Washington Report on Middle East Affairs, May 2003, pages
60-62
New York City and Tri-State News
New Jersey Solidarity Brings Array of Speakers on Palestine
to Rutgers
By Jane Adas
New Jersey Solidarity has been active lately in bringing to the
Rutgers University community speakers on issues relating to Palestine.
On Feb. 9 Ramzy and Suzanne Baroud, founder and managing editor
respectively of the online publication <PalestineChronicle.com>,
came to discuss the recently published Searching Jenin: Eyewitness
Accounts of the Israeli Invasion, which Ramzy edited (and which
is available through the AET Book Club). The couple felt a heavy
responsibility, Suzanne explained, since the book may be the only
record of what happened in Jenin by those who experienced it.
According to Ramzy Baroud, the Jenin story started not in April
2002, but in 1948, when so many Palestinians became refugees. The
U.N. built the Jenin refugee camp in 1953 for displaced families
who had deeds and keys to the homes from which they were forced
to flee.
Baroud’s grandfather was a refugee from the village of Beit Daras,
which was first attacked by Zionist forces in March 1948 and “cleansed”
three months later. He died a refugee, but always said he was blessed
to be fighting for justice in Palestine. Beit Daras, Baroud said,
is only one mile from the Gaza Strip, but separated by unfulfilled
U.N. resolutions.
Baroud was at work on a book about the 1982 massacre of the Sabra
and Shatila refugee camps in Lebanon when Israel invaded Jenin on
April 3, 2002. He was struck, he said, by the similarities of the
two atrocities. In both cases, the invasion was preceded by intense
shelling, and no one was allowed in or out of the camps for days.
Afterwards the U.S. defended Israel’s actions, Arab governments
backed off, and the world was silent.
Secretary of State Colin Powell was in Ramallah just after the
invasion. He was there to present President Yasser Arafat with a
list of U.S. demands, but he refused to visit Jenin, only half an
hour away. On April 20, the U.N. Security Council unanimously adopted
Resolution 1405, calling for a fact-finding mission to be sent to
Jenin. Israel, however, refused to accept the mission, which was
cancelled on May 1.
In compliance with a General Assembly resolution passed a week
later, Secretary-General Kofi Annan released a report Aug. 1, based
on secondhand accounts, in which he found that both Palestinian
militants and the Israeli army had put civilians in harm’s way.
Such a conclusion, Baroud pointed out, erroneously assumes that
Palestinian fighters and civilians are two distinct entities. Not
one person interviewed was unhappy or ashamed about resisting the
Israeli army. Moreover, he said, Palestinian fighters often are
armed only with homemade weapons, some consisting of matches and
tubes, against one of the world’s strongest armies.
Noting that Israel clearly doesn’t want the refugee camp to be
rehabilitated, Baroud said that Palestinians released from prison
had to sign papers promising not to return to Jenin. Israel refused
the United Arab Emirates’ offer to rebuild the camp, and when UNRWA
laid a concrete base for a few new homes, Israeli tanks demolished
it within hours. On Nov. 22 Israeli troops shot and killed Iain
Hook, a British U.N. official who was in Jenin to oversee rebuilding.
The people of Jenin have many needs, Baroud concluded, but the
greatest is for the truth to be told. Searching Jenin is
a major contribution to that end.
Palestine, Iraq and Globalization
On Feb. 23 Palestinian economist Dr. Adel Samara, whose most recent
book is Epidemic of Globalization: Ventures in World Order, Arab
Nation and Zionism, spoke at Rutgers about Palestine and Iraq
in the context of globalization, which he described as the attempt
of a new empire to control old imperialist countries.
According to Dr. Samara’s analysis, the coming war against Iraq
is being launched by three groups: the ruling capitalist class in
the United States, the Zionist structure, and Arab regimes that
are supported and protected by U.S. economic domination. The U.S.
aims to conquer markets, control the oil fields and impose U.S.
prices, Samara argued. This is partly because of the economic crisis
and collapse of financial markets in the U.S. that predate the 9/11
attack. Samara described the concomitant reduced budgets for health,
education, and infrastructure as an internal war against middle
class and poor Americans.
Israel’s aim, he continued, is to be integrated in the Middle
East through domination—which, Samara contended, Arab leaders may
accept but the people will not. Israel hopes that war against Iraq
will bring about a new Palestinian regime, even more moderate and
dependent on Israel than the existing one, which Samara described
as a compradore regime. In his view, the Oslo process was
not a peace for people, but a means of indirect domination for capitalists.
The process was designed to benefit the Israeli economy by denying
the Palestinian Authority control over its borders and the right
to export and import freely.
Because of the current siege, not only around the West Bank and
Gaza as a whole, but also around every city, town, village and refugee
camp, economic exchange within the Palestinian territories has become
impossible. Israeli products, however, can pass unimpeded through
all barriers into Palestinian markets. In fact, Palestinian consumption
of Israeli goods actually has risen during the second intifada.
Samara maintains that the occupation itself is more of an economic
than a religious project, the main goal of which is to destroy the
Palestinian economy and infrastructure. According to a recent World
Bank survey, 70 percent of Palestinians are unable to reach their
work places, 24 percent of Palestinian homes have been damaged,
22 percent of workshops and 14 percent of equipment have been destroyed,
and unemployment stands at 60 percent. Under these conditions, Samara
asked, why is the U.S. demanding that Palestinians not resist the
occupation?
Civil Rights in the U.S., South Africa and Palestine
Imam Mahdi Bray, executive director of the Muslim American Society
Freedom Foundation, spoke at Rutgers March 5 about civil rights
struggles in America, South Africa, and Palestine. He has had considerable
experience with the former two as an activist in both the civil
rights and anti-apartheid movements here in the U.S. Once, Bray
said, when he characterized Israel as an apartheid country, a Jewish
friend objected, “but Israel is a democracy.” So are the U.S. and
South Africa, Bray responded—democracies can surely be racist. When
he looks at Ramallah, he told the audience, he sees Birmingham,
Alabama, and when he looks at Jenin, he sees Soweto, South Africa.
Describing his personal experience of segregation in the U.S.,
Bray said it begins with the tales of the elders describing injustices
of the past, resistance, and its consequences: beatings, lynchings,
humiliation and degradation. Then comes the reality. For Bray, this
was in 1955, when he was watching “Gunsmoke” at his grandparents’
house. A huge fireball broke through the window, followed by gunshots.
The attack was an attempt to intimidate and make an example of Bray’s
grandfather, a freedom fighter who was registering people to vote—in
the same way, Bray noted, the Israeli army destroys the homes of
those who resist occupation. His grandparents did not call the police
or fire department, because they knew that those were the same people
as the attackers under their white sheets—much as Palestinians beset
by settler violence do not expect Israeli military police to protect
them.
When Bray was growing up, he recalled, blacks lived in segregated
areas as though they were under occupation. They lived with a feeling
of containment under inferior living standards, he said, and it
was dangerous for blacks to go into white neighborhoods. Freedom
fighters were called Communists, as Palestinians are terrorists—the
most subversive and dangerous labels of their time. The underlying
assumption was that it isn’t natural to want to be free, so “they”
must be manipulated by others.
All of this leads to rage. In the 1960s, American cities exploded.
“The Negroes are rioting,” the media screamed, but according to
Bray, it was an intifada.
Martin Luther King, Jr., saw a global connection to oppression,
which Bray summed up as “same soup, different bowls.” In the United
States, apartheid South Africa, and Palestine, the issue was and
is injustice. King also said the moral arc of the universe is long,
but it bends towards justice.
Thomas Jefferson understood when justice becomes a mockery. He
recognized the contradiction between his words, “All men are created
equal” and the fact that he owned slaves and that his children were
slaves. “I tremble for my nation when I think that God is just,”
Jefferson wrote. President Bush, Bray said, also has contradictions.
Bush says Jesus is his favorite philosopher, but, Bray pointed out,
Jesus did not say, “blessed are the corporate raiders and the warmongers.”
Bray said he, too, trembles for his nation when its administration
robs the poor to pay billions for bombs and when it sends billions
to Israel to continue killing, maiming, and destroying Palestinians.
Columbia Law Hosts Talk on “Wars Against Rogue States”
New York’s Columbia Law School provided the venue for a March 3
talk on “Wars Against Rogue States” by Roger Normand, executive
director of the Center for Economic and Social Rights (CESR), and
Dr. Horst Fischer, academic director of the Institute for International
Law of Peace and Armed Conflict at Ruhr University in Germany and
a member of the faculty of law at Leiden University in the Netherlands.
In addressing the concepts of “rogue state” and “axis of evil”
in the context of international law, Dr. Fischer referred to the
United Nations charter, in which the victors of World War II reserved
the right to use force against Japan and Germany—as states considered
outside the law at the time—without returning to the Security Council.
In no other case has a state been considered outside the law. In
a legal context, Fischer said, a term should have global use if
it is to be accepted by the world community. If this were the case
with “rogue state,” he pointed out, Syria, for example, would have
the right to attack Israel because Israel has violated international
law, failed to comply with U.N. resolutions, and has weapons of
mass destruction.
From a European perspective, Fischer described the style of the
debate in the U.S. media about war against Iraq as characterized
more by allegations than arguments. It reminded him, he said, of
European tabloid coverage of sporting events. Moreover, he added,
he has seen no public discussion of international law, nor any reference
to what has happened to Iraqis since the last Gulf war. Instead,
he said, the U.S. media focus on how many troops have been sent
and how much money the war will cost.
A difference in European and American perceptions is whether Resolution
687, passed at the end of the last Gulf war, was an interruption
of war or an end of it. The U.S. administration seems to view 667
as a cease-fire—i.e., temporary in nature—whereas Europeans view
it as a peace treaty. Because it was signed by the United Nations
Security Council, Fischer said, 667 does not permit any state to
resume hostilities without the Security Council’s explicit consent.
Therefore, the burden of proof is on the country wanting war.
Another divide between Europe and the U.S., Fischer continued,
is the concept of preemptive self-defense. Historically, the world
community has found it unlawful when countries have resorted to
preemptive strikes. Even if the concept were accepted, Fischer doubted
whether the criteria are fulfilled in the case of Iraq. There is
no existing aggression by Iraq against any other state, he noted,
no imminent and overwhelming threat, and there is time for deliberation.
Roger Normand had recently returned from a CESR research mission
to Iraq—the fifth such trip since 1991—to study the likely humanitarian
consequences of another war. In his opinion, we were days or weeks
from a major military conflict that no one, except Israel, wants
and that has the potential to undermine the entire United Nations
system and international law.
Even as he was speaking, Normand noted, the United States was
at the U.N. bribing and bullying for a new resolution to give Secretary
of Defense Donald Rumsfield “constructive ambiguity” to justify
an assault against Iraq. Failing that, President George W. Bush
already has told the world that it doesn’t matter what either the
Security Council or the weapons inspectors do. Normand described
it as a lose/lose situation for the United Nations: if Rumsfield
got his resolution, the U.N. would have violated its own charter,
and if Washington went to war without a resolution, the U.N. would
be seen as irrelevant.
According to Normand, a U.S. war on Iraq is illegal in every respect.
In terms of means and methods, U.S. military plans violate two principles:
that there should be a distinction between military and civilian
targets, and that there should be proportionality, meaning no excessive
consequences. “Shock and Awe,” which envisages massive U.S. bombardment
by 3,000 missiles in the first two days of the war, did not bode
well for the Iraqi population.
In 1991, then-Gen. Colin Powell said that U.S. bombing of electrical
generating stations and water pumping stations had “negligible military
impact.” But, Normand pointed out, it had enormous civilian consequences.
More than 100,000 civilians died within months of the war, not because
of direct bombing, but as a consequence of military targeting of
the civilian infrastructure.
On his recent trip to the area, Normand found the civilian population
much more vulnerable than it was in 1991. Sixty percent of Iraqis,
he said, depend on food distribution from the oil-for-food program,
which will end once war starts. Baghdad, a city of five million
people, will be without food, medicine or clean water—and, because
of high-power microwave weapons, without means of communications.
Normand predicts a catastrophic collapse of civilian life support
systems as the result of a U.S. attack.
Attorney Chibli Mallat Presents “The Ariel Sharon Case”
Attorney Chibli Mallat discussed “The Case of Ariel Sharon” Feb.
28 at Princeton University, as part of its Encounter Series. Mallat
was one of the initiators of the June 2001 complaint filed in Belgium
on behalf of 23 survivors of the 1982 Sabra and Shatila massacre
against Sharon and Amos Yaron, as well as some Lebanese Phalangists.
The case experienced a setback on June 26, 2002, when the Belgian
Court of Appeals rejected it on the basis that the accused was not
on Belgian soil. But that decision was reversed Feb. 12, 2003 by
the Court of Cassation, which recognized the full universal scope
of the 1993 Belgian legislation granting international jurisdiction.
Mallat described this as a new chapter in international law with
large implications for international accountability. The only restriction
on the decision derives from customary international law protecting
sitting heads of state, meaning any action against Sharon is deferred
until he no longer is prime minister of Israel.
Mallat described the Sabra and Shatila massacre as a crime against
humanity. The victims were civilians from 12 nationalities, including
Lebanese, Palestinian, Syrian, and Bangladeshi. It is distinct from
other cases, he explained, in that it took place over three days
rather than a few hours, followed by the systematic disappearing
of hundreds of young men, and that the “machine de guerre”
involved two nationalities—Lebanese and Israeli.
Mallat discussed the daunting dimension of politics, with its
double standards and tendency to compromise justice, and quoted
Menachem Begin, who said at the time, “Goy kill goy and Jews are
blamed.”
To those who had come in a combative mood, Mallat noted that,
had the case been about Rwanda, there would be jubilation. The case
is not against societies, he emphasized, but against individuals,
and, for that reason, the Feb. 12 decision stipulated that Sharon
and Yaron must have personal attorneys, not Israeli state lawyers.
Expressing regret that, although there were huge demonstrations
in Israel in 1982, today few Israelis have rallied behind the case,
he said that the only exception was a letter of sympathy sent by
Israeli women’s organizations on the 20th anniversary of the massacre.
Mallat anticipated what he termed the “inevitable questions”:
Why Belgium? Why Sharon and not, say, Qaddafi? Why now? And indeed,
those questions were asked at the conclusion of his talk, even though
he already had addressed them.
As to why Belgium, Mallat said it would have been fine if the
Lebanese or Israeli court systems—or the International Court of
Justice—had taken up the issue. So far, however, no perpetrators
have been tried and no victim has been compensated in any way. He
quoted Supreme Court Justice Sandra Day O’Connor as saying that
when a nation-state fails to address a crime, then international
jurisdiction is appropriate. As to why Sharon and not some other
perpetrator of crimes against humanity, Mallat stated that justice
is silenced by relativity. And as to why now, he asked how one would
tell the victims that justice has been postponed for a political
process.
The Sabra and Shatila case, Mallat concluded, has triggered a
revolt against immunity for crimes in Lebanon, and perhaps will
also in Israel and other countries. What is happening in Belgium,
he said, is a wake-up call to the world for international justice
as an alternative to international violence.
Jane Adas is a free-lance writer based in the New York City
metropolitan area. |