Why I Support the Palestinian Right of Return

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(Photo: Ryan Rodrick Beiler/Activeststills.org)

If there’s one thing that virtually all Zionists can agree upon, from the political right to left and everywhere in between, it is their abject unwillingness to accept the Palestinian right of return.

There is an almost visceral quality to this rejection, which is invariably presented as an existential necessity, rather than a political argument. Read here, for instance, the comments of the relatively moderate Israeli journalist Yossi Klein Halevi:

The right of return is a euphemism for the destruction of Israel through demographic assault: Overwhelmed with bitter Palestinian refugees raised on hatred, the Jewish state would implode.

Amos Oz, poet laureate of the Israeli peace movement, used identical rhetoric in a 2013 NY Times interview:

The right of return is a euphemism for the liquidation of Israel. Even for a dove like myself this is out of the question.

Since Palestinian civil society issued its call for Boycott, Divest and Sanctions, which includes the goal of “respecting, protecting and promoting” the Palestinian right of return, many now claim that supporting BDS – a nonviolent call for equality, freedom and human rights – is itself tantamount to calling for the destruction of the state of Israel. The progressive American Jewish commentator Peter Beinart has written versions of this position repeatedly over the years:

(BDS) calls not only for boycotting all Israeli products and ending the occupation of the West Bank but also demands the right of millions of Palestinian refugees to return to their homes — an agenda that, if fulfilled, could dismantle Israel as a Jewish state.

Conveniently lost amidst all the rhetoric, however, is the fact that the right of return is not a “euphemism” for liquidation. It is a legitimately claimed right enshrined in international law. And therein lies the crux of the matter. Beinart’s point actually makes it very clear: the choice we ultimately face is one between a Jewish state vs. international law, justice and human rights for all.

“The Old will Die and the Young will Forget”

Between November 1947 and October 1948, 750,000 Palestinians fled or were forcibly expelled from their homes by Jewish militias, an event Israel refers to as the War of Independence and Palestinians call collectively the Nakba (“catastrophe”). In December of 1948, as Palestinian refugees languished in camps waiting to return to their homes, the UN General Assembly adopted Resolution 194 by a majority of 34 countries, including the United States.

Article 11 of the resolution stated:

Refugees wishing to return to their homes and live at peace with their neighbours should be permitted to do so at the earliest practicable date, and that compensation should be paid for the property of those choosing not to return and for loss of or damage to property which, under principles of international law or in equity.

The government of the newly declared state of Israel, however, refused to allow dislocated Palestinians to return to their homes. Over 400 villages were completely destroyed, many of which had new Jewish settlements built upon them. In towns and cities, new Jewish immigrants moved into empty Palestinian houses that had been appropriated by Israel. And to this day, “the earliest practical date” for the return of Palestinians to their homes remains unrealized.

According to the Badil Resource Center for Palestinian Refugee and Residency Rights, there are currently 7.9 million Palestinian refugees worldwide – the largest refugee population in the world. Yet almost 70 years later, the Palestinian people continue to hold their right of return as sacrosanct – as both a  collective dream and as an inalienable right.  At the same time, virtually all Israelis and Israel advocates have dismissed the right of return as a pipe dream – a political non-starter that will never come to pass.

“The old will die and the young will forget.” This quote is often attributed  David Ben-Gurion, who reportedly made it while commenting on the future of Palestinian refugees. While there is no documentary evidence that Ben-Gurion actually uttered these words, it is clear that the prediction has not come to pass. Quite the contrary: the children and grandchildren of the 1948 refugees have not forgotten. If anything, the right of return has become an increasingly indelible aspect of Palestinian culture, famously represented by the original keys to homes in Palestine which are passed down from one family generation to the next.

As for me, I can state openly and unabashedly that I support the Palestinian people’s right of return. I believe it is their inalienable right – not a “euphemism” or cynical political ploy that can be wished, threatened or rationalized away. And I do believe that there will never be a just peace between Israelis and Palestinians until Israel honestly faces the injustices it has perpetrated against the Palestinian people and honors the right of Palestinian refugees to return to their homes.

“The Jewish Character of the State”

To those who claim that the return of refugees would “imperil the Jewish character of the state of Israel,” I would respond that there is a serious problem when the character of a country is dependent upon the denial of basic human rights to an entire people. When we speak of the “Jewish character of the state,” we are really talking about a form of ethnic nationalism that necessarily privileges Jews over non-Jews.

In order to maintain this national character, Israel has created a system that allows any Jew in the world to become an immediate citizen of the Jewish state upon arrival – while millions of people who actually lived in the land (or have ancestors who did) are unable to set literally foot there for no other reason than they are not Jews. The bottom line: the Palestinian right of return raises the prospect of one democratic state of all its citizens – which for Israelis and Israel advocates means “the dismantling of the Jewish state.”

There may arguably have been a time in which the right of return could have been realistically imagined within the context of a two state solution. Peace activist Uri Avnery is one of the rare Israelis who dared to imagine and sketch out the details of such a possibility. In a 2000 article, he wrote:

A basic element of the Right of Return is the right of every single refugee to choose freely between return and compensation.

This is a personal right. While the recognition in principle is a collective right, its implementation in practice is in the realm of the individual Palestinian. In order to be able to make his decision, he must know all the rights accruing to him: what sums will be paid to those choosing not to return and what possibilities are open to those who wish to return…

The historic compromise between Israel and Palestine is based on the principle of “Two States for Two Peoples”. The State of Palestine is designed to embody the historic personality of the Palestinian-Arab people and the State of Israel is designed to embody the historic personality of the Israeli-Jewish people, with the Arab citizens of Israel, who constitute a fifth of all Israeli citizens, being full partners in the state.

It is clear that the return of millions of Palestinian refugees to the State of Israel would completely change the character of the state, contrary to the intentions of its founders and most of its citizens. It would abolish the principle of Two States for Two Peoples, on which the demand for a Palestinian state is based.

All this leads to the conclusion that most of the refugees who opt for return will find their place in the State of Palestine. As Palestinian citizens they will be able to build their life there, subject to the laws and decisions of their government.

Perhaps the last real chance at a negotiated two state solution that involved an Israeli acknowledgement of the right of return occurred during the Taba peace summit in January 2001. According to reports, both Israeli and Palestinian negotiators admitted that a mutually agreed upon deal could have been reached in a matter of weeks. It was also reported that Israeli justice minister Yossi Beilin wrote on a draft document: “The desire to return will be implemented in such a way that will confirm to the existence of the state of Israel and the homeland of the Jewish people.”

As it turned out the negotiations at Taba eventually failed – not because of the oft-claimed canard of the “Palestinian rejection of a generous offer,” but because Israeli Prime Minister Ehud Barak suspended negotiations during the onset of the Israeli elections. Barak would go on to be defeated by Ariel Sharon, who promptly negated the talks.

At any rate, the question of whether or not the right of return might be honored as part of a two state settlement is now moot. Israel’s policies of unmitigated West Bank settlement and displacement of Palestinians into virtual cantons in Areas A and B have made the prospect of a viable two state solution impossible. Whatever else we might say about the failure of the so-called peace process, it is not due to the Palestinians’ intransigent insistence upon their right of return, Rather, it due is to Israel’s desire to create a permanent Jewish presence in “Greater Israel”– and the world’s unwillingness to hold it to account.

“Exchange of Populations”

Many who reject the Palestinian right of return make a kind of “tit for tat” argument between the Palestinian refugees in 1948 and the 856,000 Jews of Arab countries who were either expelled, immigrated or brought to Israel around the same time. It is not uncommon for Israel advocates to equate the two, and claim that the events of 1948 resulted in an “exchange of populations.”

It’s a spurious argument on several levels. In the first place, while the actions of the governments of Yemen, Iraq, Egypt, Morocco and Syria cannot be excused for their violence their against their Jewish populations, Jews from Arab countries (or Mizrahi Jews) did not become refugees – they were absorbed into Israel and became citizens, fulfilling the state’s demographic need for a Jewish majority.  Palestinians experienced the exact opposite: in 1948 they were forced from their homes and turned into refugees.

Moreover, the two expulsions did not occur at the same time. The Jews from Iraq and other Arab countries occurred after the Nakba and both occurred under very different circumstances. There is absolutely no documentary evidence to prove Israeli leadership intended an “exchange of populations” when they made the decision to prevent expelled Palestinians from returning to their homes.

Another important difference: while the right of return is almost universally cherished by all Palestinians, there is no equivalent call for return from Mizrahi Jews. If anything, the lion’s share of Mizrahi protest has been directed toward discriminatory treatment at the hands of Israel’s Askenazic elite and its erasure of their Arab cultural identity. Throughout the years, in fact there have been a number of Arab Jewish movements of solidarity with Palestinian Arabs, from the Israeli Black Panthers of the 1960s and 70s to the Mizrahi Democratic Rainbow Coalition that formed in the 1990s, to the current efforts of Mizrahi activists who are seeking to join the Arab Joint List party in the Knesset.

Ironically enough, it was recently reported that the calls to define Mizrahi Jews as “refugees,” have now been taken up by the Israeli government, presumably in order to somehow politically equate them with Palestinian refugees. By so doing, however, this cynical maneuver actually contradicts a central Zionist dictum: that all Jews are welcome and to become citizens of the Jewish state. It’s also profoundly insulting to Mizrahi Jews themselves, as scholar Zachary Smith explains:

Mizrahi Jews came sometimes of their own free will and sometimes not of their own free will—a clear distinction in a complex history of Jewish immigration to Israel.
Mizrahim were, for the most part, individual agents and actors making decisions about Zionism and Israel. Denying them this Zionist impulse does not just hurt Mizrahi collective identity by portraying them as helpless. It also hurts Israel, because refugees, as is apparent in the Palestinian case, demand to return home.

“They Will Throw the Jews into the Sea”

To return to the theme with which I began, there are those who claim that a return of refugees would existentially endanger the Jews of Israel. Upon their return, the argument goes, “Palestinian refugees raised on hatred” would undoubtedly throw the Jews into the sea.

This is a patently racist argument that essentializes Palestinians as incorrigibly violent. In the end, we cannot honestly discuss Palestinian violence against Israel without recognizing the context of the daily violence in which Palestinians have been living for almost seven decades. Palestinian violence is not a product of their upbringing – it is a response to Israel’s violent expulsion of their families from their homes and the violence of brutal, ongoing oppression.

I have no doubt that there will be those who will respond to me by saying it’s all well and good for me to preach to Israelis that they must live side by side with Palestinians from the comfort and safety of my home in the United States, when it is the Israelis who will have to live with the consequences. It’s a fair question – and in good Jewish fashion I’ll answer it with another question: what will ensure the long term safety of both peoples: the  continuance of an oppressive status quo that will only guarantee a future of violence or an honestly negotiated settlement that includes authentic reparation and repatriation as well as mutually agreed upon guarantees of security for Israelis and Palestinians?

Obviously we are a long way from an “honestly negotiated settlement.” But before we even get to the practical considerations of how the Palestinian right of return might be implemented, that right must first be acknowledged and honored on its own merits. We cannot yet say how this right will be practically realized – this can only come through mutual agreement between Israelis and Palestinians. But in the meantime, the Palestinian right of return cannot be summarily dismissed by shrugging our shoulders and assuming “all nations are created this way.”

No, history cannot be turned back, but Israelis and Palestinians can go forward together. The repatriation of refugees is not a pipe dream – it is a very real and practical concept for which we have ample historical precedent. The real question is not whether or not return is possible. It is rather: does Israel have the political and moral will to own the injustice it inflicted (and continues to inflict) on the Palestinian people and accept their inherent right to return to their homes?

I do believe this acceptance is the necessary first step toward a truly just peace in Israel/Palestine.


Talking JRC and AFSC on WBEZ: My Interview with “The Morning Shift”

MicI had the pleasure this morning of being interviewed by Chicago Public Radio’s Jason Marck for the “The Morning Shift” program on WBEZ.

Here’s their description of our conversation:

After 17 years as the rabbi and spiritual leader at JRC-The Jewish Reconstructionist Congregation in Evanston–Rabbi Brant Rosen conducted his last service on December 19th. His views, work, and words on the Israel/Palestine issue caused deep rifts among the members at JRC, and Rosen ultimately believed it was best for himself and the community that he resign. Rosen joins us to talk about the decision, the controversies, and his new job with the American Friends Service Committee.

Click here to give a listen.


Israel in Gaza: Investigating the Ethics of a War of Choice

photo by Menahem Kahana/AFP/Getty Images

photo by Menahem Kahana/AFP/Getty Images

In Michael Mitchell’s recent piece for Forward Thinking “Israel’s Moral Army?” (July 18, 2014), Mitchell impressively deconstructs the Israel Defense Force’s conduct during its current military operation in Gaza. Using a variety of pedagogical criteria (international law, Jewish tradition, ethical theory) he ultimately challenges Israel’s claim to being a “moral army” (or to use an title often wielded by its politicians and supporters, “the most moral army in the world.”)

Mitchell notes that while there is “evidence that Israel is taking significant measures to minimize civilian deaths,” it is also “quite possible that innocent people have been killed by IDF decisions to strike a target when it knew that doing so could put civilians at risk.”

He thus concludes:

If the IDF aspires to be a “moral army,” especially one that affirms both the universal dignity of each human life and the respect for the human embodiment of the divine image particular to the Jewish ethical tradition, it is in these instances that its conduct falls from regrettable to wrong.

Given the overwhelming support for “Operation Protective Edge” throughout Israel, the American political world and the American Jewish establishment, it is courageous indeed for Mitchell, a Tel Aviv resident, to openly label the IDF’s actions in Gaza as “ethically wrong.” But beyond his relatively narrow analysis of the ethics of warfare, there are larger issues he leaves crucially unexamined.

Most notably, while Mitchell invokes the principles of self-defense in wartime, he ignores the broader question of whether or not this war itself is, as Israel claims, an actual war of self-defense. Indeed, while Israeli and American politicians – and Israel-supporters the world over – have been defending Israel’s actions in Gaza by invoking Israel’s right to self-defense against Hamas rocket fire, the timeline of events leading up to Israel’s military assault on Gaza suggests otherwise.

According to the terms of the last cease-fire agreement between Israel and Hamas, signed back in November 2012, Hamas agreed to cease its rocket attacks against Israel, while Israel agreed to “stop all hostilities in the Gaza Strip land sea and air, including incursions and targeting of individuals.” Since that time, as Forward Editor-in-Chief JJ Goldberg recently pointed out, “Hamas hadn’t fired a single rocket …and had largely suppressed fire by smaller jihadi groups.” By comparison, Israel continuously violated the terms of the cease-fire during those two years with repeated military incursions and targeted assassinations into Gaza. Israel also failed to “facilitate the freedom of movement and transfer of goods within Gaza” as the terms of the cease-fire had stipulated.

This past April, Israel stepped up its rhetoric against Hamas following the reconciliation agreement between Hamas and Fatah. Then in June, Netanyahu publicly blamed Hamas for the kidnapping/murder of three Israeli teenagers – even though he provided no evidence to support his claims and Hamas repeatedly denied any responsibility.  It is now known that Israeli politicians and military leaders knew full well that the teens had been murdered shortly after their abduction – using the pretense of their kidnapping to brutally crack down on Hamas members in the West Bank and to re-arrest former security prisoners who had been released during the Gilad Shalit prisoner swap.

As Israeli public pressure to find the teens reached a fever pitch, right-wing Israeli politicians began to pressure Netanyahu to launch a military operation against Gaza. As Goldberg noted:

In Gaza, leaders went underground. Rocket enforcement squads stopped functioning and jihadi rocket firing spiked. Terror squads began preparing to counterattack Israel through tunnels. One tunnel exploded on June 19 in an apparent work accident, killing five Hamas gunmen, convincing some in Gaza that the Israeli assault had begun while reinforcing Israeli fears that Hamas was plotting terror all along.

On June 29, an Israeli air attack on a rocket squad killed a Hamas operative. Hamas protested. The next day it unleashed a rocket barrage, its first since 2012. The cease-fire was over.

In other words, we cannot view the IDF’s actions during Operation Protective Edge in a vacuum. While Mitchell’s effectively analyzes Israel’s behavior vis a vis the ethics of wartime self-defense, he fails to reckon with the hard fact that Israel’s latest military adventure in Gaza was clearly a war of choice, initiated with cynically political designs.

If we factor in this larger perspective, the ethical categories invoked by Mitchell may well have deeper and more profound implications. For instance, Mitchell cites the Torah’s verse, “Justice, justice shalt thou follow” (Deuteronomy 16:20) together with Jewish value of Pikuach Nefesh (“saving a life”) to make the point that “we must be just not only because it’s right, but because by doing so we ourselves may live.” But while he applies this concept to the context of an army’s actions during wartime, it might be more appropriately invoked in regards to the sacred imperative to work for a just peace to the tragic crisis in Gaza.

If Israel was truly interested in following the course of justice in order to preserve life, it could have dropped its abject refusal to deal with Hamas following the November 2012 cease-fire and pursued further negotiations aimed at ending its crushing siege. It could have sought the course of diplomatic engagement – a truly just attempt at peace rather than merely a lull between its now regular military assaults into Gaza.

Moreover, when Hamas and Fatah announced its reconciliation agreement, Israel’s leaders could have seen this as an opportunity to enter into dialogue with a more unified and representative Palestinian leadership rather than reject another chance to engage in a truly authentic peace process. Instead, they opted for yet another brutally violent onslaught on Gaza that has, as of this writing, killed 370 Palestinians, including 228 civilians, 77 children and 56 women, as well as 18 Israelis.

In other words, before we seek to unpack the ethical question of whether or not the IDF can claim the title of “the most moral army in the world,” it might well behoove us to ask ourselves whether or not these useless, tragic wars need to be fought in the first place.

Presbyterian Divestment Redux: All Eyes on Detroit!

ga1-580x580While the public criticism and upheaval over BDS continues apace, this movement is slowly and inexorably tallying victory after victory. Last week, the Gates Foundation announced that it was fully divesting from G4S – a British/Danish security firm that has been severely criticized for its operations in the occupied Palestinian territories and in prisons and detention centers in Israel, including those housing children and “administrative detainees” held without charge or trial.

Now just this week, we’ve learned that the United Methodist Church – the largest mainline Protestant church in the United States – will be pulling all its investments from G4S as well. This news is huge – and a dramatic precursor to the General Assembly of the Presbyterian Church (USA), which will be convening in Detroit next week. I can’t help but think the BDS tide is turning significantly, particularly in the arena of church divestment campaigns.

I’ve long participated with colleagues in Protestant church groups who have been actively involved in promoting the principled and targeted divestment of their denominations’ funds from companies that profit from Israel’s illegal and oppressive occupation of Palestinians. I was, in fact, an active supporter of the divestment “overture” brought to the last Presbyterian GA two years ago and wrote extensively about these efforts.

This is what I wrote at the time:

I support this resolution without reservation and urge other Jewish leaders and community members to do so as well. I am deeply dismayed that along every step of this process, Jewish community organizations (among them, the Anti-Defamation League, the Simon Wiesenthal Center and the Jewish Council on Public Affairs) that purport to speak for the consensus of a diverse constituency have been intimidating and emotionally blackmailing the Presbyterian Church as they attempt to forge their ethical investment strategy in good faith.

It is extremely important to be clear about what is at stake here. First of all, this is not a resolution that seeks to boycott or single out Israel. Divestment does not target countries – it targets companies.  In this regard speaking, the PC (USA)’s ethical investment process seeks to divest from specific “military-related companies” it deems are engaged in “non-peaceful” pursuits.

We’d be hard-pressed indeed to make the case that the Israeli government is engaged in “non-peaceful pursuits” in the Occupied Territories and East Jerusalem.  I won’t go into detail here because I’ve been writing about this tragic issue for many years: the increasing of illegal Jewish settlements with impunity, the forced evictions and home demolitions, the uprooting of Palestinian orchards, the separation wall that chokes off Palestinians from their lands, the arbitrary administrative detentions, the brutal crushing of non-violent protest, etc, etc.

All Americans – Jews and non-Jews alike – have cause for deep moral concern over these issues.  Moreover, we have cause for dismay that own government tacitly supports these actions. At the very least, we certainly have the right to make sure that our own investments do not support companies that profit from what we believe to be immoral acts committed in furtherance of Israel’s occupation.

As the co-chair of the Jewish Voice for Peace Rabbinical Council, I am proud that JVP has initiated its own divestment campaign which targets the TIAA-CREF pension fund, urging it to divest from companies that profit from Israel’s occupation. Among these are two of the three companies currently under consideration by PC (USA): Motorola and Caterpillar.

Why the concern over these specific companies? Because they are indisputably and directing aiding and profiting the oppression of Palestinians on the ground. Caterpillar profits from the destruction of Palestinian homes and the uprooting of Palestinian orchards by supplying the armor-plated and weaponized bulldozers that are used for such demolition work.  Motorola profits from Israel’s control of the Palestinian population by providing surveillance systems around Israeli settlements, checkpoints, and military camps in the West Bank, as well as communication systems to the Israeli army and West Bank settlers.

And why is Hewlett-Packard under consideration for divestment by the PC (USA)? HP owns Electronic Data Systems, which heads a consortium providing monitoring of checkpoints, including several built inside the West Bank in violation of international law.  The Israeli Navy, which regularly attacks Gaza’s fishermen within Gaza’s own territorial waters and has often shelled civilian areas in the Gaza Strip, has chosen HP Israel to implement the outsourcing of its IT infrastructure.  In addition, Hewlett Packard subsidiary HP Invent outsources IT services to a company called Matrix, which employs settlers in the illegal settlement of Modi’in Illit to do much of its IT work at low wages.

I repeat: by seeking to divest from these companies the PC (USA) is not singling out Israel as a nation.  The Presbyterian Church has every right to – and in fact does – divest its funds from any number of companies that enable non-peaceful pursuits around the world.  In this case specifically, the PC (USA) has reasonably determined that these particular “pursuits” aid a highly militarized, brutal and oppressive occupation – and it simply does not want to be complicit in supporting companies that enable it.

I encourage you to read the entire post, which also includes a detailed history of the process undertaken by the Presbyterian Church (USA). The current overture, like the one two years ago, seeks divestment from the same three companies: Hewlett-Packard, Motorola and Caterpillar.

And inevitably, like before, the overture’s sponsors and their supporters have been subjected to an unrelenting barrage of criticisms and accusations from certain quarters of the Jewish establishment. I am particularly dismayed to learn that J St. – ostensibly an anti-occupation organization – is once again joining forces with those who hope to quash this principled, good faith proposal.

On this point, I’m in full agreement with Israeli journalist Larry Derfner, who recently wrote:

J Street was instrumental in beating back the same motion in 2012, when it failed before the church’s General Assembly by a vote of 333–331. But that was then. Then it was possible to argue (although I’d already stopped) that there was still hope that the United States would pressure Israel into making peace. Then it was still at least reasonable for J Street President Jeremy Ben-Ami to tell the Presbyterian Church, “Reject divestment, and embrace full-on pursuit of the diplomatic efforts necessary to create genuine and lasting peace for Israel and the Palestinian people.”

But now? What argument can an anti-occupation movement make to the Presbyterian Church in June 2014 about why it should not divest from Caterpillar’s bulldozers, Hewlett-Packard’s ID system for Palestinians and Motorola’s surveillance machines? Because it would interfere with U.S. diplomacy in the Middle East? Because it would harden the Netanyahu government’s stance in the peace talks?

From an anti-occupation perspective, what is there to lose by a Presbyterian Church vote for divestment? Nothing. But what is there to gain? A blow against injustice, the kind that has been scaring the Netanyahu government and Israel lobby like nothing else — certainly not the Obama administration — which is a very good sign that the BDS campaign is on to something.

With the failure of the peace process and Israel’s recent announcement of 1,500 new settlements, it is clear that political pressure has been utterly ineffective in bringing a just solution to this unjust occupation. Why then, must we block attempts at the popular, nonviolent pressure tactics such divestment – particularly when such efforts have been demonstrably effective in other parts of the world?

I will be posting much more about the divestment overture at Presbyterian GA in the coming week. Stay tuned.


John Kerry Says “Boycott” – Cue the Outrage

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We learned yesterday that Netanyahu and his senior ministers are all astir by remarks made by John Kerry at a recent security conference in Germany. Echoing similar warnings he’s made in the past, Kerry noted that the failure of talks would only increase Israel’s isolation in the international community:

Today’s status quo absolutely, to a certainty, I promise you 100 percent, cannot be maintained. It’s not sustainable. It’s illusionary … You see for Israel, there’s an increasing delegitimization campaign that has been building up. People are very sensitive to it. There are talks of boycotts and other kinds of things.

Responding quickly, Netanyahu criticized the remarks during a subsequent cabinet meeting. Yuval Steinitz, Israel’s minister of strategic affairs, told Israel Radio on Sunday that Mr. Kerry’s comments were “hurtful,” “unfair” and “intolerable” and added, “Israel cannot be expected to negotiate with a gun to its head.” Not to be outdone, Knesset member Motti Yogev, of the Bayit Hayehudi party said Kerry’s “obsessive pressure” had “anti-Semitic overtones.”

There’s much to be said about the escalation of a war of words between Israeli politicians and the US Secretary of State. For my part, however, I’m less interested in a diplomatic pissing match over a moribund peace process than the way the issue of boycott has now firmly become entrenched in official discourse. Can their be any surer sign that the Boycott, Divestment and Sanctions movement has become a force to be reckoned with?

In this regard, I couldn’t help but be struck by Netanyahu’s comments in response:

Attempts to impose a boycott on the state of Israel are immoral and unjust. Moreover, they will not achieve their goal.

Of course, Kerry made no such claim that boycotts were “moral” or “just” (as a defensive State Department spokesperson hastened to point out). He was simply noting their very existence. And Netanyahu’s apoplectic reaction over this harmless comment makes it clear that he takes their existence very, very seriously indeed.

As well he should. With the recent American Studies Association announcement that it is honoring the academic boycott of Israeli universities – and the even more recent attention over Scarlett Johansson’s ill-fated agreement to shill for SodaStream – BDS is increasingly moving into the mainstream media spotlight. And more importantly, it is increasingly gaining adherents.

Anecdotally speaking I can attest to the growth of this movement by the growing number of conversations/debates I’ve been having on the issue of BDS. Generally they retread over the same territory: “Is BDS anti-semitic?” “Is BDS a double-standard?” “Is BDS effective?” “Will BDS lead to the destruction of Israel?”

I’m not interested in addressing these questions here – I’ve explored them at length in numerous blog posts dating back to 2009. Besides, it seems to me that right now the most important thing we can say about the BDS movement is that it is here to stay  – and as long as Israel’s intolerable treatment of Palestinians continues, it promises to be chalking up even greater successes in the near future.

That’s why Kerry’s comments – candid though they were – smacked to me of a very real disingenuousness.   After all, what is the real “delegimization campaign” here: the BDS movement or Israel’s oppressive policies toward Palestinians?  If our government is unable or unwilling to hold Israel to account, we should not be surprised by the growth of a popular movement that does.


B’tselem Reports on Israel’s “De Facto Annexation” of Area C

201306_area_c_map_engAs the we wait in vain for a “breakthrough” in the current incarnation of  “peace process,” I’d like to recommend some essential reading: “Acting the Landlord: Israel’s policy in Area C, the West Bank” – a report released this month by B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories. It will go a long way in explaining to you how Israel has effectively closed the door on a viable two-state solution.

Some background:

As part of the 1993 Oslo Accords, the West Bank was divided up into three administrative regions: Areas A, B and C. According to these interim accords, the Palestinian Authority was given full civil and security control over Area A, which today accounts for 18% of the West Bank. In Area B, which takes up 21% of the West Bank,  the PA was given civil control while Israeli maintains security control.

Area C, which makes up 60% of the West Bank and contains all the major Jewish “settlement blocs,” is under full Israeli civil and security control. In the map on the right, Area C is marked in red, Area B in the lined sections, and Area A in white. You can clearly how Areas A and B are scattered like an archipelago in the ocean of Area C, cut off from each other and essentially under the ultimate control of the Israel Defense Forces.

Slowly but surely, Israel has been moving Palestinians into these disconnected islands while strengthening its settlement regime over Area C. It is also rapidly blurring the distinction between Area C and Israel proper. Israeli-only highways now lead from Israel into the heart of the West Bank, connecting the Jewish settlements to each other while bypassing Palestinian communities. Jewish communities are also connected through their common use of electrical and water resources that are denied non-Jewish communities. Israel is literally investing billions of shekels in Area C while deliberately preventing the development of Palestinian infrastructure there.  The new B’tselem report now offers a detailed and devastating picture of the sophisticated bureaucratic process by which Israel has been able to create these facts on the ground.

From the report summary:

Israel prohibits Palestinian construction and development on some 70 percent of Area C territory by designated certain areas as “state lands” or “firing zones.” Meanwhile, Israel refuses to recognize most of the villages in the area or draw up plans for them, prevents the expansion and development of Palestinian communities, demolishes homes and does not allow the communities to hook up to infrastructure. Thousands of inhabitants live under the constant threat of expulsion for living in alleged firing zones or “illegal” communities.

In addition, Israel has taken over most of the water sources in Area C and has restricted Palestinian access to them. In theory, Israel retains full control in the West Bank only of Area C. In practice, Israel’s control of Area C adversely affects all Palestinian West Bank residents. Scattered throughout the vast expanses of Area C are 165 “islands” of Area A- and B-land that are home to the major concentrations of population in the West Bank. The land reserves that surround the built-up sections of West Bank towns and villages are often designated as Area C, and Israel does not allow construction or development on these reserves. Israel thereby stifles many Area A and B communities, denying them the opportunity to develop.

This is one of the contributing factors to the difficulty in obtaining lots for construction, the steep price hike in the cost of the few available plots, the dearth of open areas, and the total lack of suitable sites for infrastructure and industrial zones. If, for want of an alternative, residents of these areas build homes without permits on nearby land – owned by them but classified “Area C” – they live under the constant shadow of the threat of demolition.

This report presents Israel’s policy as implemented in Area C, primarily by the Civil Administration, and explores the policy’s implications for the population of the West Bank as a whole. The report focuses on several specific locations in Area C where the policy has considerable impact on the lives of the residents:

– There are dozens of Palestinian villages in the South Hebron Hills that the Civil Administration refuses to recognize and for which it does not prepare master plans. Over 1,000 people, residents of eight of these villages, currently live under the perpetual threat of expulsion on the grounds of residing in a designated “firing zone”.

– The Civil Administration plans to uproot at least two thousand Bedouins from land near the settlement of Ma’ale Adumim and transfer them to so-called “permanent communities” in order to expand nearby Israeli settlements and achieve a contiguous built-up bloc linking the settlements to the city of Jerusalem. Previously, hundreds of Bedouins from this area had been displaced for the establishment and then the expansion of Ma’ale Adumim.

– Palestinians in the Jordan Valley are subject to frequent house demolitions. They are occasionally evacuated for the benefit of military exercises and must deal with the confiscation of water cisterns that are the source of drinking water for them and their livestock.

– Al-Khader, Yatma and Qibyah are examples of Palestinian communities most of whose built-up area is located in Area B. Yet most of these communities’ lands available for construction of homes, infrastructure and public services are located in Area C, where the Civil Administration does not allow construction and development. Palestinians in these communities who, for the want of any other options, built homes on their community’s lands in Area C,  face the constant threat of demolition.

Some Area C residents, harmed by Israel’s planning and building policy, have applied to Israel’s High Court of Justice for redress. However, of the dozens of petitions submitted, the court deemed not a single case worthy of its intervention with Civil Administration considerations. The court thus enabled the restrictive, harmful and discriminatory policy to carry on.

At the same time, and counter to international law, Israel encourages its own nationals to settle in the West Bank. Israel allocates vast tracts of land and generous water supplies to these settlements, draws up detailed plans that take into account both current requirements and future expansion, and turns a blind eye to violations of planning and construction laws in settlements.

Israel’s policy in Area C is anchored in a perception of the area as meant above all to serve Israeli needs. Consequently, Israel consistently takes actions that strengthen its hold on Area C, displace Palestinian presence, exploit the area’s resources to benefit Israelis, and bring about a permanent situation in which Israeli settlements thrive and Palestinian presence is negligible. Israel’s actions have brought about a de facto annexation of Area C and have created circumstances that will influence the final status of the area.

Israel’s policy in Area C violates the essential obligations of international humanitarian law, namely: to safeguard occupied territory on a temporary basis; to refrain from altering the area or exploiting its resources to benefit the occupying power; and, most importantly, to undertake to fulfill the needs of the local residents and respect their rights. Instead, through the Civil Administration, Israel pursues a policy designed to achieve precisely the opposite: the Civil Administration refuses to prepare master plans for the Area C communities and draws on the absence of these plans to justify the prohibition of virtually all Area C construction and infrastructure hook-ups. In cases where, having no alternative, residents carry out construction despite the prohibition, the Civil Administration demolishes their homes. Israel utterly ignores the reality that residents cannot build their homes legally. Israel conducts itself as though this situation were not in fact a direct result of its own policy.

One of the most important sentences in the report above:

Israel’s actions have brought about a de facto annexation of Area C and have created circumstances that will influence the final status of the area.

Increasingly, we are hearing educated observers say out loud what many of us have long suspected: Israel has successfully annexed most of the territory long considered to be the heart of an eventual Palestinian state.

Please read this report and share it widely.


“Wrestling in the Daylight” in Seattle

Here’s a great quality video of my entire speaking appearance at University Friend’s Meeting in Seattle this past Monday night. I attended series of wonderful – and at times inspiring – events during my short stay in the Northwest and will be reporting on them in due course.  In the meantime here’s a taste:


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