Subversive Activity
Jeremy Harding
One reliable – and sobering – measure of a country’s political health is the number of international NGOs and agencies working on the ground in relief, development, nutrition, water, education, humanitarian assistance and legal rights. In the Palestinian territories there are roughly eighty. Since the Oslo Accords in 1993, the INGO footprint has got no lighter: evidence, in case it was needed, that the Palestinian Authority – created by the Oslo process – is incapable of running what remains of the Palestinian West Bank or providing for its citizens: it is a barely sovereign local power, obliged to co-ordinate with Israel on security issues and guilty of human rights violations against its critics. INGOs come into their own in places where there is no effective government, no fair access to property, food, water and land, and no consent to rule of law as the authorities interpret it.
But there are also the Palestinian NGOs, with their intellectual and activist origins in nearly 75 years of dispossession and resistance. Many were founded before the charitable internationals in Palestine became permanent fixtures. And their numbers have grown: by 2020 there were more than a hundred Palestinian NGOs operating in the West Bank, East Jerusalem and Gaza. Some have stepped in for years to fill the gaping holes in ‘civil society’ opened by a series of disasters: eviction in 1948, military occupation after 1967 and – post-Oslo – life under a zombie administration.
Israel is obliged, for the moment, to weigh its dislike of the UN agencies and the INGOs – human rights groups especially – against the opprobrium it would face if it began throwing foreign ‘humanitarians’ out of Palestine and destroying their offices. (The PA would also be pleased to be rid of them if it weren’t for the jobs and forex that arrive in their wake.)
Palestinian NGOs, however, remain vulnerable to Israeli diktat. In February the Israeli authorities outlawed Samidoun, an advocacy group for the release of Palestinian detainees, on the grounds that it had links to the Popular Front for the Liberation of Palestine, a Marxist faction of the PLO that was once in the vanguard of the national movement but has not been ‘popular’ for thirty years or more. Samidoun was identified as a terrorist group and accused of recycling funding to the PFLP.
Last week the defence minister, Benny Gantz, signed an executive order designating another six Palestinian NGOs as ‘terrorist’ organisations. One was Defence for Children International – Palestine, whose offices had been raided in July. Others included the Union of Palestinian Women’s Committees and the Union of Agricultural Workers’ Committees.
The most distinguished ‘terrorist’ organisation under Gantz’s executive order is Al-Haq, a human rights NGO founded in the late 1970s, which focuses on legal issues in the Occupied Territories. Al-Haq’s primary purpose is to defend the rights of Palestinians under occupation. It has won several international awards, including the Prix des droits de l’homme de la République française.
Al-Haq rose to prominence during the first Intifada; it has spent decades opening legal pathways through the byzantine complexities of Israeli military and colonial law – often at variance with statutory international law – for colonised plaintiffs to challenge the confiscation of their property, the detention of their relatives, the destruction of their horticulture and the violation of their rights.
Typical of its research work is The West Bank and the Rule of Law (1981), published in collaboration with the International Commission of Jurists. In the words of the writer and lawyer Raja Shehadeh, one of the founders of Al-Haq, ‘the book examined a raft of secret Israeli legislation that amended local law by military orders which were never published, making it possible for settlers to acquire land for illegal Israeli settlements in the Occupied Territories. Shehadeh adds that ‘more recently the organisation has been active in providing evidence for the International Criminal Court at The Hague to build its case to investigate war crimes committed by Israeli officials.’
The order against Al-Haq and the other organisations is consistent with Israel’s broad characterisation of civil disobedience and non-violent activism, including the Boycott, Divestment and Sanctions movement, as ‘antisemitic’ or ‘terrorist’. For Palestinians, as of last Friday, seeking due process has become a subversive activity. A statement from former staffers at Al-Haq – including signatories in Arab-majority states, Latin America, Europe, the US and the UK – can be downloaded here.
Comments
https://www.hrw.org/news/2021/04/27/abusive-israeli-policies-constitute-crimes-apartheid-persecution
Human Rights Watch is not an outlier or left wing organisation. It is very much a part of the establishment in the United States and is not generally associated with hard hitting criticism that conflicts with the promoted interests of the American state. Kenneth Roth, the Human Rights Watch CEO who has been in power longer than Putin, is a darling of the New York liberal and Democratic Party Establishment. Those groups are an important financial source for HRW and include many members of New York’s highly altruistic liberal Jewish community. Human Rights Watch cannot be dismissed as “the usual suspects”.
Furthermore, the HRW report is a formal legal analysis of what constitutes the crime of apartheid and whether Israeli actions and statutes meet that bar, and it concludes that Israel is an apartheid state not as a matter of political categorisation, but in a formal, legal sense. Roth is respected as a lawyer and Human Rights Watch is an organisation to which people, not just in State Department but at senior levels of the Biden Administration, genuinely listen if not always taking heed. The walls are starting to close in. Few people in this day and age wish to be seen as defenders of apartheid.
https://www.ajc.org/news/5-things-you-should-know-about-human-rights-watchs-report-on-israel
With reference to the West Bank, an occupation by definition entails separation between the occupying power and the occupied population and the existence of two different legal systems for occupying and occupied nationals. All separation measures instituted by Israel are solely for purposes of security and it makes absolutely no difference if the Israeli presence in the West Bank is in the form of army bases (certainly legal under an occupation) or settlements (irrespective of their legality). Secondly, international law stipulates how wars are to be fought in built-up areas and there is no evidence that Israel violated these laws despite the high number of Palestinian casualties brought about by Hamas's implantation of its entire war apparatus in residential neighborhoods.
With reference to Israel itself, it is Jewish in the same way that France is French and Turkey is Turkish, because Israel is a Jewish state in the same way that France is a French state and Turkey is a Turkish state. In this Jewish state, the Arabs are a national minority with all this entails, just as the Kurds are a national minority in Turkey, and treated far better than the Kurds in Turkey and most other national minorities in the world. Israeli Arabs can vote and serve as Knesset members and judges, pursue any profession, treat Jewish patients as doctors, defend Jewish criminals as lawyers, attend universities, share all public facilities with Jews and go wherever they want. To call this apartheid is as absurd as calling a table a chair or a car an airplane. It is a shameless perversion of language whose only purpose in to denigrate and criminalize Israel.
It is interesting to note that you make no attempt to address the very valid points about the bans in Jeremy Hardy's blog post (though I'm sure that you will now oblige with a regurgitation of the Israeli government's line).
If I went off half-cocked about how rotten China is on the basis of biased second- and third-hand English-language sources and without the remotest possibility of verifying or evaluating anything I read, never having been there and not understanding a word of Chinese, people would be right to call me a China hater. And that is why I am inclined to call people who go off half-cocked about Israel Jew haters, or at the very least hostile or resentful toward Jews. The language and the ignorance is always the giveaway.
When my children were small they used to read a little book called Horses. In it, the author wrote: " When my horse goes badly, I ask myself what I have done wrong."
What a pity this champion of Israel, so quick to defend his adopted land against all comers and so blind to its misbehaviour, cannot be guided by such wise advice.
Israel has been consistent in playing its hand well, and Palestinians have been equally consistent in playing the their hand badly. Camp David in 2000 represented the best deal Palestinians were ever going to get, yet (foolishly), they held out for more. Now they will get nothing. They have lost, and nothing will change that. Even the Arab world has given up on the Palestinians, both out of boredom and the desire to contain Iran.
We can wish Israel wasn't an ethno-state. But the time to challenge and influence such foundational thinking was generations ago. That Israel is an apartheid state is a logical consequence of its geo-security situation. Israel must expand its borders and expel the Palestinians (to Jordan), as quickly as it can. The resulting destabilisation of its neighbour is preferable to the status quo. Every "terrorist incident" and disinterested US President provides an excuse to expedite the timetable.
So we in the UK can discuss "justice" all we wish, and wring our hands at every tightening of the ratchet. But the window of opportunity for influence has long passed. Progressive activists and politicians can spend their energy far more productively in addressing more contemporary human rights crises - take your pick: Uighurs? Migrant camps? Hong Kong? LGBTQ+ Russians?
Palestine has become a lost cause. There's no two-state solution. There's no one-state solution. Time for everyone to accept it, survey the realistic scenarios for Palestinians, and begin working to realise the most positive of them. Anything else is self-indulgent whimsey.
The Palestinians' only sponsors are Iran and Syria, and the latter has been somewhat preoccupied elsewhere, of late. Now that the Arab nations are largely reconciled with the existence of Israel and even see it as an ally against Iran, the Palestinians' utility to Iran becomes increasingly questionable.
Instability reigns? Israel has never looked so stable. In 1967 it was surrounded by enemies. Now it is surrounded by failed states, neutral states, and allies.
It is entirely possible to be a critic of the Israeli government and its illegal actions against Palestinians, including what is clearly a system of apartheid, and yet not be anti-semitic.
I know many Jews who fit this description. History will not be kind to those that perpetrated these crimes. Hate only begets hate and one day all sides will need to accept the reality that they must co-exist.
I also find it difficult to understand at what point the haters believe that Israel became a racist oppressor, because I have the feeling that it is not just the occupation that they rail against but Israel's existence as such, which they represent as constituting a great injustice to the Palestinian people. So by all means let's have a civilized discussion, point by point, you and I, so that neither of us can run away or slide around what is inconvenient. At what point do you believe the Jews became the culprit? In 1967? In 1948? In 1917? In 1897? In 1878? Were they simply always the criminal with regard to the Land of Israel and/or the Palestinians, or only from a certain point on? Then I will reply to you and we can thrash things out and then move on to the next point if you are game.
As for Hamas, you will not find many "critics" of Israel willing to acknowledge that Hamas is a terrorist organization, preferring to call them freedom fighters even when they succeeded in blowing up Israeli women and children in buses and restaurants, so I think I am justified in calling them haters.
Par for the course...
In 2005, the Israeli court dismissed Ottoman documents presented by Suleiman Darwish Hijazi, one of the residents of Sheikh Jarrah, as evidence of his ownership of the land. But they accepted the documents presented by the Jewish claimants.
I await you reply. Please avoid empty rhetoric if possible.
As for Hijazi, do you know why his documents were dismissed? Here is the other side of the story, which I am sure is no less reliable than your own sources of information:
https://thejewishnews.com/2021/05/10/sheikh-jarrah-a-legal-background.
However, I do take exception to the phrase "so called Nakba". It is very difficult to have a rational conversation who dismisses historical fact as "so called". It reminds me of trying to discuss the Holocaust with david Irving, who simply refuses to accept as fact things which are well established matters of fact. There is nothing "so called" about the Nakba, any more than there is anything "so called" about the Holocaust. You simply cannot refuse to accept historical facts and expect people to take you seriously.
With regard to the issue of Sheik Jarrar and the ownership of the land, which was the actual content of our "so called" discussion, it needs to be noted that there is considerable doubt about the authenticity and validity of the document on which the Israeli claim was made. Traditionally such records are filed by date and location, however the lawyer representing Hijazi and the families carried out extensive investigations and obtained confirmation from officials at the Ottoman archives in Ankara that the alleged title deeds do not exist within their records.
With regard to the koshan presented by the Sephardic Community Committee and the Knesset Israel Committee In accordance with common practice regarding the establishment of legal rights, the Committees’ claims were legally deemed to have been registered for ‘primary purposes’ by the Israeli Land Registry. In contrast to tabo, or final registration, primary registration, primary registration does not purport to substantiate the validity of the Committee’s claim as ,the registration is not proof of ownership for the purpose of subsequent land disputes.
It is no surprise that despite the unlikelihood that the disputed areas had been owned, rather than rented, by Jews, the Israeli courts made their decisions in favour of ownership by the Sephardic Community Committee and the Knesset Israel Committees. As has been pointed out repeatedly, Israel is an apartheid state and its legal system reflects this, so that there is, in effect, one law for one group based on their presumed racial superiority, and another inferior form of law for the rest based on presumed their racial inferiority. This distinction on the basis of race is at the heart of the ideology of apartheid states.
All this is irrelevant anyway, as Israel does not have the legal authority to award the land and property in Sheik Jarrar to Israeli citizens. Israeli court have no jurisdiction in Sheikh Jarrah. When Israel expanded its legal jurisdiction to East Jerusalem, it did so in violation of international law. In fact awarding the land and property to Israeli citizens is almost certainly a war crime.
Both the expansion of Jerusalem’s municipal boundaries by the unilateral creation of Jerusalem’s municipal boundaries in 1967, leading to the annexation of the Old City of Jerusalem (6.5 km2) and land from surrounding Palestinian villages (64.5 km2) in the West Bank, and the adoption of the Basic Law: Jerusalem Capital of Israel on 30 July 1980, which declared “Jerusalem complete and united” to be “the capital of Israel have been declared “null and void” by the UN Security Council.
“In its 2004 Advisory Opinion, the International Court of Justice (ICJ) held that East Jerusalem is occupied territory, which has been illegally annexed by Israel, and confirmed the applicability of international humanitarian law and international human rights law to East Jerusalem. Under Article 43 of the Hague Regulations, Israeli authorities are obliged to respect the law in force, except when absolutely prevented from doing so, and are prohibited from making permanent changes. Under international law, Israel as the occupying power does not possess sovereignty over East Jerusalem and is vested only with temporary powers of administration. Accordingly, Israel is not entitled to apply its own domestic laws within the OPT, including East Jerusalem… The forced eviction of the Sheikh Jarrah families could also amount to grave breaches of the Fourth Geneva Convention, Article 147, “extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly” and even “unlawful deportation or transfer” of Protected Persons. Officials identified as having ordered or participated in such conduct could incur individual criminal responsibility.”
For further information I would refer you to the website of Jews for Justice for Palestinians:
https://jfjfp.com/the-sheikh-jarrah-evictions/
The Law4Palestine website:
https://law4palestine.org/wp-content/uploads/2021/05/Fact-sheet-regarding-the-case-of-Sheikh-Jarrah-references-need-revisiting-Law-for-Palestine.pdf
And to the comprehensive account by The Civic Coalition for Defending Palestinians’ Rights in Jerusalem:
https://www.adalah.org/uploads/oldfiles/newsletter/eng/feb10/docs/Sheikh_Jarrah_Report-Final.pdf
Your statement that Israel is an apartheid state, "as has been pointed out repeatedly," is a bad joke. It has been pointed out repeatedly only by people like yourself. Of course there are two systems of law in an occupied territory: military law for the occupied population and civilian law for nationals of the occupying power. This has nothing to do with race or apartheid. As for Israel itself, the Israeli Supreme Court does not operate under two systems of law and has in fact been attacked repeatedly by the right for its rulings. Apartheid, as you say, revolves around race, but the Arab-Israel conflict is not racial (Jews do not consider the Arabs as belonging to a different race), it is national, and the status of Israeli Arabs is that of a national minority with all this entails but with nothing that remotely approaches apartheid. See also Martha's remarks below.
Since, like myself, you are not a legal expert, your take on the legalities of Israel's actions and judicial rulings are next to meaningless. I gave you a link to a different take. Go argue with them.
I found your dismissal of the Nakba to be an all to familiar trope: "Certainly the Palestinians have suffered. So did the Germans. That is what happens when you start and lose a war." Had I written such a thing about the holocaust, I would be rightly castigated as a racist. That you wrote it about Palestinians speaks volumes for your character.
I don't see any point discussing this further, since you yourself admit that you are not a legal expert, yet nonetheless you claim to know the Committes have a valid legal claim to the land. I will leave you to ponder the reasonableness of those combined remarks.
I did not say a word about any Committees, I provided a link that presents a different view from yours and noted that Israel's Supreme Court offered a compromise.
And by the way, I know you are a not a legal expert because a legal expert would not be getting his arguments from those same websites. He would be studying the court records, including protocols and documents. And I don't have to rely on intuition to know what kind of state Israel is. I am here, unlike you.
I too know what kind of state Israel is, which is why I will never visit it.
Since you slide around whatever you can't handle, I'll give it to you again:
"If I went off half-cocked about how rotten China is on the basis of biased second- and third-hand English-language sources and without the remotest possibility of verifying or evaluating anything I read, never having been there and not understanding a word of Chinese, people would be right to call me a China hater. And that is why I am inclined to call people who go off half-cocked about Israel Jew haters, or at the very least hostile or resentful toward Jews. The language and the ignorance is always the giveaway."
“The very essence of apartheid was the physical separation – apartness – of people based on a legislated racial hierarchy. There is no racial or ethnic distinctions in Israeli law. Under the South African Reservation of Separate Amenities Act of 1953, municipal grounds could be reserved for a particular race, creating, among other things, separate beaches, buses, hospitals, schools and universities. Inside of Israel there are no separation of this sort. In Judea and Samaria Israelis and Palestinians buy at the same stores, work together and etc. In South-Africa Public beaches, swimming pools, pedestrian bridges, drive-in cinema parking spaces, parks, and public toilets were segregated. Restaurants and hotels were required to bar blacks. In Israel and all territories under its jurisdiction, Palestinians patronize the same shops and restaurants as Jews do. It is true that Jews are de facto excluded from Palestinian-controlled territory, but that is not the apartheid HRW has in mind.
Under the Bantu Homelands Citizenship Act of 1970, the Government stripped black South Africans of their citizenship, which deprived them of their few remaining political and civil rights in South Africa. In parallel with the creation of the homelands, South Africa’s black population was subjected to a massive program of forced relocation. Israel did not dislocate Arabs citizens to the PLO territories or revoked citizenships.
The black “Bantustans” were created by the Apartheid government itself under a series of laws, which deported and relocated blacks into these areas. Because they were generally regarded as puppets of Pretoria, their supposed independence was not recognized by other countries. The Palestinian government was created by the Palestinians themselves and is recognized internationally as the legitimate representative of the Palestinian people by almost every country in the world. The Palestinian Authority governs 90% of the Palestinian population, as provided in the Oslo Accords.
Blacks in South Africa were deprived of their political rights. Israel Arabs have full voting rights for the Knesset, while Palestinians in the territories have voting rights for the Palestinian Legislative Council. Israeli citizens do not have voting rights in the Palestinian government, because it is a different and independent government. By the same token, Palestinians do not vote in the Knesset – not because it is apartheid, but because since the 1993 Oslo Accords, they have had their own government. The international community recognizes the independence of the Palestinian government, and there can be no denying that its decision-making is independent of, and antagonistic to, that of Israel. It would be hard to imagine the ICC admitting a Bantustan as a state party.”
https://www.ejiltalk.org/the-apartheid-accusation-against-israel-lacks-is-baseless-and-agenda-driven/
But I was struck by his whataboutery, as in what about France and Turkey. Presumably one can extend the analogy by stating Britain is a British state, Belgium is a Belgian state, Spain is a Spanish state, Fiji is a Fijian state and so on through the 200 or so states in the world. But according to Mr Skolnik, with one exception: Israel is not an Israeli state but a Jewish state. Even South Africa under the Apartheid regime never claimed that South Africa was a White state.
You are also implying that Jewish is parallel to White, that is, a racial designation. The Jews are not a race. They are a people or nation, like the Dutch, the French, the Spanish, etc.
@Fred Skolnik
What sort of pernicious nonsense is this?
An American Jew, such as you once were, Mr Skolnik, is a member of the American nation and of no other, deep, nay unbreakable, though his links be to his co-religionists the world over. He is part of the Jewish "people," , to be sure; of an ethnos; a member of an imagined community. But he is decidedly not a member of the"Jewish nation," there being no such entity save figuratively speaking, and though the concept has been one of the articles of faith of political Zionism since its inception it is misleading, even dangerous, to bandy it about as if a people and a nation are one and the same. The American (or Dutch, or French) Jew may decide, as you have decided, to become a citizen of Israel, a country among many in the world. But that is another matter.
If words are to retain their referents and point us to things as they are rather than as we wish them to be, these two terms, highly charged though they be, are scarcely interchangeable. Indeed, to treat them as synonyms flies in the face of reality, viz. the misleading and tendentious, not to say laughable, refusal of the Supreme Court of Israel categorically to distinguish between an Israeli"nation' and "the Jewish people." It is a refusal which not only contradicts common sense and experience but - an own goal if ever there was one - offers genuine anti-semites precisely what they are after in the way of ammunition.
So by this logic, Britain is an English state, Spain is a Castillian state etc.?
Holland is a province, not a state.
I notice that one of you main points is that those people who disagree with you must be doing so for the reason that they don't, because of their language insufficiencies, have access to primary sources in the way that you do. May I ask: how good is your Arabic? Is your spoken Arabic good enough for you to discuss serious matters with Arabic speakers you know or may come into contact with? Can you read Arabic with sufficient fluency to be fully able to understand Arabic-language media, and to do follow-up research in Arabic?
I don't speak Arabic. I do know, however, what Idbah al-yahud means and what an hysterical Arab mob looks like. And you can be sure that I have had more human contact with Arabs in a month than the haters here will have had in a lifetime. I speak Hebrew to them and they speak Hebrew to me as well as expressing themselves freely in the Hebrew media and in the Knesset.. They know the language very well. And what their living experience is I have observed directly.