In case you had any doubts about the significance of today’s
(Thurs, Nov. 29) bid by Palestinian president Mahmoud Abbas for United Nations “observer”
status for Palestine, here are a few facts to chew on.
First,
Palestine is expected to prevail in the General Assembly vote by a large
margin, possibly as much as two-thirds of the delegates. This will include
European nations such as France, Spain, Norway, Denmark and Switzerland that
have long formed a solid block against Palestine on this issue. It will not include Israel, of course, and its longtime poodle,
the United States, along with its longtime poodles, Australia, Canada and Great
Britain. But the opposition of these nations will have no bearing on the case:
the Palestinians are on track to win this one big.
What
that means is that though they will not get full member status with voting
rights, the Palestinians will have access to UN agencies and treaties, and,
most importantly, the right to join the International Criminal Court (the ICC).
This, in turn, will allow them to bring their cases alleging Israeli war crimes
and violations of international law before the ICC. Now what any thinking
person should be asking is: why should Israel and the United States and Great
Britain (the Brits pledged that they would support the Palestinians in their
admission bid if only they would promise NOT to seek an ICC case against
Israel) worry about this? Why should the United States be putting immense
pressure on Abbas to abandon his UN move, suggesting that it will cost him $200
million in development aid currently blocked in Congress, and more if Israel
freezes the transfer of tax and tariff funds it collects on the Palestinians’
behalf? Isn’t Israel a law-abiding member of the international community, one
of the great democracies of the Middle East?
Well,
no, it’s not. And this is what the world needs to know (not that it’s been any
secret for the last 60 years, but the mainstream media, especially in the U.S.,
routinely buries this kind of “anti-semitic” information). The world needs to know
that Israeli settlements—all of them,
not just the ones President Obama convinced Netanyahu two years ago to
“freeze”, and which Netanyahu has since started building again—are
illegal. They are illegal specifically
according to the very United Nations that Palestine is now seeking to join
(actually it has been seeking full UN membership for years, and has always been
blocked from full membership by, you guessed it, the United States.). In a
little document called “Israeli settlements in the occupied Arab territories,” (easily
searchable online) issued by the United Nations High Commissioner for Human
Rights in April of 1996, the Human Rights Commission does the following.
1) It
notes ‘with appreciation the
report (E/CN.4/1996/18) submitted by the Special Rapporteur pursuant to
resolution 1993/2 A of 19 February 1993, in which he recommends, inter alia,
that the confiscation of Palestinian-owned land and the construction or
expansion of settlements should be halted immediately..
2) Reaffirms that the installation of Israeli
civilians in the occupied territories is illegal and constitutes a violation
of the relevant provisions of the Geneva Convention relative to the
Protection of Civilian Persons in Time of War, of 12 August 1949..
3) Reiterates its request to the Government of Israel
to comply fully with the provisions of Commission resolutions 1990/1, 1991/3,
1992/3, 1993/3, 1994/1 and 1995/3 (in other words, the several times the UN has
already “reaffirmed the illegality of the Israeli settlements in the occupied
territories”and with which Israel is in noncompliance)..
4)
Urges the Government of Israel to abstain from installing any settlers in the
occupied territories and to prevent any new installation of settlers in these
territories.
That
seems plain enough to me. And what terrifies the United States and Israel and
their allies is that it will be plain enough to the International Criminal
Court and the whole world as well. As Francis Boyle, the renowned international
lawyer and legal adviser to the Palestinian Authority for years, said today in
an interview, observer status (and he made the point that Switzerland had
observer status until about three years ago, so it’s not some flimsy or
inconsequential status to have) will give the Palestinians the legal standing
to bring the case he’s been urging them to bring for years to the ICC—the case
against the illegality of the Israeli settlements. As anyone who reads can clearly see, the Israeli
settlements are illegal, and such illegality is precisely what the ICC is meant
to adjudicate. So the first case the Palestinians should bring, according to
Boyle, is the case against the settlements. After that, it may also choose to
bring the war crimes case against Israel stemming from its violations of
international law in its previous (2008) invasion of Gaza. A UN report, the
famous (by now infamous) Goldstone Report, in fact did find evidence of war crimes, specifically that
the Israeli military attacked civilians, hospitals, schools and individual
homes in Gaza (see my blog on this, “Condemning Goldstone,” Sept. 26, 2011.)
Of
course, Israel is already fulminating and threatening to take “whatever actions
are necessary” if the Palestinians should “use this platform for confrontation.”
Which I guess means that the Palestinians should conclude that taking Israel to
court would be considered a hostile act—something like firing rockets, perhaps.
And perhaps they are right. Because what Francis Boyle said in his interview
suggests that this legal track may now become the next step in the long Palestinian
fight for justice. He called it “a legal intifada.” The problem for Israel, and
the United States, is that though legal actions may be devastating in their effect,
they cannot reasonably be called violent, or war-like, or what Israel likes to
call an “existential threat.” Because isn’t that what imperial nations are
always prating about—the rule of law? Well, yes, but not when the wogs want to
use the law. Because when “they” use the law, they can become a threat to the reigning
myth—the myth that Israel, along with its propaganda ally, has long
perpetrated: that Israel is innocent of any wrongdoing, that it is only trying
to defend itself, and that in doing so it always abides by international norms;
and that it is those lawless Palestinians and other Arab or Muslim states who pose
a deadly threat to its people’s existence.
So
if the people of the world—including the benighted and propagandized people of
the United States—were ever to see, via the International Criminal Court, the
truth about who the criminals actually are, then the Emperor’s clothes, hair,
and every other pretense of civilization would surely vanish. Who knows what
might happen then? With Palestine in the UN, we just might get to see.
Update, 11/29: the General Assembly voted 138 to 9, with 41 abstentions, today to give Palestine observer status at the UN. The US and Israel voted "no," joined by the powerhouse nations of Canada, the Czech Republic, the Marshall Islands, Micronesia, Nauru, Palau, and Panama.
Lawrence DiStasi