#BentBritain: #UK admits unlawfully monitoring legally privileged communications!

UK admits unlawfully monitoring legally privileged communications ~ and , The Guardian, Wednesday 18 February 2015.

Intelligence agencies have been monitoring conversations between lawyers and their clients for past five years, government admits

Abdul Hakim Belhaj and Sami al Saadi
The admission comes ahead of a legal challenge brought on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, over allegations that security services unlawfully intercepted their communications with lawyers.  Photograph: PA & AFP

The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.

The admission that the activities of the security services have failed to comply fully with human rights laws in a second major area – this time highly sensitive legally privileged communications – is a severe embarrassment for the government.

It follows hard on the heels of the British court ruling on 6 February declaring that the regime surrounding the sharing of mass personal intelligence data between America’s national security agency and Britain’s GCHQ was unlawful for seven years.

The admission that the regime surrounding state snooping on legally privileged communications has also failed to comply with the European convention on human rights comes in advance of a legal challenge, to be heard early next month, in which the security services are alleged to have unlawfully intercepted conversations between lawyers and their clients to provide the government with an advantage in court.

The case is due to be heard before the Investigatory Powers Tribunal (IPT). It is being brought by lawyers on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, who, along with their families, were abducted in a joint MI6-CIA operation and sent back to Tripoli to be tortured by Muammar Gaddafi’s regime in 2004.

A government spokesman said: “The concession the government has made today relates to the agencies’ policies and procedures governing the handling of legally privileged communications and whether they are compatible with the European convention on human rights.

“In view of recent IPT judgments, we acknowledge that the policies adopted since [January] 2010 have not fully met the requirements of the ECHR, specifically article 8 (right to privacy). This includes a requirement that safeguards are made sufficiently public.

“It does not mean that there was any deliberate wrongdoing on their part of the security and intelligence agencies, which have always taken their obligations to protect legally privileged material extremely seriously. Nor does it mean that any of the agencies’ activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings.”

He said that the intelligence agencies would now work with the interception of communications commissioner to ensure their policies satisfy all of the UK’s human rights obligations.

Cori Crider, a director at Reprieve and one of the Belhaj family’s lawyers said: “By allowing the intelligence agencies free reign to spy on communications between lawyers and their clients, the government has endangered the fundamental British right to a fair trial.

“Reprieve has been warning for months that the security services’ policies on lawyer-client snooping have been shot through with loopholes big enough to drive a bus through.

“For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years.

“Worryingly, it looks very much like they have collected the private lawyer-client communications of two victims of rendition and torture, and possibly misused them. While the government says there was no ‘deliberate’ collection of material, it’s abundantly clear that private material was collected and may well have been passed on to lawyers or ministers involved in the civil case brought by Abdel hakim Belhaj and Fatima Boudchar, who were ‘rendered’ to Libya in 2004 by British intelligence.

“Only time will tell how badly their case was tainted. But right now, the government needs urgently to investigate how things went wrong and come clean about what it is doing to repair the damage.”

Government sources, in line with all such cases, refuse to confirm or deny whether the two Libyans were the subject of an interception operation. They insist the concession does not concern the allegation that actual interception took place and say it will be for the investigatory powers tribunal hearing to determine the issue.

An updated draft interception code of practice spelling out the the rules for the first time was quietly published at the same time as the Investigatory Powers Tribunal ruling against GCHQ earlier this month in the case brought by Privacy International and Liberty.

The government spokesman said the draft code set out enhanced safeguards and provided more detail than previously on the protections that had to be applied in the security agencies handling of legally privileged communications.

The draft code makes clear that warrants for snooping on legally privileged conversations, emails and other communications between suspects and their lawyers can be granted if there are exceptional and compelling circumstances. They have to however ensure that they are not available to lawyers or policy officials who are conducting legal cases against those suspects.

Exchanges between lawyers and their clients enjoy a special protected status under UK law. Following exposure of widespread monitoring by the US whistleblower Edward Snowden in 2013, Belhaj’s lawyers feared that their exchanges with their clients could have been compromised by GCHQ’s interception of phone conversations and emails.

To demonstrate that its policies satisfy legal safeguards, MI6 were required in advance of Wednesday’s concession to disclose internal guidance on how intelligence staff should deal with material protected by legal professional privilege.

The MI6 papers noted: “Undertaking interception in such circumstances would be extremely rare and would require strong justification and robust safeguards. It is essential that such intercepted material is not acquired or used for the purpose of conferring an unfair or improper advantage on SIS or HMG [Her Majesty’s government] in any such litigation, legal proceedings or criminal investigation.”

The internal documents also refer to a visit by the interception commissioner, Sir Anthony May, last summer to examine interception warrants, where it was discovered that regulations were not being observed. “In relation to one of the warrants,” the document explained, “the commissioner identified a number of concerns with regard to the handling of [legal professional privilege] material”.

Amnesty UK’s legal programme director, Rachel Logan, said: “We are talking about nothing less than the violation of a fundamental principle of the rule of law – that communications between a lawyer and their client must be confidential.

“The government has been caught red-handed. The security agencies have been illegally intercepting privileged material and are continuing to do so – this could mean they’ve been spying on the very people challenging them in court.

“This is the second time in as many weeks that government spies have been rumbled breaking the law.”


#Obama’s ‘Crusaders’ analogy veils the #West’s modern crimes!

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes ~ Ben White, The Nation, February 14, 2015.

Like many children, 13-year-old Mohammed Tuaiman suffered from nightmares. In his dreams, he would see flying “death machines” that turned family and friends into burning charcoal. No one could stop them, and they struck any place, at any time.

Unlike most children, Mohammed’s nightmares killed him.

Three weeks ago, a CIA drone operating over Yemen fired a missile at a car carrying the teenager, and two others. They were all incinerated. Nor was Mohammed the first in his family to be targeted: drones had already killed his father and brother.

Since president Barack Obama took office in 2009, the US has killed at least 2,464 people through drone strikes outside the country’s declared war zones. The figure is courtesy of The Bureau of Investigative Journalism, which says that at least 314 of the dead, one in seven, were civilians.

Recall that for Obama, as The New York Times reported in May 2012, “all military-age males in a strike zone” are counted “as combatants” – unless “there is explicit intelligence posthumously proving them innocent”.

It sounds like the stuff of nightmares.

The week after Mohammed’s death, on February 5, Mr Obama addressed the National Prayer Breakfast, and discussed the violence of ISIL.

“Lest we get on our high horses”, said the commander-in-chief, “remember that during the Crusades and the Inquisition, people committed terrible deeds in the name of Christ.”

These comments prompted a (brief) media storm, with Mr Obama accused of insulting Christians, pandering to the terrorist enemy, or just bad history.

In fact, the president was simply repeating a point often made by liberals since September 11, namely, that all religions have blots on their copy book through the deeds of their followers.

One of the consequences, however, of this invocation of the Crusades – unintended, and all the more significant for it – is to seal away the West’s “sins”, particularly vis-à-vis its relationship to the Middle East, in events that took place a thousand years ago.

The Crusades were, in one sense, a demonstration of raw military power, and a collective trauma for the peoples of the regions they marched through and invaded.

In the siege of Jerusalem in 1099, a witness described how the Europeans ordered “all the Saracen dead to be cast outside because of the great stench, since the whole city was filled with their corpses”.

He added: “No one ever saw or heard of such slaughter of pagan people, for funeral pyres were formed from them like pyramids.”

Or take the Third Crusade, when, on August 20, 1191, England’s King Richard I oversaw the beheading of 3,000 Muslim prisoners at Acre in full view of Saladin’s army.

Just “ancient history”? In 1920, when the French had besieged and captured Damascus, their commander Henri Gourard reportedly went to the grave of Saladin, kicked it, and uttered: “Awake Saladin, we have returned! My presence here consecrates the victory of the Cross over the Crescent.”

But the US president need not cite the Crusades or even the colonial rule of the early 20th century: more relevant reference points would be Bagram and Fallujah.

Bagram base in Afghanistan is where US soldiers tortured prisoners to death – like 22-year-old taxi driver and farmer Dilawar. Before he was killed in custody, Dilawar was beaten by soldiers just to make him scream “Allah!”

Five months after September 11, The Guardian reported that US missiles had killed anywhere between 1,300 and 8,000 in Afghanistan. Months later, the paper suggested that “as many as 20,000 Afghans may have lost their lives as an indirect consequence of the US intervention”.

When it was Iraq’s turn, the people of Fallujah discovered that US forces gave them funerals, not democracy. On April 28, 2003, US soldiers massacred civilian protesters, shooting to death 17 during a demonstration.

When that city revolted against the occupation, the residents paid a price. As Marines tried to quell resistance in the city, wrote The New York Times on April 14, 2004, they had “orders to shoot any male of military age on the streets after dark, armed or not”.Months later, as the Marines launched their November assault on the city, CNN reported that “the sky…seems to explode”.

In their bombardment and invasion of Iraq in 2003, the US and UK armed forces rained fiery death down on men, women and children. Prisoners were tortured and sexually abused. Hundreds of thousands of Iraqis died. No one was held to account.

It is one thing to apologise for the brutality of western Crusaders a thousand years ago. It is quite another to look at the corpses of the victims of the imperialist present, or hear the screams of the bereaved.

In his excellent book The Muslims Are Coming, Arun Kundnani analysed the “politics of anti-extremism”, and describes the two approaches developed by policymakers and analysts during the “war on terror”.

The first approach, which he refers to as “culturalism”, emphasises “what adherents regard as inherent features of Islamic culture”. The second approach, “reformism”, is when “extremism is viewed as a perversion of Islam’s message”, rather than “a clash of civilisations between the West’s modern values and Islam’s fanaticism”.

Thus the American Right was angry with Mr Obama, because for them, it is about religion – or specifically, Islam. Liberals, meanwhile, want to locate the problem in terms of culture.

Both want to avoid a discussion about imperialism, massacres, coups, brutalities, disappearances, dictatorships – in other words, politics.

As Kundnani writes: when “the concept of ideology” is made central, whether understood as “Islam itself or as Islamist extremism”, then “the role of western states in co-producing the terror war is obscured”.

The problem with Mr Obama’s comments on the Crusades was not, as hysterical conservatives claimed, that he was making offensive and inaccurate analogies with ISIL; rather, that in the comfort of condemning the past, he could mask the violence of his own government in the present.

The echoes of collective trauma remain for a long time, and especially when new wounds are still being inflicted. Think it is farfetched that Muslims would still care about a 1,000-year-old European invasion? Then try asking them about Guantanamo and Camp Bucca instead.

Ben White is a journalist and author of Israeli Apartheid

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes
Pep Montserrat for The National

| How the West Created the Islamic State … With a Little Help From Our Friends!

How the West Created the Islamic State … With a Little Help From Our Friends  ~ Nafeez Ahmed,  bestselling author, investigative journalist and international security scholar.

Part 1 – OUR TERRORISTS

“This is an organisation that has an apocalyptic, end-of-days strategic vision which will eventually have to be defeated,” Gen Martin Dempsey, chairman of the US Joint Chiefs of Staff, told a Pentagon press conference in August.

Military action is necessary to halt the spread of the ISIS/IS “cancer,” said President Obama. Yesterday, in his much anticipated address, he called for expanded airstrikes across Iraq and Syria, and new measures to arm and train Iraqi and Kurdish ground forces.

“The only way to defeat [IS] is to stand firm and to send a very straightforward message,” declared Prime Minister Cameron. “A country like ours will not be cowed by these barbaric killers.”

Missing from the chorus of outrage, however, has been any acknowledgement of the integral role of covert US and British regional military intelligence strategy in empowering and even directly sponsoring the very same virulent Islamist militants in Iraq, Syria and beyond, that went on to break away from al-Qaeda and form ‘ISIS’, the Islamic State of Iraq and Syria, or now simply, the Islamic State (IS).

Since 2003, Anglo-American power has secretly and openly coordinated direct and indirect support for Islamist terrorist groups linked to al-Qaeda across the Middle East and North Africa. This ill-conceived patchwork geostrategy is a legacy of the persistent influence of neoconservative ideology, motivated by longstanding but often contradictory ambitions to dominate regional oil resources, defend an expansionist Israel, and in pursuit of these, re-draw the map of the Middle East.

Now despite Pentagon denials that there will be boots on the ground – and Obama’s insistence that this would not be another “Iraq war” – local Kurdish military and intelligence sources confirm that US and German special operations forces are already “on the ground here. They are helping to support us in the attack.” US airstrikes on ISIS positions and arms supplies to the Kurds have also been accompanied by British RAF reconnaissance flights over the region andUK weapons shipments to Kurdish peshmerga forces.

Divide and rule in Iraq

“It’s not that we don’t want the Salafis to throw bombs,” said one US government defense consultant in 2007. “It’s who they throw them at – Hezbollah, Moqtada al-Sadr, Iran, and at the Syrians, if they continue to work with Hezbollah and Iran.”

Early during the 2003 invasion and occupation of Iraq, the US covertly supplied arms to al-Qaeda affiliated insurgents even while ostensibly supporting an emerging Shi’a-dominated administration.

Pakistani defense sources interviewed by Asia Times in February 2005 confirmed that insurgents described as “former Ba’ath party” loyalists – who were being recruited and trainedby “al-Qaeda in Iraq” under the leadership of the late Abu Musab Zarqawi – were being supplied Pakistan-manufactured weapons by the US. The arms shipments included rifles, rocket-propelled grenade launchers, ammunition, rockets and other light weaponry. These arms “could not be destined for the Iraqi security forces because US arms would be given to them”, a source told Syed Saleem Shahzad – the Times’ Pakistan bureau chief who, “known for his exposes of the Pakistani military” according to the New Yorker, was murdered in 2011. Rather, the US is playing a double-game to “head off” the threat of a “Shi’ite clergy-driven religious movement,” said the Pakistani defense source.

This was not the only way US strategy aided the rise of Zarqawi, a bin Laden mentee and brainchild of the extremist ideology that would later spawn ‘ISIS.’

The JSOC insignia

According to a little-known November report for the US Joint Special Operations University(JSOU) and Strategic Studies Department, Dividing Our Enemies, post-invasion Iraq was “an interesting case study of fanning discontent among enemies, leading to ‘red-against-red’ [enemy-against-enemy] firefights.”

While counterinsurgency on the one hand requires US forces to “ameliorate harsh or deprived living conditions of the indigenous populations” to publicly win local hearts and minds:

“… the reverse side of this coin is one less discussed. It involves no effort to win over those caught in the crossfire of insurgent and counterinsurgent warfare, whether by bullet or broadcast. On the contrary, this underside of the counterinsurgency coin is calculated to exploit or create divisions among adversaries for the purpose of fomenting enemy-on-enemy deadly encounters.”

In other words, US forces will pursue public legitimacy through conventional social welfare while simultaneously delegitimising local enemies by escalating intra-insurgent violence, knowing full-well that doing so will in turn escalate the number of innocent civilians “caught in the crossfire.” The idea is that violence covertly calibrated by US special operations will not only weaken enemies through in-fighting but turn the population against them.

In this case, the ‘enemy’ consisted of jihadists, Ba’athists, and peaceful Sufis, who were in a majority but, like the militants, also opposed the US military presence and therefore needed to be influenced. The JSOU report referred to events in late 2004 in Fallujah where “US psychological warfare (PSYOP) specialists” undertook to “set insurgents battling insurgents.” This involved actually promoting Zarqawi’s ideology, ironically, to defeat it: “The PSYOP warriors crafted programs to exploit Zarqawi’s murderous activities – and to disseminate them through meetings, radio and television broadcasts, handouts, newspaper stories, political cartoons, and posters – thereby diminishing his folk-hero image,” and encouraging the different factions to pick each other off. “By tapping into the Fallujans’ revulsion and antagonism to the Zarqawi jihadis the Joint PSYOP Task Force did its ‘best to foster a rift between Sunni groups.’”

Yet as noted by Dahr Jamail, one of the few unembedded investigative reporters in Iraq after the war, the proliferation of propaganda linking the acceleration of suicide bombings to the persona of Zarqawi was not matched by meaningful evidence. His own search to substantiate the myriad claims attributing the insurgency to Zarqawi beyond anonymous US intelligence sources encountered only an “eerie blankness”.

US soldiers in Fallujah

The US military operation in Fallujah, largely justified on the claim that Zarqawi’s militant forces had occupied the city, used white phosphorous, cluster bombs, and indiscriminate air strikes to pulverise 36,000 of Fallujah’s 50,000 homes, killing nearly a thousand civilians, terrorising 300,000 inhabitants to flee, and culminating in a disproportionate increase in birth defects, cancer and infant mortality due to the devastating environmental consequences of the war.

To this day, Fallujah has suffered from being largely cut-off from wider Iraq, its infrastructure largely unworkable with water and sewage systems still in disrepair, and its citizens subject to sectarian discrimination and persecution by Iraqi government backed Shi’a militia and police. “Thousands of bereaved and homeless Falluja families have a new reason to hate the US and its allies,” observed The Guardian in 2005. Thus, did the US occupation plant the seeds from which Zarqawi’s legacy would coalesce into the Frankenstein monster that calls itself “the Islamic State.”

Bankrolling al-Qaeda in Syria

According to former French foreign minister Roland Dumas, Britain had planned covert action in Syria as early as 2009: “I was in England two years before the violence in Syria on other business,” he told French television: “I met with top British officials, who confessed to me that they were preparing something in Syria. This was in Britain not in America. Britain was preparing gunmen to invade Syria.”

Leaked emails from the private intelligence firm Stratfor, including notes from a meeting with Pentagon officials, confirmed that as of 2011, US and UK special forces training of Syrian opposition forces was well underway. The goal was to elicit the “collapse” of Assad’s regime “from within.”

Since then, the role of the Gulf states – namely Saudi Arabia, Qatar, Kuwait, the United Arab Emirates, and Jordan (as well as NATO member Turkey) – in officially and unofficiallyfinancing and coordinating the most virulent elements amongst Syria’s rebels under the tutelage of US military intelligence is no secret. Yet the conventional wisdom is that the funneling of support to Islamist extremists in the rebel movement affiliated to al-Qaeda has been a colossal and regrettable error.

The reality is very different. The empowerment of the Islamist factions within the ‘Free Syrian Army’ (FSA) was a foregone conclusion of the strategy.

United States Secretary of State Hillary Clinton (R) greets Turkey’s Foreign Minister Ahmet Davutoglu (L), United Arab Emirates’ Foreign Minister Sheikh Abdullah bin Zayed al-Nahyan (2nd L) and British Foreign Minister William Hague, in Tunis

In its drive to depose Col. Qaddafi in Libya, NATO had previously allied itself with rebels affiliated to the al-Qaeda faction, the Islamic Fighting Group. The resulting Libyan regime backed by the US was in turn liaising with FSA leaders in Istanbul to provide money and heavy weapons for the anti-Assad insurgency. The State Department even hired an al-Qaeda affiliated Libyan militia group to provide security for the US embassy in Benghazi – although they had links with the very people that attacked the embassy.

Last year, CNN confirmed that CIA officials operating secretly out of the Benghazi embassy were being forced to take extra polygraph tests to keep under wraps what US Congressman suspect was a covert operation “to move surface-to-air missiles out of Libya, through Turkey, and into the hands of Syrian rebels.”

With their command and control centre based in Istanbul, Turkey, military supplies from Saudi Arabia and Qatar in particular were transported by Turkish intelligence to the border for rebel acquisition. CIA operatives along with Israeli and Jordanian commandos were also training FSA rebels on the Jordanian-Syrian border with anti-tank and anti-aircraft weapons. In addition, otherreports show that British and French military were also involved in these secret training programmes. It appears that the same FSA rebels receiving this elite training went straight into ISIS – last month one ISIS commander, Abu Yusaf, said, “Many of the FSA people who the west has trained are actually joining us.”

The National thus confirmed the existence of another command and control centre in Amman, Jordan, “staffed by western and Arab military officials,” which “channels vehicles, sniper rifles, mortars, heavy machine guns, small arms and ammunition to Free Syrian Army units.” Rebel and opposition sources described the weapons bridge as “a well-run operation staffed by high-ranking military officials from 14 countries, including the US, European nations and Arabian Gulf states, the latter providing the bulk of materiel and financial support to rebel factions.”

The FSA sources interviewed by The National went to pains to deny that any al-Qaeda affiliated factions were involved in the control centre, or would receive any weapons support. But this is difficult to believe given that “Saudi and Qatari-supplied weapons” were being funneled through to the rebels via Amman, to their favoured factions.

Classified assessments of the military assistance supplied by US allies Saudi Arabia and Qatar obtained by the New York Times showed that “most of the arms shipped at the behest of Saudi Arabia and Qatar to supply Syrian rebel groups… are going to hardline Islamic jihadists, and not the more secular opposition groups that the West wants to bolster.”

Lest there be any doubt as to the extent to which all this covert military assistance coordinated by the US has gone to support al-Qaeda affiliated factions in the FSA, it is worth noting that earlier this year, the Israeli military intelligence website Debkafile – run by two veteran correspondents who covered the Middle East for 23 years for The Economist – reported that: “Turkey is giving Syrian rebel forces, including the al-Qaeda-affiliated Nusra Front, passage through its territory to attack the northwestern Syrian coastal area around Latakia.”

In August, Debkafile reported that “The US, Jordan and Israel are quietly backing the mixed bag of some 30 Syrian rebel factions”, some of which had just “seized control of the Syrian side of the Quneitra crossing, the only transit point between Israeli and Syrian Golan.” However, Debkafile noted, “al-Qaeda elements have permeated all those factions.” Israel has provided limited support to these rebels in the form of “medical care,” as well as “arms, intelligence and food…

“Israel acted as a member, along with the US and Jordan, of a support system for rebel groups fighting in southern Syria. Their efforts are coordinated through a war-room which the Pentagon established last year near Amman. The US, Jordanian and Israeli officers manning the facility determine in consultation which rebel factions are provided with reinforcements from the special training camps run for Syrian rebels in Jordan, and which will receive arms. All three governments understand perfectly that, notwithstanding all their precautions, some of their military assistance is bound to percolate to al-Qaeda’s Syrian arm, Jabhat Al-Nusra, which is fighting in rebel ranks. Neither Washington or Jerusalem or Amman would be comfortable in admitting they are arming al-Qaeda’s Nusra Front in southern Syria.”

This support also went to ISIS. Although the latter was originally founded in Iraq in October 2006, by 2013 the group had significantly expanded its operations in Syria working alongside al-Qaeda’s al-Nusra until February 2014, when ISIS was formally denounced by al-Qaeda. Even so, experts on the region’s Islamist groups point out that the alleged rift between al-Nusra and ISIS, while real, is not as fraught as one might hope, constituting a mere difference in tactics rather than fundamental ideology.

ISIS fighters pose for the camera

Officially, the US government’s financial support for the FSA goes through the Washington DC entity, the Syrian Support Group (SSG), Syrian Support Group (SSG) which was incorporated in April 2012. The SSG is licensed via the US Treasury Department to “export, re-export, sell, or supply to the Free Syrian Army (‘FSA’) financial, communications, logistical, and other services otherwise prohibited by Executive Order 13582 in order to support the FSA.”

In mid-2013, the Obama administration intensified its support to the rebels with a new classified executive order reversing its previous policy limiting US direct support to only nonlethal equipment. As before, the order would aim to supply weapons strictly to “moderate” forces in the FSA.

Except the government’s vetting procedures to block Islamist extremists from receiving US weapons have never worked.

A year later, Mother Jones found that the US government has “little oversight over whether US supplies are falling prey to corruption – or into the hands of extremists,” and relies “on too much good faith.” The US government keeps track of rebels receiving assistance purely through “handwritten receipts provided by rebel commanders in the field,” and the judgement of its allies. Countries supporting the rebels – the very same which have empowered al-Qaeda affiliated Islamists – “are doing audits of the delivery of lethal and nonlethal supplies.”

Thus, with the Gulf states still calling the shots on the ground, it is no surprise that by September last year, eleven prominent rebel groups distanced themselves from the ‘moderate’ opposition leadership and allied themselves with al-Qaeda.

By the SSG’s own conservative estimate, as much as 15% of rebel fighters are Islamists affiliated to al-Qaeda, either through the Jabhut al-Nusra faction, or its breakaway group ISIS. But privately, Pentagon officials estimate that “more than 50%” of the FSA is comprised of Islamist extremists, and according to rebel sources neither FSA chief Gen Salim Idris nor his senior aides engage in much vetting, decisions about which are made typically by local commanders.

Part 2 – THE LONG WAR

Follow the money

Media reports following ISIS’ conquest of much of northern and central Iraq this summer have painted the group as the world’s most super-efficient, self-financed, terrorist organisation that has been able to consolidate itself exclusively through extensive looting of Iraq’s banks and funds from black market oil sales. Much of this narrative, however, has derived from dubious sources, and overlooked disturbing details.

One senior anonymous intelligence source told Guardian correspondent Martin Chulov, for instance, that over 160 computer flash sticks obtained from an ISIS hideout revealed information on ISIS’ finances that was completely new to the intelligence community.

“Before Mosul, their total cash and assets were $875m [£515m],” said the official on the funds obtained largely via “massive cashflows from the oilfields of eastern Syria, which it had commandeered in late 2012.” Afterwards, “with the money they robbed from banks and the value of the military supplies they looted, they could add another $1.5bn to that.” The thrust of the narrative coming from intelligence sources was simple: “They had done this all themselves. There was no state actor at all behind them, which we had long known. They don’t need one.”

“ISIS’ half-a-billion-dollar bank heist makes it world’s richest terror group,” claimed the Telegraph, adding that the figure did not include additional stolen gold bullion, and millions more grabbed from banks “across the region.”

This story of ISIS’ stupendous bank looting spree across Iraq made global headlines but turned out to be disinformation. Senior Iraqi officials and bankers confirmed that banks in Iraq, including Mosul where ISIS supposedly stole $430 million, had faced no assault, remain open, and are guarded by their own private security forces.

How did the story come about? One of its prime sources was Iraqi parliamentarian Ahmed Chalabi – the same man who under the wing of his ‘Iraqi National Congress’ peddled false intelligence about Saddam’s weapons of mass destruction and ties to al-Qaeda.

In June, Chalabi met with the US ambassador to Iraq, Robert Beecroft, and Brett McGurk, the State Department’s deputy assistant secretary of state for Iraq and Iran. According to sources cited by Buzzfeed in June, Beecroft “has been meeting Chalabi for months and has dined at his mansion in Baghdad.”

Follow the oil

But while ISIS has clearly obtained funding from donors in the Gulf states, many of its fighters having broken away from the more traditional al-Qaeda affiliated groups like Jabhut al-Nusra, it has also successfully leveraged its control over Syrian and Iraqi oil fields.

In January, the New York Times reported that “Islamist rebels and extremist groups have seized control of most of Syria’s oil and gas resources”, bolstering “the fortunes of the Islamic State of Iraq and Syria, or ISIS, and the Nusra Front, both of which are offshoots of al-Qaeda.” Al-Qaeda affiliated rebels had “seized control of the oil and gas fields scattered across the country’s north and east,” while more moderate “Western-backed rebel groups do not appear to be involved in the oil trade, in large part because they have not taken over any oil fields.”

Yet the west had directly aided these Islamist groups in their efforts to operationalise Syria’s oil fields. In April 2013, for instance, the Times noted that al-Qaeda rebels had taken over key regions of Syria: “Nusra’s hand is felt most strongly in Aleppo”, where the al-Qaeda affiliate had established in coordination with other rebel groups including ISIS “a Shariah Commission” running “a police force and an Islamic court that hands down sentences that have included lashings.” Al-Qaeda fighters also “control the power plant and distribute flour to keep the city’s bakeries running.” Additionally, they “have seized government oil fields” in provinces of Deir al-Zour and Hasaka, and now make a “profit from the crude they produce.”

Lost in the fog of media hype was the disconcerting fact that these al-Qaeda rebel bread and oil operations in Aleppo, Deir al-Zour and Hasaka were directly and indirectly supported by the US and the European Union (EU). One account by the Washington Post for instance refers to a stealth mission in Aleppo “to deliver food and other aid to needy Syrians – all of it paid for by the US government,” including the supply of flour. “The bakery is fully supplied with flour paid for by the United States,” the Post continues, noting that local consumers, however, “credited Jabhat al-Nusra – a rebel group the United States has designated a terrorist organisation because of its ties to al-Qaeda – with providing flour to the region, though he admitted he wasn’t sure where it comes from.”

And in the same month that al-Qaeda’s control of Syria’s main oil regions in Deir al-Zour and Hasaka was confirmed, the EU voted to ease an oil embargo on Syria to allow oil to be sold on international markets from these very al-Qaeda controlled oil fields. European companies would be permitted to buy crude oil and petroleum products from these areas, although transactions would be approved by the Syrian National Coalition. Due to damaged infrastructure, oil would be trucked by road to Turkey where the nearest refineries are located.

“The logical conclusion from this craziness is that Europe will be funding al-Qaeda,”said Joshua Landis , a Syria expert at the University of Oklahoma.

Just two months later, a former senior staffer at the Syria Support Group in DC, David Falt, leaked internal SSG emails confirming that the group was “obsessed” with brokering “jackpot” oil deals on behalf of the FSA for Syria’s rebel-run oil regions.

“The idea they could raise hundreds of millions from the sale of the oil came to dominate the work of the SSG to the point no real attention was paid to the nature of the conflict,” said Falt, referring in particular to SSG’s director Brian Neill Sayers, who before his SSG role worked with NATO’s Operations Division. Their aim was to raise money for the rebels by selling the rights to Syrian oil.

Tacit complicity in IS oil smuggling

Even as al-Qaeda fighters increasingly decide to join up with IS, the ad hoc black market oil production and export infrastructure established by the Islamist groups in Syria has continued to function with, it seems, the tacit support of regional and western powers.

According to Ali Ediboglu, a Turkish MP for the border province of Hatay, IS is selling the bulk of its oil from regions in Syria and Mosul in Iraq through Turkey, with the tacit consent of Turkish authorities: “They have laid pipes from villages near the Turkish border at Hatay. Similar pipes exist also at [the Turkish border regions of] Kilis, Urfa and Gaziantep. They transfer the oil to Turkey and parlay it into cash. They take the oil from the refineries at zero cost. Using primitive means, they refine the oil in areas close to the Turkish border and then sell it via Turkey. This is worth $800 million.” He also noted that the extent of this and related operations indicates official Turkish complicity. “Fighters from Europe, Russia, Asian countries and Chechnya are going in large numbers both to Syria and Iraq, crossing from Turkish territory. There is information that at least 1,000 Turkish nationals are helping those foreign fighters sneak into Syria and Iraq to join ISIS. The National Intelligence Organization (MIT) is allegedly involved. None of this can be happening without MIT’s knowledge.”

Similarly, there is evidence that authorities in the Kurdish region of Iraq are also turning a blind eye to IS oil smuggling. In July, Iraqi officials said that IS had begun selling oil extracted from in the northern province of Salahuddin. One official pointed out that “the Kurdish peshmerga forces stopped the sale of oil at first, but later allowed tankers to transfer and sell oil.”

State of Law coalition MP Alia Nasseef also accused the Kurdistan Regional Government (KRG) of secretly trading oil with IS: “What is happening shows the extent of the massive conspiracy against Iraq by Kurdish politicians… The [illegal] sale of Iraqi oil to ISIS or anyone else is something that would not surprise us.” Although Kurdish officials have roundly rejected these accusations, informed sources told the Arabic daily Asharq Al-Awsat that Iraqi crude captured by ISIS was “being sold to Kurdish traders in the border regions straddling Iraq, Iran and Syria, and was being shipped to Pakistan where it was being sold ‘for less than half its original price.’”

An official statement in August from Iraq’s Oil Ministry warned that any oil not sanctioned by Baghdad could include crude smuggled illegally from IS:

“International purchasers [of crude oil] and other market participants should be aware that any oil exports made without the authorisation of the Ministry of Oil may contain crude oil originating from fields under the control of [ISIS].”

“Countries like Turkey have turned a blind eye to the practice” of IS oil smuggling, said Luay al-Khateeb, a fellow at the Brookings Doha Center, “and international pressure should be mounted to close down black markets in its southern region.” So far there has been no such pressure. Meanwhile, IS oil smuggling continues, with observers inside and outside Turkeynoting that the Turkish government is tacitly allowing IS to flourish as it prefers the rebels to the Assad regime.

According to former Iraqi oil minister Isam al-Jalabi, “Turkey is the biggest winner from the Islamic State’s oil smuggling trade.” Both traders and oil firms are involved, he said, with the low prices allowing for “massive” profits for the countries facilitating the smuggling.

Buying ISIS oil?

Early last month, a tanker carrying over a million barrels in crude oil from northern Iraq’s Kurdish region arrived at the Texas Gulf of Mexico. The oil had been refined in the Iraqi Kurdish region before being pumped through a new pipeline from the KRG area ending up at Ceyhan, Turkey, where it was then loaded onto the tanker for shipping to the US. Baghdad’s efforts to stop the oil sale on the basis of its having national jurisdiction were rebuffed by American courts.

In early September, the European Union’s ambassador to Iraq, Jana Hybášková, told the EU Foreign Affairs Committee that “several EU member states have bought oil from the Islamic State (IS, formerly ISIS) terrorist organisation that has been brutally conquering large portions of Iraq and Syria,” according to Israel National News. She however “refused to divulge the names of the countries despite being asked numerous times.”

A third end-point for the KRG’s crude this summer, once again shipped via Turkey’s port of Ceyhan, was Israel’s southwestern port of Ashkelon. This is hardly news though. In May,Reuters revealed that Israeli and US oil refineries had been regularly purchasing and importing KRG’s disputed oil.

Meanwhile, as this triangle of covert oil shipments in which ISIS crude appears to be hopelessly entangled becomes more established, Turkey has increasingly demanded that the US pursue formal measures to lift obstacles to Kurdish oil sales to global markets. The KRG plans to export as much as 1 million barrels of oil a day by next year through its pipeline to Turkey.

The Kirkuk-Ceyhan pipeline: Iraqi Kurdistan alone could hold up to 45 billion barrels of oil, allowing exports of up to 4 million barrels a day in the next decade if successfully brought to production

Among the many oil and gas firms active in the KRG capital, Erbil, are ExxonMobil and Chevron. They are drilling in the region for oil under KRG contracts, though operations have been halted due to the crisis. No wonder Steve Coll writes in the New Yorker that Obama’s air strikes and arms supplies to the Kurds – notably not to Baghdad – effectively amount to “the defense of an undeclared Kurdish oil state whose sources of geopolitical appeal – as a long-term, non-Russian supplier of oil and gas to Europe, for example – are best not spoken of in polite or naïve company.” The Kurds are now busy working to “quadruple” their export capacity, while US policy has increasingly shifted toward permitting Kurdish exports – a development that would have major ramifications for Iraq’s national territorial integrity.

To be sure, as the offensive against IS ramps up, the Kurds are now selectively cracking down on IS smuggling efforts – but the measures are too little, too late.

A new map

The Third Iraq War has begun. With it, longstanding neocon dreams to partition Iraq into three along ethnic and religious lines have been resurrected.

White House officials now estimate that the fight against the region’s ‘Islamic State’ will lastyears, and may outlive the Obama administration. But this ‘long war’ vision goes back to nebulous ideas formally presented by late RAND Corp analyst Laurent Muraweic before the Pentagon’s Defense Policy Board at the invitation of then chairman Richard Perle. That presentation described Iraq as a “tactical pivot” by which to transform the wider Middle East.

Brian Whitaker, former Guardian Middle East editor, rightly noted that the Perle-RAND strategy drew inspiration from a 1996 paper published by the Israeli Institute for Advanced Strategic and Political Studies, co-authored by Perle and other neocons who held top positions in the post-9/11 Bush administration.

The policy paper advocated a strategy that bears startling resemblance to the chaos unfolding in the wake of the expansion of the ‘Islamic State’ – Israel would “shape its strategic environment” by first securing the removal of Saddam Hussein. “Jordan and Turkey would form an axis along with Israel to weaken and ‘roll back’ Syria.” This axis would attempt to weaken the influence of Lebanon, Syria and Iran by “weaning” off their Shi’ite populations. To succeed, Israel would need to engender US support, which would be obtained by Benjamin Netanyahu formulating the strategy “in language familiar to the Americans by tapping into themes of American administrations during the cold war.”

The 2002 Perle-RAND plan was active in the Bush administration’s strategic thinking on Iraq shortly before the 2003 war. According to US private intelligence firm Stratfor, in late 2002, then vice-president Dick Cheney and deputy defense secretary Paul Wolfowitz had co-authored a scheme under which central Sunni-majority Iraq would join with Jordan; the northern Kurdish regions would become an autonomous state; all becoming separate from the southern Shi’ite region.

The strategic advantages of an Iraq partition, Stratfor argued, focused on US control of oil:

“After eliminating Iraq as a sovereign state, there would be no fear that one day an anti-American government would come to power in Baghdad, as the capital would be in Amman [Jordan]. Current and potential US geopolitical foes Iran, Saudi Arabia and Syria would be isolated from each other, with big chunks of land between them under control of the pro-US forces.Equally important, Washington would be able to justify its long-term and heavy military presence in the region as necessary for the defense of a young new state asking for US protection – and to secure the stability of oil markets and supplies. That in turn would help the United States gain direct control of Iraqi oil and replace Saudi oil in case of conflict with Riyadh.”

The expansion of the ‘Islamic State’ has provided a pretext for the fundamental contours of this scenario to unfold, with the US and British looking to re-establish a long-term military presence in Iraq in the name of the “defense of a young new state.”

In 2006, Cheney’s successor, Joe Biden, also indicated his support for the ‘soft partition’ of Iraq along ethno-religious lines – a position which the co-author of the Biden-Iraq plan, Leslie Gelb of the Council on Foreign Relations, now argues is “the only solution” to the current crisis.

Also in 2006, the Armed Forces Journal published a map of the Middle East with its borders thoroughly re-drawn, courtesy of Lt. Col. (ret.) Ralph Peters, who had previously been assigned to the Office of the Deputy Chief of Staff for Intelligence where he was responsible for future warfare. As for the goals of this plan, apart from “security from terrorism” and “the prospect of democracy”, Peters also mentioned “access to oil supplies in a region that is destined to fight itself.”

In 2008, the strategy re-surfaced – once again via RAND Corp – through a report funded by the US Army Training and Doctrine Command on how to prosecute the ‘long war.’ Among its strategies, one scenario advocated by the report was ‘Divide and Rule’ which would involve:

“… exploiting fault lines between the various Salafi-jihadist groups to turn them against each other and dissipate their energy on internal conflicts.”

Simultaneously, the report suggested that the US could foster conflict between Salafi-jihadists and Shi’ite militants by:

“… shoring up the traditional Sunni regimes… as a way of containing Iranian power and influence in the Middle East and Persian Gulf.”

One way or another, some semblance of this plan is in motion. Last week, Israeli foreign minister Avigdor Leiberman told US secretary of state John Kerry:

“Iraq is breaking up before our eyes and it would appear that the creation of an independent Kurdish state is a foregone conclusion.”

Nafeez Ahmed is a bestselling author, investigative journalist and international security scholar. He has contributed to two major terrorism investigations in the US and UK, the 9/11 Commission and the 7/7 Coroner’s Inquest, and has advised the Royal Military Academy Sandhust, British Foreign Office and US State Department, among government agencies.

Nafeez is a regular contributor to The Guardian where he writes about the geopolitics of interconnected environmental, energy and economic crises. He has also written for The Independent, Sydney Morning Herald, The Age, The Scotsman, Foreign Policy, Prospect, New Statesman, Le Monde diplomatique, among many others.

Nafeez’s just released new novel, ZERO POINT, predicted a new war in Iraq to put down an al-Qaeda insurgency.

| #GazaUnderAttack: Israel awakens the Palestine it tried to crush!

The brutal war unleashed on Gaza has one aim – and it has nothing to do with the three killed settlers. Netanyahu knows he has to crush a collective Palestinian spirit that’s emerged despite Israel’s decades of assimilation efforts.

When the bodies of three Israeli settlers – two teenagers, Aftali Frenkel and Gilad Shaar, both 16, and Eyal Yifrach, 19 – were found on 30 June near Hebron in the southern West Bank, Israel went into a state of mourning and a wave of sympathy flowed from around the world. The three had disappeared 18 days earlier in circumstances that remain unclear.

The entire episode, particularly after its grim ending, seemed to traumatize Israelis into ignoring harsh truths about the settlers and the militarisation of their society. For instance, one of the three has since been accused of humiliating Palestinian prisoners, while another was reportedly an occupation soldier.

Amid a portrayal of the three as hapless youths, although one was a 19-year-old soldier, commentators have failed to provide badly needed context to events. Few, if any, assigned the blame where it was most deserved – on expansionist policies which have sown hatred and bloodshed.

Before the bodies’ discovery, the real face of Netanyahu’s notoriously right-wing government was well-known. Few held Illusions about how “peaceful” an occupation can be if run by figures such as Foreign Minister Avigdor Lieberman, Economy Minister Naftali Bennett, and Deputy Defence Minister Danny Danon. But because “children” – the term used by Netanyahu himself – were involved, even critics didn’t expect an exercise in political point-scoring.

The was sympathy elicited for the missing settlers case, but it quickly vanished in the face of an Israeli response (in the West Bank, Jerusalem and later a full-scale war on Gaza) largely seen as in the crucible of world opinion as disproportionate and cruel. Rather than related to the tragic death of three youths, this response obviously reflected Netanyahu’s grand political calculations.

As mobs of Israeli Jews went out on an ethnic lynching spree in Israel, Jerusalem and the West Bank that some likened to a “pogrom”, occupation soldiers conducted a massive arrest campaign of hundreds of Palestinians, mostly Hamas members and supporters.

The Islamic Resistance Movement Hamas said it has no role in the death of the settlers, and this appears plausible since they rarely hesitate to take credit for something carried out by their military wing. Israeli military strategists were well aware of that.

This war on Hamas, however, has little to with the killed settlers, and everything to do with the political circumstances that preceded their disappearance.

Nakba and a new Intifada

On 15 May, two Palestinian youths, Nadim Siam Abu Nuwara, 17, and Mohammed Mahmoud Odeh Salameh, 16 were killed by Israeli soldiers while taking part in a protest commemorating the anniversary of the Nakba, or ‘Great Catastrophe’. Video footage shows that Nadim was innocently standing with a group of friends before collapsing as he was hit by an Israeli army bullet.

The Nakba took place 66 years ago as the so-called Arab-Israeli conflict emerged. An estimated one million Palestinians were forced out of their homes as they fled a Zionist invasion. Israel was established on the ruins of that Palestine.

Nadim and Mohammed, like the youths of several generations since, were killed in cold blood as they walked to remember that exodus. In Israel, there was no outrage. However, Palestinian anger, which seems is in constant accumulation – being under military occupation and enduring harsh economic conditions – was reaching a tipping point.

In some way, the deaths of these Palestinian youths were a distraction from the political disunity that has afflicted Palestinian leaderships and society for years. Their deaths were a reminder that Palestine, as an idea and a collective plight and struggle, goes beyond the confines of politics or even ideology.

Their deaths reminded us that there is much more to Palestine than the whims of the aging Palestinian Authority ‘President’ Mahmoud Abbas and his Ramallah-based henchmen, or even Hamas’s regional calculations following the rise and fall of the ‘Arab Spring.’

The Israeli reaction to the settlers’ death has been different. After the bodies’ discovery, fellow settlers and right-wing Israelis began exacting revenge from Palestinian communities. The mob was united by the slogan “death to the Arabs”, reviving a long-disused notion of a single Palestinian identity that precedes the emergence of Fatah and Hamas.

Perhaps paradoxically, the grief and anger provoked by the death of Mohammad Abu Khdeir, 17, who was burnt alive by Israeli settlers as part of this lashing out, has furthered this reawakening of a long-fragmented Palestinian national identity.

An identity that had suffered due to Israeli walls, military tactics and the Palestinians’ own disunity, has been glued back together in a process that resembles the events which preceded the first and second uprisings of 1987 and 2000 respectively.

Much can be said about the hypocrisy in which Western governments have responded to the deaths of Palestinians and Israelis, the sorry state of Arab affairs, the pressure placed on the increasingly collaborative Abbas to find the killers, and the lack of a serious response to Israeli army and settlers abuse of Palestinian youth, including an American-Palestinian boy. But Palestinian collective action is hardly motivated by the renowned hypocrisy of the West. The greatest Palestinian priority for now is finding a common strategy that would cement unity and eventually achieve their national aspirations.

Unity government

However, unlike in the previous Intifadas, the hurdles towards a unified voice this time seem insurmountable. Abbas is a weak leader who has done so much to meet Israel’s security expectations and so very little to defend the rights of his people. He is a relic from a bygone era who merely exists because he is the best option Israel and the US have at the moment.

In the aftermath of the Israeli violent response to the killing of the settlers, Abbas laboured to coordinate with the massive Israeli search. At times, he stayed away as Israeli troops brutalised Palestinians in the West Bank.

It is clear that there can be no third Intifada that leaves Abbas and his wretched political apparatus in place. This is precisely why Palestinian Authority goons prevented many attempts by Palestinians in the West Bank to protest the Israeli violence unleashed in the occupied territories, which finally culminated into a massive war against Gaza that has killed and wounded hundreds. These very PA officers who stood by as the army raided Palestinian homes at will were the ones that swiftly moved to crush Palestinians who tried to assemble in protest.

Whatever credit Abbas supposedly gained by closing ranks with Hamas to form a unity government last June has been just as quickly lost. It has been overshadowed by his own failures to live up to commitment under the unity deal, and the relevance of his ‘authority’ was quickly eclipsed by Israeli violence, highlighting his and his government’s utter irrelevance to Israel’s political calculations.

A Hamas re-launch

When Israel launched its massive arrest campaign, which mainly targeted Hamas in the West Bank, the Hamas’ political wing was already considering “alternatives” to the unity government in Ramallah. This was not seen in statements by Hamas officials, who refused to reveal their frustration with Abbas and his Ramallah echelon, but rather in the clearly worded remarks uttered by senior Hamas official Dr Ahmed Yousef in an interview with Ma’an news agency.

“The (Rami) Hamdallah government has failed to fill” the political vacuum left open by the dismantling of the Hamas government in Gaza, Yousef said. “We are talking about an all-faction leadership to prevent security chaos and solve the crisis of salaries for the Gaza Strip’s civil servants,” he added.

Hamas’s objectives were not being met. The unity deal was meant to achieve several goals: end Hamas’s political isolation in Gaza, resulting from the intensifying of the siege by Egypt’s dictator Abdul Fatah al-Sisi, solving the economic crisis in the Strip, and also allowing Hamas to revert to its old brand, as a resistance movement first and foremost.

Hamas was perhaps hoping for a similar political arrangement like the one enjoyed by Hezbollah in Lebanon: to hold massive political sway, to maintain its military presence and to navigate its way between resistance and politics as it sees fit. It is a difficult model to duplicate though, since the physical topography and political landscape of Palestine is largely different from Lebanon.

Even if Hamas succeeded in establishing a new brand based on resistance/political model, Israel was determined to deactivate any potential for Palestinian unity. Destroying that unity became almost an obsession for Netanyahu.

The disappearance of the settlers gave Netanyahu’s quest a new impetus. He immediately began a campaign pressuring Abbas to break away from Hamas. In fact, Abbas became the target for a Zionist campaign that goes beyond Israel. His language was closely monitored, and criticized by the likes of the pro-Israel Anti-defamation league. ADL, which is always supportive of Israeli wars on Gaza, fumed when Abbas used the term ‘genocide’ to describe the killing campaign.

While Abbas was surviving in a state of political irrelevance, Hamas launched a fierce resistance campaign in Gaza. It united various resistance groups, including those affiliated with Abbas’s own party, Fatah, and began responding with barrage of rockets into Tel Aviv, Haifa, Jerusalem and elsewhere. Although few Israelis were hurt, at least at the time of writing this article, while hundreds of Palestinians were killed and wounded, Hamas’s show of prowess further alienated Abbas, now growingly seen, along with his authority as ‘collaborators’ with Israel.

Majdi, a 28-year-old from Deheisheh refugee camp put it best: “The Palestinian police are mercenaries for the Israeli occupation; they just watch and do nothing.”

An embattled Bibi

Netanyahu has focused his attacks on Hamas. He wants to eradicate them from the West Bank, per his own statements, then strike them and other resistance groups in Gaza. His motivations are many, including the need for periodic strikes that constantly erode the preparedness of the resistance every few years – past assaults were launched in 2006, 2007, 2008-9, 2012 and now 2014.

But this time there were new objectives inspired by new circumstances, including the fact that Netanyahu’s own government, which stood on a very shaky ground since its inception – partly due to constant infighting between Minister of Justice Tzipi Livni and others on the far right – is in political trouble.

Livni’s last threat to leave the government was made on June 11, a day before the settlers disappeared. The right wing union, between the prime minister’s own Likud party, and that of Liberman’s Yisrael Beitenu was dissolved on July 07.

Such cracks in Netanyahu’s coalitions seem too deep for even a massive war on Gaza to remedy.

Backlash

There is still more to Israel’s war on Gaza than this. Fearing an intifada that would unite Palestinians, threaten the PA, and slow down the construction of illegal settlements, Netanyahu’s war on Gaza means to distract from the slowly building collective sentiment among Palestinians throughout Palestine, and among Palestinian citizens in Israel.

This unity is much more alarming for Netanyahu than a political arrangement by Fatah and Hamas necessitated by regional circumstances. The targeting of Hamas is an Israeli attempt at challenging the emerging new narrative that it’s no longer about Gaza and its siege anymore, but the entirety of Palestine and its collectives regardless on which side of the Israeli “separation wall” they live.

A true Palestinian unity, culminating in a massive popular Intifada is the kind of war Netanyahu cannot possibly win.

– Ramzy Baroud is a PhD scholar in People’s History at the University of Exeter. He is the Managing Editor of Middle East Eye. Baroud is an internationally-syndicated columnist, a media consultant, an author and the founder of PalestineChronicle.com. His latest book is My Father Was a Freedom Fighter: Gaza’s Untold Story (Pluto Press, London).

Photo credit: Lebanese children protest the airstrikes of Israel to Gaza in Beirut, Lebanon on July 11, 2014 (AA)

 

The betrayal of the Oslo Accords

West Ban demolition (Apr 30 2014) May 5 2014

For anyone holding out high hopes for the new detente between the Palestinian Liberation Organization (under the leadership of Mahmoud Abbas) & Hamas, we only need look at the monstrosity of the Oslo Accords brokered between the PLO & Israel. The Accords legitimized Israeli military occupation & divided the West Bank into three administrative zones labeled Areas A, B, & C, depending on the level of Israeli military control.

You can parse that jurisdiction until the cows come home but it all comes down to whether the West Bank is controlled directly by the Israeli military or indirectly using the Palestinian Authority (run by Abbas) as enforcers of Israeli apartheid.

Area C was designated for full Israeli military control which allows massive Zionist settlement expansion, restrictions on Palestinian building (including of residences), & Israeli exploitation of natural resources. Does this differ from outright colonialism in any discernible way?

There are dozens of refugee camps in the West Bank, Gaza, Jordan, Lebanon, & Syria established when Zionist terrorist squads drove them from Palestine. Hundreds of thousands of people have been living in them since 1948 since they have no place else to go. Al-Aroub refugee camp near the West Bank city of Hebron is one of those camps where 13,000 Palestinians still live. Parts of the camp are considered within Area C. Construction permits for building or renovation of Palestinian homes are “virtually impossible” to obtain (according to the World Bank), demolition of Palestinian homes are accelerating, & Zionist settlers now outnumber Palestinian residents & occupy 62% of Area C. Israeli politicians are discussing abandoning the shell game of the Oslo Accords & outright annexing Area C.

This Palestinian man is sitting on the rubble of one of two homes in Al-Aroub bulldozed by the Israeli military on April 30th because Israeli officials claim they were built without the required permits. When angry Palestinians converged at the site to prevent the demolitions, Israeli soldiers used tear gas, grenades, & rubber bullets against them. According to Palestinian witnesses, the bulldozers also destroyed olive, grape, & fig trees in the camp & prevented ambulance crews & journalists from accessing the area.

Support Palestinian justice by boycotting all Israeli products (barcode beginning 729), supporting the cultural boycott of Israel, & demanding “No military aid to Israel!”

(Photo by Ammar Awad/Reuters)

Mary Scully

| The right of return is for individuals to decide, not for Abbas to concede!

The right of return is for individuals to decide, not for Abbas to concede ~ Ibrahim Hewitt, MEMO.

Yet again, we hear that President Mahmoud Abbas has more or less conceded the lawful right for Palestinian refugees to return to their homeland. Last year he told Israelis that although he would like to visit his birthplace in Safed, which is now in Israel, he did not expect to live there. Now he has told a group of Israelis visiting Ramallah that he has no wish to “drown the Jewish character” of Israel with returning refugees. This is an astonishing thing for him to say because its implications are so serious.

For a start, let us make it clear that the right to return is an individual right so it is not within the Palestinian Authority leader’s power to concede it on behalf of anyone other than himself. It may be that he was well aware of that when he signalled his own reluctance to return to Safed but his latest statement is worrying for the millions of refugees festering in squalid UN-run camps around the region.

One journalist said that Abbas’s comments “seemed to signal a significant concession on the so-called right of return – the Palestinian demand that several million descendants of 700,000 refugees expelled during Israel’s 1948 war of independence be allowed to go back to their homes.” For the benefit of the Daily Telegraph’s Robert Tait, it should be remembered that the right to return is not a “Palestinian demand”, it is enshrined in UN General Assembly Resolution 194 dated 11 December 1948: “…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…” Israel’s membership of the UN was conditional inter alia on it implementing this resolution, something which, of course, it has never done.

Israel’s unilateral “Declaration of Independence” of 1948 is clear that it was established as “the Jewish State in Palestine”. Among other things, the founding document insists that Israel “will loyally uphold the principles of the United Nations Charter”, among which is a commitment to implement resolutions; Israel has ignored more UN resolutions than it has ever implemented.

This “Jewish State” was recognised implicitly by the Palestine Liberation Organisation (PLO) in 1993 when the former “terrorist” group came in from the cold and recognised Israel’s “right to exist”. That being the case, it must be asked why Benjamin Netanyahu is insisting on Palestinian recognition of the “Jewish character” of Israel as a pre-condition for a peace agreement.

Experience shows that Israel is an expansionist state; it has never declared its borders and has grown exponentially ever since it was created. Indeed, even by then it had morphed itself from the “national home for the Jewish people” in Palestine mentioned in the infamous Balfour Declaration of 1917 to a “Jewish State” by 1948. The land it occupied by the 1949 armistice was greater in area than the allocation of the UN Partition Plan of 1947; this was increased yet again when Israel launched the Six-Day War in 1967 and occupied all of historic Palestine. While not occupying the Gaza Strip physically since 2005, Israel controls its borders, territorial waters and air space; it is an occupation legally and in all but name. As the “negotiations” (a euphemism for Palestinian concessions) drag on for 20 years and counting, Israel creates more facts on the ground, grabbing ever more land for its illegal settlements, settler-only roads, military zones and “nature reserves”. I think that it is fair to say that Israel’s leaders have no intention whatsoever of giving up any land upon which Jews are now living as they push to create “Eretz Israel”, the Greater Israel that is Zionism’s dream.

Recognition of the “Jewish character” of Israel will give it the green light to complete the ethnic cleansing started in 1948, with the 20 per cent of non-Jewish Israeli citizens being “transferred” to the rump statelet of Palestine that may or may not come into being; ideally, from a Zionist perspective, the transfer won’t end there and life will be made so miserable for Palestinians in the West Bank that they will cross into what many Israelis already call the state of Palestine; the rest of us know this as the Hashemite Kingdom of Jordan. This is the “alternative homeland” scenario dreaded by Palestinians who have no wish to leave their historic homeland.

Israel will cite “security” concerns in order to get its way, though, and willing dupes like US Secretary of State John Kerry, ever-ready to do the pro-Israel Lobby’s bidding, will put pressure on the Palestinian Authority to concede even more than it has already. This includes agreement to a strong Israeli military presence in the Jordan Valley, so that an “independent state of Palestine” will be nothing of the sort; it will have an army of occupation on its territory from Day One.

Once Israel is cleared of the “demographic time-bomb” of its Palestinian citizens it can claim, with hand on heart, that it is indeed both Jewish and democratic in nature. Fear of being an obvious apartheid state with a democratic façade is genuine; Jewish students in America are already being coached about how to defend the case for declaring a Jewish state while basically disenfranchising 1-in-5 of Israel’s citizens and implementing a raft of discriminatory laws.

That is why Mahmoud Abbas needs to wake from his stupor and understand that while he is free to give up his own right of return, he has no right whatsoever to concede that right for all Palestinian refugees. Israel and its Western backers will, of course, continue to ignore the UN resolutions in any case and so won’t mind that the legal niceties are chewed up and spat out as long as what Israel wants, Israel gets. But that will never produce a just and lasting peace in the region. Maybe that doesn’t bother the military-industrial complex upon which Israel is so reliant; it certainly won’t bother the neoconservatives running America. Their plans for the Middle East don’t include a state of Palestine; they want to see US-Israeli hegemony at any cost.

More than anything else, Abbas’s ill-advised statements demonstrate the ridiculous nature of the whole peace process, which is producing neither peace nor much of a process at the moment. The one-state solution is being talked about in all sorts of circles these days, as more and more people realise and accept that two-states are a non-starter. If the message can get through to Mahmoud Abbas and his cronies in Ramallah on board the Palestinian Authority gravy train, maybe peace will have a chance after all.

Boycott for Dummies 3

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Under no circumstances must Abbas abdicate his duty to the Palestinian people – but duly carry it out – above all to engage and secure the right of return for every single individual victim and their descendants who were illegally removed since the Nakaba to date – as per UNGA Resn 194 – which is the extent of his authority, otherwise history will record him as the betrayer of Palestine and betrayer of Arafat’s legacy of resistance to Israel’s criminality.

| Quislings Out: Time for Palestinian leadership spring clean!

Time for Palestinian leadership spring clean ~ Stuart LittlewoodRedress Information & Analysis.

Saeb Erekat wakes up to the peace swindle; Mahmoud Abbas still in cloud cuckoo land.

The Times of Israel reportsthat Palestinian chief negotiator Saeb Erekat, who recently resigned (again) but mysteriously remains in post, said in an interview that the Palestinians will not agree to extending the latest talks with Israel one minute beyond the allotted nine months, ending in April.

“The objective is to reach an agreement on all issues pertaining to a final-status deal. And according to the wording of the agreement with [US Secretary of State John] Kerry, there will be no transitional or interim agreement,” Erekat said.

He added that the US administration was trying to cut the talks short to pre-empt any attempt to extend them. In the meantime ,Israel was trying to thwart the peace process – and US efforts — in “every way”, the latest example being an Israeli bill to annex the Jordan Valley, which passed a key ministerial committee last week.

Reality dawning

Proper talks, which started last July, have not been held for two month owing to stalemate and unofficial meetings had been fruitless. Erekat said Washington has yet to present the two sides with an official offer. Where exactly the US gets its authority to make any “offer” without reference to, and full compliance with, international law and previous UN resolutions has never been clear to this writer.

We’re also told that Abbas, the de facto Palestinian president who is well past his clear-your-desk date, has written to Barack Obama that the Palestine Liberation Organization, which represents the Palestinians to the outside world, will not accept Israel as a Jewish state, will not accept a Palestinian state with 1967 borders without Jerusalem, and will not accept any Israeli on Palestinian land, sea, air and border crossings after Israel’s withdrawal is completed. Nor will Abbas accept any solution that does not grant potentially millions of refugees their right to return and be compensated, as per UN Resolution 194, and allow for the release of prisoners.

None of this is new or surprising; it’s standard stuff and should be unobjectionable, supported as it is by UN resolutions (unimplemented) and international law (unenforced).

According to the Times of Israel, Erekat said Abbas presented these preconditions to the Arab League, which passed them to UN Security Council member states. This is Erekat’s strategy for appealing to the European Union to recognize the Palestinian state while at the same time appealing to various international bodies to sign treaties and protocols that would enable the Palestinian Authority to file a suit against Israel in the International Criminal Court (ICC) at The Hague.

Erekat has also produced a crime-sheet of Israeli moves that undermine the peace process. Again, what’s new? Israel has been sticking two fingers up, for the whole world to see, all the years Erekat and Abbas have been involved.

In the name of God, go!

The confidential Palestine Papers, leaked to Al-Jazeera in 2011, revealed the shambolic conduct of the so-called peace process and how the Palestinian team allowed the Israelis to walk all over them, with US help.

One of the leak’s sources, a French-Palestinian lawyer and former adviser to the PLO, Ziyad Clot, said in an article in the Guardian newspaper that the peace process was “an inequitable and destructive political process which had been based on the assumption that the Palestinians could in effect negotiate their rights and achieve self-determination while enduring the hardship of the Israeli occupation”. They were “a deceptive farce whereby biased terms were unilaterally imposed by Israel and systematically endorsed by the US and EU”. They “excluded for the most part the great majority of the Palestinian people: the seven million Palestinian refugees”. And, he said, “the PLO, given its structure, was not in a position to represent all Palestinian rights and interests”.

So why is Erekat still engaging in it? He was educated in political science in the US and conflict studies in England, so should be articulate and media-savvy. He became chief negotiator in 1995. He occupies a king-pin position in the world’s hottest hot-spot but how often do we see him in the Western media? When was the last time? He is possibly the least successful negotiator in the world, and where has that got the Palestinians? He also has a habit of resigning then popping up again. Is there really no-one else?

Furthermore, there’s still no sign that Abbas himself has got his backside into gear and commenced the necessary preparations for Palestine to activate the ICC and bring long-overdue war crimes charges against Israel. It’s also a bit late in the day for Erekat to suddenly see the light. Does any of this actually take us nearer a sane justice process, as opposed to the shameful “kangaroo” peace negotiations that Erekat and Abbas seem addicted to?

As Oliver Cromwell told the English Parliament in 1653: “You have sat too long for any good you have been doing lately… Depart, I say; and let us have done with you. In the name of God, go!” It might be appropriate for those same words to be addressed to Erekat and Abbas, and indeed the entire PLO and Palestinian Authority – the whole caboodle a futile waste of space.

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| A reminder of the misery UK government inaction perpetuates across the Holy Land!

A reminder of the misery UK government inaction perpetuates across the Holy Land ~ Redress Information & Analysis.

As the British government shuts down for the Christmas and New Year festivities, British writer Stuart Littlewood reminds it of the hypocrisy and double standards it rather brush under the carpet but which will not be forgotten by anyone with a modicum of decency.

He says, among other things:

“So this is Christmas/And what have you done?”

Hello, the holly-decked halls of Westminster. Be of good cheer, all you chaps in your little festive bubble. I thought you might enjoy this Christmas message from Lennon/Ono – my era but oh so relevant today.

At this important time who can forget how the British government, after its eager support for the Iraq war and its antics in Afghanistan…?

And who can forget the British government’s backing for Saddam in the Iran-Iraq war and, earlier, the economic ruin it inflicted on Iran’s fledgling democracy in order to reinstate the dictatorship of the Shah? It’s little wonder, as I was told in a recent letter from my Tory MP, that we live in a world where terrorists and other extremists are becoming ever more ruthless. Yessir, the Tory Party’s foreign policy, and indeed Labour’s, work like a charm when it comes to stoking up hatred around the globe.

And that suits the military-industrial complex just fine. It puts us all in harm’s way, of course, and does no favours for the innocent civilians of the countries we destabilize. We are bombarded with horrific images every day of the squalor, misery and massive injuries suffered by countless refugees and other displaced persons. But don’t let things like that worry your noble heads, ladies and gentlemen of Westminster. Prime Minister Cameron doesn’t. He rushes to South Africa and basks in the reflected glow of Mandela’s memory. It’s so much easier than actually trying to emulate the great man.

Nowhere is Britain’s foreign policy more misguided and cruel than in the Holy Land, where our political elite have pimped for the insane Zionists for nearly a hundred years. Instead of constantly reciting the mantra that US-supervised and Zionist–lobby–orchestrated negotiations are the only path to peace they ought to read what Richard Falk says in the interview “Stealing Palestine”.

Please note Professor Falk’s remarks about the dreadful Christmas in store for the children of Gaza. Cameron insists that Israel’s enemies are our enemies. Does that include these poor kids and their families? If not, what have he and the rest of you done, as John Lennon asks in his Christmas song? Anything to protect them? No. And please do not repeat the tosh written by minister Hugh Robertson about “expressing concern”, “calling on Israel to ease restrictions” and “providing practical assistance”. We’ve heard it all before ad nauseam and, let me tell you frankly, it’s insulting.

The British government knows, or should know, that peace in the Middle East – and maybe worldwide – hinges on justice for the Palestinians. Everyone who has been paying attention also knows that the only language the despicable regime in Tel Aviv understands is sanctions and boycotts, appeals to reason having been contemptuously brushed aside.

Naturally, I wish our rulers at Westminster a peaceful and plenteous Christmas luxuriating in the snug safety of their leafy constituencies. But I wonder how many will lift their heads from the trough long enough to spare a thought for the misery their predecessors created in the Little Town of Bethlehem and all across Palestine, and which their own inaction now perpetuates.

Palestine’s president Mahmoud Abbas is not someone I normally look to for words of wisdom. But parts of his Christmas message this year are very moving and bear repeating here:

We celebrate Christmas in Bethlehem under occupation… This Christmas Eve, our hearts and prayers will be with the millions who are being denied their right to worship in their homeland. We are thinking of our people in Gaza, trapped under siege, and of those who are prevented from worshipping in Bethlehem. Our hearts and prayers are with the people of Al Dbayeh Refugee Camp in Beirut, along with all of our Palestinian refugees – Christians and Muslims uprooted from their hometowns in 1948 and who, since that time, have suffered the vicissitudes of a forced exile.

Our prayers are with the churches and mosques of Jerusalem which remind the world of the Arab identity of our occupied capital… On this occasion, we are reminded of the sad fact that more Bethlehemites will be lighting their candles in Santiago de Chile, Chicago, San Pedro de Sula, Melbourne and Toronto than those in Bethlehem. To them we say that Bethlehem is their town and Palestine is their country. We will continue working tirelessly to give them the freedom to decide where to spend Christmas.

Christians are not a minority here: they are an integral part of the Palestinian people. Orthodox, Catholics, Armenians, Assyrians, Lutherans, Anglicans, Copts, Melkites, Protestants and others are all part of the rich mosaic of this free, sovereign, democratic and pluralistic Palestine we aspire to…

On behalf of a people struggling for justice that will lead to peace, we remember the birth of Jesus Christ in a humble grotto in Bethlehem. His message, for us, as for millions around the world remains as pertinent as ever. “Blessed are they that hunger and thirst after justice: for they shall have their fill”. 

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| US framework plans “Gazafication” of the West Bank!

US plans “Gazafication” of the West Bank ~ Jonathan Cook in Nazareth,  Redress Information & Analysis.

In recent days, US and European diplomats have been engaged in a frenzy of activity on the Israeli-Palestinian front, before they settle down for the usual two-week Christmas hibernation.

A sense of urgency looms because Washington is supposed to unveil next month its so-called “framework proposal” for the creation of a Palestinian state, in a last desperate effort to break the logjam in negotiations. For this reason, the outlines of the US vision of an agreement are finally coming into focus. And, as many expected, the picture looks bleak for the Palestinians.

John Kerry, the US secretary of state, who has invested much of his personal standing in a successful outcome, has grown increasingly forthright that an agreement hinges on satisfying Israel’s security concerns, however inflated.

During a speech to the Saban Forum in Washington this month, Kerry said President Barack Obama’s highest priority was Israel’s “ability to defend itself, by itself”. Shortly afterwards, Kerry headed back to the region to show Israeli and Palestinian officials what he meant.

 

Under cover of a vision for peace, the US secretary of state is offering an Israeli security plan at the expense of meaningful Palestinian statehood. 

 

Mahmoud Abbas, the Palestinian president, was reportedly “boiling mad” by the US proposal. In recent days Palestinian Authority (PA) spokesmen have accused Kerry of “appeasement” and of failing to be “a neutral mediator”.

The criticism looks more than justified. Under cover of a vision for peace, the US secretary of state is offering an Israeli security plan at the expense of meaningful Palestinian statehood.

That is not entirely surprising given that the plan was drafted by John Allen, a general formerly in command of US forces in Afghanistan, who has spent months quietly liaising with Israeli counterparts.

The main sticking point is the Jordan Valley, an area that was expected to comprise nearly a quarter of a future Palestinian state. Allen has indulged an Israeli demand that it be allowed to continue a long-term “military presence” in the Jordan Valley, of at least 10 years.

Not only this but, according to a memo sent by Abbas to Obama, which the Haaretznewspaper revealed this week, the US plan would condition an eventual Israeli withdrawal on the Palestinians meeting a “test of implementation”. Abbas rightfully believes that this would give Israel an effective veto on ever leaving the Jordan Valley.

That is a big retreat from Washington’s earlier commitment, made at the Annapolis talks of 2007, that no Israeli soldiers would be stationed in the West Bank following an agreement. Security guarantees were to be provided instead by NATO troops, under US command.

The new proposal should be a deal-breaker. The valley is a vital resource for the Palestinians, one they have been effectively stripped of for decades by Israel’s exaggerated “security needs”.

 

 

…the US vision of a Palestinian state looks remarkably like the model Israel has already implemented in Gaza.

 

 

The Jordan Valley offers the only land border in the West Bank that would be potentially under Palestinian control. It is one of the few remaining undeveloped areas, making it a possible site to which hundreds of thousands of Palestinian refugees could return. And its lands are fertile and warm all year round, making it highly productive and a likely engine for the Palestinian economy.

According to Allen’s plan, Israel’s security also requires that Palestinian security forces be only lightly armed, that Israel has control over the airspace and all borders, and that the US install spying technology – euphemistically called “early warning systems” – throughout the West Bank.

In other words, the US vision of a Palestinian state looks remarkably like the model Israel has already implemented in Gaza.

One need only listen to the words of Israel’s prime minister, Benjamin Netanyahu, from a decade ago to understand his role in this new plan.

In 2001 Netanyahu spoke to a group of settlers in the West Bank at a meeting that was secretly filmed. There he boasted that during his earlier premiership, in the late 1990s, he had halted the peace plan of that time, the Oslo accords, through what he termed a “trick”.

He foiled a Palestinian state’s creation by agreeing to limited withdrawals from Palestinian land while insisting on the retention of the most significant areas, especially the Jordan Valley, by classifying them as a “specified military site”.

Netanyahu told the settlers: “America is something that can be easily moved. Moved to the right direction.” Those words now seem prophetic.

In rejecting the US plan, Abbas appears to have the backing of his people. A poll published this week showed only 19 per cent believed the talks would lead to an agreement.

So, given the essential conflict between Israel’s “security” requirements and the Palestinian demand for statehood, how does Kerry intend to proceed?

 

The task of making Israel and the Palestinians play ball is being subcontracted to the European Union. That makes sense because [it is] the main subsidizer of the occupation…

 

That too is becoming clear. The task of making Israel and the Palestinians play ball is being subcontracted to the European Union. That makes sense because, as the main subsidizer of the occupation, the Europeans have major financial leverage over both parties.

Earlier this month the EU brandished its stick. It warned that it would stop financing Abbas’ PA if no agreement had been reached by the end of the talks.

Though widely seen as a threat directed towards Abbas, whose political power base depends on EU money paying tens of thousands of PA workers each month, it was equally aimed at Netanyahu. Were the PA to be wound up, the huge costs of running the occupation would again fall to Israel.

The 28 European member states have also warned Israel that should it carry on building settlements in the coming months, they will officially blame it for the talks’ failure.

On 16 December, Europe unsheathed its carrot. It is offering both Israel and the Palestinians a major aid package and an upgrade in economic relations to the EU, conferring on them a status of “special privileged partnership”. This would reportedly bring each side huge trading and security benefits.

However vigorous the EU’s arm-twisting, the reality is that the Palestinian leadership is being cajoled into an agreement that would destroy any hopes of a viable Palestinian state.

Abbas is said to have viewed the US plan as “worse than bad”. His agreement to it would be worse than disastrous.


A version of this article first appeared in The National, Abu Dhabi.

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| Stealing Palestine: Interview with Richard Falk!

Stealing Palestine: interview with Richard Falk ~ Stuart LittlewoodRedress Information & Analysis.

Creeping annexation, ethnic cleansing and “the politics of fragmentation” inflicted by criminals who strut the world stage and thumb their noses at international law.

As the international conspiracy to rob Palestinians of their freedom and homeland is exposed a little more each day, observers and activists still puzzle over the duplicity of the United Nations in the decades-long illegal occupation and ethnic cleansing of the Palestinian territories, not to mention the true intent of Palestinian leaders. So when Richard Falk, Professor of International Law at Princeton and UN Special Rapporteur on Human Rights in Occupied Palestine, visited Norwich recently, I took the opportunity to put some questions to him.

“Peace process”

[Stuart Littlewood] Can we start with the so-called “peace process”, please? Does the resignation of the Palestinian negotiation team, and the reasons given, effectively end the already discredited “peace talks”? Should the Palestinians walk away or carry on playing a pointless game for another six months?

[Richard Falk] It is difficult to know how to assess the current suspension of peace talks. The Palestinian Authority (PA) seems always ready to bend to pressure, although with some outer limits. In this respect, the future of this phase of “peace talks” will be determined not in Ramallah, but in Washington and Tel Aviv. It should be evident 20 years after Oslo that the peace talks serve Israel’s interest in “creeping annexation” of the West Bank and ethnic cleansing in East Jerusalem, while diminishing Palestinian prospects, and even harming the Palestinian image by disinformation that blames the Palestinian side for the breakdown of the process when and however it occurs. It would be a welcome sign of PA independence if they come forth and denounce this peace process for what it is.

The sad reality is that this is almost certain not to happen, and more likely than not the period of negotiations will be extended beyond the nine months set aside, on the entirely false claim that the parties are on the verge of resolving all their differences, and with a little patience, the prospects for a deal are quite bright.

[Question] The negotiators said they were resigning because of the “unprecedented escalation” of settlement building and because the Israeli government wasn’t serious about a two-state solution and had failed to fulfil commitments given before the present talks were resumed. I now read that [Palestinian negotiator Saeb] Erekat has already been back to Washington for more talks with Tzipi Livni (Israel’s lead negotiator), [US Secretary of State John] Kerry and US envoy [Martin] Indyk. Far from denouncing the process they are once again endorsing it, which makes your point.

In any case, how acceptable is it for a weak, demoralized and captive people like the Palestinians to be forced to the negotiation table with their brutal occupier under the auspices of a US administration seen by many people as too dishonest to play the part of peace broker?

[Answer] Even if the United States was acting in good faith, for which there is no evidence, its dual role as Israel’s unconditional ally and as intermediary would subvert the credibility of a negotiating process. In fact, the US government signals its partisanship by White House appointments of individuals overtly associated with the AIPAC [American Israel Public Affairs Committee] lobbying group as special envoys to oversee the negotiations such as Dennis Ross and Martin Indyk. It is hard to imagine the fury in the West that would exist if the conditions were reversed, and the UN proposed a one-sided “peace process” biased in favour of the Palestinians. The unsatisfactory nature of the current framework of negotiations is further flawed by weighting the process in favour of Israel, which enjoys a position of hard power dominance.

Palestinians’ main grievances are all reinforced by an objective interpretation of international law

[Q] There can be no peace without justice, so is it right for final status “negotiations” to be held before competing claims are tested in the courts and the many outstanding rulings under international law and UN resolutions are implemented? In any case, shouldn’t a neutral UN peace commission be supervising the final settlement of this long struggle, rather than the US or the Quartet?

[A] Yes, if the priority were to attain a just and sustainable peace, a framework would be developed that had two characteristics: neutral as between the two sides and sensitive to the relevance of rights under international law. Such sensitivity would favour the Palestinians as their main grievances are all reinforced by an objective interpretation of international law, including in relation to settlements, Jerusalem, refugees, borders, water.

Mahmoud Abbas’s legitimacy

[Q] How much legitimacy does Palestinian President Abbas enjoy, having overstayed his term of office?

[A] This question of political legitimacy of President Abbas turns on the subjective mood of the Palestinian people. Because the PA is a political entity so vulnerable to pressures and manipulation, the status of its presiding leader seems to be widely seen as a secondary matter of limited significance. When President Abbas has articulated the case for Palestinian statehood during the last three years at the United Nations he gained considerable personal respect among most governments and for many Palestinians. He seems a leader caught between the realities of his compromised position and the occasional opportunities to express the national ambitions and support the rights of the Palestinian people. The division with Hamas, and the failure to find a formula to restore Palestinian unity in relation to the West, is a further source of weakness for PA claims to represent the Palestinian people as a whole. The failure to hold scheduled elections highlights the insufficiency of PA and Palestinian leadership.

Two-state solution

[Q] Do you believe a two-state solution is still feasible?

[A] No. I think Oslo has been dead for some years, primarily due to Israeli policies designed to encroach upon the remnant of Palestinian territorial and symbolic rights, especially by the continuously expanding settlement archipelago, the unlawful separation wall built on occupied territory, and the demographic manipulations in East Jerusalem. The pretence that Oslo plus the Roadmap point the only way to peace serves American and Israeli purposes in quieting growing complaints about the persistence of the conflict. It represents a diplomatic attempt to deflect criticism, and to divert attention from Palestinian grievances and a growing global solidarity movement.

[Q] The 1947 UN Partition was unworkable as well as immoral. Shouldn’t the whole territory [of historic Palestine] be returned to the melting pot and shared out more sensibly? Shouldn’t Jerusalem and Bethlehem become an international city, or corpus separatum, as the UN originally intended?

[A] For me the fundamental flaw with the partition proposals contained in GA [UN General Assembly] Resolution 181 was the failure to consult the people resident in Palestine at the time. A secondary flaw was the unfairness of awarding 55 per cent of the territory to the Jewish presence as represented by the Zionist movement, which in 1947 represented an estimated 7 per cent of Palestine’s population. This idea of determining the future of Palestine by outsiders, even if well intentioned, which seems not to have ever been the case, is incompatible with the historical trend toward resolving the future of peoples by way of the dynamics of self-determination. In Palestine’s case, at least from the issuance of the Balfour Declaration onwards, this effort to control the future of Palestine has been justly condemned as the last major example of “settler colonialism”. It is a particularly acute example as the settlers have no mother country to which to return, and take a poker player’s high risk posture of “all in”.

International Criminal Court

[Q]  Turning to the role of the International Criminal Court [ICC], this is an organ of the UN. So why doesn’t the ICC initiate its own prosecution of Israeli crimes based on UN reports and the mountain of evidence available to it, especially in view of Palestine’s upgraded status?

There is no authoritative explanation of ICC passivity in face of the Israeli criminal violation of fundamental Palestinian rights.

[A] There is no authoritative explanation of ICC passivity in face of the Israeli criminal violation of fundamental Palestinian rights. As a matter of speculation, it is plausible to assume an absence of political will on the part of the prosecutor’s office to initiate an investigation that would be deeply opposed by Israel and the United States. The ICC has been recently criticized for its Western bias, and its failure, for instance, to consider whether the United Kingdom and the United States violated the Rome Statute’s enumeration of international crimes by initiating and conducting the Iraq War. The African Union has complained about the seeming focus on the criminality of African leaders, and the bypassing of grievances directed at Western behaviour.

Responsibility to protect in Palestine

[Q] We hear you and others calling for intervention to prevent humanitarian catastrophes, e.g. the Gaza water crisis. Who exactly are you calling on? What is the chain of responsibility for intervening.

[A] There has been evolving within the UN and in international society more generally a sense that there is a “responsibility to protect” [R2P] peoples subject to severe threats of humanitarian catastrophes or natural disasters. Such sentiments are part of a process I have described as “moral globalization”.

In fact, R2P diplomacy has been discredited by being used as a geopolitical instrument, most dramatically as the normative foundation for the UN endorsement of the NATO 2011 military intervention in Libya. With respect to Libya the justification was protection against a feared massacre of civilians in the city of Benghazi, but the actual military operation from its outset seemed designed to achieve regime change in Tripoli. When it comes to Gaza where the present crisis has passed into a zone of desperation, the UN and world community are silent as if stone deaf to this deepening human crisis of survival.

So long as it is useful for Israel and Washington to treat Hamas as “a terrorist organization” the UN will be limited in its role to being a provider of a subsistence existence for the Gazan people…

[Q] We have just seen the UN intervening to bring fuel into Gaza as it teetered on the brink of a full-blown public health crisis. There are many such emergencies thanks to Israel’s continuing blockade. Why doesn’t the UN take over the supply of fuel full-time? And indeed the supply of medicines, drugs, medical equipment and spares?

[A] The tragic situation in Gaza cannot be understood without taking account of the political context, above all the split between Fatah and Hamas, and the Israeli posture toward Gaza after its “disengagement” in 2005 and the imposition of a punitive blockade in mid-2007 after Hamas took over the governance of Gaza. The UN has no capability to override geopolitical priorities, and so long as it is useful for Israel and Washington to treat Hamas as “a terrorist organization” the UN will be limited in its role to being a provider of a subsistence existence for the Gazan people, long victims of unlawful Israel policies of “collective punishment”, unconditionally prohibited by Article 33 of the Fourth Geneva Convention.

After the Egyptian coup of 3 July this year [reference to the mass popular uprising against the Muslim Brotherhood’s President Muhammad Morsi], the subsistence regime evolved in Gaza is itself in jeopardy. The tunnel network has been substantiallydestroyed by Egyptian military action and the Rafah crossing from Gaza to Egypt has been mainly closed, isolating the people, and creating emergency conditions due to fuel shortages that have made electricity available only in very limited amounts.

The results are horrifying: sewage in the streets, insufficient power to run machines needed to keep the terminally ill alive, fuel shortages that virtually preclude economic activity, and closed borders that seal the fate of 1.6 million Gazans. Long before this dramatic further deterioration of life circumstances, observers were calling Gaza the largest open air prison in the world.

Israeli theft of Palestinian water and gas

The wrongful appropriation by Israel of Palestine’s water, land and energy resources has been a massive crime against the Palestinian people…

[Q] What is the UN doing to protect Palestine’ s precious aquifers and offshore gas field from being plundered by the Israelis?

[A] Again, the UN has no independent capability, or ever will, to challenge Israel or to protect Palestinian rights. It is a case of geopolitical manipulation and Palestinian victimization. The wrongful appropriation by Israel of Palestine’s water, land and energy resources has been a massive crime against the Palestinian people that has been continuous with the occupation that commenced in 1967.

[Q] Why is the requirement, often repeated, to allow Palestinians free and unfettered movement in and out of Gaza not implemented? Gaza and the West Bank are supposed to be a contiguous territory but, for example, Palestinian students in Gaza are prevented from attending their excellent universities in the West Bank. And why are Gazan fishermen still restricted to a mere fraction of their territorial waters, despite agreements to the contrary, and regularly fired on? Why is Israel not prosecuted for acts of piracy in international waters against humanitarian traffic to Gaza?

Israeli military dominance, as politically reinforced by American geopolitical muscle, overrides all of these Palestinian claims of right… Such injustice and suffering can only be challenged by Palestinian resistance and international solidarity.

[A]  As earlier, the hard power realities of Israeli military dominance, as politically reinforced by American geopolitical muscle, overrides all of these Palestinian claims of right. In this respect, such injustice and suffering can only be challenged by Palestinian resistance and international solidarity. The specific abuses can and should be delimited to raise public awareness and contribute to the mobilization of support for the Palestinian struggle, but it is pointless to expect the UN to do more than its capabilities allow. The whole structure of the organization, combined with the method of funding, gives geopolitical pressures great leverage in relation to specific situations. The veto power given to the permanent members of the Security Council is a major expression of this weakness that was built into the constitutional structure of the UN from the moment of its establishment.

“Nuremberg Promise has not been kept”

[Q] People reading what you say here will be alarmed that US geopolitical power and Israeli military might can so easily override international and humanitarian law. After Nuremburg our legal institutions were strong enough to bring Nazi era criminals to book, but present-day war criminals walk free and thumb their noses. What hope is there for mankind and our brave new world if this is allowed to continue?

The bottom line is that we live in a world in which the primacy of hard power prevails in the relationship among states.

[A] The Nuremberg experience was based on “victors’ justice”, holding the defeated leaders after World War II criminally accountable, while exempting the crimes of the victors from accountability. There was a promise made at Nuremberg that in the future the rules by which the Germans were judged would be applicable to all who committed state crimes in the future. This Nuremberg Promise has not been kept. The political and military leaders of the main states enjoy impunity while the leaders of defeated countries (e.g. Saddam Hussein, Slobodan Milosevic) or sub-Saharan African countries are prosecuted by international tribunals. Double standards prevail, and it is questionable whether an international criminal law that punishes the weak and exempts the strong is to be treated as legitimate, even if those accused receive a fair trial and are convicted and punished only if they were guilty of grave misconduct.

The bottom line is that we live in a world in which the primacy of hard power prevails in the relationship among states. Geopolitical leverage enables Israel to defy the most basic principles of international law, and yet their leaders are not held accountable. There are only two paths available that challenge this result. National courts can be empowered by what is called “universal jurisdiction” to investigate, indict, prosecute, convict and punish anyone accused of state crime that can be personally delivered to the relevant court. In 1998 the Chilean dictator was detained in London after the Spanish government requested that [Augusto] Pinochet be extradited. After lengthy litigation it was found that Pinochet could be extradited for torture committed during part of his reign, but in the end he was sent back to Chile because of health reasons, and never faced trial in Spain. Yet such a possibility exists in relation to Israeli political and military leaders, and seems to have discouraged their travel to countries whose criminal law contains the authority to invoke universal jurisdiction.

The other possibility is by convening a peoples tribunal of the sort constituted in the past by the Bertrand Russell Foundation in Brussels and the Lelio Basso Foundation in Rome. The Russell Foundation sponsored four sessions devoted to various allegations of criminality attributed to the government of Israel. It produced convincing documentation of the charges, and issued judgements that called for civil society initiatives. Such a tribunal, although acting on evidence and in accord with the relevant provisions of international criminal law, possesses no formal authority and lacks implementing capabilities. Its role is limited to documenting the case against a government, and providing symbolic support to those who contend that there have been violations of international criminal law. Such outcomes may influence public opinion, and help change the balance of political forces by undermining the legitimacy of an established order of oppression as exists with respect to Israel’s relationship to the Palestinian people and the denial of their collective right of self-determination.

Palestinian disunity

[Q]  What are the chances as you see them for achieving unity between Fatah and Hamas, and how should the Palestinians play their cards in future?

The “politics of fragmentation” designed to undermine Palestinian unity… has been alarmingly successful.

[A] There is a near unanimous belief among Palestinians and their supporters that unity is needed to move the struggle forward. Such unity existed throughout the early decades of the Palestinian national movement, despite many ideological differences relating to tactics and goals, but within a shared resolve to achieve national liberation. The unifying image provided by Yasser Arafat’s uncontested leadership was also important.

Israel has pursued a policy I describe as “the politics of fragmentation” designed to undermine Palestinian unity, and it has been alarmingly successful. Oslo contributed to this end by dividing up the West Bank into Areas A, B and C, by splitting the administration of Gaza off from the rest of Palestine. The emergence of Hamas highlighted Palestinian fragmentation, a result welcomed by Israel even as it was condemned. Fatah appears to have been inhibited in reaching some kind of functional unity with Hamas by pressures to refrain from such moves mounted in Israel and the United States. So long as Hamas is treated as a terrorist organization, even in the face of its turn from armed struggle and entry into the political process back in 2006, there will be strong opposition to moves towards unity…

Deflection by defamation

[Q]  Finally, Richard, your robust defence of Palestinian rights has ruffled many feathers and led to demands from “the usual suspects” for your dismissal. Should the people you speak up for be concerned about this?

[A] The attacks on me, and others who have tried to bear witness to the directives of international law and political justice, are part of a deliberate campaign by Israel, and its cadres in civil society, to deflect attention from the substantive grievances of the Palestinian people. It is what I have described as “the politics of deflection”, go after the messenger so as to deflect attention from the message. The media have been largely compliant as have Israel’s powerful governmental friends, including the United Kingdom, US and Canadian governments. Of course, many NGOs and elements of the public push back against such tactics. In my case the defamatory efforts of UN Watch, in particular, have been unpleasant, but have not altered my effort to do the job of witnessing to the best of my ability and in accordance with the canons of truth telling.

Those of us living in comfort should not turn our gaze away from the children of Gaza this Christmas.

[Q] Thank you for being so generous with your time and sharing your assessment of the situation. But before you go, what sort of Christmas can the children of Gaza look forward to?

[A] We can only imagine the horror of Christmas this year in Gaza for young and old alike: from life amid raw sewage to freezing cold, scarcities, desolation and a sense that the world is elsewhere, indifferent to such acute suffering, such sustained injustice, such blind hate.

And yet also knowing many Gazans makes me believe that even in such dire circumstances there remains space for some laughter, and much love, and that such a spirit of resistance lives on among the children of this place haunted by the evils of our world. If present these days in Gaza it would likely make me feel a mystifying blend of sadness and inspiration.

At the very least, those of us living in comfort should not turn our gaze away from the children of Gaza this Christmas: we should demand empathy from our leaders and be as personally attentive as possible, whether by commentary, prayer, donations, a compassionate scream! We should not allow these days of celebration and renewal to pass this year without moments of reflection on selfish joys and cheerful carols, as contrasting with the miserable destiny bestowed upon the innocent and abused children of Gaza

Let us look the children of Gaza in the eye if we can. And if we can’t, as I could not, seize the moment to reflect on what it means to be (in)human during this holiday season.

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