Category Archives: Occupation

Israel’s Machinery of Dispossession has crushed the Hopes of an Inspirational Family

Israeli police forced out the Siyam family from their home in the heart of occupied East Jerusalem last week, the final chapter in their 25-year legal battle against a powerful settler organisation.

The family’s defeat represented much more than just another eviction. It was intended to land a crushing blow against the hopes of some 20,000 Palestinians living in the shadow of the Old City walls and Al Aqsa mosque.

Dozens of families in the Silwan neighbourhood have endured the same fate as the Siyams, and the Israeli courts have approved the imminent eviction of many hundreds more Palestinians from the area.

But, unlike those families, the Siyams’ predicament briefly caught public attention. That was because one of them, Jawad Siyam, has become a figurehead of Silwan’s resistance efforts.

Mr Siyam, a social worker, has led the fight against Elad, a wealthy settler group that since the early 1990s has been slowly erasing Silwan’s Palestinian identity, in order to remake it as the City of David archeological park.

Mr Siyam has served as a spokesman, drawing attention to Silwan’s plight. He has also helped to organise the community, setting up youth and cultural centres to fortify Silwan’s identity and sense of purpose in the face of Israel’s relentless oppression.

However, the settlers of Elad want Silwan dismembered, not strengthened.

Elad’s mission is to strip away the Palestinian community to reveal crumbling relics beneath, which it claims are proof that King David founded his Israelite kingdom there 3,000 years ago.

The history and archeological rationalisations may be murky, but the political vision is clear. The Palestinians of Silwan are to be forced out like unwelcome squatters.

An Israeli human rights group, Peace Now, refers to plans for the City of David as “the transformation of Silwan into a Disneyland of the messianic extreme right wing”.

It is the most unequal fight imaginable – a story of David and Goliath, in which the giant fools the world into believing he is the underdog.

It has pitted Mr Siyam and other residents against not only the settlers, but the US and Israeli governments, the police and courts, archaeologists, planning authorities, national parks officials and unwitting tourists.

And, adding to their woes, Silwan’s residents are being forced to fight both above and below ground at the same time.

The walls and foundations of dozens of houses are cracking and sinking because the Israeli authorities have licensed Elad to flout normal safety regulations and excavate immediately below the community’s homes. Several families have had to be evacuated.

Late last month Elad flexed its muscles again, this time as it put the finishing touches to its latest touristic project: a tunnel under Silwan that reaches to the foot of Al Aqsa.

On Elad’s behalf, the US ambassador to Israel, David Friedman, and Donald Trump’s Middle East envoy, Jason Greenblatt, wielded a sledgehammer to smash down a symbolic wall inaugurating the tunnel, which has been renamed the Pilgrimage Road.

Elad claims – though many archaeologists doubt it – that in Roman times the tunnel was a street used by Jews to ascend to a temple on the site where today stands the Islamic holy site of Al Aqsa.

The participation of the two US envoys in the ceremony offered further proof that Washington is tearing up the peacemaking rule book, destroying any hope the Palestinians might once have had of an independent state with East Jerusalem as its capital.

Mr Friedman called the City of David complex – at the core of occupied Palestinian Jerusalem – “an essential component of the national heritage of the State of Israel”. Ending the occupation there would be “akin to America returning the Statue of Liberty”.

While Israel, backed by the US, smashes Silwan’s foundations, it is also dominating the sky above it.

Last month Israel’s highest planning body approved a cable car from Israeli territory in West Jerusalem into the centre of Silwan.

It will connect with the City of David and a network of boardwalks, coffee shops and touristic tunnels, such as like the Pilgrimage Road, all run by Elad settlers, to slice apart Silwan.

And to signal how the neighbourhood is being reinvented, the Israeli municipality enforcing the occupation in East Jerusalem recently named several of Silwan’s main streets after famous Jewish rabbis.

Former mayor Nir Barkat has said the goal of all this development is to bring 10 million tourists a year to Silwan, so that they “understand who is really the landlord in this city”.

Few outsiders appear to object. This month, the tourism website TripAdvisor was taken to task by Amnesty International for recommending the City of David as a top attraction in Jerusalem.

And now, Elad has felled the family of Jawad Siyam in a bid to crush the community’s spirits and remaining sense of defiance.

As it has with so many of Silwan’s homeowners, Elad waged a decades-long legal battle against the family to drain them of funds and stamina.

The Siyams’ fate was finally sealed last month when the Israeli courts extended the use of a 70-year-old, draconian piece of legislation, the Absentee Property Law, to Silwan.

The law was crafted specifically to steal the lands and homes of 750,000 Palestinian refugees expelled in 1948 by the new state of Israel.

Ownership of the Siyams’ home is shared between Jawad’s uncles and aunts, some of them classified by Israel as “absentees” because they now live abroad.

As a result, an Israeli official with the title Custodian of Absentee Property claimed ownership of sections of the house belonging to these relatives, and then, in violation of his obligations under international law, sold them on to Elad. Police strong-armed the family out last week.

To add insult to injury, the court also approved Elad seizing money raised via crowdfunding by more than 200 Israeli peace activists, with the aim of helping the Siyams with their legal costs.

Palestinians such as Jawad Siyam exist all over the occupied territories – men and women who have given Palestinians a sense of hope, commitment and steadfastness in the face of Israel’s machinery of dispossession.

When Israel targets Jawad Siyam, crushes his spirits, it sends an unmistakeable message not only to other Palestinians, but to the international community itself, that peace is not on its agenda.

Canada’s Justin Trudeau’s Anti-Palestinism

Is Justin Trudeau a racist? He and his government certainly accept and promote anti-Palestinianism. Two recent moves reaffirm his government’s pattern of blaming Palestinians for their dispossession and subjugation.

Last week the government released its updated terrorist list. An eighth Palestinian organization was added and the International Relief Fund for the Afflicted and Needy (IRFAN) was re-designated. The first ever Canadian-based group designated a terrorist organization, IRFAN was listed by the Stephen Harper government for engaging in the ghastly act of supporting orphans and a hospital in the Gaza Strip through official (Hamas controlled) channels.

Recently, the Liberals also announced they were formally adopting the International Holocaust Remembrance Alliance’s (IHRA) definition of antisemitism as part of its anti-racism strategy. The explicit aim of those pushing the IHRA’s definition of antisemitism is to silence or marginalize those who criticize Palestinian dispossession and support the Palestinian civil society led Boycott, Divestment, Sanctions (BDS) movement. The PM has repeatedly equated supporting Palestinian rights with hatred towards Jews and participated in a unprecedented smear against prominent Palestinian solidarity activist Dimitri Lascaris last summer.

Alongside efforts to demonize and delegitimize those advocating for a people under occupation, the Trudeau government has repeatedly justified violence against Palestinians. Last month Global Affairs Canada tweeted, “Canada condemns the barrage of rocket attacks from Gaza into Israel by Hamas and other terrorist groups, which have killed and injured civilians. This indiscriminate targeting of civilians is not acceptable. We call for an immediate end to this violence.” The statement was a response to an Israeli killed by rockets fired from Gaza and seven Palestinians killed in the open-air prison by the Israeli military. In the year before 200 Palestinians were killed and another 5,000 injured by live fire in peaceful March of Return protests in Gaza. Not a single Israeli died during these protests.

The Trudeau government has repeatedly isolated Canada from world opinion on Palestinian rights. Canada has joined the US, Israel, Marshall Islands, Nauru, Micronesia and Palau in opposing UN resolutions in favour of Palestinian rights that nearly every other country supported. In fact, the Trudeau Liberals may have the most anti-Palestinian voting record of any recent Canadian government. In August Liberal MP Anthony Housefather boasted in a Canadian Jewish News article: “We have voted against 87% of the resolutions singling out Israel for condemnation at the General Assembly versus 61% for the Harper government, 19% for the Martin and Mulroney governments and 3% for the Chrétien government. We have also supported 0% of these resolutions, compared to 23% support under Harper, 52% under Mulroney, 71% under Martin and 79% under Chretien.”

Further legitimating its illegal occupation, the Liberals “modernized” Canada’s two-decade-old Free Trade Agreement (FTA) with Israel that allows West Bank settlement products to enter Canada duty-free. To promote an accord that recently received royal assent, International Trade Minister Jim Carr traveled to Israel and touted its benefits to Israel lobby organizations in Toronto and Winnipeg. “Minister Carr strengthens bilateral ties between Canada and Israel”, explained a June 20 press release.

In mid-2017 the federal government said its FTA with Israel trumps Canada’s Food and Drugs Act after the Canadian Food Inspection Agency called for accurate labelling of wines produced in the occupied West Bank. After David Kattenburg repeatedly complained about inaccurate labels on two wines sold in Ontario, the CFIA notified the Liquor Control Board of Ontario (LCBO) that it “would not be acceptable and would be considered misleading” to declare Israel as the country of origin for wines produced in the Occupied Palestinian Territories. Quoting from longstanding official Canadian policy, CFIA noted that “the government of Canada does not recognize Israel’s sovereignty over the territories occupied in 1967.” In response to pressure from the Israeli embassy, Centre for Israel and Jewish Affairs and B’nai Brith, CFIA quickly reversed its decision. “We did not fully consider the Canada-Israel Free Trade Agreement,” a terse CFIA statement explained. “These wines adhere to the Agreement and therefore we can confirm that the products in question can be sold as currently labelled.”

Each year Canadian taxpayers subsidize hundreds of millions of dollars in charitable donations to Israel despite that country having a GDP per capita only slightly below Canada’s. (How many Canadian charities funnel money to Sweden or Japan?) Millions of dollars are also channeled to projects supporting West Bank settlements, explicitly racist institutions and Israel’s powerful military, which may all contravene Canadian charitable law. In response to a formal complaint submitted by four Palestine solidarity activists and Independent Jewish Voices Canada in fall 2017, the Canada Revenue Agency (CRA) began an audit of the Jewish National Fund for contravening Canadian charitable law. Despite the JNF openly supporting the Israeli military in explicit contravention of charitable law, the audit has been going on for a year and a half. The CRA is undoubtedly facing significant behind-the-scenes pressure to let the JNF off with little more than a slap on the wrist. In 2013 Trudeau attended a JNF gala and other Liberal cabinet ministers have participated in more recent events put on by an explicitly racist organization Liberal MP Michael Leavitt used to oversee. (In a positive step, the Beth Oloth Charitable Organization, which had $60 million in revenue in 2017, had its charitable status revoked in January for supporting the Israeli military.)

Of course, the Trudeau government would deny its racism towards Palestinians. They will point to their “aid” given to the Palestinian Authority. But, in fact, much of that money is used in an explicit bid to advance Israel’s interests by building a security apparatus to protect the corrupt PA from popular disgust over its compliance in the face of ongoing Israeli settlement building. The Canadian military’s Operation Proteus, which contributes to the Office of the United States Security Coordinator, trains Palestinian security forces to suppress “popular protest” against the PA, the “subcontractor of the Occupation”.

In a recently published assessment of 80 donor reports from nine countries/institutions titled “Donor Perceptions of Palestine: Limits to Aid Effectiveness” Jeremy Wildeman concludes that Canada, the US and International Monetary Fund employed the most anti-Palestinian language. “Canada and the US,” the academic writes, “were preoccupied with providing security for Israel from Palestinian violence, but not Palestinians from Israeli violence, effectively inverting the relationship of occupier and occupied.”

At a recent meeting, BDS-Québec decided to launch a campaign targeting Justin Trudeau in the upcoming federal election campaign. The plan is to swamp his Papineau ridding with leaflets and posters highlighting the Prime Minister’s anti-Palestinianism. It’s time politicians pay a political price for their active support of Israel’s racism.

In Bahrain, the Horizon of Peace stretched Further Away from Palestinians

Donald Trump’s supposed “deal of the century”, offering the Palestinians economic bribes in return for political submission, is the endgame of western peace-making, the real goal of which has been failure, not success.

For decades, peace plans have made impossible demands of the Palestinians, forcing them to reject the terms on offer and thereby create a pretext for Israel to seize more of their homeland.

The more they have compromised, the further the diplomatic horizon has moved away – to the point now that the Trump administration expects them to forfeit any hope of statehood or a right to self-determination.

Even Jared Kushner, Trump’s son-in-law and architect of the peace plan, cannot really believe the Palestinians will be bought off with their share of the $50 billion inducement he hoped to raise in Bahrain last week.

That was why the Palestinian leadership stayed away.

But Israel’s image managers long ago coined a slogan to obscure a policy of incremental dispossession, masquerading as a peace process: “The Palestinians never miss an opportunity to miss an opportunity.”

It is worth examining what those landmark “missed opportunities” consisted of.

The first was the United Nations’ Partition Plan of late 1947. In Israel’s telling, it was Palestinian intransigence over dividing the land into separate Jewish and Arab states that triggered war, leading to the creation of a Jewish state on the ruins of most of the Palestinians’ homeland.

But the real story is rather different.

The recently formed UN was effectively under the thumb of the imperial powers of Britain, the United States, and the Soviet Union. All three wanted a Jewish state as a dependent ally in the Arab-dominated Middle East.

Fueled by the dying embers of western colonialism, the Partition Plan offered the largest slice of the Palestinian homeland to a minority population of European Jews, whose recent immigration had been effectively sponsored by the British empire.

As native peoples elsewhere were being offered independence, Palestinians were required to hand over 56 per cent of their land to these new arrivals. There was no chance such terms would be accepted.

However, as Israeli scholars have noted, the Zionist leadership had no intention of abiding by the UN plan either. David Ben Gurion, Israel’s founding father, called the Jewish state proposed by the UN “tiny”. He warned that it could never accommodate the millions of Jewish immigrants he needed to attract if his new state was not rapidly to become a second Arab state because of higher Palestinian birth rates.

Ben Gurion wanted the Palestinians to reject the plan, so that he could use war as a chance to seize 78 per cent of Palestine and drive out most of the native population.

For decades, Israel was happy to entrench and, after 1967, expand its hold on historic Palestine.

In fact, it was Palestinian leader Yasser Arafat who made the biggest, unreciprocated concessions to peace. In 1988, he recognised Israel and, later, in the 1993 Olso accords, he accepted the principle of partition on even more dismal terms than the UN’s – a state on 22 per cent of historic Palestine.

Even so, the Oslo process stood no serious chance of success after Israel refused to make promised withdrawals from the occupied territories. Finally, in 2000 President Bill Clinton called together Arafat and Israeli prime minister Ehud Barak to a peace summit at Camp David.

Arafat knew Israel was unwilling to make any meaningful compromises and had to be bullied and cajoled into attending. Clinton promised the Palestinian leader he would not be blamed if the talks failed.

Israel ensured they did. According to his own advisers, Barak “blew up” the negotiations, insisting that Israel hold on to occupied East Jerusalem, including the Al Aqsa mosque, and large areas of the West Bank. Washington blamed Arafat anyway, and refashioned Israel’s intransigence as a “generous offer”.

A short time later, in 2002, Saudi Arabia’s Peace Initiative offered Israel normal relations with the Arab world in return for a minimal Palestinian state. Israel and western leaders hurriedly shunted it into the annals of forgotten history.

After Arafat’s death, secret talks through 2008-09 – revealed in the Palestine Papers leak – showed the Palestinians making unprecedented concessions. They included allowing Israel to annex large tracts of East Jerusalem, the Palestinians’ expected capital.

Negotiator Saeb Erekat was recorded saying he had agreed to “the biggest [Jerusalem] in Jewish history” as well as to only a “symbolic number of [Palestinian] refugees’ return [and a] demilitarised state … What more can I give?”

It was a good question. Tzipi Livni, Israel’s negotiator, responded, “I really appreciate it” when she saw how much the Palestinians were conceding. But still her delegation walked away.

Trump’s own doomed plan follows in the footsteps of such “peace-making”.

In a New York Times commentary last week Danny Danon, Israel’s ambassador to the UN, candidly encapsulated the thrust of this decades-long diplomatic approach. He called on the Palestinians to “surrender”, adding: “Surrender is the recognition that in a contest, staying the course will prove costlier than submission.”

The peace process was always leading to this moment. Trump has simply cut through the evasions and equivocations of the past to reveal where the West’s priorities truly lie.

It is hard to believe that Trump or Kushner ever believed the Palestinians would accept a promise of “money for quiet” in place of a state based on “land for peace”.

Once more, the West is trying to foist on the Palestinians an inequitable peace deal. The one certainty is that they will reject it – it is the only issue on which the Fatah and Hamas leaderships are united – again ensuring the Palestinians can be painted as the obstacle to progress.

The Palestinians may have refused this time to stumble into the trap, but they will find themselves the fall guys, whatever happens.

When Trump’s plan crashes, as it will, Washington will have the chance to exploit a supposed Palestinian rejection as justification for approving annexation by Israel of yet more tranches of occupied territory.

The Palestinians will be left with a shattered homeland. No self-determination, no viable state, no independent economy, just a series of aid-dependent ghettos. And decades of western diplomacy will finally have arrived at its preordained destination.

• First published in The National

Palestine and Kenya: Our Historic Fight against Injustice Is One and the Same

Note: Palestinian author and journalist, Dr. Ramzy Baroud arrived to Kenya for a 10-day speaking and media tour starting June 23. Exploring the subject of intersectionality, solidarity and popular resistance, Baroud is set to speak at various universities and appear on Kenyan television and radio stations.

*****

In 1948, my grandfather, along with thousands of Badrasawis, was expelled by Israeli military forces from our ancestral village of Beit Daras in Palestine.

Like hundreds of thousands of Palestinians from over 500 other villages, my grandfather assumed he would be back home in a few weeks. “Why bother to haul the good blankets on the back of a donkey, exposing them to the dust of the journey, when we know that we will return to Beit Daras in a week or so?” he asked my bewildered grandmother, Zeinab.

Beit Daras was located 32 kilometers north-east of the Gaza Strip, perched between a large hill and a small river that seemed never to run dry. A massacre took place as people fled the village. Houses were blown up, and wells and granaries sabotaged.

A peaceful village, that had existed for millennia, was completely destroyed with the intention of erasing it from existence. In its place now stands the Israeli towns of Giv’ati, Azrikam, and Emunim. The life of those Israeli towns is based on the death of our village.

Seventy years later, we have still not returned. Not just the Badrasawis, but millions of Palestinians, who are scattered in refugee camps all across the Middle East and a growing diaspora globally. Our good blankets have been lost forever, replaced with endless exile and dispossession.

The occupation of Palestine is not a “conflict” – as the Israelis like to present it. Israel is a colonial power that is ethnically cleansing an entire indigenous population in order to legitimize and grow its colony.

And like all people, we Palestinians have the right to resist colonial domination and occupation. This is an inalienable right enshrined in international law.

It is this right that justified Africa’s anti-colonial struggles and wars of liberation in the 1950s and 1960s, the American Revolution and the Cuban Revolution. This right also legitimates Palestinian resistance – whether that resistance is through the Boycott, Divestment and Sanctions (BDS) Movement, prosecution of Israeli war criminals at the International Criminal Court, or through armed struggle.

Dedan Kimathi is celebrated as a hero to Kenyans because of his resistance to – not because of his subservience to – colonialism and occupation. The Mau Mau rebellion is a source of inspiration – not just for Kenyans – but for all of humanity.

Israel will claim its occupation of Palestine is self-defense; that its demolition of Palestinian homes, detention without trial policies, construction of illegal settlements, theft of Palestinian land in the West Bank and East Jerusalem, and restrictions on Palestinian freedom of movement, are necessary for ‘security’. Israeli security and peace cannot be built on injustice and occupation – at the expense of Palestinian security, justice, dignity and peace. The life of one group should not be based on the death of the other.

Israeli military strikes on Palestinian targets in the Gaza Strip are always portrayed as a “response” to Palestinian fire. But Palestinian fire is never contextualized. It is never “in return” for the cruel, years-long Israeli siege that has systematically destroyed Gaza’s economy and subjected an entire generation of Palestinian children to malnutrition-related deficiencies.

It is never “in return” for decades of devastating military occupation of Palestinian land and life. Fire from Gaza is never “in return” for the continued dispossession of historic Palestine which made most of the population in Gaza refugees in the first place.

The Palestinian liberation struggle is simply dismissed as “terrorism”. The word “terrorism” is readily applied to Palestinian individuals or groups who use homemade bombs, but never to a nuclear-armed Israeli state that has used white phosphorous, DIME bombs, and other internationally-prohibited weapons against Palestinian civilians.

What is happening in occupied Palestine is incremental genocide – not self-defense. Israel is asking the Palestinian people to let their freedom die so that the Israeli people can live.

Submit or fight. These were the two choices facing Kenyans during your anti-colonial struggle. Like you, we Palestinians have also chosen to fight for our dignity – for ourselves and our children. We will not let our dream of freedom die.

For me, Beit Daras is not just a piece of earth but a perpetual fight for justice that shall never cease, because the Badrasawis belong to Beit Daras and nowhere else.

Israel can no longer rationalize its oppression of Palestinians by blaming Palestinians who exercise their natural and internationally recognized right to resist occupation and colonialism.

We will continue to resist Israeli colonialism, armed with our rights and international law.

• A version of this article first appeared in The Star

The Day After: What if Israel Annexes the West Bank?

Calls for the annexation of the Occupied West Bank are gaining momentum in both Tel Aviv and Washington. But Israel and its American allies should be careful what they wish for. Annexing the Occupied Palestinian Territories will only reinforce the current rethink of the Palestinian strategy, as opposed to solving Israel’s self-induced problems.

Encouraged by the Donald Trump administration’s decision to move the US Embassy from Tel Aviv to Jerusalem, Israeli government officials feel that the time for annexing the entirety of the West Bank is now.

In fact, “there is no better time than now” was the exact phrase used by former Israeli Justice Minister, Ayelet Shaked, as she promoted annexation at a recent New York conference.

Certainly, it is election season in Israel again, as Israeli Prime Minister, Benjamin Netanyahu, failed to form a government following the last elections in April. So much saber-rattling happens during such political campaigns, as candidates talk tough in the name of ‘security’, fighting terrorism, and so on.

But Shaked’s comments cannot be dismissed as fleeting election kerfuffle. They represent so much more, if understood within the larger political context.

Indeed, since Trump’s advent to the White House, Israel has never – and I mean, never – had it so easy. It is as if the right wing government’s most radical agenda became a wish list for Israel’s allies in Washington. This list includes the US recognition of Israel’s illegal annexation of Occupied Palestinian East Jerusalem, of the Occupied Syrian Golan Heights, and the dismissal of the Palestinian refugees’ right of return altogether.

But that is not all. Statements made by influential US officials indicate initial interest in the outright annexation of the Occupied West Bank or, at least, large parts of it. The latest of such calls was made by US ambassador to Israel, David Friedman.

“Israel has the right to retain some  … of the West Bank,” Friedman said in an interview, cited in the New York Times on June 8.

Friedman is deeply involved in the so-called ‘Deal of the Century’, a political gambit championed mostly by Trump’s top advisor and son-in-law, Jared Kushner. The apparent idea behind this ‘deal’ is to dismiss the core demands of the Palestinians, while reassuring Israel regarding its quest for demographic majority and ‘security’ concerns.

Other US officials behind Washington’s efforts on behalf of Israel include US Special Envoy to the Middle East, Jason Greenblatt, and former US Ambassador to the UN, Nicki Haley. In a recent interview with the Israeli right wing newspaper, Israel Hayom, Haley said that the Israeli government “should not be worried” regarding the yet-to-be fully revealed details of the ‘Deal of the Century.’

Knowing Haley’s love-affair with – and brazen defense of – Israel at the United Nations, it should not be too difficult to fathom the subtle and obvious meaning of her words.

This is why Shaked’s call for the annexation of the West Bank cannot be dismissed as typical election season talk.

But can Israel annex the West Bank?

Practically speaking, yes, it can. True, it would be a flagrant violation of international law, but such a notion has never irked Israel, nor stopped it from annexing Palestinian or Arab territories. For example, it occupied East Jerusalem and the Golan Heights in 1980 and 1981 respectively.

Moreover, the political mood in Israel is increasingly receptive to such a step. A poll conducted by the Israeli newspaper, Haaretz, last March revealed that 42% of Israelis back West Bank annexation. This number is expected to rise in the following months as Israel continues to move to the right.

It is also important to note that several steps have already been taken in that direction, including the Israeli Knesset’s (parliament) decision to apply the same civil laws to illegal Jewish settlers in the West Bank as to those living in Israel.

But that is where Israel faces its greatest dilemma.

According to a joint poll conducted by Tel Aviv University and the Palestinian Center for Policy and Survey Research in August 2018, over 50% of Palestinians realize that a so-called two-state solution is no longer tenable. Moreover, a growing number of Palestinians also believe that co-existence in a single state, where Israeli Jews and Palestinian Arabs (Muslims and Christians, alike) live side by side, is the only possible formula for a better future.

The dichotomy for Israeli officials, who are keen on maintaining Jewish demographic majority and the marginalization of Palestinian rights, is that they no longer have good options.

First, they understand that the indefinite occupation of Palestinian territories cannot be sustained. Ongoing Palestinian resistance at home, and the rise of the Boycott, Divestment and Sanctions (BDS) Movement abroad is challenging Israel’s very political legitimacy across the world.

Second, they must also be aware of the fact that, from an Israeli Jewish leaders’ point of view, annexing the West Bank, along with millions of Palestinians, will multiply the very ‘demographic threat’ that they have been dreading for many years.

Third, the ethnic cleansing of whole Palestinian communities – the so-called ‘transfer’ option – as Israel has done upon its founding in 1948, and again, in 1967, is no longer possible. Neither will Arab countries open their borders for Israel’s convenient genocides, nor will Palestinians leave, however high the price. The fact that Gazans remained put, despite years of siege and brutal wars, is a case in point.

Political grandstanding aside, Israeli leaders understand that they are no longer in the driver’s seat and, despite their military and political advantage over Palestinians, it is becoming clear that firepower and Washington’s blind support are no longer enough to determine the future of the Palestinian people.

It is also clear that the Palestinian people are not, and never were, passive actors in their own fate. If Israel maintains its 52-year old Occupation, Palestinians will continue to resist. That resistance will not be weakened, or quelled, by any decision to annex the West Bank, in part or in full, the same way that Palestinian resistance in Jerusalem did not cease since its illegal annexation by Tel Aviv four decades ago.

Finally, the illegal annexation of the West Bank can only contribute to the irreversible awareness among Palestinians that their fight for freedom, human rights, justice and equality can be better served through a civil rights struggle within the borders of one single democratic state.

In her blind arrogance, Shaked and her right wing ilk are only accelerating the demise of Israel as an ethnic, racist state, while opening up the stage for better possibilities than perpetual violence and apartheid.

Annexation: How Israel Already controls More than Half of the West Bank

A state of de facto annexation already exists on the ground in most of the occupied West Bank.

Almost two-thirds of the Palestinian territory, including most of its most fertile and resource-rich land, is under full Israeli control. About 400,000 Jewish settlers living there enjoy the full rights and privileges of Israeli citizens.

At least 60 pieces of legislation were drafted by right-wing members of the Knesset during the last parliament to move Israel from a state of de facto to de jure annexation, according to a database by Yesh Din, an Israeli human rights group.

Yesh Din points out that the very fact that some of these bills have passed as laws constitutes a form of annexation: “The Israel Knesset [now] regards itself as the legislative authority in the West Bank and the sovereign there.”

Paradoxically, many of those bills were opposed by Israeli Prime Minister Benjamin Netanyahu, even though they were drafted from within his own ruling coalition.

Netanyahu argued that it would be wrong to pre-empt US President Donald Trump’s peace plan, implying that annexation is high on the agenda.

Leaked details suggest that Washington is now preparing to green-light the formal annexation of at least some of that territory as part of its deal-making, though Netanyahu’s political difficulties and his decision to call another election in September could mean putting details on ice once again.

The Golan precedent

Three recent developments have also brought the idea of Israel annexing parts or all of the West Bank onto the agenda.

In March, US President Donald Trump recognised Israel’s sovereignty over the Golan Heights, seized from Syria during the 1967 war and annexed by Israel in 1981 in violation of international law. The US decision suggested a precedent whereby it might similarly approve a move by Israel to annex the West Bank.

In April, in the run-up to Israel’s general election, Netanyahu said he would use the next parliament to “extend sovereignty” to all illegal Jewish settlements in the West Bank, using a phrase preferred by Israeli politicians to “annexation”.

About 400,000 settlers live in the West Bank in 150 official settlements and another 120 so-called “unauthorised” outposts that have been covertly sponsored by the Israeli state since the 1990s. These settlements have jurisdiction over 42 percent of West Bank territory.

In early June, the US ambassador to Israel, David Friedman, a stalwart supporter of the settlements and one of the architects of Trump’s supposed “deal of the century”, told the New York Times that he believed Israel was “on the side of God” and said: “Under certain circumstances, I think Israel has the right to retain some, but unlikely all, of the West Bank.”

Support in Israel growing

Support in Israel for annexation is growing, with 42 percent backing one of several variants in a recent poll, as opposed to 34 percent who were behind a two-state solution. Only 28 percent of Israelis explicitly rejected annexation.

Behind the scenes, debates about formally annexing the Palestinian territories have been rife in Israel since it occupied the West Bank, East Jerusalem, and Gaza in 1967.

Successive Israeli governments, however, have demurred out of concern both that there would be strong international objections (most UN member states would be opposed to the annexation of territory recognised as illegally occupied in international law) and that Israel would be under pressure to give Palestinians in annexed areas citizenship, including the right to vote, that would undermine its Jewish majority.

Senior government ministers such as Moshe Dayan and Yigal Allon were among the early proponents of annexing parts of the West Bank. They drew up maps for a permanent settlement programme that would allow Israel to hold on to swathes of the West Bank, especially the most fertile land and the aquifers.

Through the late 1970s and 1980s, a justice ministry official, Plia Albeck, declared large areas of the West Bank “state land”, allowing the government to treat it as effectively part of Israel and build settlements.

Speeding tickets and police stations

Israel has applied its laws to the settler population and dozens of Israeli police stations located in the West Bank operate as if the territory has been annexed, issuing speeding tickets and enforcing other infractions on Palestinians. Palestinians’ ultimate recourse to adjudication on legal matters is Israel’s Supreme Court.

In 2011, that court decided that Israel was allowed to exploit more than a dozen quarries, one of the Palestinians’ key resources, because the occupation had become “prolonged” – a ruling that treated the West Bank as if it had been de facto annexed.

Since the Olso accords, Israeli leaders have tended to pay lip service to Palestinian statehood, at some distant future point. But in practice, they have encouraged the rapid expansion of the settlements. This policy is sometimes referred to as “creeping annexation”.

A number of variants have been advanced by the Israeli right, ranging from the annexation of all Palestinian territories, including Gaza, to annexation limited to certain areas of the West Bank.

How Oslo gave Israel control

The main framework for the Israeli debate about annexation is the Oslo process which temporarily carved up the occupied West Bank into Areas A, B and C as a prelude, it was assumed, to eventually transferring sovereignty to the Palestinian Authority.

Area C, 62 per cent of the West Bank, is under full Israeli control and where the settlements are located. It is also where most of the water, agricultural and mineral resources are to be found.

Area B, 20 percent, is under Israeli security control and Palestinian civil control. And Area A – mainly Palestinian built-up areas on 18 percent of the West Bank – is nominally under full Palestinian control.

The option favoured by most of Netanyahu’s Likud party involves the annexation of areas populated with settlers, or about 40 percent of the West Bank mostly located in Area C.

This option would keep West Bank Palestinians outside the annexed areas and make it easier to avoid conferring any residency or citizenship rights on them. The Palestinian Authority would be given “limited autonomy” – a kind of glorified municipal role – over the remaining fragments of the West Bank.

To the right of Likud, opinions range from annexing all of Area C to annexing the entire West Bank and Gaza, and the creation of Palestinian “Bantustans” modelled on South Africa’s racist apartheid system. Some propose a “salami” method, with Israel gradually slicing off more of the West Bank.

The Israeli centre-left fears formal annexation not only violates international law but will damage Israel’s image abroad by encouraging comparisons with apartheid-era South Africa. In the absence of a Palestinian state, a minority of Jews might soon be ruling over a majority of Palestinians.

The centre-left is also concerned about the costs of annexation. Commanders for Israel’s Security, a group of retired security officials, argue that annexation will lead to the inevitable collapse of the Palestinian Authority.

As a result, they believe Israel would incur annual costs of between $2.3bn and $14.5bn, depending on the extent of the West Bank area annexed. There would also be a loss of $2.5bn in foreign investments. Palestinian uprisings could cost Israel’s economy as much as $21bn.

Right-wing economists like Amatzia Samkai of the Caucus for Eretz Israel say Israel will benefit economically. If Area C is annexed, only a small number of Palestinians will be entitled to Israeli welfare payments, he says. Such costs, he adds, can be more than offset by an expanded labour force and a drop in real-estate prices after West Bank land is freed up for house building by Israelis.

Knesset ‘sovereign’ in West Bank already

Of the 60 pieces of draft annexation legislation brought before the Knesset, eight have passed into law.

The main laws that have been passed include:

  • annulling a special council overseeing higher education in West Bank settlements and transferring its powers to the main Israel Council for Higher Education.
  • approving retroactively the theft of private Palestinian land used to build settlements. The previous official position was that settlements should be built only on land Israel had declared state land because it was not owned by Palestinians.
  • extending benefits available in Israel – from tax exemptions and egg production quotas to renewable energy investments – to West Bank settlements.
  • unifying the criminal register used by police in Israel and the West Bank.
  • transferring powers to adjudicate matters involving the West Bank to lower courts in Israel.
  • prohibiting businesses from refusing to supply services to West Bank settlements.

In addition, Yesh Din notes, Israel has recently shifted its diplomatic position and legal arguments to the courts in relation to the West Bank.

It has rejected the West Bank’s status as being under occupation, asserted Israel’s authority to operate there and eroded the obligation to protect the rights and property of the Palestinian population.

Another significant piece of legislation Netanyahu is known to favour – chiefly for personal reasons because it could be used to protect him from corruption indictments – is an Override Law.

The measure is being aggressively promoted by settler groups because it would strip Israel’s Supreme Court of judicial review powers to block legislation annexing the West Bank.

Palestinian support?

On the Palestinian side, a tiny number, mostly business leaders, have backed annexation of the West Bank. They have been cultivated by the Trump administration as a potential alternative leadership to the Palestinian Authority. Most Palestinians consider them traitors or collaborators.

Hebron businessman Ashraf Jabari, for example, has entered into a partnership with settler counterparts in the “Judea and Samaria Chamber of Commerce”, using the settlers’ Biblical name for the West Bank.

The chamber promotes joint ventures such as shopping centres along West Bank main roads, tourism initiatives and infrastructure projects.

Jabari and others have consciously sought to package annexation on Israeli terms as similar to the one-state agenda of a growing section of the Palestinian population, especially those supporting the boycott, divestment and sanctions movement (BDS).

“We have to think about this area as one entity, not two entities and two realities,” he told journalists recently.

Certainly, there are Palestinians who consider annexation and Israel’s direct re-occupation of the West Bank, unmediated by the PA, as a necessary condition for Palestinians launching a civil rights or anti-apartheid struggle to realise a genuine one-state solution.

• First published in Middle East Eye

Kushner as a Colonial Administrator

In a TV interview on June 2, on the news docuseries “Axios” on the HBO channel, Jared Kushner opened up regarding many issues, in which his ‘Deal of the Century’ was a prime focus.

The major revelation made by Kushner, President Donald Trump’s adviser and son-in-law, was least surprising. Kushner believes that Palestinians are not capable of governing themselves.

Not surprising, because Kushner thinks he is capable of arranging the future of the Palestinian people without the inclusion of the Palestinian leadership. He has been pushing his so-called ‘Deal of the Century’ relentlessly, while including in his various meets and conferences countries such as Poland, Brazil and Croatia, but not Palestine.

Indeed, this is what transpired at the Warsaw conference on ‘peace and security’ in the Middle East. The same charade, also led by Kushner, is expected to be rebooted in Bahrain on June 25.

Much has been said about the subtle racism in Kushner’s words, reeking with the stench of old colonial discourses where the natives were seen as lesser, incapable of rational thinking beings who needed the civilized ‘whites’ of the western hemisphere to help them cope with their backwardness and inherent incompetence.

Kushner, whose credentials are merely based on his familial connections to Trump and family friendship with Israeli Prime Minister, Benjamin Netanyahu, is now poised to be the colonial administrator of old, making and enforcing the law while the hapless natives have no other option but to either accommodate or receive their due punishment.

This is not an exaggeration. In fact, according to leaked information concerning Kushner’s ‘Deal of the Century,’ and published in the Israeli daily newspaper, Israel Hayom, if Palestinian groups refuse to accept the US-Israeli diktats, “the US will cancel all financial support to the Palestinians and ensure that no country transfers funds to them.”

In the HBO interview, Kushner offered the Palestinians a lifeline. They could be considered capable of governing themselves should they manage to achieve the following: “a fair judicial system … freedom of the press, freedom of expression, tolerance for all religions.”

The fact that Palestine is an occupied country, subject in every possible way to Israel’s military law, and that Israel has never been held accountable for its 52-year occupation seems to be of no relevance whatsoever, as far as Kushner is concerned.

On the contrary, the subtext in all of what Kushner has said in the interview is that Israel is the antithesis to the unquestionable Palestinian failure. Unlike Palestine, Israel needs to do little to demonstrate its ability to be a worthy peace partner.

While the term ‘US bias towards Israel’ is as old as the state of Israel itself, what is hardly discussed are the specifics of that bias, the decidedly condescending, patronizing and, often, racist view that US political classes have of Palestinians – and all Arabs and Muslims, for that matter; and the utter infatuation with Israel, which is often cited as a model for democracy, judicial transparency and successful ‘anti-terror’ tactics.

According to Kushner a ‘fair judicial system’ is a conditio sine qua non to determine a country’s ability to govern itself. But is the Israeli judicial system “fair” and “democratic”?

Israel does not have a single judicial system, but two. This duality has, in fact, defined Israeli courts from the very inception of Israel in 1948. This de facto apartheid system openly differentiates between Jews and Arabs, a fact that is true in both civil and criminal law.

“Criminal law is applied separately and unequally in the West Bank, based on nationality alone (Israeli versus Palestinian), inventively weaving its way around the contours of international law in order to preserve and develop its ‘(illegal Jewish) settlement enterprise’,” Israeli scholar, Emily Omer-Man, explained in her essay ‘Separate and Unequal’.

In practice, Palestinians and Israelis who commit the exact same crime will be judged according to two different systems, with two different procedures: “The settler will be processed according to the Israeli Penal Code (while) the Palestinian will be processed according to military order.”

This unfairness is constituent of a massively unjust judicial apparatus that has defined the Israeli legal system from the onset. Take the measure of administrative detention as an example. Palestinians can be held without trial and without any stated legal justification. Tens of thousands of Palestinians have been subjected to this undemocratic ‘law’ and hundreds of them are currently held in Israeli jails.

It is ironic that Kushner raised the issue of freedom of the press, in particular, as Israel is being derided for its dismal record in that regard. Israel has reportedly committed 811 violations against Palestinian journalists since the start of the ‘March of Return’ in Gaza in March 2018. Two journalists – Yaser Murtaja and Ahmed Abu Hussein – were killed and 155 were wounded by Israeli snipers.

Like the imbalanced Israeli judicial system, targeting the press is also a part of a protracted pattern. According to a press release issued by the Palestinian Journalists Union last May, Israel has killed 102 Palestinian journalists since 1972.

The fact that Palestinian intellectuals, poets and activists have been imprisoned for Facebook and other social media posts should tell us volumes about the limits of Israel’s freedom of press and expression.

It is also worth mentioning that in June 2018, the Israeli Knesset voted for a bill that prohibits the filming of Israeli soldiers as a way to mask their crimes and shelter them from any future legal accountability.

As for freedom of religion, despite its many shortcomings, the Palestinian Authority hardly discriminates against religious minorities. The same cannot be said about Israel.

Although discrimination against non-Jews in Israel has been the raison d’être of the very idea of Israel, the Nation-State Law of July 2018 further cemented the superiority of the Jews and inferior status of everyone else.

According to the new Basic Law, Israel is “the national home of the Jewish people” only and “the right to exercise national self-determination is unique to the Jewish people.”

Palestinians do not need to be lectured on how to meet Israeli and American expectations, nor should they ever aspire to imitate the undemocratic Israeli model. What they urgently need, instead, is international solidarity to help them win the fight against Israeli occupation, racism and apartheid.

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.

Resurrecting the PLO is Palestine’s Best Response to the “Deal of the Century”

Palestinian groups, Fatah, Hamas and others should not confine themselves to simply rejecting the Trump Administration’s so-called ‘Deal of the Century’. Instead, they should use their resistance to the new American-Israeli plot as an opportunity to unify their ranks.

Leaked details of the ‘Deal of the Century’ confirm Palestinians’ worst fears: the ‘Deal’ is but a complete American acquiescence to the right-wing mentality that has ruled Israel for over a decade.

According to the Israeli daily newspaper, Israel Hayom, a demilitarized state, ‘New Palestine’ will be established on territorial fragments of the West Bank, as all illegal Jewish settlements would permanently become part of Israel. If Palestinians refuse to accept Washington’s diktats, according to the report, they will be punished through financial and political isolation.

This is certainly not an American peace overture, but an egregious act of bullying. However, it is hardly a deviation from previous rounds of ‘peace-making,’ where Washington always took Israel’s side, blamed Palestinians and failed to hold Israel to account. Washington has never refrained from supporting Israeli wars against Palestinians or even conditioned its ever-generous aid packages on the dismantling of the illegal Jewish settlements.

The only difference between the US ‘peace process’ of the past and today’s ‘Deal of the Century’ is in the style and tactics as opposed to the substance and details.

Undoubtedly, the ‘Deal’, championed by Jared Kushner, President Donald Trump’s adviser and son-in-law, will fail. Not only will it not deliver peace – this is not the intention – but it is most likely to be rejected by Israel. The formation of Israel’s new government under Benjamin Netanyahu’s leadership is centered round far-right and religious parties. It is no longer politically correct in the new Israeli lexicon to even discuss the possibility of a Palestinian state, let alone agree to one.

Netanyahu, however, is likely to wait for Palestinians to reject the deal, as they certainly should. Then, with the help of pro-Israel mainstream western media, a new discourse will evolve, blaming Palestinians for missing yet another opportunity for peace, while absolving Israel from any wrongdoing. This pattern is familiar, highlighted most starkly in Bill Clinton’s Camp David II in 2000 and George W. Bush’s Road Map for Peace in 2003.

In 2000, the late Palestinian leader, Yasser Arafat, rejected then Israeli Prime Minister, Ehud Barak’s ‘generous offer’, an entirely manufactured political hoax that, to this day, defines official and academic understanding of what had transpired in the secret talks then.

All Palestinians must reject the ‘Deal of the Century’, or any deal that is born out of a political discourse which is not centered on Palestinian rights as enshrined in international law, a political frame of reference that is agreed upon by every country in the world, save the US and Israel. Decades of fraudulent American ‘peace making’ prove that Washington will never fulfil its self-designated title as an ‘honest peacemaker.’

However, rejection per se, while going back to business as usual, is inadequate. While the Palestinian people are united behind the need to resist the Israeli Occupation, challenge Israeli apartheid and employ international pressure until Israel finally relents, Palestinian factions are driven by other selfish priorities. Each faction seems to rotate within the political sphere of foreign influence, whether Arab or international.

For example, Fatah, which is credited for ‘igniting the spark of the Palestinian revolution’ in 1965, has been largely consumed with the trappings of false power while dominating the Palestinian Authority, which itself operates within the space allocated to it by the Israeli military occupation in the West Bank.

Hamas, which began as an organic movement in Palestine, is forced to play regional politics in its desperation for any political validation in order to escape the suffocating siege of Gaza.

Whenever both parties verge on forming a united leadership in the hope of resurrecting the largely defunct Palestine Liberation Organization (PLO), their benefactors manipulate the money and politics, thus resuming disunity and discord.

The ‘Deal of the Century’, however, offers both groups an opportunity, as they are united in rejecting the deal and equally perceive any Palestinian engagement with it as an act of treason.

More importantly, the steps taken by Washington to isolate the PA through denying Palestinians urgently needed funds, revoking the PLO’s diplomatic status in Washington and shunning the PA as a political ally  provide the opportunity to open the necessary political dialogue that could finally accomplish a serious Fatah-Hamas reconciliation.

Israel, too, by withholding tax money collected on behalf of the PA, has lost its last pressure card against Mahmoud Abbas and his government in Ramallah.

At this point, there is little else that the US and Israel could do to exert more pressure on the Palestinians.

But this political space available for Palestinians to create a new political reality will be brief. The moment the ‘Deal of the Century’ is discarded as another failed American scheme to force a Palestinian surrender, the political cards, regionally and internationally, will be mixed again, beyond the ability of Palestinian factions to control their outcome.

Therefore, it is critical that Palestinian groups at home and in the diaspora push for Palestinian dialogue, not simply for the sake of forming a unity government in Ramallah, but to revitalize the PLO as a truly representative and democratic body that includes all Palestinian political currents and communities.

It is only through the resurrection of the PLO that Palestinians could finally return to their original mission of devising a national liberation strategy that is not manipulated by money and not subjected to regional politicking.

If history is any indication, the ‘Deal of the Century’ is another sinister American attempt to manage the situation in Palestine in order to assert political dominance in the region. This ‘Deal’ is essential for American reputation, especially among its disgruntled regional allies who feel abandoned by the progressive American military and political retreat from the region.

This latest charade does not have to be at the expense of Palestinians, and Palestinian groups should recognize and grasp this unique opportunity. The ‘Deal of the Century’ will fail, but efforts to achieve Palestinian unity could finally succeed.