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Norman Finkelstein on why HRW finally turned their back to “the lunatic state” of Israel

The title of the Human Rights Watch report is “A Threshold Crossed”. The paradox there is the threshold was not crossed by Israel – like you say, this is all old news – the threshold was crossed by Human Rights Watch. They crossed the threshold. They now were looking square in the face without any extenuations, any qualifications, any caveats; they said Israel is based on Jewish domination… I mean I can barely say that.

I have a small public career denouncing Human Rights Watch – many of the chapters in many of my books are devoted to denouncing its whitewashing of Israel… Who would have thought the day would come to pass that Human Rights Watch would make us look like milquetoast? Taking positions that frankly I’ve not taken publicly – I was of a school of let’s just resolve this: let’s end the occupation and let’s move on; but now the terms are changing. [from 44:00 mins]

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On Monday 10th, BBC Newsnight’s Emily Maitlis interviewed Palestinian Ambassador to UK, Husom Zomlot, who eloquently called out the western media’s consistent downplaying of Israel’s settler colonial oppression as just its inevitable response to a cycle of violence sparked by Palestinians:

And here is Palestinian writer Mohammed El-Kurd from Sheikh Jarrah responding to CNN anchor in a clip that went viral:

As the liberal media does its level best to misrepresent the ongoing Israeli attacks on Palestinians as “clashes”, feigning equivalence between Palestinian stones and ‘rockets’ to the routine brutality of Israel’s military occupation and its “mowing the grass” with renewed airstrikes and bombing of Gaza, on Tuesday night [May 11th] political commentator Katie Halper invited Jewish American scholar Norman Finkelstein to speak about the protests in East Jerusalem and more widely across the Occupied Palestinian Territories, lending his own perspective on both the current and historical context for the violence. The full interview is embedded below alongside my own transcripts with relevant links provided – all the quotes (including the one above) are Norman Finkelstein:

I’ll tell you something that is a kind of a paradox; an irony. I’m not passing judgment now; I’m just going to lay out a picture. From 1967, Israel’s occupation, and especially beginning in the early 1970s, Israel’s existence as a Jewish state ceased to be called into question. The international consensus was: Israel, for better or for worse, it exists; it’s a state; if it wants its Jewish majority, it can have its Jewish majority, and it can carry on however it wants internally. And then the issue was just [what to do about] the occupied Palestinian territories.

Had the Israelis not been so arrogant; had they not been so supremacist, so contemptuous of the Palestinians; had they just calculated their own best interest; they would have settled for the two states and said let’s move on. But their arrogance, their Jewish supremacy, that impulse for Jewish domination – the cheapness to which they reduced Palestinian life – that had a paradoxical consequence. And what was the consequence? The consequence was that now their whole legitimacy is being challenged.

When it first came up in 1975 with the “Zionism is racism” resolution at the UN. When it first came up the western states, and in particular the United States, had expressed its outrage, its indignation: how dare you say Israel’s a racist state? How dare you say Israel is an apartheid state? You probably remember the American official – I won’t call him ‘a statesman’ – Daniel Patrick Moynihan [who] made his whole reputation by sitting in the United Nations… holding up his hand, giving his no vote to that resolution. And that launched his career…

Here’s the irony: what Moynihan is objecting to now that ‘Zionism is racism’ resolution at the UN. Guess what? You now open up B’Tselem’s report, you open up Human Rights Watch report, and what did they say? The Israeli state is based on Jewish Supremacy and Jewish domination. Now isn’t that an irony? That’s what the reports are now saying. Exactly what launched Daniel Moynihan’s career was denouncing that claim, as did the whole of the western states and the American media in particular. That position, ‘Zionism is racism’ – Israel as a Jewish Supremacist state based on Jewish domination – that notion has now been legitimised.

From an historical point of view it’s a real irony, because to use simple language ‘they could have gotten away with it’. The international community was willing to accept Israel as it was, even though they knew the land had been and was still being relentlessly confiscated. They knew there were Palestinian refugees who were denied the right to return to their homeland. Everybody knew that. But, the international community turned its head away, and said let’s just forget about that, let’s just resolve the conflict: two states: Palestinian state, Israeli state; and let’s move on. [But] they didn’t want to move on. They wanted to have everything. And now everything is being called into question. Everything! [from 37:00 mins]

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The text below is also a partial transcript of Norman Finkelstein’s conversation with Katie Halper.

Let me just map out broadly what I see happening. First is the headline news, which is the explosion in East Jerusalem. Which was a long time coming. There have been intimations for the last few weeks or more that Israel’s expulsions of families in East Jerusalem were at some point going to climax in a clash. And that happened this past week. You can never predict when they’re going to happen, but obviously a breaking point had been reached.

That’s the political aspect – the facts on the ground – and that’s what’s right now garnering all the headlines. But there’s another aspect to this conflict which has been getting some but not equal media attention. And that is the quite dramatic and one might say a turning point in the Israel-Palestine conflict at the legal, at the moral, and at the public opinion level. A collapse of all three: legal, moral, public opinion level. And for some of your listeners it’s particularly revealing of what’s happening in the American-Jewish community.

Now, let me try to just back-up and put things in context. First the major development. The major development is the past week Human Rights Watch, which as you know is the leading human rights organisation in the world. It’s the most prominent, the most influential, the most well-endowed. And I would also say – because it’s pertinent to what I’ll be saying in this evening’s conversation – it’s also the most centrist. The most mainstream of the human rights organisations.

And this past week Human Rights Watch put out a very substantial report. It ran to 214 pages, and it had a voluminous scholarly apparatus, which is the fancy way of saying that it was exhaustively and comprehensively researched. It’s an impressive piece of work. And it had many dramatic things to say. The title of the report is “A Threshold Crossed”, and before I get to that threshold crossed, I want to just back-up a moment and set it in context.

The context is that since roughly 2009, Palestinians and their supporters have been trying to bring a case against Israel before the International Criminal Court [ICC], and these were very protracted proceedings and they frankly seemed as if they were getting nowhere. There were two cases brought before the court. One was after many, many years finally dismissed by the Chief Prosecutor, Fatou Bensouda – that was the subject of [Finkelstein’s] book I accuse – it was an attack on the Chief Prosecutor of the ICC, Fatou Bensouda; and then there was a second case brought before the court. The second case was also dragging and dragging and dragging, and it looked as if was going to die out. However, this past year for reasons which I won’t go into now, the court finally decided it’s proceeding with an investigation into Israeli war crimes against Palestinians in the West Bank and East Jerusalem as well as Gaza.

Now one hurdle had been cleared to pursue this investigation, but there were still many other hurdles to be cleared. I myself having followed the case very closely and studied it, I was very sceptical the Palestinians would be able to clear the next hurdles. There are a lot of legal technicalities that would have enabled the court to kill the case. And I didn’t think [the Palestinians] would be able to prevail.

But then, lo and behold, about three months ago, the Israeli human rights organisation B’Tselem, which is the main Israeli human rights organisation monitoring Israeli crimes in the occupied Palestinian territories, they came out with what one might call an astonishing position paper. And I’m just going to read you the title. I’m not going to belabour you with the text; just the title: “A Regime of Jewish Supremacy from the Jordan River to the Mediterranean Sea: This is Apartheid.”

Now there are three notable things about that title:

Number one. They use a very incendiary phrase. The phrase is “Jewish Supremacy”. Obviously for an American ear that sounds an awful lot like ‘White Supremacy’. Jewish Supremacy: there’s not even a flea’s hop separating the two. So to a public which has been – mostly because of the Black Lives Matter movement – very much sensitised to issues of White Supremacy and White domination – it was, as I said, an incendiary phrase.

Secondly, usually in discussions of the Israel-Palestine conflict there’s Israel here and the Occupied Palestinian Territories there. Israel’s legitimacy is more or less accepted. The point of contention is the state and future of the occupied Palestinian territories. B’Tselem did something new. It said we’re no longer talking about Israel here, Occupied Palestinian Territories there; there’s just one state now. We have to be honest about it. There’s just one state between the Mediterranean and the Jordan River, and that one state is Israel. And that one state is a Jewish Supremacist state. As the report goes on to say: this state’s foundation is Jewish Supremacy.

And then it takes the next step and says “this is an apartheid state”. Well, that crossed several red lines. Number one: it no longer acknowledged the legitimacy of the State of Israel. The point of contention was no longer just the occupied Palestinian territories; it’s the whole thing. And number two: they compared it to apartheid, and for Israel’s supporters that’s been a bogie: you can’t compare it to apartheid.

So frankly speaking – candidly – I was shocked. I was very surprised at what they did. They have a new leadership; the fellow who heads the executive is named Hagai El-Ad – he’s a very unusual figure. I don’t know him personally. I have never had personal contact – not from a want of trying from me, but we’ve never had contact. He’s a Harvard PhD in Physics and he apparently set aside his professional attainments and he now heads up B’Tselem. And he’s a remarkably principled and forthright person. There is one quite amusing exchange between him and [former] Israeli Ambassador to the UN Danny Danon at the United Nations. It’s a real sight to behold. And frankly I personally thought – and still think – he has gone so far out on a limb that there’s probably a good chance he will be assassinated. [from 2:45 mins]

Here is Hagai El-Ad, the director of Israeli non-profit organisation B’Tselem slamming the Israeli occupation’s crimes and violations during a UN Security Council session held in October 2018:

The response of Israeli Permanent Representative to the United Nations, Danny Danon, was to say “Shame on you, collaborator:

[B’Tselem] is the main Israeli human rights organisation monitoring Israeli crimes and abuses – I don’t like the word abuses I prefer the word crimes – Israeli crimes in the occupied Palestinian territories. It’s very reputable. It’s won many awards, and I think it’s fair to say no-one has seriously disputed the quality or the accuracy of its research. So it’s a formidable organisation in terms of its persuasive power. It has a good track-record for its accuracy.

Now the Human Rights Watch report is as astonishing as the B’Tselem report but in a different way. First of all, the Human Rights Watch report says, not that Israel has established a regime of ‘Jewish Supremacy’ across the board from the Jordan River to the Mediterranean; they say something slightly different, but equally incendiary. They say Israel has established across the board from the Mediterranean to the Jordan (Israel and the occupied Palestinian territories); they have established a regime – I’ll use their words now – ‘a regime of Jewish domination over and against the Palestinian people’.

And they say, that in the occupied territories, Israel has established – or Israel engages in – the crime of apartheid and the crime of persecution, and that these two crimes constitute under international law crimes against humanity, which according to Human Rights Watch, quoting some statutes, they say these are among the most odious – ODIOUS – crimes in international law.

And they say, that the ICC should not limit itself to investigating Israeli war crimes, but should go to the next step and investigate Israeli crimes against humanity. So it’s already taken what you might call ‘out on a limb’ positions – I’ll get back to that in a moment – the other thing that it does which was a total surprise to me (and I’m not saying these things for their theatrical or emotive effect – I’m being quite sincere and candid with you – I’ve studied this conflict since 1982 when Israel invaded Lebanon which eventually became the subject of my doctoral dissertation and so I’m pretty inured to events in the Israel-Palestine conflict – I kind of think I’ve seen it all) but some things are happening which are very surprising. It’s the 1960s song that I grew up with: ‘There’s Something Happening Here’. There is: something is happening – there’s no doubt about it.

Because the Human Rights Watch report doesn’t just stick to the present: what is the situation now; what has been the situation in the past ten or twenty years. The B’Tselem report is basically a description of the present. The Human Rights Watch report – I’m not exaggerating, believe me I don’t exaggerate; I’m very careful about staying true to the facts – it goes all the way back to Israel’s establishment in 1948 – it even goes back to 1947. And it says, from the beginning, Israel, in order to create this Jewish state – the Zionist movement and then the State of Israel – they tried to do two things.

Number one – I’m using their words now – they tried to engineer a Jewish majority in Israel. Because for the founders of the State of Israel, a Jewish state could not be a Jewish state unless there was a Jewish majority, and so they wanted to engineer that Jewish majority. Well there was only one way to engineer a Jewish majority; you had to expel the indigenous population. There’s no other way to do it. And so Human Rights Watch… delegitimises the notion of a Jewish majority, because it says in order to create that Jewish majority, it could only be created at the expense of the Palestinians. And so it says this creation of a Jewish majority state was intrinsically at the expense of – or discriminating against – the Palestinian population.

The second pillar of the Jewish State objective was the confiscation of the land, because the land was owned by Palestinians; they didn’t live there. When Israel was created only 6% of the land in Palestine was owned by Jews. So they describe in searing detail – even though I know that’s a kind of catchphrase – this juggernaut, this maw, which is gobbling up the Palestinian land; dispossessing the Palestinians of their land. And to the point of creating the Jewish majority, 90% of the indigenous population was expelled; about 750,000 Palestinians. Now, with their descendants, Human Rights Watch gives a figure of 5.7 million Palestinian refugees.

And then on the other end, they say that Israel controls 93% of the land – its state owned land – and that 93% is earmarked only for Jews. Palestinians constitute 19% of the population of the State of Israel (about 1.6 million people) and they are confined to about 3% of the land.

To cut to the chase and to make a long story a little bit shorter, the effect is… and I’m not quite sure if Human Rights Watch is really aware of what they are doing – honestly I’m not sure – but the long and the short of the report is that it completely delegitimises the idea of a Jewish state. [from 13:55 mins]

What’s happening now in East Jerusalem, when you read the Human Rights Watch report, you see it as part of this juggernaut that began in 1947; this relentless, heartless, confiscation of Palestinian land. They just don’t stop – you know the expression: the hunger increases with the eating. The more they consume that land, the more they want more and more and more.

And so after reading the report, you see what’s happening in East Jerusalem in Sheikh Jarrah, you just see it as one more step in this long trajectory, this relentless, heartless juggernaut – this maw – of stealing the land from those hopeless, helpless and hapless people. That’s one point.

The second point I would make is where I left off a few moments ago. Human Rights Watch is a mainstream organisation. It’s not a radical organisation… They watch NPR, they listen to the NPR, they read The New York Times, in their leisure they read The New Yorker, they probably subscribe to the New York Review of Books, probably a few subscribe to the London Review of Books – they’re very mainstream, very conventional. They’re also very Jewish. Kenneth Roth, the Executive Director – this is the mainstream of the progressive and centrist Jewish community. And they’re very dependent on Jewish donors. They received a humungous donation from George Soros – a spectacular number [precisely: $100 million].

And so they must be very sensitive to how far they can go on the Israel-Palestine conflict before they lose their donors and they lose their constituency, which tells me that having done the calculations they reached the conclusion that their donors and their constituency were ready, were prepared, could digest a human rights report issued by HRW which not only condemns Israeli policy in the Occupied Palestinian Territories and describes this policy as the crime of “apartheid”, the crime of “persecution”, and those two crimes – apartheid and persecution – are crimes against humanity under international law, which as they say constitute among the most “odious crimes in international law” – they went not only that far, but they described the whole regime from the Jordan to the Mediterranean as one based on “Jewish domination”, which as I’m sure you recognise is only a flea’s hop from saying ‘Jewish Supremacy’ – these are pretty much synonymous – and what’s most revelatory they said all this on the assumption (in my opinion) that they wouldn’t lose their Jewish constituency. […]

The bottom line is, henceforth the paradigm is no longer Israel here and Occupied Palestinian Territories there: Israel, for better or for worse, we accept it as it is; Occupied Palestinian Territories we don’t accept, the occupation has to end and a Palestinian state has to be created. That was the paradigm up until now. Now, the whole legitimacy of the State of Israel as a Jewish state has been called into question. [from 24:10 mins]

As you probably know there’s been a huge amount of contention on college campuses over this annual event called “Israel Apartheid Week” which unfolds annually on many college campuses. And up until now, the Israeli organisations and their supporters have said that it’s antisemitic – it hurts the Jews and makes Jews feel scared, and all this politically correct nonsense [is used] in order to try and suppress the Israel Apartheid Week. Well, guess what happened? In the past three months, the most important human rights organisation in Israel and the most important human rights organisation in the world, they said: but it is apartheid. And they just legitimised Israel Apartheid Week. How can the Israelis answer that now and their supporters? You want to suppress a term, ‘apartheid’, that’s been appropriated now by Human Rights Watch and B’Tselem?

So I think this is a major setback for Israel’s apologists. I think they’re probably now in a panic mode. And I think that events like what happening now in East Jerusalem will no longer be seen in isolation. When you read the Human Rights Watch report you see it now as a momentary flashpoint in a long trajectory. […]

The [main] flashpoint is in East Jerusalem, however, Palestinians in Haifa, Palestinians in Nazareth, they’re all joining in; Palestinians in the West Bank are joining in; Palestinians in Gaza via the so-called ‘rockets’, they’re joining in. And so you kind of see a manifestation of what the report described. Because both reports talked about from the Jordan to the Mediterranean, meaning it’s about all Palestinians and all Israelis…. and so for the moment it seems it is becoming a struggle no longer confined to the occupied Palestinian territories, or confined to Gaza, as was the Great March of Return beginning in March 2018, or confined to the West Bank; it’s now spreading among all Palestinians. I think that’s a significant development.

It’s possible that all the terms for understanding the conflict and resolving the conflict – those terms are now being called into question and they may be recast in a new form, which I think is going to be a real problem for the State of Israel. [from 32:15 mins]

I don’t want to be polyannish about this but I don’t think {Israel and its apologists] are going to be as successful anymore. We saw a video of them dancing and singing as the fire blazes on Al-Aqsa… they were all wearing Jewish yarmulkes… It was actually quite hideous.

Video shows Israelis dancing and celebrating the burning of the Al-Aqsa Mosque – the third most holy Islamic site in the world [the same footage can be viewed in the Katie Halper show at 1:07:15]:

If you were to imagine in a neighbourhood like where I live in Ocean Parkway [Brooklyn, NY] where there’s about two synagogues in every block, of Muslims gathered around the synagogue while the synagogue is on fire, and they’re cheering. [from 1:02:25]

If you go back and listen to the interviews (not that you’re obliged to of course) I’ve done in the last few years, I’ve said: “it’s a lunatic state”. And you see now the lunacy is being played out, maybe not in The New York Times and maybe not in the New Yorker and maybe not in the New York Review of Books or The Atlantic magazine, but enough people will see it. It’s a cliché but it’s true: the democratising effect of the web. They’re not going to be able to hide this…

I don’t want to be too polyannish but in my opinion Israel’s in for a rough ride now. Too much is known. Too many people are alienated. Too many people disgusted. There is a sea-change occurring. [from 1:07:55]

We should acknowledge when there have been victories and what has now been said [in these reports] constitutes a major victory. And from my point of view, what’s equally important: it’s going to give Israel a very hard time now. [from 1:13:10]

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Last night’s Novara Media also devoted its main segment to Palestinian protests in the occupied territories and the latest bombardment of Gaza by Israel. Host Michael Walker welcomed Riya Al’Sanah who is a Palestinian activist and writer based in Haifa:

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Additional: Palestinian solidarity protests across Britain

On Saturday 15th, there are events planned to take place across the country calling for an end to Israel’s ethnic cleansing of the Palestinian people, and for the right of return for all exiled Palestinians.

Protests are being organised around the country by Palestine Solidarity Campaign, Stop the War Coalition, Friends of al-Aqsa, Palestinian Forum in Britain and Muslim Association of Britain.

SATURDAY 15th MAY 2021 #SaveSheikhJarrah #FreePalestine #FreeGaza Protests:

Aberdeen, Marischal Square, 2pm – https://www.facebook.com/events/579816402984185/

Brighton, The Clocktower, 12pm

Bristol, Castle Park, 2pm – https://www.facebook.com/events/210502050657881/

Canterbury, HSBC Bank, Whitefriars, 9 Rose Lane, Canterbury CT1 2JP, 1pm – https://www.facebook.com/events/307828627519700

Cambridge, Market Square, 11.15am – https://www.facebook.com/groups/cambridgepalestineforum

Cardiff, Aneurin Bevan Statue, 12pm – https://www.facebook.com/events/4560945557267377

Edinburgh, Regent Road Park, 12pm – https://www.facebook.com/events/372506180780931

Exeter, Bedford Square, 12pm – https://www.facebook.com/events/306515077708621

Hastings, Near Debenhams, 12pm – https://www.facebook.com/events/1183922488708042/

Hitchin, Windmill Hill, 11am – https://www.facebook.com/events/284046986748935/

Inverness, Town House, 12-1pm – https://www.facebook.com/HighlandPalestine

Jersey, Royal Square, 11am – https://www.facebook.com/events/580129649570440/

Leeds, Leeds Trinity Briggate (Area outside Zara/Debenhams), 2pm – https://www.facebook.com/LeedsPSC.org.uk

London, March to the Israeli Embassy, Assemble Marble Arch, 1pm – https://www.facebook.com/events/464271897978862

Machynlleth, The Clock Tower, 11am-12pm – https://www.facebook.com/events/208833754148964

Manchester, Platt’s Field Park, Rusholme, 12pm-4pm – https://www.facebook.com/events/373982893940589/

Newcastle, Grey’s Monument, 11.30am – https://www.facebook.com/events/463362151414611

Nottingham, Old Market Square, 12pm – https://www.facebook.com/events/833822114155903/

Plymouth, New George Street, 11am-1pm  – https://www.facebook.com/events/323519439242407/

Sheffield, Sheffield Town Hall, 12pm – https://www.facebook.com/sheffieldpalestine

Southampton, Bargate, 11am-12.30pm – https://www.facebook.com/events/237979378115605/

Wolverhampton, Queen Square, 11am – https://www.facebook.com/groups/167943526632859


Sun 16 May:

Glasgow, George Square + March to BBC, 1pm – https://www.facebook.com/events/2625768251049758/

Click here to find this same event list on the Stop the War Coalition website.

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Filed under analysis & opinion, campaigns & events, Israel, Palestine

B’Tselem and Human Rights Watch confirm that Israel is an apartheid state

The forthright branding of Israel as an apartheid state by Human Rights Watch could be a watershed moment in mainstream acceptance of what Israel has become. 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.

This is the verdict of Craig Murray in light of the release of the recent HRW report that confirms Israel is an apartheid state.

It is interesting to consider how we have reached this moment, so before coming back to the details contained in the new report, let us quickly retrace some events that have happened since the turn of the year.

Firstly, on January 12th, B’Tselem, ‘The Israeli Information Center of Human Rights in the Occupied Territories’, released their own report that emphatically accused the state of Israel under the government of Netanyahu of being “a regime of Jewish supremacy”. Headlined “This is apartheid”, it begins:

More than 14 million people, roughly half of them Jews and the other half Palestinians, live between the Jordan River and the Mediterranean Sea under a single rule. The common perception in public, political, legal and media discourse is that two separate regimes operate side by side in this area, separated by the Green Line. One regime, inside the borders of the sovereign State of Israel, is a permanent democracy with a population of about nine million, all Israeli citizens. The other regime, in the territories Israel took over in 1967, whose final status is supposed to be determined in future negotiations, is a temporary military occupation imposed on some five million Palestinian subjects.

Over time, the distinction between the two regimes has grown divorced from reality. This state of affairs has existed for more than 50 years – twice as long as the State of Israel existed without it. Hundreds of thousands of Jewish settlers now reside in permanent settlements east of the Green Line, living as though they were west of it. East Jerusalem has been officially annexed to Israel’s sovereign territory, and the West Bank has been annexed in practice. Most importantly, the distinction obfuscates the fact that the entire area between the Mediterranean Sea and the Jordan River is organized under a single principle: advancing and cementing the supremacy of one group – Jews – over another – Palestinians. All this leads to the conclusion that these are not two parallel regimes that simply happen to uphold the same principle. There is one regime governing the entire area and the people living in it, based on a single organizing principle.

Click here to read the report entitled “A regime of Jewish supremacy from the Jordan River to the Mediterranean Sea: This is apartheid.”

Then, on February 5th, the International Criminal Court made a landmark ruling that it has jurisdiction to investigate Israel for war crimes in the Occupied Palestinian Territories.

Shortly afterward [Feb 14th], The Grayzone’s Aaron Maté invited Jewish American historian Norman Finkelstein to discuss the ICC decision and its probable outcomes:

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The ICC investigation commenced on March 3rd, when the chief prosecutor, Fatou Bensouda, issued her own statement:

Today, I confirm the initiation by the Office of the Prosecutor (”Office”) of the International Criminal Court (“ICC” or the “Court”) of an investigation respecting the Situation in Palestine. The investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014, the date to which reference is made in the Referral of the Situation to my Office.

Continuing:

Any investigation undertaken by the Office will be conducted independently, impartially and objectively, without fear or favour.

Click here to read the full statement by ICC Prosecutor, Fatou Bensouda.

The Guardian reported:

The move, which Palestinians and human rights groups said was long overdue, was immediately condemned by the Israeli foreign minister, Gabi Ashkenazi, as “morally and legally bankrupt”.

The Israeli prime minister, Benjamin Netanyahu, added: “The decision of the international court to open an investigation against Israel today for war crimes is absurd. It’s undiluted antisemitism and the height of hypocrisy.”

In a videotaped statement, Netanyahu added: “The state of Israel is under attack this evening.[”]

Click here to read the full Guardian article entitled “ICC opens investigation into war crimes in Palestinian territories.”

The BBC headline was more nuanced with scare quotes and a skilful avoidance of any mention of Israel: it reads, “ICC opens ‘war crimes’ investigation in West Bank and Gaza”. Their report does however include the following statement:

Campaign group Human Rights Watch said “all eyes” would be on incoming prosecutor Karim Khan to “pick up the baton”, and that “ICC member countries should stand ready to fiercely protect the court’s work from any political pressure”.

Then last Tuesday [April 27th], Human Rights Watch finally issued its own 213-page report, “A Threshold Crossed: Israeli Authorities and the Crimes of Apartheid and Persecution”.

The HRW Press Release begins:

Israeli authorities are committing the crimes against humanity of apartheid and persecution, Human Rights Watch said in a report released today. The finding is based on an overarching Israeli government policy to maintain the domination by Jewish Israelis over Palestinians and grave abuses committed against Palestinians living in the occupied territory, including East Jerusalem.

Continuing:

“Prominent voices have warned for years that apartheid lurks just around the corner if the trajectory of Israel’s rule over Palestinians does not change,” said Kenneth Roth, executive director of Human Rights Watch. “This detailed study shows that Israeli authorities have already turned that corner and today are committing the crimes against humanity of apartheid and persecution.”

The finding of apartheid and persecution does not change the legal status of the occupied territory, made up of the West Bank, including East Jerusalem, and Gaza, or the factual reality of occupation.

Originally coined in relation to South Africa, apartheid today is a universal legal term. The prohibition against particularly severe institutional discrimination and oppression or apartheid constitutes a core principle of international law. The 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid and the 1998 Rome Statute to the International Criminal Court (ICC) define apartheid as a crime against humanity consisting of three primary elements:

  1. An intent to maintain domination by one racial group over another.
  2. A context of systematic oppression by the dominant group over the marginalized group.
  3. Inhumane acts.

The reference to a racial group is understood today to address not only treatment on the basis of genetic traits but also treatment on the basis of descent and national or ethnic origin, as defined in the International Convention on the Elimination of all Forms of Racial Discrimination. Human Rights Watch applies this broader understanding of race.

The crime against humanity of persecution, as defined under the Rome Statute and customary international law, consists of severe deprivation of fundamental rights of a racial, ethnic, or other group with discriminatory intent.

Human Rights Watch found that the elements of the crimes come together in the occupied territory, as part of a single Israeli government policy. That policy is to maintain the domination by Jewish Israelis over Palestinians across Israel and the occupied territory. It is coupled in the occupied territory with systematic oppression and inhumane acts against Palestinians living there.

Drawing on years of human rights documentation, case studies, and a review of government planning documents, statements by officials, and other sources, Human Rights Watch compared policies and practices toward Palestinians in the occupied territory and Israel with those concerning Jewish Israelis living in the same areas. Human Rights Watch wrote to the Israeli government in July 2020, soliciting its perspectives on these issues, but has received no response.

Across Israel and the occupied territory, Israeli authorities have sought to maximize the land available for Jewish communities and to concentrate most Palestinians in dense population centers. The authorities have adopted policies to mitigate what they have openly described as a “demographic threat” from Palestinians. In Jerusalem, for example, the government’s plan for the municipality, including both the west and occupied east parts of the city, sets the goal of “maintaining a solid Jewish majority in the city” and even specifies the demographic ratios it hopes to maintain.

To maintain domination, Israeli authorities systematically discriminate against Palestinians. The institutional discrimination that Palestinian citizens of Israel face includes laws that allow hundreds of small Jewish towns to effectively exclude Palestinians and budgets that allocate only a fraction of resources to Palestinian schools as compared to those that serve Jewish Israeli children. In the occupied territory, the severity of the repression, including the imposition of draconian military rule on Palestinians while affording Jewish Israelis living in a segregated manner in the same territory their full rights under Israel’s rights-respecting civil law, amounts to the systematic oppression required for apartheid. […]

Israeli authorities should dismantle all forms of repression and discrimination that privilege Jewish Israelis at the expense of Palestinians, including with regards to freedom of movement, allocation of land and resources, access to water, electricity, and other services, and the granting of building permits.

The ICC Office of the Prosecutor should investigate and prosecute those credibly implicated in the crimes against humanity of apartheid and persecution. Countries should do so as well in accordance with their national laws under the principle of universal jurisdiction, and impose individual sanctions, including travel bans and asset freezes, on officials responsible for committing these crimes.

The findings of crimes against humanity should prompt the international community to reevaluate the nature of its engagement in Israel and Palestine and adopt an approach centered on human rights and accountability rather than solely on the stalled “peace process.”[…]

“While much of the world treats Israel’s half-century occupation as a temporary situation that a decades-long ‘peace process’ will soon cure, the oppression of Palestinians there has reached a threshold and a permanence that meets the definitions of the crimes of apartheid and persecution,” Roth said. “Those who strive for Israeli-Palestinian peace, whether a one or two-state solution or a confederation, should in the meantime recognize this reality for what it is and bring to bear the sorts of human rights tools needed to end it.”

Click here to read the HRW press release in full.

In his own assessment of the HRW report, Craig Murray writes that:

The strength of the report lies in its systematic comparison of the structural system of Israeli rule with the formal definition of the crime of Apartheid in the Statute of Rome [which established the ICC] and the Apartheid Convention, both widely ratified and important documents of international law. This perforce leads to less concentration than is possible on the outrageous acts of individual cruelty, but shows them to be systemic and part of a much wider design.

The Statute of Rome defines the international crime of apartheid as:

inhumane acts… committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.

The Apartheid Convention defines apartheid as:

inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them.

I do not believe anybody can sincerely deny that the situation in Palestine meets these criteria, even if attempts are made to justify how we got here. If you have not done so, you may like to read my previous personal article on why Israel is an apartheid state, which draws on my experience as FCO Desk Officer for South Africa when it was the original apartheid state.

Click here to read Craig Murray’s full article which includes a less than glowing personal account of his interview with Kenneth Roth after he left the Foreign and Commonwealth Office (FCO) in 2005 and was shortlisted for the position as HRW Global Advocacy Director and flown to its “very plush” New York HQ located inside the Empire State Building.

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