected to, like Goldstone?”

Richard Goldstone headed the UN investigation into alleged war crimes in Israel’s 2008-9 war on Gaza and concluded that “actions amounting to war crimes and possibly, in some respects, crimes against humanity, were committed by the Israel Defence Forces”.

However, after coming under intense pressure from Israel and its allies, the South African judge retracted his findings two years later in 2011, although his fellow judges rejected his recantation, insisting the initial report was valid.

Still, if senior Israeli officials are eventually arrested for war crimes, it will be quite a turnaround, a moment of justice shared by thousands of Palestinians who have suffered at the occupation’s hands over the decades.

Note: It is the colonial powers that are the most afraid to be brought to the ICC. Even if the complaints fail, just being confronted with crimes they never contemplated will be held in court is traumatic for their faked claims of justice, liberty, human rights and democratic system superiority after WWII.

 

Top Ten Myths about the Israeli-Palestinian Conflict

Myth #1 – Jews and Arabs have always been in conflict in the region.

Although Palestinians “Arabs” were the vast majority in Palestine prior to the creation of the state of Israel, there had always been a minority Jewish population, as well. For the most part, Jewish Palestinians got along with their Palestinian Arabs (Moslem and Christians) neighbors.

This began to change with the onset of the Zionist movement, because the Zionists rejected the right of the Palestinians to self-determination and wanted Palestine for their own, to create a “Jewish State” in a region where Arabs were the majority and owned most of the land.

For instance, after a series of riots in Jaffa in 1921 resulting in the deaths of 47 Jews and 48 Arabs, the occupying British held a commission of inquiry, which reported their finding that “there is no inherent anti-Semitism in the country, racial or religious.” Rather, Arab attacks on Jewish communities were the result of Arab fears about the stated goal of the Zionists to take over the land. (But we are all Semite in this region according to western c=invented terms)

After major violence again erupted in 1929, the British Shaw Commission report noted that “In less than 10 years three serious attacks have been made by Arabs on Jews. For 80 years before the first of these attacks there is no recorded instance of any similar incidents.”

Representatives from all sides of the emerging conflict testified to the commission that prior to the First World War, “the Jews and Arabs lived side by side if not in amity, at least with tolerance, a quality which today is almost unknown in Palestine.”

The problem was that “The Arab people of Palestine are today united in their demand for representative government”, but were being denied that right by the Zionists and their British benefactors. (Britain refused to even hold municipal elections during its mandate on the ground that the Jews were minority)

The British Hope-Simpson report of 1930 similarly noted that Jewish residents of non-Zionist communities in Palestine enjoyed friendship with their Arab neighbors. “It is quite a common sight to see an Arab sitting in the verandah of a Jewish house”, the report noted. “The position is entirely different in the Zionist colonies.” (The problem was Zionism plans to take hold of Palestine through building colonies and settlements)

Myth #2 – The United Nations created Israel.

The U.N. became involved when the British sought to wash its hands of the volatile situation its policies had helped to create, and to extricate itself from Palestine. To that end, they requested that the U.N. take up the matter.

As a result, a U.N. Special Commission on Palestine (UNSCOP) was created to examine the issue and offer its recommendation on how to resolve the conflict.

UNSCOP contained no representatives from any Arab country and in the end issued a report that explicitly rejected the right of the Palestinians to self-determination. Rejecting the democratic solution to the conflict, UNSCOP instead proposed that Palestine be partitioned into two states: one Arab and one Jewish.

The U.N. General Assembly endorsed UNSCOP’s in its Resolution 181. It is often claimed that this resolution “partitioned” Palestine, or that it provided Zionist leaders with a legal mandate for their subsequent declaration of the existence of the state of Israel, or some other similar variation on the theme. All such claims are absolutely false.

Resolution 181 merely endorsed UNSCOP’s report and conclusions as a recommendation.

Needless to say, for Palestine to have been officially partitioned, this recommendation would have had to have been accepted by both Jews and Arabs, which it was not.

Moreover, General Assembly resolutions are not considered legally binding (only Security Council resolutions are). And, furthermore, the U.N. would have had no authority to take land from one people and hand it over to another, and any such resolution seeking to so partition Palestine would have been null and void, anyway. (The recommended partition gave the Zionists 56% of the land while the jews represented 40% of the population)

Myth #3 – The Arabs missed an opportunity to have their own state in 1947.

The U.N. recommendation to partition Palestine was rejected by the Arabs. Many commentators today point to this rejection as constituting a missed “opportunity” for the Arabs to have had their own state. But characterizing this as an “opportunity” for the Arabs is patently ridiculous. The Partition plan was in no way, shape, or form an “opportunity” for the Arabs.

First of all, as already noted, Arabs were a large majority in Palestine at the time, with Jews making up about a third of the population by then, due to massive immigration of Jews from Europe (in 1922, by contrast, a British census showed that Jews represented only about 11 percent of the population).

Additionally, land ownership statistics from 1945 showed that Arabs owned more land than Jews in every single district of Palestine, including Jaffa, where Arabs owned 47 percent of the land while Jews owned 39 percent – and Jaffa boasted the highest percentage of Jewish-owned land of any district. In other districts, Arabs owned an even larger portion of the land.

At the extreme other end, for instance, in Ramallah, Arabs owned 99 percent of the land. In the whole of Palestine, Arabs owned 85 percent of the land, while Jews owned less than 7 percent, which remained the case up until the time of Israel’s creation.

Yet, despite these facts, the U.N. partition recommendation had called for more than half of the land of Palestine to be given to the Zionists for their “Jewish State”.

The truth is that no Arab could be reasonably expected to accept such an unjust proposal. For political commentators today to describe the Arabs’ refusal to accept a recommendation that their land be taken away from them, premised upon the explicit rejection of their right to self-determination, as a “missed opportunity” represents either an astounding ignorance of the roots of the conflict or an unwillingness to look honestly at its history.

It should also be noted that the partition plan was also rejected by many Zionist leaders.

Among those who supported the idea, which included David Ben-Gurion, their reasoning was that this would be a pragmatic step towards their goal of acquiring the whole of Palestine for a “Jewish State” – something which could be finally accomplished later through force of arms.

When the idea of partition was first raised years earlier, for instance, Ben-Gurion had written that “after we become a strong force, as the result of the creation of a state, we shall abolish partition and expand to the whole of Palestine”.

Partition should be accepted, he argued, “to prepare the ground for our expansion into the whole of Palestine”. The Jewish State would then “have to preserve order”, if the Arabs would not acquiesce, “by machine guns, if necessary.”

Myth #4 – Israel has a “right to exist”.

The fact that this term is used exclusively with regard to Israel is instructive as to its legitimacy, as is the fact that the demand is placed upon Palestinians to recognize Israel’s “right to exist”, while no similar demand is placed upon Israelis to recognize the “right to exist” of a Palestinian state.

Nations don’t have rights, people do. The proper framework for discussion is within that of the right of all peoples to self-determination.

Seen in this, the proper framework, it is an elementary observation that it is not the Arabs which have denied Jews that right, but the Jews which have denied that right to the Arabs. The terminology of Israel’s “right to exist” is constantly employed to obfuscate that fact.

As already noted, Israel was not created by the U.N., but came into being on May 14, 1948, when the Zionist leadership unilaterally, and with no legal authority, declared Israel’s existence, with no specification as to the extent of the new state’s borders.

In a moment, the Zionists had declared that Arabs no longer the owners of their land – it now belonged to the Jews. In an instant, the Zionists had declared that the majority Arabs of Palestine were now second-class citizens in the new “Jewish State”.

The Arabs, needless to say, did not passively accept this development, and neighboring Arab countries declared war on the Zionist regime in order to prevent such a grave injustice against the majority inhabitants of Palestine.

It must be emphasized that the Zionists had no right to most of the land they declared as part of Israel, while the Arabs did.

This war, therefore, was not, as is commonly asserted in mainstream commentary, an act of aggression by the Arab states against Israel. Rather, the Arabs were acting in defense of their rights, to prevent the Zionists from illegally and unjustly taking over Arab lands and otherwise disenfranchising the Arab population.

The act of aggression was the Zionist leadership’s unilateral declaration of the existence of Israel, and the Zionists’ use of violence to enforce their aims both prior to and subsequent to that declaration.

In the course of the war that ensued, Israel implemented a policy of ethnic cleansing. 700,000 Arab Palestinians were either forced from their homes or fled out of fear of further massacres, such as had occurred in the village of Deir Yassin shortly before the Zionist declaration.

These Palestinians have never been allowed to return to their homes and land, despite it being internationally recognized and encoded in international law that such refugees have an inherent “right of return”.

Palestinians will never agree to the demand made of them by Israel and its main benefactor, the U.S., to recognize Israel’s “right to exist”. To do so is effectively to claim that Israel had a “right” to take Arab land, while Arabs had no right to their own land.

It is effectively to claim that Israel had a “right” to ethnically cleanse Palestine, while Arabs had no right to life, liberty, and the pursuit of happiness in their own homes, on their own land.

The constant use of the term “right to exist” in discourse today serves one specific purpose: It is designed to obfuscate the reality that it is the Jews that have denied the Arab right to self-determination, and not vice versa, and to otherwise attempt to legitimize Israeli crimes against the Palestinians, both historical and contemporary.

Myth #5 – The Arab nations threatened Israel with annihilation in 1967 and 1973

The fact of the matter is that it was Israel that fired the first shot of the “Six Day War”.

Early on the morning of June 5, Israel launched fighters in a surprise attack on Egypt (then the United Arab Republic), and successfully decimated the Egyptian air force while most of its planes were still on the ground.

It is virtually obligatory for this attack to be described by commentators today as “preemptive”. But to have been “preemptive”, by definition, there must have been an imminent threat of Egyptian aggression against Israel. Yet there was none.

It is commonly claimed that President Nasser’s bellicose rhetoric, blockade of the Straits of Tiran, movement of troops into the Sinai Peninsula, and expulsion of U.N. peacekeeping forces from its side of the border collectively constituted such an imminent threat.

Yet, both U.S. and Israeli intelligence assessed at the time that the likelihood Nasser would actually attack was low. The CIA assessed that Israel had overwhelming superiority in force of arms, and would, in the event of a war, defeat the Arab forces within two weeks; within a week if Israel attacked first, which is what actually occurred.

It must be kept in mind that Egypt had been the victim of aggression by the British, French, and Israelis in the 1956 “Suez Crisis”, following Egypt’s nationalization of the Suez Canal.

In that war, the three aggressor nations conspired to wage war upon Egypt, which resulted in an Israeli occupation of the Sinai Peninsula. Under U.S. pressure, Israel withdrew from the Sinai in 1957, but Egypt had not forgotten the Israeli aggression.

Moreover, Egypt had formed a loose alliance with Syria and Jordan, with each pledging to come to the aid of the others in the event of a war with Israel. Jordan had criticized Nasser for not living up to that pledge after the Israeli attack on West Bank village of Samu the year before, and his rhetoric was a transparent attempt to regain face in the Arab world.

That Nasser’s positioning was defensive, rather than projecting an intention to wage an offensive against Israel, was well recognized among prominent Israelis. As Avraham Sela of the Shalem Center has observed, “The Egyptian buildup in Sinai lacked a clear offensive plan, and Nasser’s defensive instructions explicitly assumed an Israeli first strike.”

Israeli Prime Minister Menachem Begin acknowledged that “In June 1967, we again had a choice. The Egyptian army concentrations in the Sinai approaches do not prove that Nasser was really about to attack us. We must be honest with ourselves. We decided to attack him.”

Yitzhak Rabin, who would also later become Prime Minister of Israel, admitted in 1968 that “I do not think Nasser wanted war. The two divisions he sent to the Sinai would not have been sufficient to launch an offensive war. He knew it and we knew it.”

Israelis have also acknowledged that their own rhetoric at the time about the “threat” of “annihilation” from the Arab states was pure propaganda.

General Chaim Herzog, commanding general and first military governor of the occupied West Bank following the war, admitted that “There was no danger of annihilation. Israeli headquarters never believed in this danger.”

General Ezer Weizman similarly said, “There was never a danger of extermination. This hypothesis had never been considered in any serious meeting.”

Chief of Staff Haim Bar-Lev acknowledged, “We were not threatened with genocide on the eve of the Six-Day War, and we had never thought of such possibility.”

Israeli Minister of Housing Mordechai Bentov has also acknowledged that “The entire story of the danger of extermination was invented in every detail, and exaggerated a posteriori to justify the annexation of new Arab territory.”

In 1973, in what Israelis call the “Yom Kippur War”, Egypt and Syria launched a surprise offensive to retake the Sinai and the Golan Heights, respectively. This joint action is popularly described in contemporaneous accounts as an “invasion” of or act of “aggression” against Israel.

Yet, as already noted, following the June ’67 war, the U.N. Security Council passed resolution 242 calling upon Israel to withdraw from the occupied territories. Israel, needless to say, refused to do so and has remained in perpetual violation of international law ever since.

During the 1973 war, Egypt and Syria thus “invaded” their own territory, then under illegal occupation by Israel.

The corollary of the description of this war as an act of Arab aggression implicitly assumes that the Sinai Peninsula, Golan Heights, West Bank, and Gaza Strip were Israeli territory. This is, needless to say, a grossly false assumption that demonstrates the absolutely prejudicial and biased nature of mainstream commentary when it comes to the Israeli-Arab conflict.

This false narrative fits in with the larger overall narrative, equally fallacious, of Israeli as the “victim” of Arab intransigence and aggression. This narrative, largely unquestioned in the West, flips reality on its head.

Myth #6 – U.N. Security Council Resolution 242 called only for a partial Israeli withdrawal.

Resolution 242 was passed in the wake of the June ’67 war and called for the “Withdrawal of Israel armed forces from territories occupied in the recent conflict.” While the above argument enjoys widespread popularity, it has no merit whatsoever.

The central thesis of this argument is that the absence of the word “the” before “occupied territories” in that clause means not “all of the occupied territories” were intended. Essentially, this argument rests upon the ridiculous logic that because the word “the” was omitted from the clause, we may therefore understand this to mean that “some of the occupied territories” was the intended meaning.

Grammatically, the absence of the word “the” has no effect on the meaning of this clause, which refers to “territories”, plural.

A simple litmus test question is: Is it territory that was occupied by Israel in the ’67 war? If yes, then, under international law and Resolution 242, Israel is required to withdraw from that territory. Such territories include the Syrian Golan Heights, the West Bank, and the Gaza Strip.

The French version of the resolution, equally authentic as the English, contains the definite article, and a majority of the members of the Security Council made clear during deliberations that their understanding of the resolution was that it would require Israel to fully withdraw from all occupied territories.

Additionally, it is impossible to reconcile with the principle of international law cited in the preamble to the resolution, of “the inadmissibility of the acquisition of territory by war”. To say that the U.N. intended that Israel could retain some of the territory it occupied during the war would fly in the face of this cited principle.

One could go on to address various other logical fallacies associated with this frivolous argument, but as it is absurd on its face, it would be superfluous to do so.

Myth #7 – Israeli military action against its neighbors is only taken to defend itself against terrorism.

The facts tell another story. Take, for instance, the devastating 1982 Israeli war on Lebanon. As political analyst Noam Chomsky extensively documents in his epic analysis “The Fateful Triangle”, this military offensive was carried out with barely even the thinnest veil of a pretext.

While one may read contemporary accounts insisting this war was fought in response to a constant shelling of northern Israeli by the PLO, then based in Lebanon, the truth is that, despite continuous Israeli provocations, the PLO had with only a few exceptions abided by a cease-fire that had been in place. Moreover, in each of those instances, it was Israel that had first violated the cease-fire.

Among the Israeli provocations, throughout early 1982, it attacked and sank Lebanese fishing boats and otherwise committed hundreds of violations of Lebanese territorial waters. It committed thousands of violations of Lebanese airspace, yet never did manage to provoke the PLO response it sought to serve as the casus belli for the planned invasion of Lebanon.

On May 9, Israel bombed Lebanon, an act that was finally met with a PLO response when it launched rocket and artillery fire into Israel.

Then a terrorist group headed by Abu Nidal attempted to assassinate Israeli Ambassador Shlomo Argov in London. Although the PLO itself had been at war with Abu Nidal, who had been condemned to death by a Fatah military tribunal in 1973, and despite the fact that Abu Nidal was not based in Lebanon, Israel cited this event as a pretext to bomb the Sabra and Shatila refugee camps, killing 200 Palestinians.

The PLO responded by shelling settlements in northern Israel. Yet Israel did not manage to provoke the kind of larger-scale response it was looking to use as a casus belli for its planned invasion.

As Israeli scholar Yehoshua Porath has suggested, Israel’s decision to invade Lebanon, far from being a response to PLO attacks, rather “flowed from the very fact that the cease-fire had been observed”.

Writing in the Israeli daily Haaretz, Porath assessed that “The government’s hope is that the stricken PLO, lacking a logistic and territorial base, will return to its earlier terrorism…. In this way, the PLO will lose part of the political legitimacy that it has gained … undercutting the danger that elements will develop among the Palestinians that might become a legitimate negotiating partner for future political accommodations.”

As another example, take Israel’s Operation Cast Lead from December 27, 2008 to January 18, 2009.

Prior to Israel’s assault on the besieged and defenseless population of the Gaza Strip, Israel had entered into a cease-fire agreement with the governing authority there, Hamas. Contrary to popular myth, it was Israel, not Hamas, who ended the cease-fire.

The pretext for Operation Cast Lead is obligatorily described in Western media accounts as being the “thousands” of rockets that Hamas had been firing into Israel prior to the offensive, in violation of the cease-fire.

The truth is that from the start of the cease-fire in June until November 4, Hamas fired no rockets, despite numerous provocations from Israel, including stepped-up operations in the West Bank and Israeli soldiers taking pop-shots at Gazans across the border, resulting in several injuries and at least one death.

On November 4, it was again Israel who violated the cease-fire, with airstrikes and a ground invasion of Gaza that resulted in further deaths. Hamas finally responded with rocket fire, and from that point on the cease-fire was effectively over, with daily tit-for-tat attacks from both sides.

Despite Israel’s lack of good faith, Hamas offered to renew the cease-fire from the time it was set to officially expire in December. Israel rejected the offer, preferring instead to inflict violent collective punishment on the people of Gaza.

As the Israeli Intelligence and Terrorism Information Center noted, the truce “brought relative quiet to the western Negev population”, with 329 rocket and mortar attacks, “most of them during the month and a half after November 4″, when Israel had violated and effectively ended the truce. This stands in remarkable contrast to the 2,278 rocket and mortar attacks in the six months prior to the truce. Until November 4, the center also observed, “Hamas was careful to maintain the ceasefire.”

If Israel had desired to continue to mitigate the threat of Palestinian militant rocket attacks, it would have simply not ended the cease-fire, which was very highly effective in reducing the number of such attacks, including eliminating all such attacks by Hamas. It would not have instead resorted to violence, predictably resulting in a greatly escalated threat of retaliatory rocket and mortar attacks from Palestinian militant groups.

Even if Israel could claim that peaceful means had been exhausted and that a resort military force to act in self-defense to defend its civilian population was necessary, that is demonstrably not what occurred. Instead, Israel deliberately targeted the civilian population of Gaza with systematic and deliberate disproportionate and indiscriminate attacks on residential areas, hospitals, schools, and other locations with protected civilian status under international law.

As the respected international jurist who headed up the United Nations investigation into the assault, Richard Goldstone, has observed, the means by which Israel carried out Operation Cast Lead were not consistent with its stated aims, but was rather more indicative of a deliberate act of collective punishment of the civilian population.

Myth #8 – God gave the land to the Jews, so the Arabs are the occupiers.

No amount of discussion of the facts on the ground will ever convince many Jews and Christians that Israel could ever do wrong, because they view its actions as having the hand of God behind it, and that its policies are in fact the will of God. They believe that God gave the land of Palestine, including the West Bank and Gaza Strip, to the Jewish people, and therefore Israel has a “right” to take it by force from the Palestinians, who, in this view, are the wrongful occupiers of the land.

But one may simply turn to the pages of their own holy books to demonstrate the fallaciousness of this or similar beliefs. Christian Zionists are fond of quoting passages from the Bible such as the following to support their Zionist beliefs:

“And Yahweh said to Abram, after Lot had separated from him: ‘Lift your eyes now and look from the place where you are – northward, southward, eastward, and westward; for all the land which you see I give to you and your descendants forever. And I will make your descendants as the dust of the earth; so that if a man could number the dust of the earth, then your descendants could also be numbered. Arise, walk in the land through its length and its width, for I give it to you.” (Genesis 13:14-17)

“Then Yahweh appeared to him and said: ‘Do not go down to Egypt; live in the land of which I shall tell you. Dwell in the land, and I will be with you and bless you; for to you and your descendants I give all these lands, and I will perform the oath which I swore to Abraham your father.” (Genesis 26: 1-3)

“And behold, Yahweh stood above it and said: ‘I am Yahweh, God of Abraham your father, and the God of Isaac; the land on which you lie I will give to you and your descendants.” (Genesis 28:13)

Yet Christian Zionists conveniently disregard other passages providing further context for understanding this covenant, such as the following:

“You shall therefore keep all My statutes and all My judgments, and perform them, that the land where I am bringing you to dwell may not vomit you out.” (Leviticus 20:22)

“But if you do not obey Me, and do not observe all these commandments … but break My covenant … I will bring the land to desolation, and your enemies who dwell in it shall be astonished at it. I will scatter you among the nations and draw out a sword after you; your land shall be desolate and your cities waste … You shall perish among the nations, and the land of your enemies shall eat you up.” (Leviticus 26: 14, 15, 32-33, 28)

“Therefore Yahweh was very angry with Israel, and removed them from His sight; there was none left but the tribe of Judah alone…. So Israel was carried away from their own land to Assyria, as it is to this day.” (2 Kings 17:18, 23)

“And I said, after [Israel] had done all these things, ‘Return to Me.’ But she did not return. And her treacherous sister Judah saw it. Then I saw that for all the causes for which backsliding Israel had committed adultery, I had put her away and given her a certificate of divorce; yet her treacherous sister Judah did not fear, but went and played the harlot also.” (Jeremiah 3: 7-8)

Yes, in the Bible, Yahweh, the God of Abraham, Isaac, and Israel, told the Hebrews that the land could be theirs – if they would obey his commandments. Yet, as the Bible tells the story, the Hebrews were rebellious against Yahweh in all their generations.

What Jewish and Christian Zionists omit from their Biblical arguments in favor of continued Israel occupation is that Yahweh also told the Hebrews, including the tribe of Judah (from whom the “Jews” are descended), that he would remove them from the land if they broke the covenant by rebelling against his commandments, which is precisely what occurs in the Bible.

Thus, the theological argument for Zionism is not only bunk from a secular point of view, but is also a wholesale fabrication from a scriptural perspective, representing a continued rebelliousness against Yahweh and his Torah, and the teachings of Yeshua the Messiah (Jesus the Christ) in the New Testament. (I refrained from any comment on this myth because religious verses are all crap and don’t deal with, except in historical context of religions)

Myth #9 – Palestinians reject the two-state solution because they want to destroy Israel.

In an enormous concession to Israel, Palestinians have long accepted the two-state solution.

The elected representatives of the Palestinian people in Yasser Arafat’s Palestine Liberation Organization (PLO) had since the 70s recognized the state of Israel and accepted the two-state solution to the conflict.

Despite this, Western media continued through the 90s to report that the PLO rejected this solution and instead wanted to wipe Israel off the map.

The pattern has been repeated since Hamas was voted into power in the 2006 Palestinian elections.

Although Hamas has for years accepted the reality of the state of Israel and demonstrated a willingness to accept a Palestinian state in the West Bank and Gaza Strip alongside Israel, it is virtually obligatory for Western mainstream media, even today, to report that Hamas rejects the two-state solution, that it instead seeks “to destroy Israel”.

In fact, in early 2004, shortly before he was assassinated by Israel, Hamas founder Sheik Ahmed Yassin said that Hamas could accept a Palestinian state alongside Israel. Hamas has since repeatedly reiterated its willingness to accept a two-state solution. (Actually, evry Palestinian leader who recognized Israel was assassinated by Israel)

In early 2005, Hamas issued a document stating its goal of seeking a Palestinian state alongside Israel and recognizing the 1967 borders.

The exiled head of the political bureau of Hamas, Khalid Mish’al, wrote in the LondonGuardian in January 2006 that Hamas was “ready to make a just peace”.  He wrote that “We shall never recognize the right of any power to rob us of our land and deny us our national rights…. But if you are willing to accept the principle of a long-term truce, we are prepared to negotiate the terms.”

During the campaigning for the 2006 elections, the top Hamas official in Gaza, Mahmoud al-Zahar said that Hamas was ready to “accept to establish our independent state on the area occupied [in] ’67″, a tacit recognition of the state of Israel.

The elected prime minister from Hamas, Ismail Haniyeh, said in February 2006 that Hamas accepted “the establishment of a Palestinian state” within the “1967 borders”.

In April 2008, former U.S. President Jimmy Carter met with Hamas officials and afterward stated that Hamas “would accept a Palestinian state on the 1967 borders” and would “accept the right of Israel to live as a neighbor next door in peace”. It was Hamas’ “ultimate goal to see Israel living in their allocated borders, the 1967 borders, and a contiguous, vital Palestinian state alongside.”

That same month Hamas leader Meshal said, “We have offered a truce if Israel withdraws to the 1967 borders, a truce of 10 years as a proof of recognition.”

In 2009, Meshal said that Hamas “has accepted a Palestinian state on the 1967 borders”.

Hamas’ shift in policy away from total rejection of the existence of the state of Israel towards acceptance of the international consensus on a two-state solution to the conflict is in no small part a reflection of the will of the Palestinian public.

A public opinion survey from April of last year, for instance, found that three out of four Palestinians were willing to accept a two-state solution.

Myth #10 – The U.S. is an honest broker and has sought to bring about peace in the Middle East.

Rhetoric aside, the U.S. supports Israel’s policies, including its illegal occupation and other violations of international humanitarian law. It supports Israel’s criminal policies financially, militarily, and diplomatically.

The Obama administration, for example, stated publically that it was opposed to Israel’s settlement policy and ostensibly “pressured” Israel to freeze colonization activities.

Yet very early on, the administration announced that it would not cut back financial or military aid to Israel, even if it defied international law and continued settlement construction. That message was perfectly well understood by the Netanyahu government in Israel, which continued its colonization policies.

To cite another straightforward example, both the U.S. House of Representatives and the Senate passed resolutions openly declaring support for Israel’s Operation Cast Lead, despite a constant stream of reports evidencing Israeli war crimes.

On the day the U.S. Senate passed its resolution “reaffirming the United States’ strong support for Israel in its battle with Hamas” (January 8, 2009), the International Committee of the Red Cross (ICRC) issued a statement demanding that Israel allow it to assist victims of the conflict because the Israeli military had blocked access to wounded Palestinians – a war crime under international law.

That same day, U.N. Secretary General Ban Ki-moon issued a statement condemning Israel for firing on a U.N. aid convoy delivering humanitarian supplies to Gaza and for the killing of two U.N. staff members – both further war crimes.

On the day that the House passed its own version of the resolution, the U.N. announced that it had had to stop humanitarian work in Gaza because of numerous incidents in which its staff, convoys, and installations, including clinics and schools, had come under Israeli attack.

U.S. financial support for Israel surpasses $3 billion annually. When Israel waged a war to punish the defenseless civilian population of Gaza, its pilots flew U.S.-made F-16 fighter-bombers and Apache helicopter gunships, dropping U.S.-made bombs, including the use of white phosphorus munitions in violation of international law.

U.S. diplomatic support for Israeli crimes includes its use of the veto power in the U.N. Security Council. When Israel was waging a devastating war against the civilian population and infrastructure of Lebanon in the summer of 2006, the U.S. vetoed a cease-fire resolution.

As Israel was waging Operation Cast Lead, the U.S. delayed the passage of a resolution calling for an end to the violence, and then abstained rather than criticize Israel once it finally allowed the resolution to be put to a vote.

When the U.N. Human Rights Council officially adopted the findings and recommendations of its investigation into war crimes during Operation Cast Lead, headed up by Richard Goldstone, the U.S. responded by announcing its intention to block any effort to have the Security Council similarly adopt its conclusions and recommendations. The U.S. Congress passed a resolution rejecting the Goldstone report because it found that Israel had committed war crimes.

Through its virtually unconditional support for Israel, the U.S. has effectively blocked any steps to implement the two-state solution to the Israeli-Palestinian conflict.

The so-called “peace process” has for many decades consisted of U.S. and Israeli rejection Palestinian self-determination and blocking of any viable Palestinian state.

About the Author

Jeremy R. Hammond

HomepageFacebookTwitterLinkedInYouTubeGoogle+Jeremy R. Hammond
Jeremy R. Hammond is an independent political analyst and a recipient of the Project Censored Award for Outstanding Investigative Journalism. He is the founding editor of Foreign Policy Journal and the author of Ron Paul vs. Paul Krugman: Austrian vs. Keynesian economics in the financial crisis and The Rejection of Palestinian Self-Determination: The Struggle for Palestine and the Roots of the Israeli-Arab Conflict. His forthcoming book is on the contemporary U.S. role in the Israeli-Palestinian conflict.
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