Category Archives: International Criminal Court

Facing the Facts: Israel Cannot Escape ICC Jurisdiction

The Chief Military Advocate General of the Israeli army, Sharon Afek, and the US Department of Defense General Counsel, Paul Ney, shared a platform at the ‘International Conference on the Law of Armed Conflict’, which took place in Herzliya, Israel between May 28-30.

Their panel witnessed some of the most misconstrued interpretations of international law ever recorded. It was as if Afek and Ney were literally making up their own law on warfare and armed conflict, with no regard to what international law actually stipulates.

Unsurprisingly, both Afek and Ney agreed on many things, including that Israel and the US are blameless in all of their military conflicts, and that they will always be united against any attempt to hold them accountable for war crimes by the International Court of Justice (ICC).

Their tirade against the ICC mirrors that of their own leaders. While Israeli Prime Minister Benjamin Netanyahu’s anti-ICC position is familiar, last April, US President Donald Trump virulently expressed his contempt for the global organization and everything it represents.

“Any attempt to target American, Israeli, or allied personnel for prosecution will be met with a swift and vigorous response,” Trump said in a writing on April 12.

While Trump’s (and Netanyahu’s) divisive language is nothing new, Afek and Ney were entrusted with the difficult task of using legal language to explain their countries’ aversion for international law.

Prior to the Herzliya Conference, Afek addressed the Israel Bar Association convention in Eilat on May 26. Here, too, he made some ludicrous claims as he absolved, in advance, Israeli soldiers who kill Palestinians.

“A soldier who is in a life-threatening situation and acts to defend himself (or) others (he) is responsible for, is receiving and will continue receiving full back-up from the Israeli army,” he said.

The above assertion appears far more sinister once we remember Afek’s views on what constitutes a “life-threatening situation”, as he had articulated in Herzliya a few days later.

“Thousands of Gaza’s residents (try) to breach the border fence,” he said, with reference to the non-violent March of Return at the fence separating besieged Gaza from Israel.

The Gaza protesters “are led by a terrorist organization that deliberately uses civilians to carry out attacks,” Afek said.

Afek sees unarmed protests in Gaza as a form of terrorism, thus concurring with an earlier statement made by then-Israeli Defense Minister, Avigdor Lieberman, on April 8, 2018, when he declared that “there are no innocents in Gaza.”

Israel’s shoot-to-kill policy, however, is not confined to the Gaza Strip but is also implemented with the same degree of violent enthusiasm in the West Bank.

‘No attacker, male or female, should make it out of any attack alive,’ Lieberman said in 2015. His orders were followed implicitly, as hundreds of Palestinians were killed in the West Bank and Jerusalem for allegedly trying to attack Israeli occupation soldiers or armed illegal Jewish settlers.

Unlike democratic political systems everywhere, in Israel the occupation soldier becomes the interpreter and enforcer of the law.

Putting this policy into practice in Gaza is even more horrendous as unarmed protesters are often being killed by Israeli snipers from long distances. Even journalists and medics have not been spared the same tragic fate as the hundreds of civilians who were killed since the start of the protests in March 2018.

Last February, the United Nations Independent Commission of Inquiry on Gaza’s protests concluded that “it has reasonable grounds to believe that during the Great March of Return, Israeli soldiers committed violations of international human rights and humanitarian law. Some of those violations may constitute war crimes or crimes against humanity, and must be immediately investigated by Israel.”

In his attack on the ICC at the Herzliya Conference, Afek contended that “Israel is a law-abiding country, with an independent and strong judicial system, and there is no reason for its actions to be scrutinized by the ICC.”

The Israeli General goes on to reprimand the ICC by urging it to focus on “dealing with the main issues for which it was founded.”

Has Afek even read the Rome Statute? The first Article states that the ICC has the “power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute.”

Article 5 elaborates the nature of these serious crimes, which include: “(a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression.”

Israel has been accused of at least two of these crimes – war crimes and crimes against humanity – repeatedly, including in the February report by the United Nations Independent Commission of Inquiry.

Afek may argue that none of this is relevant to Israel, for the latter is not “a party to the Rome Statute,” therefore, does not fall within ICC’s legal jurisdiction.

Wrong again.

Article 12 of the Rome Statute allows for ICC’s jurisdiction in two cases; first, if the State in which the alleged crime has occurred is itself a party of the Statute and, second, if the State where the crime has occurred agrees to submit itself to the jurisdiction of the court.

While it is true that Israel is not a signatory of the Rome Statute, Palestine has, since 2015, agreed to submit itself to the ICC’s jurisdiction.

Moreover, in April 2015, the State of Palestine formally became a member of the ICC, thus giving the court jurisdiction to investigate crimes committed in the Occupied Territories since June 13, 2014. These crimes include human rights violations carried out during the Israeli war on Gaza in July-August of the same year.

Afek’s skewed understanding of international law went unchallenged at the Herzliya Conference, as he was flanked by equally misguided interpreters of international law.

However, nothing proclaimed by Israel’s top military prosecutor or his government will alter the facts. Israeli war crimes must not go unpunished; Israel’s judicial system is untrustworthy and the ICC has the legal right and moral duty to carry out the will of the international community and hold to account those responsible for war crimes anywhere, including Israel.

Facing the Facts: Israel Cannot Escape ICC Jurisdiction

The Chief Military Advocate General of the Israeli army, Sharon Afek, and the US Department of Defense General Counsel, Paul Ney, shared a platform at the ‘International Conference on the Law of Armed Conflict’, which took place in Herzliya, Israel between May 28-30.

Their panel witnessed some of the most misconstrued interpretations of international law ever recorded. It was as if Afek and Ney were literally making up their own law on warfare and armed conflict, with no regard to what international law actually stipulates.

Unsurprisingly, both Afek and Ney agreed on many things, including that Israel and the US are blameless in all of their military conflicts, and that they will always be united against any attempt to hold them accountable for war crimes by the International Court of Justice (ICC).

Their tirade against the ICC mirrors that of their own leaders. While Israeli Prime Minister Benjamin Netanyahu’s anti-ICC position is familiar, last April, US President Donald Trump virulently expressed his contempt for the global organization and everything it represents.

“Any attempt to target American, Israeli, or allied personnel for prosecution will be met with a swift and vigorous response,” Trump said in a writing on April 12.

While Trump’s (and Netanyahu’s) divisive language is nothing new, Afek and Ney were entrusted with the difficult task of using legal language to explain their countries’ aversion for international law.

Prior to the Herzliya Conference, Afek addressed the Israel Bar Association convention in Eilat on May 26. Here, too, he made some ludicrous claims as he absolved, in advance, Israeli soldiers who kill Palestinians.

“A soldier who is in a life-threatening situation and acts to defend himself (or) others (he) is responsible for, is receiving and will continue receiving full back-up from the Israeli army,” he said.

The above assertion appears far more sinister once we remember Afek’s views on what constitutes a “life-threatening situation”, as he had articulated in Herzliya a few days later.

“Thousands of Gaza’s residents (try) to breach the border fence,” he said, with reference to the non-violent March of Return at the fence separating besieged Gaza from Israel.

The Gaza protesters “are led by a terrorist organization that deliberately uses civilians to carry out attacks,” Afek said.

Afek sees unarmed protests in Gaza as a form of terrorism, thus concurring with an earlier statement made by then-Israeli Defense Minister, Avigdor Lieberman, on April 8, 2018, when he declared that “there are no innocents in Gaza.”

Israel’s shoot-to-kill policy, however, is not confined to the Gaza Strip but is also implemented with the same degree of violent enthusiasm in the West Bank.

‘No attacker, male or female, should make it out of any attack alive,’ Lieberman said in 2015. His orders were followed implicitly, as hundreds of Palestinians were killed in the West Bank and Jerusalem for allegedly trying to attack Israeli occupation soldiers or armed illegal Jewish settlers.

Unlike democratic political systems everywhere, in Israel the occupation soldier becomes the interpreter and enforcer of the law.

Putting this policy into practice in Gaza is even more horrendous as unarmed protesters are often being killed by Israeli snipers from long distances. Even journalists and medics have not been spared the same tragic fate as the hundreds of civilians who were killed since the start of the protests in March 2018.

Last February, the United Nations Independent Commission of Inquiry on Gaza’s protests concluded that “it has reasonable grounds to believe that during the Great March of Return, Israeli soldiers committed violations of international human rights and humanitarian law. Some of those violations may constitute war crimes or crimes against humanity, and must be immediately investigated by Israel.”

In his attack on the ICC at the Herzliya Conference, Afek contended that “Israel is a law-abiding country, with an independent and strong judicial system, and there is no reason for its actions to be scrutinized by the ICC.”

The Israeli General goes on to reprimand the ICC by urging it to focus on “dealing with the main issues for which it was founded.”

Has Afek even read the Rome Statute? The first Article states that the ICC has the “power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute.”

Article 5 elaborates the nature of these serious crimes, which include: “(a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression.”

Israel has been accused of at least two of these crimes – war crimes and crimes against humanity – repeatedly, including in the February report by the United Nations Independent Commission of Inquiry.

Afek may argue that none of this is relevant to Israel, for the latter is not “a party to the Rome Statute,” therefore, does not fall within ICC’s legal jurisdiction.

Wrong again.

Article 12 of the Rome Statute allows for ICC’s jurisdiction in two cases; first, if the State in which the alleged crime has occurred is itself a party of the Statute and, second, if the State where the crime has occurred agrees to submit itself to the jurisdiction of the court.

While it is true that Israel is not a signatory of the Rome Statute, Palestine has, since 2015, agreed to submit itself to the ICC’s jurisdiction.

Moreover, in April 2015, the State of Palestine formally became a member of the ICC, thus giving the court jurisdiction to investigate crimes committed in the Occupied Territories since June 13, 2014. These crimes include human rights violations carried out during the Israeli war on Gaza in July-August of the same year.

Afek’s skewed understanding of international law went unchallenged at the Herzliya Conference, as he was flanked by equally misguided interpreters of international law.

However, nothing proclaimed by Israel’s top military prosecutor or his government will alter the facts. Israeli war crimes must not go unpunished; Israel’s judicial system is untrustworthy and the ICC has the legal right and moral duty to carry out the will of the international community and hold to account those responsible for war crimes anywhere, including Israel.

U.S.: We Will Break Your Legs

Well, not exactly like that, but in a way, yes. Now, finally, ‘the gloves are off’. The U.S. is openly threatening the historically timid ICC (International Criminal Court) and its judges. And unexpectedly, the ICC is hitting back. It refuses to shut up, to kneel, and to beg for mercy.

Suddenly, even the Western mass media outlets cannot conceal the aggressive mafia-style outbursts of the U.S. government officials. On March 15, Reuters reported:

The United States will withdraw or deny visas to any International Criminal Court personnel investigating possible war crimes by U.S. forces or allies in Afghanistan, Secretary of State Mike Pompeo said on Friday.

The court, which sits in The Hague, responded that it was an independent and impartial institution and would continue to do its work “undeterred” by Washington’s actions.

The Trump administration threatened in September to ban ICC judges and prosecutors from entering the United States and sanction funds they have there if the court launched a probe of war crimes in Afghanistan.

Washington took the first step on Friday with Pompeo’s announcement.

I’m announcing a policy of U.S. visa restrictions on those individuals directly responsible for any ICC investigation of U.S. personnel,” Pompeo told a news conference in Washington.

These visa restrictions may also be used to deter ICC efforts to pursue allied personnel, including Israelis, without allies’ consent.

And so it goes… Mike Pompeo’s arrogant facial expression appeared above countless reports and it said it all: the world has to listen to the U.S. dictates, or else!

Naturally, there is logic (even if twisted) behind the U.S. threats. This is an extremely dangerous slope!

No country in the post WWII era has committed so many crimes against humanity, and supported so many genocides, as the United States of America. And, in summary, no other part of the world has murdered more people on our planet, than Europe. And most North Americans are descendants of the Europeans. The ‘foreign policy’ of the U.S. is directly derived from colonialist policies of the former European powers. Therefore, crimes against humanity committed by the West have never stopped; never stopped for centuries.

This simple fact had been hushed up: never really openly discussed by the mass media outlets, in classrooms, or in the courts of law.

If the ICC begins and is allowed to investigate crimes against humanity committed by the West, the entire twisted concept of the U.S. and Europe being pioneers of freedom and democracy could easily and quickly collapse.

Even criticism by Washington, Paris or London of countries such as Venezuela, China or Russia, for their “human rights violations”, would become absurd and grotesque. Entire concept of ‘regime change’ could clearly be exposed for what it always really was – lawless gangsterism.

The U.S. rulers are well aware of the fact that this is ‘extremely bad timing’ for the Empire to allow challenges from some at least marginally independent international bodies.

They try to break all dissent. Like when in 2018, the U.S. and its close ally Israel left the at least partially rebellious intellectual body of the U.N. – UNESCO.

*****

The West is clearly losing the ideological war, and it is panicking. And the more it panics, the more aggressive it gets.

One country after another is being defined as ‘undemocratic’ and designated for ‘regime change’. The methods are different. There are soft coups which have succeeded in overthrowing left-leaning governments in Argentina and later in Brazil. And there are hard methods used by the Empire in and against Afghanistan, Syria, Venezuela, Iran, Yemen, big parts of Africa, Nicaragua and North Korea.

The West openly supports genocides in the Democratic Republic of Congo (DRC), in West Papua occupied and plundered by Indonesia, in Indian occupied Kashmir, as well as the apartheid perpetrated by Israel.

The ICC is now concentrating on the crimes against humanity committed by the United States in Afghanistan, where at least 100,000 died as a result of the near two decades of NATO occupation. These crimes are real and undisputable. I have been working in Afghanistan, and could testify that the West (and particularly the U.S. and U.K.) brought this proud country into a despicable state.

But Afghanistan could be just the beginning; a proverbial Pandora box could open from there.

Most likely, if they take place, the trials against the U.S. and its crimes, would not right away prevent the terror the West is spreading all around the world. But they would open discussion, at least in the countries that have been victims of terrible injustice. Such trials would also help to realign the world: definitely towards Russia and China, and back towards socialism in Latin America and most likely in Africa and parts of Asia.

*****

Pompeo’s speech was so extreme that it could be easily defined as counter-productive for the Empire.

Even the mainstream Western press had to react. Even the Western ‘human rights organizations’ felt obliged to protest.

On March 15, AP published an unprecedented report:

Human Rights Watch called it “a thuggish attempt to penalize investigators” at the ICC.

“The Trump administration is trying an end run around accountability,” it said. “Taking action against those who work for the ICC sends a clear message to torturers and murderers alike: Their crimes may continue unchecked.”

Amnesty International described the move as “the latest attack on international justice and international institutions by an administration hellbent on rolling back human rights protections.”

The American Civil Liberties Union, which represents three people before the ICC who say they were tortured in Afghanistan, called the decision “misguided and dangerous” and “an unprecedented attempt to skirt international accountability for well-documented war crimes that haunt our clients to this day.”

A great part of the world is already horrified by the latest attacks of the West against Venezuela, and by attempts to push countries like China, Russia and North Korea towards military conflict.

Such a barefaced shove for impunity will not go well in many parts of the world.

It was always understood that the West has been forcing the planet to accept its ‘exceptionalism’. But it was understood only or predominantly by a well-informed minority of the people.

The latest headlines will be reaching the masses, on all continents.

Mr. Pompeo made one huge tactical mistake. He touched the ‘big topic’ that was always supposed to be ‘understood’ but unpronounced. Now it is out in the open.

The next step could be the acknowledgment that international law does not apply to the West.

Once this undisputable fact is pronounced, what may follow could be an outrage, and finally, refusal to accept the status quo, at least by several countries, and by billions of people worldwide.

It appears that the Empire has gone one step too far. As a result, paradoxically, its impunity could be really in jeopardy.

• First published by New Eastern Outlook NEO

Once Again, the UN has failed to Name Firms that Profit from Israel’s Illegal Settlements

The United Nations postponed last week for the third time the publication of a blacklist of Israeli and international firms that profit directly from Israel’s illegal settlements in the occupied territories.

The international body had come under enormous pressure to keep the database under wraps after lobbying behind the scenes from Israel, the United States and many of the 200-plus companies that were about to be named.

UN officials have suggested they may go public with the list in a few months.

But with no progress since the UN’s Human Rights Council requested the database back in early 2016, Palestinian leaders are increasingly fearful that it has been permanently shelved.

That was exactly what Israel hoped for. When efforts were first made to publish the list in 2017, Danny Danon, Israel’s ambassador to the UN, warned: “We will do everything we can to ensure that this list does not see the light of day.”

He added that penalising the settlements was “an expression of modern antisemitism”.

Both Israel and the US pulled out of the Human Rights Council last year, claiming that Israel was being singled out.

Israel has good reason to fear greater transparency. Bad publicity would most likely drive many of these firms, a few of them household names, out of the settlements under threat of a consumer backlash and a withdrawal of investments by religious organisations and pension funds.

The UN has reportedly already warned Coca-Cola, Teva Pharmaceuticals, the defence electronics company Elbit Systems and Africa Israel Investments of their likely inclusion. Israeli telecoms and utility companies are particularly exposed because grids serving the settlements are integrated with those in Israel.

There is an added danger that the firms might be vulnerable to prosecutions, should the International Criminal Court at The Hague eventually open an investigation into whether the settlements constitute a war crime, as the Palestinian leadership has demanded.

The exodus of these firms from the West Bank would, in turn, make it much harder for Israel to sustain its colonies on stolen Palestinian land. As a result, efforts to advance a Palestinian state would be strengthened.

Many of the settlements – contrary to widely held impressions of them – have grown into large towns. Their inhabitants expect all the comforts of modern life, from local bank branches to fast-food restaurants and high-street clothing chains.

Nowadays, a significant proportion of Israel’s 750,000 settlers barely understand that their communities violate international law.

The settlements are also gradually being integrated into the global economy, as was highlighted by a row late last year when Airbnb, an accommodation-bookings website, announced a plan to de-list properties in West Bank settlements.

The company was possibly seeking to avoid inclusion on the database, but instead it faced a severe backlash from Israel’s supporters.

This month the US state of Texas approved a ban on all contracts with Airbnb, arguing that the online company’s action was “antisemitic”.

As both sides understand, a lot hangs on the blacklist being made public.

If Israel and the US succeed, and western corporations are left free to ignore the Palestinians’ dispossession and suffering, the settlements will sink their roots even deeper into the West Bank. Israel’s occupation will become ever more irreversible, and the prospect of a Palestinian state ever more distant.

A 2013 report on the ties between big business and the settlements noted the impact on the rights of Palestinians was “pervasive and devastating”.

Sadly, the UN leadership’s cowardice on what should be a straightforward matter – the settlements violate international law, and firms should not assist in such criminal enterprises – is part of a pattern.

Repeatedly, Israel has exerted great pressure on the UN to keep its army off a “shame list” of serious violators of children’s rights. Israel even avoided a listing in 2015 following its 50-day attack on Gaza the previous year, which left more than 500 Palestinian children dead. Dozens of armies and militias are named each year.

The Hague court has also been dragging its feet for years over whether to open a proper war crimes investigation into Israel’s actions in Gaza, as well as the settlements.

The battle to hold Israel to account is likely to rage again this year, after the publication last month of a damning report by UN legal experts into the killing of Palestinian protesters at Gaza’s perimeter fence by Israeli snipers.

Conditions for Gaza’s two million Palestinians have grown dire since Israel imposed a blockade, preventing movement of goods and people, more than a decade ago.

The UN report found that nearly all of those killed by the snipers – 154 out of 183 – were unarmed. Some 35 Palestinian children were among the dead, and of the 6,000 wounded more than 900 were minors. Other casualties included journalists, medical personnel and people with disabilities.

The legal experts concluded that there was evidence of war crimes. Any identifiable commanders and snipers, it added, should face arrest if they visited UN member states.

Israel’s prime minister Benjamin Netanyahu, however, dismissed the report as “lies” born out of “an obsessive hatred of Israel”.

Certainly, it has caused few ripples in western capitals. Britain’s opposition leader Jeremy Corbyn was a lone voice in calling for an arms embargo on Israel in response.

It is this Israeli exceptionalism that is so striking. The more violent Israel becomes towards the Palestinians and the more intransigent in rejecting peace, the less pressure is exerted upon it.

Not only does Israel continue to enjoy generous financial, military and diplomatic support from the US and Europe, both are working ever harder to silence criticisms of its actions by their own citizens.

As the international boycott, divestment and sanctions movement grows larger, western capitals have casually thrown aside commitments to free speech in a bid to crush it.

France has already criminalised support for a boycott of Israel, and its president Emmanuel Macron recently proposed making it illegal to criticise Zionism, the ideology that underpins Israel’s rule over Palestinians.

More than two dozen US states have passed anti-BDS legislation, denying companies and individual contractors dealing with the government of that particular state the right to boycott Israel. In every case, Israel is the only country protected by these laws. Last month, the US Senate passed a bill that adds federal weight to this state-level campaign of intimidation.

The hypocrisy of these states – urging peace in the region while doing their best to subvert it – is clear. Now the danger is that UN leaders will join them.

• First published in The National

What the Press Hides From You About Venezuela

Introduction

This news-report is being submitted to all U.S. and allied news-media, and is being published by all honest ones, in order to inform you of crucial facts that the others — the dishonest ones, who hide such crucial facts — are hiding about Venezuela. These are facts that have received coverage only in one single British newspaper: the Independent, which published a summary account of them on January 26th. That newspaper’s account will be excerpted here at the end, but first will be highlights from its topic, the official report to the U.N. General Assembly in August of last year, which has been covered-up ever since. This is why that report’s author has now gone to the Independent, desperate to get the story out, finally, to the public:

The Covered Up Document

On 3 August 2018, the U.N.’s General Assembly received the report from the U.N. Independent Expert on the Promotion of a Democratic and Equitable International Order, concerning his mission to Venezuela and Ecuador. His recent travel through both countries focused on “how best to enhance the enjoyment of all human rights by the populations of both countries.” He “noted the eradication of illiteracy, free education from primary school to university, and programmes to reduce extreme poverty, provide housing to the homeless and vulnerable, phase out privilege and discrimination, and extend medical care to everyone.” He noted “that the Bolivarian Republic of Venezuela, and Ecuador, both devote around 70 per cent of their national budgets to social services.” However, (and here, key paragraphs from the report are now quoted):

22. Observers have identified errors committed by the Chávez and Maduro Governments, noting that there are too many ideologues and too few technocrats in public administration, resulting in government policies that lack coherence and professional management and discourage domestic investment, already crippled by inefficiency and corruption, which extend to government officials, transnational corporations and entrepreneurs. Critics warn about the undue influence of the military on government and on the running of enterprises like Petróleos de Venezuela. The lack of regular, publicly available data on nutrition, epidemiology and inflation are said to complicate efforts to provide humanitarian support.

23. Meanwhile, the Attorney General, Tarek Saab, has launched a vigorous anticorruption campaign, investigating the links between Venezuelan enterprises and tax havens, contracting scams, and deals by public officials with Odebrecht. It is estimated that corruption in the oil industry has cost the Government US$ 4.8 billion. The Attorney General’s Office informed the Independent Expert of pending investigations for embezzlement and extortion against 79 officials of Petróleos de Venezuela, including 22 senior managers. The Office also pointed to the arrest of two high-level oil executives, accused of money-laundering in Andorra. The Ministry of Justice estimates corruption losses at some US$ 15 billion. Other stakeholders, in contrast, assert that anti-corruption programmes are selective and have not sufficiently targeted State institutions, including the military.

29. Over the past sixty years, non-conventional economic wars have been waged against Cuba, Chile, Nicaragua, the Syrian Arab Republic and the Bolivarian Republic of Venezuela in order to make their economies fail, facilitate regime change and impose a neo-liberal socioeconomic model. In order to discredit selected governments, failures in the field of human rights are maximized so as to make violent overthrow more palatable. Human rights are being “weaponized” against rivals. Yet, human rights are the heritage of every human being and should never be instrumentalized as weapons of demonization.

30. The principles of non-intervention and non-interference in the internal affairs of sovereign States belong to customary international law and have been reaffirmed in General Assembly resolutions, notably [a list is supplied].

31. In its judgment of 27 June 1986 concerning Nicaragua v. United States, the International Court of Justice quoted from [U.N.] resolution 2625 (XXV): “no State shall organize, assist, foment, finance, incite or tolerate subversive, terrorist or armed activities directed towards the violent overthrow of the regime of another State, or interfere in civil strife in another State”.

36. The effects of sanctions imposed by Presidents Obama and Trump and unilateral measures by Canada and the European Union have directly and indirectly aggravated the shortages in medicines such as insulin and anti-retroviral drugs. To the extent that economic sanctions have caused delays in distribution and thus contributed to many deaths, sanctions contravene the human rights obligations of the countries imposing them. Moreover, sanctions can amount to crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court. An investigation by that Court would be appropriate, but the geopolitical submissiveness of the Court may prevent this.

37. Modern-day economic sanctions and blockades are comparable with medieval sieges of towns with the intention of forcing them to surrender. Twenty-first century sanctions attempt to bring not just a town, but sovereign countries to their knees. A difference, perhaps, is that twenty-first century sanctions are accompanied by the manipulation of public opinion through “fake news”, aggressive public relations and a pseudo-human rights rhetoric so as to give the impression that a human rights “end” justifies the criminal means.

39. Economic asphyxiation policies are comparable to those already practised in Chile, the Democratic People’s Republic of Korea, Nicaragua and the Syrian Arab Republic. In January 2018, Middle East correspondent of The Financial Times and The Independent, Patrick Cockburn, wrote on the sanctions affecting Syria:

There is usually a pretence that foodstuffs and medical equipment are being allowed through freely and no mention is made of the financial and other regulatory obstacles making it impossible to deliver them. An example of this is the draconian sanctions imposed on Syria by the US and EU which were meant to target President Bashar al-Assad and help remove him from power. They have wholly failed to do this, but a UN internal report leaked in 2016 shows all too convincingly the effect of the embargo in stopping the delivery of aid by international aid agencies. They cannot import the aid despite waivers because banks and commercial companies dare not risk being penalised for having anything to do with Syria. The report quotes a European doctor working in Syria as saying that “the indirect effect of sanctions … makes the import of the medical instruments and other medical supplies immensely difficult, near impossible”.

In short: economic sanctions kill.

41. Bearing in mind that Venezuelan society is polarized, what is most needed is dialogue between the Government and the opposition, and it would be a noble task on the part of the Secretary-General of the United Nations to offer his good offices for such a dialogue. Yet, opposition leaders Antonio Ledezma and Julio Borges, during a trip through Europe to denounce the Government of the Bolivarian Republic of Venezuela, called for further sanctions as well as a military “humanitarian intervention”.

44. Although the situation in the Bolivarian Republic of Venezuela has not yet reached the humanitarian crisis threshold, there is hunger, malnutrition, anxiety, anguish and emigration. What is crucial is to study the causes of the crisis, including neglected factors of sanctions, sabotage, hoarding, black market activities, induced inflation and contraband in food and medicines. 

45. The “crisis” in the Bolivarian Republic of Venezuela is an economic crisis, which cannot be compared with the humanitarian crises in Gaza, Yemen, Libya, the Syrian Arab Republic, Iraq, Haiti, Mali, the Central African Republic, South Sudan, Somalia, or Myanmar, among others. It is significant that when, in 2017, the Bolivarian Republic of Venezuela requested medical aid from the Global Fund to Fight AIDS, Tuberculosis and Malaria, the plea was rejected, because it ”is still a high-income country … and as such is not eligible”.

46. It is pertinent to recall the situation in the years prior to the election of Hugo Chávez. 118 Corruption was ubiquitous and in 1993, President Carlos Pérez was removed because of embezzlement. The Chávez election in 1998 reflected despair with the corruption and neo-liberal policies of the 1980s and 1990s, and rejection of the gulf between the super-rich and the abject poor.

47. Participatory democracy in the Bolivarian Republic of Venezuela, called “protagónica”, is anchored in the Constitution of 1999 and relies on frequent elections and referendums. During the mission, the Independent Expert exchanged views with the Electoral Commission and learned that in the 19 years since Chávez, 25 elections and referendums had been conducted, 4 of them observed by the Carter Center. The Independent Expert met with the representative of the Carter Center in the Bolivarian Republic of Venezuela, who recalled Carter’s positive assessment of the electoral system. They also discussed the constitutional objections raised by the opposition to the referendum held on 30 July 2017, resulting in the creation of a Constitutional Assembly. Over 8 million Venezuelans voted in the referendum, which was accompanied by international observers, including from the Council of Electoral Specialists of Latin America. 

48. An atmosphere of intimidation accompanied the mission, attempting to pressure the Independent Expert into a predetermined matrix. He received letters from NGOs asking him not to proceed because he was not the “relevant” rapporteur, and almost dictating what should be in the report. Weeks before his arrival, some called the mission a “fake investigation”. Social media insults bordered on “hate speech” and “incitement”. Mobbing before, during and after the mission bore a resemblance to the experience of two American journalists who visited the country in July 2017. Utilizing platforms such as Facebook and Twitter, critics questioned the Independent Expert’s integrity and accused him of bias, demonstrating a culture of intransigence and refusal to accept the duty of an independent expert to be neutral, objective, dispassionate and to apply his expertise free of external pressures.

67. The Independent Expert recommends that the General Assembly: (g) Invoke article 96 of the Charter of the United Nations and refer the following questions to the International Court of Justice: Can unilateral coercive measures be compatible with international law? Can unilateral coercive measures amount to crimes against humanity when a large number of persons perish because of scarcity of food and medicines? What reparations are due to the victims of sanctions? Do sanctions and currency manipulations constitute geopolitical crimes? (h) Adopt a resolution along the lines of the resolutions on the United States embargo against Cuba, declaring the sanctions against the Bolivarian Republic of Venezuela contrary to international law and human rights law.

70. The Independent Expert recommends that the International Criminal Court investigate the problem of unilateral coercive measures that cause death from malnutrition, lack of medicines and medical equipment.

72. The Independent Expert recommends that, until the International Court of Justice and the International Criminal Court address the lethal outcomes of economic wars and sanctions regimes, the Permanent Peoples Tribunal, the Russell Tribunal and the Kuala Lumpur War Crimes Commission undertake the task so as to facilitate future judicial pronouncements.

On January 26th, Britain’s Independent headlined “Venezuela crisis: Former UN rapporteur says US sanctions are killing citizens“, and Michael Selby-Green reported that:

The first UN rapporteur to visit Venezuela for 21 years has told The Independent the US sanctions on the country are illegal and could amount to “crimes against humanity” under international law.

Former special rapporteur Alfred de Zayas, who finished his term at the UN in March, has criticized the US for engaging in “economic warfare” against Venezuela which he said is hurting the economy and killing Venezuelans.

The comments come amid worsening tensions in the country after the US and UK have backed Juan Guaido, who appointed himself “interim president” of Venezuela as hundreds of thousands marched to support him.

The US Treasury has not responded to a request for comment on Mr de Zayas’s allegations of the effects of the sanctions programme.

US sanctions prohibit dealing in currencies issued by the Venezuelan government. They also target individuals, and stop US-based companies or people from buying and selling new debt issued by PDVSA or the government.

The US has previously defended its sanctions on Venezuela, with a senior US official saying in 2018: “The fact is that the greatest sanction on Venezuelan oil and oil production is called Nicolas Maduro, and PDVSA’s inefficiencies,” referring to the state-run oil body, Petroleos de Venezuela, SA.

Mr De Zayas’s findings are based on his late-2017 mission to the country and interviews with 12 Venezuelan government minsters, opposition politicians, 35 NGOs working in the country, academics, church officials, activists, chambers of commerce and regional UN agencies.

The US imposed new sanctions against Venezuela on 9 March 2015, when President Barack Obama issued executive order 13692, declaring the country a threat to national security.

The sanctions have since intensified under Donald Trump, who has also threatened military invasion and discussed a coup.

Despite being the first UN official to visit and report from Venezuela in 21 years, Mr de Zayas said his research into the causes of the country’s economic crisis has so far largely been ignored by the UN and the media, and caused little debate within the Human Rights Council.

He believes his report has been ignored because it goes against the popular narrative that Venezuela needs regime change.

The then UN high commissioner, Zeid Raad Al Hussein1, reportedly refused to meet Mr de Zayas after the visit, and the Venezuela desk of the UN Human Rights Council also declined to help with his work after his return despite being obliged to do so, Mr de Zayas claimed.

Ivan Briscoe, Latin America and Caribbean programme director for Crisis Group, an international NGO, told The Independent that Venezuela is a polarising subject. … Briscoe is critical of Mr de Zayas’s report because it highlights US economic warfare but in his view neglects to mention the impact of a difficult business environment in the country. … Briscoe acknowledged rising tensions and the likely presence of US personnel operating covertly in the country.

Eugenia Russian, president of FUNDALATIN, one of the oldest human rights NGOs in Venezuela, founded in 1978 before the Chavez and Maduro governments and with special consultative status at the UN, spoke to The Independent on the significance of the sanctions.

“In contact with the popular communities, we consider that one of the fundamental causes of the economic crisis in the country is the effect that the unilateral coercive sanctions that are applied in the economy, especially by the government of the United States,” Ms Russian said.

She said there may also be causes from internal errors, but said probably few countries in the world have suffered an “economic siege” like the one Venezuelans are living under.

In his report, Mr de Zayas expressed concern that those calling the situation a “humanitarian crisis” are trying to justify regime change and that human rights are being “weaponised” to discredit the government and make violent overthrow more “palatable”….

Venezuela has the largest oil reserves in the world and an abundance of other natural resources including gold, bauxite and coltan. But under the Maduro government they’re not easily accessible to US and transnational corporations.

US oil companies had large investments in Venezuela in the early 20th century but were locked out after Venezuelans voted to nationalise the industry in 1973.

Other than readers of that single newspaper, where has the public been able to find these facts? If the public can have these facts hidden from them, then how much trust should the public reasonably have in the government, and in the news-media?

• Here is the garbage that a reader comes to, who is trying to find online Mr. de Zayas’s report on this matter:  As intended, the document remains effectively hidden to the present day. Perhaps the U.N. needs to be replaced and located in Venezuela, Iran, or some other country that’s targeted for take-over by the people who effectively own the United States Government and control the U.N.’s bureaucracy. The hiding of this document was done not only by the press but by the U.N. itself.

• On January 23rd, Germany’s Die Zeit headlined “Christoph Flügge: ‘I am deeply disturbed’: The U.N. International Criminal Court Judge Christoph Flügge Accuses Western Nations of Threatening the Independence of the Judges“. Flügge especially cited U.S. President Trump’s agent, John Bolton. That same day, the Democratic Party and Labour Party organ, Britain’s Guardian, bannered “International criminal court: UN court judge quits The Hague citing political interference“. This news-report said that, “A senior judge has resigned from one of the UN’s international courts in The Hague citing ‘shocking’ political interference from the White House and Turkey.” The judge especially criticised Bolton: “The American security adviser held his speech at a time when The Hague was planning preliminary investigations into American soldiers who had been accused of torturing people in Afghanistan. The American threats against international judges clearly show the new political climate. It is shocking. I had never heard such a threat.” Flügge said that the judges on the court had been “stunned” that “the US would roll out such heavy artillery”. Flügge told the Guardian: “It is consistent with the new American line: ‘We are No 1 and we stand above the law’.”)

• On February 6th, a former UK Ambassador to Syria vented at an alt-news site, 21st Century Wire (since he couldn’t get any of the major-media sites to publish it), “A Guide to Decoding the Doublespeak on Syria“, and he brazenly exposed there the Doublespeak-Newspeak that the U.S. Government and press (what he called America’s “frothing neocons and their liberal interventionist fellow travellers”) apply in order to report the ‘news’ about Syria. So: how can the public, in a country such as the U.S., democratically control the Government, if the government and its press are lying to them, like that, all the time, and so routinely?)

  1. Zeid Raad Al Hussein, who “reportedly refused to meet Mr de Zayas after the visit,” is Prince Zeid Raad Al Hussein, a Jordanian Prince. Jordan is a vassal-state in the U.S. empire. But Prince Hussein is a Jordanian diplomat who served as United Nations High Commissioner for Human Rights from 2014 to 2018 — hardly an unbiased or independent person in such a supposedly nonpartisan role.

False “Victories”: Is the PA Using the “State of Palestine” to Remain in Power?

The ‘State of Palestine’ has officially been handed the Chairmanship of the G-77, the United Nations’ largest block. This is particularly significant considering the relentless Israeli-American plotting to torpedo the Palestinian push for greater international recognition and legitimacy.

It is now conclusive that the main mission for former United States Ambassador to the UN, Nikki Haley, was an unmitigated failure.

When Haley gave her infamous speech before the pro-Israel lobby, AIPAC, in March 2017 – declaring herself the ‘new sheriff in town’ on behalf of Israel – the US-Israeli designs were becoming clearer: never again will the US shy away from defending Israel at the UN as the previous Obama Administration had done in December 2016.

In retrospect, Haley’s tactics – the aggressive language, the constant threats and outright political bullying – amounted to nothing. Her short stint of two years at the UN has only managed to, once again, accentuate US dwindling power and influence on the international stage.

Instead of isolating Palestinians, the US ended up joining Israel in its own isolation. Unable to make any tangible ‘achievements’ in favor of Israel, a frustrated US administration carried out its threats as it quit crucial UN bodies like UNESCO, Human Rights Council, among others. In doing so, the US is now imprudently dismantling the very international order it helped create following World War II.

The Palestinian Authority, on the other hand, has taken full advantage of the obvious shift in world order. Being voted to the helm of the G77 – which bonds 134 countries from the South in a massive economic order – is an extraordinary event.

But what does this mean in terms of the Palestinian quest for statehood?

The PA seems to operate within two separate – and often contradictory – political spheres.

On the one hand, it is in full cooperation with Israel in terms of ‘security coordination‘, at times serving as if Israel’s policeman in the Occupied West Bank. Its constant crackdown on Palestinian dissent and its monopolization of Palestinian decision-making have been major obstacles before the Palestinian people in their fight for rights, justice and freedom.

On the other hand, the PA has been pursuing a determined path towards international recognition, starting with its successful bid to obtain a non-member observer status for the State of Palestine in November 2012.

That momentous event, which took place despite US-Israeli strong rejection and protests, opened up the door for Palestine to join various UN organizations such as the International Criminal Court.

Palestine is yet to acquire full UN membership, a pursuit that is being renewed at the moment. However, as of August 2015, the flag of Palestine has been fluttering at the UN headquarters, along with those of 193 other nations.

So how is one to reconcile between these two realities?

It goes without saying that the international support that Palestine is receiving at the UN is an outcome of existing solidarity and sympathy with the Palestinian people and their rightful struggle for human rights and independence. It has preceded the PA by decades, and will be there for many years to come.

The PA, however, has tactfully translated this international support and validation to political assets among Palestinians at home.

Indeed, much of the support that the PA and its dominant Fatah party continue to enjoy among ordinary Palestinians is driven by the following logic: every symbolic diplomatic ‘victory’ achieved by the PA abroad is followed by massive celebrations in Ramallah, including fiery speeches of an imminent freedom and statehood.

But freedom, of course, remains elusive, partly because the PA has yet to develop a real strategy for resisting Israeli military Occupation and colonization. Its determination and vigor to acquire more international recognition is juxtaposed with utter laxity and disinterest in developing a unified national strategy in Palestine itself.

This points to an unmistakable conclusion: The PA’s strategy is merely focused on the very survival of the PA as a political apparatus, and on ‘Palestinian independence’ within an immaterial diplomatic sphere, without any tangible evidence of that ‘independence’ on the ground.

How else can one explain the fierce fight, in the name of Palestine and those suffering in Gaza, put up by PA President, Mahmoud Abbas, and his Ambassador, Riad al-Maliki at the UN, while the PA continues to withhold salaries from besieged Palestinians in the Gaza Strip?

The sad truth is that the fight for Palestinian recognition at the UN is, at its core, a fight for Abbas and his Authority to remain relevant, and solvent, in a changing international political order.

Meanwhile, for Palestinians, Abbas’ diplomatic achievements represent the proverbial morphine shots injected in the collective vein of an occupied and suffering people, desperate for a ray of hope.

According to the General Federation of Palestinian Trade Unions, poverty in the Gaza Strip has exceeded 80 percent, coupled with a 54.9% level of unemployment. The West Bank, too, is suffering, with the Israeli army and violent illegal Jewish settlers terrorizing the Palestinian population there. Thousands of Palestinian men and women languish in Israeli jails, hundreds of them held without trial.

Not only has the PA done little to challenge – or, at least, attempt to reverse – that reality, it has, at times contributed to it. Yet, oddly, the PA’s pitiful political discourse in Palestine is contrasted with a well-defined, articulate and purportedly courageous language outside.

“We will go to the Security Council for submitting our application,” to obtain full Palestinian membership at the UN, Palestinian Ambassador, al-Maliki, told reporters on January 15. “We know that we are going to face a US veto but this won’t prevent us from presenting our application”.

In fact, this is the crux of the PA strategy at the moment. Knowing that it has little legitimacy among ordinary Palestinians, the PA is desperate to find an alternative source of legitimacy somewhere else.

While a greater support for the ‘State of Palestine’ is a positive sign indicating a changing world order, it is, sadly, used by the Palestinian leadership to sustain its own oppressive, futile and corrupt political gambit.

Israel: Ethnic Cleansing, Land Theft, Apartheid And Jim Crow

Above: Boycott Racist Israel, protest in South Africa by the Iraq News Service.

In recent weeks, racism against Palestinian people and the expansion of apartheid-Jim Crow policies have escalated. The Israeli lobby and its supporters attacked freedom of speech in the United States, showing how far they will go to prevent the US public from being aware of their behavior.

If more people in the US become aware of the truth about Israel’s genocidal policies, the economic lifeline and political protection of the United States will disappear. Israel could be forced to make significant changes that recognize the human rights and self-determination of Palestinians.

Israel knows that without the support of the United States, it could not continue these crimes against the Palestinian people. The lesson for US activists: keep telling the truth about Israel’s brutal occupation of Palestine.

“The Israeli army has enough bullets for every Palestinian.”

That is what the Chair of the Defense Committee of the Israeli Parliament, Avi Dichter, threatened last week. He was commenting on the Great March of Return protests that took place along the eastern fence of the Gaza Strip. Saying Israel has enough bullets for every Palestinian is saying Israel could kill every Palestinian, the definition of ethnic cleansing.

Dichter is not a fringe backbencher but a senior member of Israeli Prime Minister Benjamin Netanyahu’s ruling Likud Party. This former director of the Shin Bet internal security service and Minister of Internal Security said that the Israeli army is prepared to use all means to stop Palestinians.

And, the Strategic Affairs Minister, Gilad Erdan, repeatedly referred to Palestinians killed in Gaza as “Nazis.” Killing Palestinians was acceptable, because  “The number [of peaceful Palestinian protesters] killed does not mean anything because they are just Nazis anyhow.”

Israeli troops shot and killed 180 Palestinians and nearly 6,000 others were shot and injured during the Great March of Return. A staggering 24,000 Palestinians have been injured by Israel during the protests, aided by large corporations.

A video released last week showed Israeli soldiers shot dead a young disabled Palestinian from as far away as 80 meters. The rights group, B’Tselem uploaded the video that debunks Israeli claims that he was killed during violent clashes. The video shows 22-year-old Mohammed Habali, being fatally shot by Israeli soldiers in early December in the West Bank.  It “clearly shows there were no clashes between residents and soldiers in the immediate vicinity of the spot where Habali was shot,” the group said.

Last week a four-year-old Palestinian boy died after being injured by Israeli gunfire at a routine protest near Gaza‘s border. His father, Yasser Abu Abed, did not usually bring his son to the regular protests but the boy insisted. Within two minutes of arriving, snipers began shooting. They were a few hundred meters away from the fence. Yasser said, “We’re simply asking for basic rights…All we ever wanted was to see the blockade on Gaza come to an end.” The 11-year blockade has caused immense suffering and violations of human rights.

These are just two recent examples among many. Mondoweiss reports there are many indiscriminate killings including strikes on children playing football, a police officer’s family, a World Cup beach party, at least six hospitals including a geriatric hospital, multiple UN-run safe houses for civilians, journalists,  survivors looking for family members, ambulances among others.

Apartheid-Land Theft: 700 Israeli Communities Ban Arabs

In 2006, when fmr. President Jimmy Carter wrote, Palestine: Peace Not Apartheid, he was attacked by Israel’s defenders for using the word apartheid. Harvard law professor Alan Dershowitz wrote that Carter’s “use of the loaded word ‘apartheid,’ suggesting an analogy to the hated policies of South Africa, is especially outrageous.”

In her book review, Karen DeYoung explained: Carter acknowledges that “the word ‘apartheid’ refers to the system of legal racial separation once used in South Africa… it is an appropriate term for Israeli policies devoted to ‘the acquisition of land’ in Palestinian territories through Jewish settlements and Israel’s incorporation of Palestinian land on its side of a separating wall it is erecting.” Carter also criticized Israelis who believe “they have the right to confiscate and colonize Palestinian land and try to justify the sustained subjugation and persecution of increasingly hopeless and aggravated Palestinians.”

All pretenses that Israel is not an apartheid state with policies sometimes worse than the Jim Crow south have been removed as Israel gets more overt in its racism. This week the Knesset approved 200 more communities where non-Jewish inhabitants can be banned. Now 700 communities have such Jim Crow-apartheid like laws. Banning Arabs from living in communities wipes away Palestinian history, steals land and makes Palestinians second-class citizens or worse.

The Knesset also rejected a bill to ‘maintain equal rights amongst all its citizens.’  The Basic Law: Equality bill, was clear: “The State of Israel shall maintain equal political rights amongst all its citizens, without any difference between religions, race and sex.” This is a direct quote from Israel’s Declaration of Independence, rejected last week by Israel’s parliament.

Mondoweiss describes how this action unveiled the truth about Israel, writing, “Despite one of the greatest political cons in history – ‘Israel is the only democracy in the Middle East’ – Israeli law never recognized equality between citizens. An attempt to enter an equality clause to the Human Dignity and Freedom Basic Law, back in 1992, failed – mostly due to the opposition of the religious parties.”

Last July the Knesset, amid widespread protest in Israel and in the US, adopted a basic law defining Israel as “the nation-state of the Jewish people,” with more rights for Jews than other groups, codifying Israel as an apartheid state. The law made Arabic no longer an official language, “Jewish settlement” a national value, and the right of “national self-determination” “unique” to Jews.

Aida Touma-Sliman, a rare Palestinian member of the Knesset, explained the new nation-state law officially established apartheid as the law in the “land of Israel” from the river to sea. American Jews decried the clause as reminiscent of racist Jim Crow laws against black people in the United States.

Palestinian women cross through the Israeli military checkpoint of Qalandiya, the main crossing point between Jerusalem and the West Bank city of Ramallah.

Israel Working to Undermine Free Speech in the United States

Israel and their US supporters fear people telling the truth about Israel. There have been attacks against the Boycott, Divestment and Sanctions movement, which had victories in 2018 and has transformed the debate on Israel. People are exercising their constitutional rights and political freedom to oppose Israel. There are efforts to ban BDS across the country, but courts have found BDS bans unconstitutional. Sen. Ben Cardin is leading the effort to ban BDS under federal law.

CNN fired Marc Lamont Hill for speaking truthfully about Palestine. Hill spoke at the November 29, 2018, UN  International Day of Solidarity with Palestinian People. This is the 70th year since the Nakba when 700,000 Palestinians were forced from their homes by the newly-declared state of Israel and hundreds of Palestinian towns and villages were emptied and destroyed. Hill called for the human rights of the Palestinian people. Groups moved to remove him from CNN and from Temple University.

A suppressed film by Al Jazeera was finally made public. “The Lobby” showed hidden camera footage of a British Jew who infiltrated AIPAC conferences, programs, and one-on-one meetings. The film showed that the Israeli government spies on US citizens, smears BDS activists as well as others, including Black Lives Matter, and subverts the US democratic process. Read more about the movie and get links to view it here. AIPAC is already working on newly-elected members of Congress.

Last week, the pro-Israel lobby suffered a defeat in its efforts to weaponize support for Palestinian rights when Temple University refused to fire Hill for speaking in solidarity with basic human rights of Palestinians. Their goal is that no criticism of Israel should be allowed in the US.

Unfortunately, Hill was fired as a commentator on CNN. This highlighted the bias of CNN reporting. The network has had a pro-Israel bias for quite some time, as their star news anchor, Wolf Blitzer previously worked for the right wing, Jerusalem Post and the extreme Israeli lobby, AIPAC. Blitzer regularly relies on Israeli military spokesman-turned-CNN-contributor Michael Oren to give his “expert” opinion. Blitzer is among the most overtly biased reporters in the US media. Leaked documents from the archives of the American Zionist Council, the precursor to AIPAC, show that Israeli government representatives secretly – and illegally – financed the planting of propaganda articles and speakers in many major American media outlets. There is a campaign, the Khalas! Blitzer-Oren campaign, demanding CNN end its ties with Blitzer and Oren.

Hill explained what is becoming an obvious fact, that, “Justice will come through a single bi-national democratic state that encompasses Israel, the West Bank, and Gaza.”  A two-state solution is no longer possible because Israel has seized so much of the land in the West Bank. The Israeli government, including Netanyahu, opposes the existence of an independent State of Palestine.

Even with the discussion of a one-state solution being suppressed in the United States, equal numbers of people in the US support a one-state solution as support a two-state solution and 64 percent support a one-state solution if a two-state solution is not possible. This has Israel, AIPAC and its supporters worried as one nation where everyone has equal rights are inconsistent with Jewish people having greater rights than others in Israel.

MintPress News reported: “Hill is not the first academic to be targeted by pro-Israel pressure groups. They regard university campuses as a battleground to target and attack all individuals and groups who show solidarity with Palestine and its people and criticize Israel, its apartheid policies and its contempt for international laws and conventions.”

Another decline in US support for Israel is young US Jews not signing up for free ten-day birthright tours of Israel. This week it was reported that there was an unprecedented sharp drop in youth, drops range from 20 percent to 50 percent. Other youths have walked off birthright tours because they were so biased.

Israel’s actions are building opposition against them. Debra Shushan, of Americans for Peace Now, said, growing support for a one-state solution is due to “the aggressive, annexationist policies of the current Israeli government and its failure to pursue a two-state solution. This has fostered a growing perception that an independent Palestinian state is moot or impossible, which prompts people to look for alternatives.”

New York, NY — December 07: Moderator Marc Lamont Hill attends BET Presents “An Evening With ‘The Quad’” At The Paley Center on December 7, 2016 in New York City. Bennett Raglin/Getty Images for BET Networks/AFP

Time For Israel To Be Held Accountable

Israel constitutes “an open challenge to international law and the present concepts of human rights enshrined in it,” as Flisadam Pointer writes. The International Criminal Court (ICC) is conducting a pre-investigation of Israel.

On the same day that John Bolton threatened the court with economic sanctions if it investigated the US or Israeli war crimes, the Green Party of the United States completed the process of approving a letter to the ICC requesting a full investigation of Israel. We delivered that letter, and Margaret Flowers and Miko Peled met with a representative of the prosecutor’s office on November 19 in The Hague. Palestinians had previously requested an ICC investigation. Last week the ICC announced it has made progress on the pre-investigation. In October, ICC Prosecutor Fatou Bensouda said: “Extensive destruction of property without military necessity and population transfers in an occupied territory constitute war crimes.”

Holding the leaders of Israel accountable for their human rights violations will be the first step. Progress will continue if we continue to tell the truth, share videos of Israeli abuses, which occur almost daily, and participate in BDS and other movements in support of Palestine.

Growing US Public Support for One State Shared Equally by Israelis and Palestinians Falls on Deaf Ears

Two years of Donald Trump and Benjamin Netanyahu as a Middle East peacemaking team appear to be having a transformative effect – and in ways that will please neither of them.

The American public is now evenly split between those who want a two-state solution and those who prefer a single state, shared by Israelis and Palestinians, according to a survey published last week by the University of Maryland.

And if a Palestinian state is off the table – as a growing number of analysts of the region conclude, given Israel’s intransigence and the endless postponement of Mr Trump’s peace plan – then support for one state rises steeply, to nearly two-thirds of Americans.

But Mr Netanyahu cannot take comfort from the thought that ordinary Americans share his vision of a single state of Greater Israel. Respondents demand a one-state solution guaranteeing Israelis and Palestinians equal rights.

By contrast, only 17 per cent of Americans expressing a view – presumably Christian evangelicals and hardline Jewish advocates for Israel – prefer the approach of Israel’s governing parties: either to continue the occupation or annex Palestinian areas without offering the inhabitants citizenship.

All of this is occurring even though US politicians and the media express no support for a one-state solution. In fact, quite the reverse.

The movement to boycott Israel, known as BDS, is growing on US campuses, but vilified by Washington officials, who claim its goal is to end Israel as a Jewish state by bringing about a single state, in which all inhabitants would be equal. The US Congress is even considering legislation to outlaw boycott activism.

And last month CNN sacked its commentator Marc Lamont Hill for using a speech at the United Nations to advocate a one-state solution – a position endorsed by 35 per cent of the US public.

There is every reason to assume that, over time, these figures will swing even more sharply against Mr Netanyahu’s Greater Israel plans and against Washington’s claims to be an honest broker.

Among younger Americans, support for one state climbs to 42 per cent. That makes it easily the most popular outcome among this age group for a Middle East peace deal.

In another sign of how far removed Washington is from the American public, 40 per cent of respondents want the US to impose sanctions to stop Israel expanding its settlements on Palestinian territory. In short, they support the most severe penalty on the BDS platform.

And who is chiefly to blame for Washington’s unresponsiveness? Some 38 per cent say that Israel has “too much influence” on US politics.

That is a view almost reflexively cited by Israel lobbyists as evidence of anti-semitism. And yet a similar proportion of US Jews share concerns about Israel’s meddling.

In part, the survey’s findings should be understood as a logical reaction to the Oslo peace process. Backed by the US for the past quarter-century, it has failed to produce any benefits for the Palestinians.

But the findings signify more. Oslo’s interminable talks over two states have provided Israel with an alibi to seize more Palestinian land for its illegal settlements.

Under cover of an Oslo “consensus”, Israel has transferred ever-larger numbers of Jews into the occupied territories, thereby making a peaceful resolution of the conflict near impossible. According to the 1998 Rome Statute of the International Criminal Court, that is a war crime.

Fatou Bensouda, the chief prosecutor of the court in The Hague, warned this month that she was close to finishing a preliminary inquiry needed before she can decide whether to investigate Israel for war crimes, including the settlements.

The reality, however, is that the ICC has been dragging out the inquiry to avoid arriving at a decision that would inevitably provoke a backlash from the White House. Nonetheless, the facts are staring the court in the face.

Israel’s logic – and proof that it is in gross violation of international law – were fully on display this week. The Israeli army locked down the Ramallah, the effective and supposedly self-governing capital of occupied Palestine, as “punishment” after two Israeli soldiers were shot dead outside the city.

The Netanyahu government also approved yet another splurge of settlement-building, again supposedly in “retaliation” for a recent upsurge in Palestinian attacks.

But Israel and its western allies know only too well that settlements and Palestinian violence are intrinsically linked. One leads to the other.

Palestinians directly experience the settlements’ land grabs as Israeli state-sanctioned violence. Their communities are ever more tightly ghettoised, their movements more narrowly policed to maintain the settlers’ privileges.

If Palestinians resist such restrictions or their own displacement, if they assert their rights and their dignity, clashes with soldiers or settlers are inescapable. Violence is inbuilt into Israel’s settlement project.

Israel has constructed a perfect, self-rationalising system in the occupied territories. It inflicts war crimes on Palestinians, who then weakly lash out, justifying yet more Israeli war crimes as Israel flaunts its victimhood, all to a soundtrack of western consolation.

The hypocrisy is becoming ever harder to hide, and the cognitive dissonance ever harder for western publics to stomach.

In Israel itself, institutionalised racism against the country’s large minority of Palestinian citizens – a fifth of the population – is being entrenched in full view.

Last week Natalie Portman, an American-Israeli actor, voiced her disgust at what she termed the “racist” Nation-State Basic Law, legislation passed in the summer that formally classifies Israel’s Palestinian population as inferior.

Yair Netanyahu, the prime minister’s grown-up son, voiced a sentiment widely popular in Israel last week when he wrote on Facebook that he wished “All the Muslims [sic] leave the land of Israel”. He was referring to Greater Israel – a territorial area that does not differentiate between Israel and the occupied territories.

In fact, Israel’s Jim Crow-style policies – segregation of the type once inflicted on African-Americans in the US – is becoming ever more overt.

Last month the Jewish city of Afula banned Palestinian citizens from entering its main public park while vowing it wanted to “preserve its Jewish character”. A court case last week showed that a major Israeli construction firm has systematically blocked Palestinian citizens from buying houses near Jews. And the parliament is expanding a law to prevent Palestinian citizens from living on almost all of Israel’s land.

A bill to reverse this trend, committing Israel instead to “equal political rights amongst all its citizens”, was drummed out of the parliament last week by an overwhelming majority of legislators.

Americans, like other westerners, are waking up to this ugly reality. A growing number understand that it is time for a new, single state model, one that ends Israel’s treatment of Jews as separate from and superior to Palestinians, and instead offers freedom and equality for all.

• First published in The National Abu Dhabi

Green Party Urges International Criminal Court To Prosecute Israel For Crimes Against Palestinians

Above: Delegation at the International Criminal Court in the Hague, Netherlands on November 19, 2018. From left to right Margaret Flowers, Green Party co-chair, member of the Green Party Peace Action Committee and Green Party of Maryland, Miko Peled, Green Party US member, Dirk Adriaensens of the BRussells Tribunal, Diane Moxley of Green Party International Committee and Green Party of New Jersey, Stephen Verchinski of the Green Party International Committee and Green Party of New Mexico, Marie Spike, of the Green Party International Committee and Green Party of Michigan and Kevin Zeese of the Green Party Peace Action Committee and Green Party of Maryland

*****

United States Green Party Representatives Deliver Call for Full Investigation of Israel’s War Crimes Against Palestinians to International Criminal Court

The Hague, The Netherlands (Monday, November 19, 2018) — Members of the Green Party United States traveled to the International Criminal Court (ICC) on Monday, November 19, 2018 to deliver a letter calling for a full investigation of Israel for war crimes it has committed against the Palestinians. [Read the text here.]

In addition to being endorsed by the Green Party U.S., the letter was signed by over 1,000 organizations, including Popular Resistance, and individuals from the United States who want prosecutors at the ICC and the world to know that there is a political party along with people in the US who support holding nations accountable to international law. The Green Party recognizes that the United States is complicit in Israel’s crimes by providing financial support, selling weapons and providing political cover to Israel.

The letter states:

For 70 years [Palestinians] have: suffered the most appalling living conditions imposed upon them by the military occupation and apartheid rule; peacefully resisted the unabated illegal settlements upon their land (at least 80% has been seized since the Nakba); withstood the blockade of Gaza and survived genocidal assaults. Since 1947 the Palestinians have steadfastly and peacefully fought for their safety, dignity, freedoms and Right of Return proclaimed by the UN General Assembly Resolution 194 passed in 1948. The Right of Return, to include damages and compensation, was deemed their inalienable right in Resolution 3236 passed in 1974. [footnotes omitted.]

Green Party co-chair, Margaret Flowers and Miko Peled, a member of the Green Party U.S., a dual Israeli and American citizen and author of The General’s Son: Journey of an Israeli in Palestine and other books, met with a representative of the ICC Office of the Prosecutor to deliver a copy of the signed letter. The letter will be entered into the body of evidence being collected as part of a preliminary investigation to determine whether a full investigation will be conducted.

A delegation of Green Party U.S. members, many of whom are on the Green Party U.S. Peace Action and International Committees, made video statements outside the ICC after the letter was delivered.

The delegation included Kevin Zeese, Diane Moxley, Marie Spike, who authored the original draft of the letter, and Stephen Verchinski. The delegation was joined by Dirk Adriaensens of the BRussells Tribunal, which conducted a tribunal on Palestine.

Miko Peled stated:

It was an honor to be part of the GPUS delegation to the ICC, to add our voice to the growing demand to investigate Israel for war crimes. Only when people of the world speak up will the Israeli perpetrators of war crimes and crimes against humanity be brought to justice.

Members of the delegation understand they have a responsibility to act and to educate others in the United States about the truth of the violent Israeli occupation of Palestine and apartheid state. It is by countering the myths put out by the media and U.S. lawmakers, due to the significant Israeli influence over them, and showing solidarity with Palestinians that the tide will shift toward justice for people living in the Occupied Palestinian Territory (OPT) and the millions of refugees who have been forced to flee.

While the Green Party worked on the issue for months, on the same day that the Green Party National Committee voted to endorse the letter, John Bolton said the United States would not cooperate with war crime investigations and called for sanctions against ICC judges if they proceed with an investigation of the United States or Israel.

Prior to visiting the ICC, members of the delegation met with Nils Mollema of Al Haq, an organization founded by Palestinian lawyers to address Israel’s occupation and apartheid. Members of the Green Party of The Netherlands (De Groenen) including Otto ter Haar as well as members of the Green Left Party (Groen Links) participated in that meeting.

Why Is Israel Afraid of Khalida Jarrar?

When Israeli troops stormed the house of Palestinian parliamentarian and lawyer, Khalida Jarrar, on April 2, 2015, she was engrossed in her research. For months, Jarrar had been leading a Palestinian effort to take Israel to the International Criminal Court (ICC).

Her research on that very evening was directly related to the kind of behavior that allows a group of soldiers to handcuff a respected Palestinian intellectual, throwing her in jail with no trial and with no accountability for their action.

Jarrar was released after spending over one year in jail in June 2016, only to be arrested once more, on July 2, 2017. She remains in an Israeli prison.

On October 28 of this year, her ‘administrative detention’ was renewed for the fourth time.

There are thousands of Palestinian prisoners in Israeli jails, most of them held outside the militarily Occupied Palestinian Territories, in violation of the Fourth Geneva Convention.

However, nearly 500 Palestinians fall into a different category, as they are held without trial, detained for six-month periods that are renewed, sometimes indefinitely, by Israeli military courts with no legal justification whatsoever. Jarrar is one of those detainees.

Jarrar is not beseeching her jailers for her freedom. Instead, she is keeping busy educating her fellow female prisoners on international law, offering classes and issuing statements to the outside world that reflect not only her refined intellect, but also her resolve and strength of character.

Jarrar is relentless. Despite her failing health – she suffers from multiple ischemic infarctions, hypercholesterolemia and was hospitalized due to severe bleeding resulting from epistaxis – her commitment to the cause of her people did not, in any way, weaken or falter.

The 55-year-old Palestinian lawyer has championed a political discourse that is largely missing amid the ongoing feud between the Palestinian Authority’s largest faction, Fatah, in the Occupied West Bank and Hamas in besieged Gaza.

As a member of the Palestine Legislative Council (PLC) and an active member within the Popular Front for the Liberation of Palestine (PFLP), Jarrar has advocated the kind of politics that is not disconnected from the people and, especially, from the women who she strongly and uncompromisingly represents.

According to Jarrar, no Palestinian official should engage in any form of dialogue with Israel, because such engagement helps legitimize a state that is founded on genocide and ethnic cleansing, and is currently carrying out various types of war crimes; the very crimes that Jarrar tried to expose before the ICC.

Expectedly, Jarrar rejects the so-called ‘peace process’, a futile exercise that has no intention or mechanism that is aimed at “implementing international resolutions related to the Palestinian cause and recognizing the fundamental rights of the Palestinians.”

It goes without saying that a woman with such an astute, strong position, vehemently rejects the ‘security coordination’ between the PA and Israel, seeing such action as a betrayal to the struggle and sacrifices of the Palestinian people.

While PA officials continue to enjoy the perks of ‘leadership’, desperately breathing life into a dead political discourse of a ‘peace process’ and a ‘two state solution’, Jarrar, a Palestinian female leader with a true vision, subsists in HaSharon Prison. There, along with dozens of Palestinian women, she experiences daily humiliation, denial of rights and various types of Israeli methods aimed at breaking her will.

But Jarrar is as experienced in resisting Israel as she is in her knowledge of law and human rights.

In August 2014, as Israel was carrying out one of its most heinous acts of genocide in Gaza – killing and wounding thousands in its so-called ‘Protective Edge’ war – Jarrar received an unwelcome visit by Israeli soldiers.

Fully aware of Jarrar’s work and credibility as a Palestinian lawyer with an international outreach – she is the Palestine representative in the Council of Europe – the Israeli government unleashed their campaign of harassment, which ended in her imprisonment. The soldiers delivered a military edict ordering her to leave her home in al-Bireh, near Ramallah, for Jericho.

Failing to silence her voice, she was arrested in April the following year, beginning an episode of suffering, but also resistance, which is yet to end.

When the Israeli army came for Jarrar, they surrounded her home with a massive number of soldiers, as if the well-spoken Palestinian activist was Israel’s greatest ‘security threat.’

The scene was quite surreal, and telling of Israel’s real fear – that of Palestinians, like Khalida Jarrar, who are able to communicate an articulate message that exposes Israel to the rest of the world.

It was reminiscent of the opening sentence of Franz Kafka’s novel, The Trial: “Somebody must have made a false accusation against Joseph K., for he was arrested one morning without having done anything wrong.”

Administrative detention in Israel is the re-creation of that Kafkaesque scene over and over again. Joseph K. is Khalida Jarrar and thousands of other Palestinians, paying a price for merely calling for the rights and freedom of their people.

Under international pressure, Israel was forced to put Jarrar on trial, levying against her twelve charges that included visiting a released prisoner and participating in a book fair.

Her other arrest, and the four renewals of her detention, is a testament not just to Israel’s lack of any real evidence against Jarrar, but for its moral bankruptcy as well.

But why is Israel afraid of Khalida Jarrar?

The truth is, Jarrar, like many other Palestinian women, represents the antidote of the fabricated Israeli narrative, relentlessly promoting Israel as an oasis of freedom, democracy and human rights, juxtaposed with a Palestinian society that purportedly represents the opposite of what Israel stands for.

Jarrar, a lawyer, human rights activist, prominent politician and advocate for women, demolishes, in her eloquence, courage and deep understanding of her rights and the rights of her people, this Israeli house of lies.

Jarrar is the quintessential feminist; her feminism, however, is not mere identity politics, a surface ideology, evoking empty rights meant to strike a chord with western audiences.

Instead, Khalida Jarrar fights for Palestinian women, their freedom and their rights to receive proper education, to seek work opportunity and to better their lives, while facing tremendous obstacles of military occupation, prison and social pressure.

Khalida in Arabic means “immortal”, a most fitting designation for a true fighter who represents the legacy of generations of strong Palestinian women, whose ‘sumoud’ – steadfastness – shall always inspire an entire nation.