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The Colonna Report has shown Israel’s allegations against UNRWA to be untrue. Now it’s time to restore support and funding

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In this blog, ISS Professor of Humanitarian Studies Thea Hilhorst reacts to the publishing of the Colonna Report into allegations of partisanship at UNRWA – the UN Relief and Works Association for Palestinian people. Former French Foreign Minister Catherine Colonna launched the report into allegations from Israel that UNRWA was no longer neutral in the ongoing conflict, and that UNRWA workers had contributed to the October 7th attacks on Israel. Now that the Colonna report has found these allegations to be mostly untrue, it is time for big donor countries like the Netherlands to follow the lead of others like the EU and restore funding to the organization. Moreover, the Netherlands should be more vocal in its support of the international organizations that help to uphold a rights-based regime.

Three months ago, Israel made it known that 12 employees of UNRWA – the humanitarian assistance organization set up by the UN for Palestinians – had taken part in Hamas’ attacks in southern Israel on October 7th. Israel then also accused UNRWA of being partisan in the ongoing conflict. UNRWA immediately swung into action: the employees were fired, and a large inquiry was launched into the neutrality of the organization, led by former French Foreign Minister Catherine Colonna. Despite this more-than adequate response to the accusations by UNRWA, Israeli diplomatic pressure led several countries to immediately distance themselves from the organization and stop its funding. One of these was the Netherlands.

Throughout February and March of this year, funding was gradually restored by countries and organisations including the EU. This was because Israel hadn’t (and still hasn’t) provided proof of its claims against UNRWA. The resumption of funding was also a sign that it is nearly impossible to get adequate help to Gaza without UNRWA’s cooperation, all this occurring against a backdrop of famine in the territory. Still, up to this day, there is too little humanitarian aid getting into Gaza. However some donors, including the Netherlands and USA, have continued to withhold funding from UNRWA.

The Colonna report was presented on Monday, and it confirmed that Israel had not provided any evidence to support claims that UNRWA is partisan in the conflict. UNRWA has a range of mechnaisms and procedures in place to check its own neutrality, indeed more than many other organization. It is indeed vulnerable to criticism around its neutrality, and the Colonna report did recommend some improvements in this regard. I hadn’t expected any other conclusions to be drawn than those that were: Israel has made a habit of looking to incriminate and sling accusations at the UN in general, and UNRWA specifically. And now, when the people of Gaza need help more than ever, Israel has undermined the international support for UNRWA. Instead of helping to facilitate humanitarian aid to the people of Gaza, Israel has instead tried to paint the UN as partisan, or indeed contributing to the conflict. The UN is simply doing what it must: treating Gazans as people with human rights, and acting as it does best: bringing in aid and distributing it. It’s because of these functions that Israel is trying to delegitimize it.

When the Netherlands withdrew its support from UNRWA in January, the (Demissionary) Minister Van Leeuwen said that the move was mainly a political signal – as the Netherlands has already sent its monetary contribution for the year. But for me, that signaling is also wrong. In a conflict we need to take decisions based on as much fulsome information as possible, and not follow propaganda. By taking the word of a party to the conflict above that of an the UN, the Netherlands undermines the legitimacy of the UN.

The ”never again” said after the Second World War refers to a wish for the world not to see another group of people pursued and persecuted. It foreshadowed the creation of the UN, creation of an international Human Rights architecture, and a more comprehensive international court system (for example in The Hague). The various allegations made against UNRWA have been comprehensively undermined by the research compiled by the Colonna report and commission. It is time, then, for the Netherlands to restore support to UNRWA, and the give full-throated support for the UN. This will have the double effect of further bolstering the international regime that we have contributed to building, based on the qualities of peace, justice, and protecting the victims of conflicts.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Dorothea Hilhorst is Professor of Humanitarian Aid and Reconstruction at the International Institute of Social Studies of Erasmus University Rotterdam. She is a regular author for Bliss. Read all her posts here.

Dorothea Hilhorst

Dorothea Hilhorst

Are you looking for more content about Global Development and Social Justice? Subscribe to Bliss, the official blog of the International Institute of Social Studies, and stay updated about interesting topics our researchers are working on.

Language in the War on Gaza

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[vc_row css=”.vc_custom_1592900783478{margin-right: 0px !important;margin-left: 0px !important;}”][vc_column css=”.vc_custom_1592900766479{margin-right: 10px !important;margin-left: -10px !important;}”][vc_column_text]Israeli and other world leaders are continuing to make claims in their attempt to justify the war on Gaza — statements that appear to be true and are taken at face value while they are in fact dangerously deceptive, writes Dubravka Žarkov, who argues that politicians outside Israel are far from powerless to stop the bloodshed in Gaza. But for that to happen, some hard truths have to be taken into account.[/vc_column_text][vc_single_image image=”28081″ img_size=”large” add_caption=”yes” alignment=”center”][vc_column_text]Israel’s political and military leaders have produced so many outright lies regarding Gaza and Hamas that it might seem there is no point in wasting one’s breath on them. Consider the following statements and the contrary evidence for those not yet convinced:

  • The IDF does not deliberately target civilians, journalists, medical facilities and staff, or restricts aid. In fact, the IDF has deliberately targeted civilians (as widely reported), journalists (as Human Rights Watch has detailed), and medical personnel (according to Amnesty International). It has also put various restrictions on aid.
  • The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) is harboring among its employees Hamas militants who took part in the October 7 massacres. Yet, Israel has not shared any information or evidence to back up its assertions while UNRWA has screened its 13,000 staff in Gaza on a biannual basis.
  • Israel’s declared war on Gaza and the ongoing, undeclared war against Palestinians in the West Bank are “against Hamas” and “terrorists.” In fact, multiple Israeli governments, including the current one, have committed to appropriating all Palestinian territory and committing genocide against the Palestinians currently living there.
  • Iran is the main financier and supporter of Hamas. In fact, other entities like Qatar have been the main supporters of Hamas, and Israel too was instrumental in creating Hamas to divide Palestinian sympathies.

Other statements, however, made by Israeli and other world leaders, that may appear to be true, and that continue to be taken at face value, are in reality dangerously deceptive. Their aim is to justify Israeli politics regarding violence towards Palestinians, actions in support of the current war, or inaction in stopping it. Careful examination of a few of these will expose the ways in which such statements operate.

Dictionary of Deception

Probably the most repeated statement proffered by Israeli politicians and their supporters is that Hamas and Palestinians in general deny the Israeli state’s “right to exist.” This statement entirely ignores – and diverts attention away from – the unquestionable reality that Israel has existed as a state since 1948 and continues to exist, whether or not Hamas or anyone else objects to it.

At the same time, the Israeli complaint occludes the reality that it is Palestine whose right to exist as a state has long been denied. Although the majority of world governments have recognized Palestinian statehood, the State of Palestine has only an observer status in the UN. This is so because Israel and the United States, Canada, Australia, and an absolute majority of  European states have refused to recognize Palestinian statehood (though this might change in future). Israel’s current government has explicitly and loudly proclaimed that it has no plan to recognize a Palestinian state. It is, thus, Israel that denies any Palestinian state’s right to exist.

Instead, Israel is expanding the occupation of Palestinian territory, and when faced with resistance, it asserts its own “right to self-defense.” However, in 1983, the UN General Assembly explicitly affirmed Palestinians’ right to self-defense “by all available means, including armed struggle,” a right they share with all nations under “colonial domination, apartheid and foreign occupation,” as asserted in the Geneva Conventions. This right does not include violence against Israeli civilians, which Hamas militants have perpetrated. Such violence may qualify as war crimes. Nevertheless, the Geneva Conventions make clear that the “right to self-defense” belongs to the occupied, not the occupier. Any military or police action taken by an occupier against the occupied – even when the occupied uses violence against occupation – is violence, not self-defense.

Another instance of Israeli deception can be seen in Israeli politicians’ regular insistence that Palestinian schools teach their children to hate Jews. UNRWA – the main sponsor of education in the West Bank and Gaza – was accused of spreading incitement of violence and hatred of Jews in their textbooks. However, the European Union review of Palestinian schoolbooks has concluded that they include “a strong focus on human rights… express a narrative of resistance within the context of the Israeli-Palestinian conflict and…display an antagonism towards Israel.” None of this equates to hatred of Jews. The accusation of Palestinian schoolbooks spreading hatred is also debunked by The European Middle East Project.

The EU report further notes that textbooks produced by Israeli authorities removed “entire chapters on regional and Palestinian history”, which “fundamentally changes the [Palestinian] national narrative.” Israeli state school books often simply ignore the Palestinian presence, and perpetually depict Israel and Jews as victims of Palestinian and Arab enemy.

No wonder, then, that Israeli girls sing about the annihilation of Gaza on an online Israeli TV program, and Israeli soldiers in Gaza make videos broadcasting their mocking, humiliation, and killing of Palestinian civilians as well as their destruction or looting of Palestinian property. These soldiers are not necessarily right-wing Zionists like some of the Jewish citizens blocking aid to Gaza or trying to build houses within Gaza’s borders. Nor are they necessarily the Jewish settlers from the West Bank. Many of them are just ordinary citizens. But in their ordinariness, they provide a frightening and accurate picture of Israeli society’s general views of Palestinians. This is why a majority of Israeli citizens support the genocide in Gaza even if they do not support Israel’s prime minister and his government.

Finally, contrary to their lament of “grave concern” for “suffering in Gaza,” and their often self-serving statements, politicians outside Israel are far from powerless to stop the bloodshed in Gaza. Even within the classical diplomatic arsenal, individual states can expel Israel’s ambassadors and recall their own. They can impose sanctions or boycott Israeli businesses, politicians, cultural and sports representatives (as they have done, with vigor, with regard to Russia and Russians). They can stop their arms exports to Israel, sever economic relations, and multiply their financial support for humanitarian organizations operating in Gaza (rather than cutting that support). Only a handful of states have actually recalled their ambassadors from Israel. No Western state is among them, and except Bahrain, no other rich Arab state.

How can it be that the people who have demonstrated endlessly in support of Palestinians—and have identified and urged many of these measures—know more than powerful heads of state about strategies to stop the genocide?

The answer, of course, is that governments do know. And that reality brings us to some hard truths.

Hard Truths

Palestinians have no friends among Western governments. They have known this hard truth for a long time, and their knowledge has been confirmed in a most dreadful way. Even though a few European countries (like Spain and Ireland) have used very sharp language against Israel, they have taken no steps that would protect the lives of Palestinians in Gaza and in the West Bank. The United States and a few Western governments have bragged that they have imposed (travel and banking) sanctions on a few Jewish settlers and settlements. But this is a ludicrous substitute for effective action. Some Western leaders and governments now face court cases, brought by pro-Palestinian human rights organizations and lawyers, charging that they have violated both domestic and international laws by supporting Israel’s genocide in Gaza (by supplying of ammunition to Israel), or by their failures to stop it. But, thus far, judicial interventions have not brought effective protections to the victims of genocide.

Palestinians also do not have friends among Arab governments, nor should they expect any. Their “Arab brothers” have expressed “deep concerns” about the Palestinian plight, but they have other, more important concerns, such as importing Israeli surveillance technology to keep checks on political opponents. Saudi Arabia, who long held to a policy of linking normalization with Israel to Israel’s recognition of the Palestinian state, now speaks only about a “path to Palestinian statehood.”

This means that Palestinians need their own new political force to achieve both formal recognition of statehood and peace with Israel. Are either of these two goals feasible? For now, there is no sign that various Palestinian factions will achieve unity, which is an absolutely necessary precondition to any long-term, sustainable Palestinian state. Hamas and Fatah have held numerous talks to no avail. Clearly, it is not easy to reconcile secular and Islamist worldviews, ideas of governance and ideals of societal relations. Even various Islamist factions do not see eye to eye. But without such unity, prior to the end of genocide and occupation, post-genocide and post-occupation Palestine will descend into internal violence and struggle for power. As for peace with Israel, the state of affairs in twentieth-century post-genocide societies does not offer grounds for much optimism. Genocides do not destroy only people, their cultures, and their histories. They destroy hope and imagination, too, which are necessities for building peace.

Israel, too, needs a new political force to build a totally new national narrative based on language from a dictionary very different from the dictionary of deception. The Israeli public’s overwhelming support of the destruction of Gaza, occupation of the West Bank, and expansion of settlements means that creating such a new political force and language could take generations, if ever. Still, it is possible to imagine that one day an Israeli public that is currently supporting the annihilation of Gaza may begin asking itself: “How has a state created to give hope to survivors of genocide turned into a perpetrator of genocide? What have I given my voice to and what have I been silent about?”

Unless and until this happens, there is no hope for either Israel or Palestine. Nor for the world within which all of us exist.[/vc_column_text][vc_column_text]Reprinted from Foreign Policy in Focus with permission.[/vc_column_text][vc_separator color=”black”][vc_column_text]Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.[/vc_column_text][vc_separator color=”custom” accent_color=”#0a0100″ css=”.vc_custom_1713256251608{margin-top: -15px !important;margin-bottom: 10px !important;}”][vc_column_text css=”.vc_custom_1713255941005{margin-top: 0px !important;}”]

About the author:

Dubravka Žarkov retired in 2018 as an Associate Professor of Gender, Conflict and Development at the International Institute of Social Studies, Erasmus University of Rotterdam, the Netherlands where she taught feminist epistemologies, conflict theories and media representations of war and violence. Her books include The Body of War: Media, Ethnicity and Gender in the Break-up of Yugoslavia (2007) and the co-edited collection Narratives of Justice In and Out of the Courtroom, Former Yugoslavia and Beyond (with Marlies Glasius, 2014). She was a co-editor of the European Journal of Women’s Studies. She lives in Belgrade, Serbia.

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Gaza is now threatened by acute famine — we need to keep calling for a ceasefire and food aid concessions

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The number of people unable to access food in Gaza continues to grow despite urgent calls for a ceasefire and the opening of borders to humanitarian aid organizations. In this blog article, Dorothea Hilhorst highlights the social and societal consequences of famine, showing why it is imperative to act immediately and concertedly. As people grow more desperate, social and societal order begins to break down — something that must urgently be acknowledged and prevented through an immediate ceasefire and the unrestricted opening of Gaza’s borders to aid. If we don’t, Gaza can shortly face acute famine, she writes.

 

Palestinian crowds struggle to buy bread from a bakery in Rafah, Gaza Strip, Sunday, Feb. 18, 2024. (AP Photo/Fatima Shbair)

 

The United Nations has declared that the north of Gaza is at immediate risk of famine. Vice-President of the European Commission Joseph Borrell along with many others holds Israel responsible for this development. Israel, meanwhile, has referred to the ‘chaotic’ scenes that surrounded previous aid deliveries as the cause of growing hunger. A more realistic reading of the situation is that the chaos is not a cause of acute hunger, but a direct consequence of it. We can all use our own imagination of what famine means for the health of people that experience it, yet famine is a multi-sided phenomenon that has both social and societal consequences. Understanding these consequences should only increase calls for an immediate ceasefire and the opening of Gaza’s borders to humanitarian aid organizations.

One step away from acute famine

Malnutrition and hunger is classified by the UN in five ‘phases’— with the first phase representing complete food security, and the second and third phases representing growing malnutrition. The fourth phase, which was declared in Gaza several weeks ago, is referred to as a ‘nutritional catastrophe’. The fifth phase is acute famine, whereby more than 20% of the general population are affected by acute hunger and/or 30% of children suffer the same, and/or two in 10.000 die every day as a direct result of hunger.

The phases are paired with social and societal symptoms. Usual social order is seen to continue in the second and third phases, where people generally still feel like they have a part to play in a society and feel part of a community. In this phase, a family might be prepared to share the contents of their food aid package with a vulnerable neighbour. Local government continues to function and can make sure that food is distributed effectively.

Social cohesion breaks down when food scarcity persists

The fourth phase changes all of this: when there is catastrophic food scarcity, people tend to narrow their social gaze and everything in their lives revolves around their own family, and especially their children. This effect of this is logical and rational: if a food aid truck comes to where you live (or are sheltering), you’ll try to do anything to access some of the limited supplies available. Whether it’s by pushing, shoving, or indeed fighting, people will do anything to make sure that their children can eat. In this situation, people might steal food from their neighbours rather than share it. Local government officials are also caught up in this need —if police officers for example need to feed their families, they will prioritize that over maintaining social order.

Indeed, we have witnessed these symptoms in Gaza too in the last weeks. When aid deliveries do make it through the border, they become scenes of chaos and fighting.  At the societal level, the situation is exacerbated because fewer and fewer Gazan police officers are able to work due to the war. They are at high risk of being shot because whoever wears an official uniform in Gaza runs the risk of being identified as a Hamas militant. Several police officers have been shot dead due to this.

A lack of food aid will lead to more chaos, not less

A reaction to the chaos and fighting during aid deliveries has been to strangle off the amount of food aid that is allowed into Gaza and to seal shut the borders of the territory. In the last month, there have been even fewer (not more!) deliveries of food aid through the border despite the clear call by the International Court of Justice to admit more aid. This is exactly the wrong policy response: the fighting and chaos at distribution points is not a specific characteristic of Gazans but a logical consequence of the fourth phase of a food crisis — one where everyone is desperately focused on the immediate needs of their own family and children. Both you and I would likely react in the same way in similar circumstances. The only way to remedy this situation is to immediately distribute more food in order to move the food crisis back to a less dangerous phase.

This is not happening. What we’re seeing now is a move further away from this because Gaza is being further sealed off by Israel. The territory is sliding towards phase five — acute famine. From a societal angle, this will be paired with full social disruption and breakdown. I can already foresee comments of Gaza having become completely ‘uncontrollable’, as if this is some innate quality of the Gazans. In reality, though, this will be an unavoidable consequence of famine. The only effective strategy left to help Gazan people is an immediate ceasefire and the opening of borders to humanitarian aid.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Dorothea Hilhorst is professor of Humanitarian Studies at the International Institute of Social Studies of Erasmus University.

What can be done to address healthcare violations in Gaza?

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On 29 February 2024, I presented in a panel at the Erasmus Medical Centre in Rotterdam on “The right to healthcare under fire”. The event was organised by Artsen Voor Gaza (Doctors for Gaza) a Dutch group of physicians, medical students and medical researchers. Alongside compelling presentations from Dr. Loes de Kleijn, Dr. Kamal El Mokayad and Haya Al Farra, I spoke of the legal context of the ongoing, genocidal violence in Gaza and more importantly what can be done.

CC BY-SA 3.0 via Wikimedia Commons

The War in Gaza has a context

Since the attacks in Southern Israel and Israel’s operation in Gaza called “Iron Swords” from October 2023, Israel has destroyed the majority of Gaza’s infrastructure, including its medical infrastructure. As I wrote already on 12 October 2023, the war in Gaza has an important context. Unfortunately, as the Israeli Professor of History Ilan Pappe has observed, there is an active effort to de-historicize the conflict, which serves as a backing to Israel in its genocidal violence against Palestinians in Gaza.

Despite Israel’s withdrawal of settlements and redeployment of forces in 2005, Israel has continued to occupy the 365 km2 territory of Gaza, including mounting a siege that has severely restricted basic needs. The majority of Gazans are under the age of 20 and have never left the territory. Most are refugees (and their descendants), forcibly displaced from their homes in 1948, which are maintained by what a Palestinian Professor of History, Nur Masalha describes as a politics of denial.

From a humanitarian angle, most Gazans have been largely dependent on direct United Nations assistance ever since the ‘Nakba’ in 1948, and in particular the United Nations Relief and Works Agency (UNRWA). This makes it all the more concerning that states have been seeking to defund UNRWA, following (as yet unfounded) Israeli allegations that its staff were complicit in the October attacks, a move described as “reckless” by a senior, Washington-based analyst.

 

“I am so scared”

So often we hear Palestinians referred to as statistics. While this potentially enables people to process the horrors of what is happening, as the poet and commentator Ramsey Nasr reminds us, those who have been killed had names, and we must remember them.

Two names and stories of two Gazans among the more than 30.000 (at the time of writing) who have been killed since October 2023 were recalled during the Event at Erasmus Medical Centre. One who was remembered was Hind Rajab. She was 5 or 6 years old when her family car came under fire by Israeli soldiers in Gaza City on 29 January 2024, she made a phone call to the Palestinian Red Crescent. “I am so scared,” she said. “Call someone to come get me, please.” Sadly, after more than two weeks of frantic efforts to reach her, Hind’s body was recovered a few days later on 3 February, along with those of relatives and two Red Crescent rescue workers that had been sent to find her. Their family car was riddled with bullets.

Another Gazan who was remembered was Refaat Alareer, a Palestinian Professor, poet and activist from Gaza who taught English literature at the Islamic University of Gaza.

 

The Functions of International Law in relation to Atrocity Crimes

The case brought by South Africa against Israel on genocide charges has raised the prospect of international law, and international legal institutions, finally serving to help end the bloodshed and longstanding impasse between Israel and the Palestinians. In this context, it is worthwhile to understand the functions of international law in seeking to prevent, protect against and seek accountability for atrocity crimes.

First, in its regulatory function, international law sets limits on military conduct, in particular to prevent the commission of atrocity crimes, including the crime of apartheid and the crime of genocide. Secondly, in its protection function, international law aims to protect civilians and humanitarian workers (and civilian and humanitarian infrastructure). Finally, and perhaps most importantly in the present context, international law has an accountability function; this comprises a collective obligation to investigate and prosecute individual violators, including war crimes directed against civilian medical personnel and the crime of genocide.

Accordingly, various, specific measures protect medical personnel and infrastructure, including Article 19 of the Geneva Conventions that they “may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict”. Article 8 of the Rome Statute of the International Criminal Court provides that individuals who are found to have been “intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law” have committed war crimes.

 

Preliminary Measures by the International Court of Justice

After two days of oral hearings on 11 and 12 January 2024 from legal teams representing South Africa and Israel, the ICJ came back on 26 January with a set of Provisional Measures, as requested by South Africa. Each of the Provisional Measures were separately voted upon, all of which received an overwhelming majority, including the following:

“The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”

In justifying these measures, the Court “took note” of several statements by United Nations officials, including a statement made by the United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Mr Martin Griffiths, on 5 January 2024:

“Gaza has become a place of death and despair… Medical facilities are under relentless attack. The few hospitals that are partially functional are overwhelmed with trauma cases, critically short of all supplies, and inundated by desperate people seeking safety.  A public health disaster is unfolding. Infectious diseases are spreading in overcrowded shelters as sewers spill over. Some 180 Palestinian women are giving birth daily amidst this chaos… “the health-care system in Gaza is collapsing”.

 

So, what can be done, beyond the Courts?

It’s hard not to feel sceptical about the potential of the Courts to change Israel’s behaviour. Israel’s responses since the 26 January 2024 Preliminary Measures were issued suggest that the ICJ has little to no deterrent effect. In fact, Israel not only failed to comply with these preliminary measures, it actually stepped up its military campaign. 5-year old Hind died a mere 3 days after the ICJ issued its judgement.

But international law has relevance beyond the courts. As legal mobilization researchers argue, international law can be seen as not only an imperial project, as Erakat eloquently explains, but also as a legitimate source of disruption, resistance and liberation.

For example, international law represents a legitimate basis for boycotting corporations that are complicit in atrocity crimes, such as Israeli Universities and McDonalds, just as was done during the South African anti-apartheid movement.

Another form of legal mobilization, as Dr. Claudia Saba has argued, is the delivery of humanitarian aid, as the “Free Gaza” movement have been doing, using small civilian boats to try and alleviate the desperate circumstances caused by Israel’s decades-long siege of Gaza.

Further forms of legal mobilization are protests and sit-ins, as the Public Interest Litigation Project has been preoccupied with, and what Doctors for Gaza in The Netherlandshave been engaged with since October 2024.

In other words, addressing violations of the right to health care through legal mobilization involves more than just “winning” in court. It takes on many different forms. These different forms of legal mobilization serves to galvanise social justice struggles.

What legal mobilization will not do is bring back the hundreds of health workers who have been killed in Gaza, let alone Hind Rajab or Refaat Alareer. However, it may serve to hold those responsible for killing them.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Dr. Jeff Handmaker is Associate Professor of Legal Sociology, based at the International Institute of Social Studies in The Hague.

 

Are you looking for more content about Global Development and Social Justice? Subscribe to Bliss, the official blog of the International Institute of Social Studies, and stay updated about interesting topics our researchers are working on.

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Give Israel an ultimatum: “A ceasefire, and open the borders for aid, or else”

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In this blog, Professor of Humanitarian Studies Dorothea Hilhorst assesses the situation in Gaza and the lack of humanitarian aid entering the territory. With various countries, including the US, now launching campaigns of air-dropping food aid, Hilhorst looks to the only durable solution to avert further loss of life: an immediate ceasefire. With Israel still enjoying the support of many Western countries, she calls for pressure to be put on by the Netherlands, telling Israel to lift its blockade or lose aid and support.

Image by Palestinian Red Crescent

Gaza is hungry and needs assistance. People are surviving by eating cattle feed or grass, children are starving to death and searches for food often end in injury or death through Israeli shelling. The international community is looking for complicated solutions to get food into the country: using aircraft to drop pallets of aid, or building an emergency port for the supply of ships that can bring food to Gaza. These are bogus solutions, and it is time to go for the real solution: a ceasefire and the opening of the borders for unhindered access of aid-delivery by the hundreds of trucks waiting in Rafah.

Food-drops are expensive, dangerous and make little difference. The amount of food is far too small and the first accident has already happened. People died as a result of a drop that crashed when the parachute did not open. Building an emergency port also costs time and money, and there is no guarantee that any food brought in would reach people unhindered (food from an emergency port would need trucks to distribute it). Air drops and a maritime route are false solutions that distract attention from the real problem: namely that Israel is not being held responsible for the hunger that the country causes among two million men, women, children and elderly Gaza people.

 

International Pressure is Needed

We are being told every day by Israel-friendly countries such as the Netherlands, the EU and the United States that are putting pressure on Israel to call a ceasefire and to open its borders for aid trucks. This is apparently not enough pressure, because Israel continuously refuses and is allowed to come up with new excuses every time. There has been a ruling by the International Court of Justice that Israel must facilitate humanitarian aid. Israel did not comply. Since that ruling, the number of trucks allowed to bring aid to Gaza has actually decreased, not increased.

Israel’s defence for the closure of the borders is that this is necessary for Israel’s security. Israel first did not want weapons to be smuggled into Gaza for use by Hamas – which is extremely unlikely as the control of aid supplies is by the United Nations and other organizations. Israel is now shifting the goals: no food is allowed to go to Hamas. It is pointing at the chaos surrounding the distribution of food, glossing over its own role in that chaos. Firstly, Gazan police cannot maintain order because Israeli troops fire on everybody with a uniform and secondly, the chaos results from the fact that people are hungry because the borders are closed. Most importantly, it is not allowed by international law, nor by any moral standard, to starve an entire population to withhold food from a limited number of enemy troops.

The basic principle of International Humanitarian Law is that warring parties must spare civilian lives. This refers to acts of war as much as to acts of commission or omission that result in the blocking of access to food or medical care. While this is the basic principle, Resolution 2417, unanimously adopted in 2018 explicitly forbids using hunger as a weapon of war. Israel’s responsibilities to protect civilians furthermore stem from its role as the occupying force in the Palestine Occupied Territories, putting the onus on the country to care for the occupied population.

The pattern I see is that the international community continually lets Israel get away with dodging these responsibilities. Israel keeps the border closed, and as a response the international community jumps to make every effort to reach the population. It is the international community that is dreaming up (impossible) solutions like air drops and an emergency harbour and is also picking up the bills for these efforts. In the first weeks of the war, Israel destroyed the port in Gaza. The Netherlands contributed 83 million Euros towards constructing that port in the past. Instead of sending an invoice to Israel in the framework of reparation of war-related destruction, the Netherlands has offered to help pay again for an emergency port that would not even be needed if Israel would open its borders for aid.

My conclusion is that the international community must break this pattern and stop finding bogus solutions. The time to politely request Israel to call a cease fire and to open its borders for aid is over. It is time for Israel to take responsibility as an occupier of Gaza and a warring party and pay the price. Israel is completely stuck in war rhetoric. Little can be expected from the United States in this election year. Therefore, the key lies with Europe and especially with the Netherlands, which claims to be one of the best friends of Israel. Issue an ultimatum: “A ceasefire and unhindered aid by tomorrow, and otherwise all ties will be cut: no trade, no weapons and no diplomatic support for a country that is willing to starve 2 million people for its war targets”.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the Author:

Dorothea Hilhorst is professor of Humanitarian Studies at the International Institute of Social Studies of Erasmus University.

 

 

 

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Scholars stand for Palestine: 42 ISS MA Graduates (2022-2023) call for mobilization in support of Palestine

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On the 20th of December 2023, the MA students of ISS (cohort 2022-2023) celebrated their graduation. For them, the day of joy and pride was overshadowed by world events and a number of students made a statement in support of the Palestinian cause in relation to the current conflict in the region. As the statement was made on behalf of a large number of students, the editorial board of BLISS decided, at the students’ specific request, to publish their statement. We congratulate the students on their graduation and wish them well as they take the next step in their careers. This is the statement the students made:

MA-Graduation 2022-2023

Dear graduates, dear family and friends, dear ISS community,

We are gathered here today to celebrate our success in finishing our degree within the field of development studies. Besides celebrating all we have achieved and the futures that lay before us, we want to use this time and space to share our fears. We feel apprehensive to step out into the world in a hopeful manner. Rather, we feel conflicted.

Above all, at this institute, we have been taught to be critical and use our voices. Given the platform we have been granted here today, and as academics, through our degree, we feel responsible to speak up and no longer remain silent or neutral.

MA-Graduation 2022-2023

As we gather here today, an eliminatory assault is being waged by the state of Israel against the Palestinian people in Gaza. This is not hyperbole. After two months of shelling the strip indiscriminately, including the use of white phosphorus, the bombing of hospitals and schools, calling for millions to evacuate in active war zones, and cutting all access to food, electricity, water and medical supplies, Israel is now in the middle of a ground assault. This is both cynical and brazen. Its 18-year long siege has and continues to strangle the 2.2 million people stuck in 365km². This situation is not just confined to Gaza. Since the start of the war, over 250 Palestinians in the West Bank have been killed by the Israeli military and settler militias. Israel has bombed Syria and Lebanon, and the Middle East region now stands on the edge of war.

At the same time, western governments are beating the drum of war, while pretending not to see what is unfolding in front of our eyes. For decades, these western powers have blindly supported Israel – militarily, diplomatically, and economically and suppressed any actions of solidarity with Palestinians. The current crisis, the death, the destruction, and oppression is as much on their hands as it is on those of the Israeli state.

The first response by universities across the Netherlands, instead of encouraging discussion, debate, and informed analysis, was to call on people to refrain from doing so within their communities. It leaves us feeling confused and hurt if we think back to the response given by universities after the invasion of Ukraine. Mere days after the war had started, universities raised Ukrainian flags and published solidarity statements in support of Ukraine. In the current situation, those same institutes remain silent, or worse, actively suppress protest and concerns by students and staff, hiding behind claims of ‘neutrality’ and ‘careful assessment of the situation’. As Desmond Tutu remarked; ‘If you are neutral in situations of injustice, you have chosen the side of the oppressor.’

Right now, we must act. The priority of every single concerned university worker, student, and others is to mobilize in support of Palestine. We can’t watch this genocidal war happen in front of our eyes in silence. We must pressure our governments to withdraw all support for Israel’s massacre in Gaza and call an end to their complicity. Our actions matter in whether or not Israel is allowed to continue to flatten Gaza, expel and murder its inhabitants. 

MA-Graduation 2022-2023

As ISS students who were trained and shaped in a critical manner, it becomes an imperative to demonstrate our solidarity with Palestine. Our education empowers us not only to critique historical injustices but to actively engage in dismantling oppressive structures. Through our solidarity, we contribute to a collective effort that transcends borders, demonstrating that our commitment to justice extends beyond the classroom. There can be no justice under apartheid, no justice under colonial rule, no justice behind the barbed wire of an open air prison. We follow Dutch Scholars for Palestine’s lead in calling everyone to redouble our collective efforts to end the violent realities that Palestinians face, to increase the pressure on our institutions and governments, in order to hold Israel accountable for its crimes, and to end its colonial regime. We call on all of you to join us, and organize.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the authors:

  1. Cecilia Begal
  2. Carlie Kinnear
  3. Margaret Arney (Maggie)
  4. Muhammad Azka Fahriza
  5. Sydney Cohee
  6. Roos Saat
  7. Joelle Vetter
  8. Carlos Adams
  9. Dedy Susanto
  10. Marialuisa Borja L
  11. Smriti
  12. Rassela Malinda
  13. Madeleine Walker
  14. Eliana Melhem
  15. Salma Annisa
  16. Yusnita Silsilia Warda
  17. Patience Atanga
  18. María Fernanda Cossío Calderón
  19. Ismi Nabila
  20. Loke Wan-Kit
  21. Harjas Kaur
  22. Maria Caracciolo
  23. Rupankar Dey
  24. Melisa Try Hatmanti
  25. Ejiroghene Andrew Oruarume
  26. Mainak Bhattacarya
  27. Lok Yee Liona Li
  28. Marie Boscher
  29. Laura Mercedes Caicedo Valencia
  30. Ianira Pereira Cipriano
  31. Ting Yi Wu
  32. Haliza Lubis
  33. Catalina Mora Baquero
  34. Johanne Degenhardt
  35. Radha Sivasankaran
  36. Vrinda Poojari
  37. Eman Shaukat
  38. Andrea Catalina Medina Garzón
  39. Sara Asmar Salazar
  40. Hang Nguyen
  41. Catalina González Sarmiento
  42. Syeda Sayema Mayesha

 

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When genocide is reduced to a war of emotions: Personal reflections on academic debates and the war in Palestine by Dina Zbeidy

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Recently, universities and other institutions in the Netherlands have put a lot of focus on emotions of people in Europe when discussing the ongoing war on the Palestinians in Gaza. In this blog, Lecturer and Researcher Dina Zbeidy points out that while it is important to create space for emotions, this focus has the danger of shifting attention away from the actual atrocities happening on the ground, the topic these institutions should mainly talk about.

Photo by Mohammed Abubakr on Pexels

In a meeting about organizing events on the current war on Gaza, I noticed how I flinched and had an almost allergic reaction to the (over)use of the word ‘emotions.’ I have been reflecting on my reaction for the last few days to try and understand what exactly bothered me so much, as it was pointed out to me during that meeting that I myself have been very emotional these last three months.

And that is true. I have been an emotional wreck. How can you not be, when you wake up to the images of grey body parts sticking out of concrete rubble and go to bed with images of screaming burnt children and a more families wiped off the face of the earth.  I have felt it all: anger, sadness, frustration, powerlessness, exhaustion.

 

Reducing talking about war crimes to just emotive discussions

Recently, the Dutch minister of education sat with students and staff of academic institutions to discuss how best to organize and talk about what is happening. He urges academic institutions to keep the discussions open, as “you provide many students with an outlet to express their feelings and emotions”. He continues to say: “keep sharing knowledge, have discussions, and create understanding for each other’s perspective.”

From the first sentence, one can deduce that these events, whether panels, teach-ins, sit-ins or other activities, are mainly important as an outlet for emotions – more so than talking about facts on the ground and educating students in the Netherlands on grave ongoing violations of human rights and international law.

(Another thing one can deduce, that I will not address further here, is that talking about the war is framed as a ‘difference in perspective’).

During our meeting, we all agreed that there should be space for emotions. What I think is harmful, however, is reducing the war to a war of emotions (of some) rather than a war on Palestinians.

One example is the following argument that has been repeated in front of me several times these last months: we should refrain from using the term genocide because it might be hurtful to some people.

The assumption usually being that ‘some people’ refers to Israelis in the Netherlands or Dutch people of Jewish background or with family in Israel.

In other words: talking about an ongoing genocide can be hurtful to the feelings of others. That we should be very careful how we talk about the actual loss of life of children, families, parents, and grandparent, and refrain from naming it by what it is, as the feelings of others might be hurt.

My frustration came largely by realizing that civilians being killed in the thousands have to compete with other people’s emotions, and that in educational and academic institutions, these emotions seem to have the upper hand.

Nevertheless, more than 800 genocide scholars have already warned of the possibility of genocide, and the International Court of Justice will deliver its ruling tomorrow (26 January) on  whether in the legal sense, we can speak of genocide.

 

There is a big difference between creating space for expressing and letting out emotions, and reducing the talk about an unfolding genocide to emotions. 

One great place for me to let out and share my emotions have been protests and demonstrations. How powerful it is to know that what you feel is shared by thousands of others. The aim of such events is to show the public, including politicians, that we, in the thousands and globally in the millions, want this war, and the ongoing colonization and oppression, to stop.

When I participate at events, mainly organized by students and staff at academic institutions, I have found myself several times in tears, unable to finish a sentence because of these overwhelming emotions. And I decided early on during this war that I will not force myself to hide and suppress these emotions, not anymore. I loved that people told me that they understood my emotions, and that I should not apologize for having and showing them.

Nevertheless, the content of my talks and my contributions is not on what the war does to my emotions, or anybody else’s emotions for that matter. The topic at hand is not that of (our – we here, safe in Europe) emotions, but about Palestine and the genocide of a people.

I hope that academics, journalists, researchers, teachers, and students, remain vigilant to this distinction. Don’t let the talk about emotions distract us from what we, as part of society, can and should contribute to: facts, analysis, studies, and academic debates.  And yes, there should always be space for emotions – but they should never be (mis)used to oppose, or be silent on, genocide.

Photo Credit: Mohammed Abubakr: https://www.pexels.com/photo/people-with-palestinian-flags-protesting-on-the-street-19028556/

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

 

Dr. Dina Zbeidy is a Dutch-Palestinian anthropologist. She is a social science lecturer and researcher at the Leiden University of Applied Sciences. Having conducted research on various topics including  Zionism, settler colonialism, displacement, human rights and development work, mainly in the Middle East, her current research focuses on human rights education in the Netherlands.

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Fallout from Gaza: An academic community’s responses to the situation in Palestine

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Few regional conflicts have had as much of a global impact as the conflict between Israel and Palestine. Outbursts of violence, like the terrorist Hamas attacks and taking of hostages of October 7 and Israel’s massive retaliatory attacks since then, have sparked strong responses everywhere, including in our academic community at the International Institute of Social Studies. Having experienced those dynamics for two months now, it is time for some reflections. I offer mine, as rector of ISS, but obviously also as one human being among all.

Feeling

The first layer of responses in our academic community post-October 7 were emotional in nature. A number of students, PhD-candidates, and staff were not simply shocked or “uncomfortable” about what they saw. They were enraged by the sheer magnitude of the Israeli military response and the enormous humanitarian consequences for the Gazan population, including for so many children. This sense of rage stays on until today, fueled by what they regard as a lack of responsibility by other countries, by international organizations, and also by universities, including the ISS. ‘Why’, they asked, ‘do universities not explicitly condemn Israel’s actions that punish the whole Palestinian population in response to a terrorist act, speak out against genocide and apartheid, join the BDS-movement (boycott, disinvest, sanction Israël), and choose the side of the Palestinian victims of oppression?’

For me, this emotional layer is an important one, because it deals with our gut feelings, our moral intuitions, our fundamental stance when human dignity is trampled upon. It cannot be dismissed as ‘mere feelings’. It is also important because it signifies that we are all affected as human beings. To a degree we are experiencing a form of indirect and collective traumatization, which means that we don’t respond only rationally, but also from our fundamental instincts. Just like we cannot expect people in Gaza and Israel to respond in a purely rational manner to a life-threatening situation, we cannot expect those within our academic community to be fully rational when the foundations of morality and security are shocked.

Hence, the first thing we needed at the outset, to process this rage, was care and safety, not debates and fights. This holds true for those who have been personally affected because they have family and friends who have been living in Israel and Palestine. As university leaders, we immediately reached out to our staff, PhD candidates and students who we knew had a direct connection with the region. For example, we learned that one member of our academic community has lost more than 45 members of their family in Gaza in the past two months. We obviously missed a few people, because we didn’t always know each other’s connections, and this is something for us to reflect on for the future.

 

Thinking

Offering care for these feelings is not enough. As an academic institution, we are called to bring our knowledge and insight to a troubled and complex world. We have supported our scholars who have engaged in public appearances, for example on humanitarian issues and international rights and who have published opinion pieces. We organized a Teach-In just two weeks after 7 October at both our Hague (ISS) and Rotterdam (Woudestein) campuses, in which lecturers shared their insights on trauma, human rights, the position of children, the political economy and also the role of media in filtering information. These Teach-Ins, held at Erasmus University and other academic institutions, in which our faculty members also participated, helped not only to share knowledge. They also helped to transform a primarily emotion-driven response into one that also incorporated an academic and analytical attitude. By engaging with psychological, legal, humanitarian, historical, developmental and economic insights, we moved to a second layer of responses in which we asked ourselves how academics can contribute to thinking about a meaningful way of coping with the tragedies and cruelties we witness in the world.

The Teach-Ins were valuable, but not easy. The process of challenging each other to reflect, academically was not self-evident. Emotions still played a major role in framing peoples’ responses within our community, but also triggered a plea for institutional action. Here we faced a dilemma in that many of those participating in these and similar events shared a particular perspective on the situation in Gaza; this made the opportunities for dialogue less diverse and inclusive than they could have been. Students and staff who might be inclined to sympathize with Israeli population or to critique Palestine leadership were less visible. Some students approached me at different moments asking why we showed less interest in other conflicts, oppressions, and human rights violations in the world. They felt excluded that events focused only on Gaza, especially when accompanied by strong moral messaging. This remains a dilemma: how to accommodate and support, on the one hand, our community members who feel that we should speak out and act, and on the other hand, respond to members who feel that attention should also be given to Yemen, Sudan, Azerbaijan, Ethiopia or Myanmar.

 

Acting

That brings me to a third layer of responses: action. This took shape already in the early days of the post-October 7 surge of violence when students protested on our doorstep and remained visible in posters and messages distributed among our community. It was presented to the ISS leadership in the form of a request to issue explicit statements and break ties with Israeli institutions. Anything less than that would be understood by a substantial part of our community as neglecting our moral responsibility as an institution devoted to social justice. At the same time, we had to look critically at the role of academics and institutions in the midst of massive disinformation that sometimes also limits our potential to reach conclusions about what is happening.

Navigating these demands, it was clear for me and colleagues  in university leadership positions that we indeed needed to act. Neutrality in the face of violence is not an option. But we were also very clear that our role had to be knowledge-based and that our primary task was and remains to preserve academic freedom and to facilitate our scholars – from students to professors – to contribute their academic insights to society. We are grateful for the courage of all our scholars to do so and for the wisdom they bring to the world. We have witnessed how they have condemned the Hamas atrocities and also addressed Israeli atrocities, including violations of humanitarian law, and especially the cruelty of punishing an entire population with – as they argued – genocidal intent.

As an academic institute, we exercise restraint in speaking out by way of performative statements, especially because the protection of academic freedom is necessary to safeguard the space for our scholars to speak the truth. When the university itself defines what counts as true, just, and right, that immediately restricts the freedom of other academics. We do not remain neutral because we are afraid to take a stand. It is absolutely clear that as an institution committed to researching Global Development and Social Justice, we stand for the protection of human rights, for the assertion of humanitarian responsibilities, and for the need to ensure peace, justice and accountability. However, the Institute refrains from speaking out beyond these general principles. This will always remain a balancing act between saying too much and saying too little.

The fallout from the present tragedy in Gaza will continue to affect us. It leaves us with dilemmas on how to act. We will continue to organize care for the members of our community who are suffering. We will facilitate learning and nurture critical thinking. We will build our networks internationally and stimulate joint academic contributions towards a just world. We will not be unaffected. Indeed, we feel there should be more done than what we are capable of doing as academics. And when we operate as an institution with this kind of restraint, we are aware it will not be enough in the eyes of a substantial part of our community. But, we may be most effective if we contribute what suits our role: universities protecting academic freedom, so that scholars can share their knowledge and insights with the world, and scholar-activists take the firmer stand. The dialogue between those roles can hold us together in working toward a peaceful future.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Prof. dr. (Ruard) RR Ganzevoort is the rector of the International Institute of Social Studies in Den Haag (part of Erasmus University Rotterdam) as well as professor of Lived Religion and Development.

 

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In supporting Israel’s genocide, Germany has learnt nothing from history

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It is becoming increasingly clear that as the German government targets migrants and cracks down on pro-Palestine protests, some lives are more valuable than others. In this blog, Josephine Valeske—a project officer with the Transnational Institute’s War and Pacification programme—calls on the German Government to rethink its stance in both domestic and foreign policy.

Image by Author

Earlier this month, amid the unfolding genocide in Gaza, German leaders convened in a Berlin synagogue to mark the 85th anniversary of the 1938 November pogrom that formed part of the genocide perpetrated by Germany against Jews in Europe.

But it seems they have failed to learn from their own history. In a memorial speech for the victims of that night and the Holocaust that followed, German Chancellor Olaf Scholz affirmed that “Germany’s place is on Israel’s side”.

Referring to pro-Palestine solidarity protests, he said: “Any form of antisemitism poisons our society, just like Islamist demonstrations and rallies,” before going on to threaten migrants with deportation if they exhibited antisemitic behaviour.

The German government habitually conflates Judaism with the Zionist project in Israel, and has adopted a working definition of antisemitism that includes hatred of or attacks against the state of Israel. Its crackdown on Palestinian solidarity – from protests to memorials to cultural events – and the dangerous curtailment of freedom of speech have been well documented.

But as Scholz’s speech revealed, this crackdown also has an Islamophobic, anti-migrant dimension, at a time when the Social Democrat-led government has adopted a hard stance on migration in a desperate attempt to recapture votes from the right.

On 25 October, following a surge in support for the far-right AfD party and a panicked debate about rising numbers of immigrants, the government agreed on a legislative proposal that would expand police powers to search, detain and deport people without papers.

Two weeks later, a summit between the federal and state governments ended with the announcement of further cuts to financial support for asylum seekers and the possible outsourcing of asylum procedures to third countries – a potentially illegal process similar to the UK’s infamous, and ultimately failed, Rwanda deal.

 

Rights restricted

But for many centre-to-right politicians, this does not go far enough. They frame Palestinian solidarity protests as antisemitic, and instrumentalise them to demand further restrictions of rights.

In a recent video, Vice Chancellor Robert Habeck from the Green Party called on Muslim associations to explicitly distance themselves from Hamas, and threatened deportations and revocation of residency permits for those who voice support for the group.

Meanwhile, Germany’s largest opposition party, the centre-right Christian Democratic Union (CDU), is proposing legislation that would increase the sentence for antisemitic crimes, and lead to the loss or denial of international protection for refugees if they commit such crimes, including possible deportation.

Similar moves already seem to be taking place in practice: Zaid Abdulnasser, coordinator of the Samidoun Palestinian Prisoner Solidarity Network, which was recently prohibited in Germany, reportedly received a deportation order because of his activism.

Under the CDU proposal, people applying for German citizenship would have to pledge their support for Israel’s right to exist and could be denied citizenship if they fail to do so, or if they are deemed to have an “antisemitic mindset”. Germans who hold dual citizenship and commit an antisemitic crime would stand to lose their German passport if convicted and sentenced to more than a year in prison.

Two weeks ago, explicitly citing pro-Palestine demonstrations, the CDU demanded the cancellation of a pending law that would make it possible for foreigners to fast-track their citizenship applications. In addition, former justice minister, Sabine Leutheusser-Schnarrenberger, of the Free Democratic Party has proposed to limit freedom of assembly to German citizens only.

While German politicians are outdoing each other in blaming antisemitism on immigrants, Muslims, Arabs or anyone who is not white, they conveniently ignore the fact that antisemitism among white, Christian and atheist Germans is actually a widespread problem. More than 80 percent of antisemitic crimes in 2022 were committed by people on the right-wing spectrum, continuing a trend from previous years.

When it became public in August that Hubert Aiwanger, the deputy governor of the state of Bavaria, had shared antisemitic propaganda in the 1980s, his party’s vote share increased in the following elections, and the government rewarded him with a fourth ministry.

 

Historical responsibility

If the German government is genuinely concerned about protecting Jews, it should address antisemitism coming from the majority white, right-wing population, instead of inciting hatred against minority groups. A similar message was recently conveyed by the Jewish Bund during an action called “You do not protect us” in front of parliament.

Right-wing violence has traditionally gone unchecked by authorities, whether it takes the form of antisemitism or other hate crimes.

The government failed to take any comparable action when it became known in 2011 that neo-Nazis had been on a seven-year murder spree while shielded by the intelligence service; when from 2014 onwards, tens of thousands of right-wingers started Monday marches against the “Islamisation of the West”; when a right-wing fanatic fatally shot nine people with migrant backgrounds in Hanau in 2020; or when a 2023 study showed that racism against Black people in Germany had risen by nearly 50 percent since 2016, among other examples. White, Christian and atheist Germans were never asked to distance themselves from any of these incidents.

Indeed, it is becoming increasingly clear in both internal and external policy discourses that for the German government, some lives are more valuable than others. The demonisation of (those perceived to be) Muslims or immigrants, and the crackdown on solidarity protests goes hand in hand with Germany’s political and financial support for Israel.

While many countries, including France, are calling on Israel to cease fire amid its relentless military assault, which has killed more than 11,000 Palestinians in Gaza, Scholz has reaffirmed his resistance to any such calls. Instead, his government has increased arms exports to Israel tenfold over 2022, with 85 percent of the permits granted after the Hamas attack and the ensuing military campaign.

Eighty-five years after the November pogrom, Germany should have learned that a genocide cannot be atoned for by enabling another genocide. Similarly, those who think that stoking Islamophobic and anti-migrant sentiments will fulfill Germany’s historical responsibility to fight antisemitism have learned nothing from history.

The German government must stop paying mere lip service to its commitment to human rights, and drastically change its stance in both domestic and foreign policy.

This article was originally published on Middle East Eye.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Josephine Valeske is a project officer with The Transnational Institute’s War and Pacification programme.

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How was life in Gaza before October 7th?

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The war between Israel and Palestine has saturated the media with many views on the resulting effects. What about the state of things in Gaza prior to this violent conflict? In this blog, Irene Van Staveren — a professor of pluralist development economics at the International Institute of Social Studies — tickles our imagination to consider the complexities of social problems evident in Gaza prior to October 7, 2023 when the war broke out.

Image Source: Natalia Cieslik/World Bank, 2010.

Imagine you were a 13-year-old girl growing up in the Gaza Strip under ‘normal’ circumstances until a few weeks ago. Statistically, you would have made up over 40% of the total population along with all the other children up to the age of 14. You had three siblings. The likelihood of living below the poverty line was 53%. Just last year, hundreds of buildings were hit by rockets, including the power plant. Over the past years, you had experienced various bombings in and around Gaza City. As a result, like all the other children in your neighbo, you had an 87% chance of developing post-traumatic stress disorder according to the latest Human Development Report (p.89). There haven’t been any elections in 16 years, and your parents feel powerless.

You often didn’t have enough to eat because your parents had a high risk of unemployment (40% for men, 64% for women). One of your uncles had a fairly well-paying job outside of Gaza, which put him in the one percent who managed that. Unfortunately, he didn’t get to keep much of his salary as an UNCTAD report (p. 6) suggests that 30% of the earnings for such work go into the pockets of labour brokers. Your grandfather had a small olive grove and could sell some olive oil to foreign markets. However, he was increasingly stopped when trying to reach his grove. According to the same UNCTAD report (p.8), olive production had dropped by 60%.

So, you most likely shared a small living space with many people. This was quite challenging when you had to do your homework, especially because there was only electricity available half of the time. Often, there was no light in the evenings. Learning was a struggle, and the destruction of several schools led to the surviving children being divided among the remaining schools, making your class overcrowded.

The only escape from this situation might have been marriage. According to the Palestinian Authority’s statistical bureau, one in five girls gets married before their 18th birthday. You knew some of these girls – they dropped out of school early and became mothers at a young age. Finding a job was out of the question for them. Not that you would have had it much better. More than half of the youth in Gaza can’t find a job.

In the past, there used to be international aid to rely on. However, over the past ten years, it has plummeted from 18% of Gaza’s income to 2%, according to the World Bank (figure 2). Fortunately, most schools and many hospitals are run by the UN and aid organizations. But they face significant shortages of medicine and parts for medical equipment like X-ray machines. The WHO calculated that almost 70% of permit requests for importing these medical goods are denied. When your grandmother needed surgery at a hospital outside of Gaza, her doctor’s request wasn’t processed on time, putting her at a high risk of passing away. Thankfully, she survived. But you didn’t. Fourty percent of the victims of the current bombings in Gaza are children.

This column appeared in the Dutch newspaper Trouw, on 31 October 2023.

Image Credit: CC BY-NC-ND 2.0 DEED

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Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Irene van Staveren is a professor of pluralist development economics at the Institute of Social Studies (ISS) of Erasmus University Rotterdam. Professor van Staveren’s theoretical interest is in feminist economics, social economics, institutional economics and post-Keynesian economics. Her key research interest is at the meso level of the economy with topics such as social cohesion, social exclusion, inequality and discrimination, as well as ethics and values in the economy and in economics.

 

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Jewish scholars refuse to be silent about Gaza

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Source: Afbeelding van Hosny Salah via Pixabay

There have been many statements, petitions, Op-Eds and other forms of concern and condemnation from scholars following the resurgence of violence around the impasse between Israel and the Palestinians. This also includes Jewish scholars, such as an open letter from Jewish students at Brown University and another from Jewish writers. Moreover, there have been critical Jewish organisations that have long-supported a Palestinian-centred narrative, including the Promised Land Museum, and in particular their tribute to the late German-Dutch phycisist Dr. Hajo Meyer, Zochrot and Jewish Voices for Peace. In the same spirit, as Jewish employees and students at Dutch universities, universities of applied science and research institutions, we also refuse to stay silent about Gaza, and so present the following statement.

We, Jewish employees and students in Dutch universities, universities of applied science and research institutions, refuse to stay silent about the recent surge in violence in Gaza.

We raise our voices to speak out against Israel’s war of destruction against the over two million Palestinians in Gaza, and demand an immediate cease fire. The high numbers of civilian victims of the Israeli bombardments so far, including the killing of thousands of children, a complete blockade for primary necessities of life in Gaza by Israel, and the actions and words of Israeli officials all justify the fear of a second Nakba; ethnic cleansing or genocide of the Palestinian population. “Never again” for us means never again for anyone.

We feel deep pain for the many civilian casualties during the attacks by Hamas on 7 October 2023. Precisely because we want to see an end to such gruesome violence, we refuse to abide by the logic of revenge that already has cost the lives of multiple times as many Palestinian civilians. We understand that the current wave of violence did not start with the actions of 7 October 2023, but is rooted in a long history of colonization, occupation and unequal treatment targeting the Palestinian people. If ending the current war against Gaza will only lead to a return to the status quo ante, this will mean a continuation of the violence that for Palestinians is a permanent reality. Peace, in this situation, will just be the prelude to the next major war.

Lasting peace is only possible on the basis of justice. At the very least, this means the recognition that the rule of law and human rights apply to all inhabitants of historic Palestine. It means recognizing the right of self-determination of the Palestinians, ending the blockade of Gaza and the occupation of the West Bank, acknowledgement of the right of return for all Palestinian refugees, and equal rights between Palestinians and Jews from the Mediterranean to the river Jordan.

We promise to continue our efforts in this direction, during and after the current war. We support the call from Palestinian civil society for ceasing all forms of cooperation with Israeli institutions that contribute to the occupation of Palestinian territories and the unequal treatment of the Palestinian population.

As long as the injustice for Palestinians persists, we demand that our institutions speak out against this as firmly as they did one and a half years ago at the start of Russia’s invasion of Ukraine. We forcefully resist any form of racism, islamophobia, antisemitism or other types of hate speech. We are inspired by the many Jewish voices in and outside of Israel that take a principled stance for Palestinian rights. As Jewish opponents of the Israeli actions, we are indignant about the attempts to equate criticism of the Israeli state and support for Palestinian rights with antisemitism. Islamophobia and antisemitism in response to the current war are very real problems. We ask our institutions to take active measures against a climate of threats, polarization and discrimination. However, to do so does not give a free pass to censor critical anti-war voices.

A safe learning environment does not preclude a firm stance against war and injustice. On the contrary, such a firm stance is our shared duty.

This statement was first published in Dutch in the NRC Handelsbad on13 November 2023.

Image Source: Wikimedia CC BY-SA 3.0 Deed, Destruction in Gaza, October 2023.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the authors:

Dr. Alessandra Benedicty-Kokken (Lecturer, Amsterdam School for Cultural Analysis, University of Amsterdam).

Prof. dr. Pepijn Brandon (Professor of Global History, Free University of Amsterdam).

Alcide Breaux (Student, Sandberg Institute and Gerrit Rietveld Academie).

Zazie van Dorp (BA Philosophy, LLB Law & employee University of Amsterdam).

Dr. Jacob Engelberg (Lecturer, Film, Media and Culture, University of Amsterdam).

Dr. Sai Englert (Lecturer, University of Leiden).

Gabriel Gottlieb (Student, Econometrics, Erasmus University Rotterdam).

Dr. Aviva de Groot (Postdoctoral researcher AI & Human Rights, TILT, Tilburg University).

Sophia Haid (Student, Media studies, University of Amsterdam).

Dr. Jeff Handmaker (Associate Professor of Legal Sociology, ISS, Erasmus University Rotterdam).

Levi Hilz (Student, Sociology, Erasmus Universiteit Rotterdam).

Dr. Joost Kircz (Emeritus Lector Electronic Publishing, Amsterdam University of Applied Sciences).

Naomi Kreitman (Student, Sandberg Institute).

Dr. Anna Mai (Postdoctoraal researcher, Max Planck Institute for Psycholinguistics).

Yuval Molina Obedman, Ma (Recently graduated in Philosophy, University of Amsterdam, and International Relations, University of Leiden).

Dr. Tzula Propp (Postdoctotaal researcher, TU Delft).

Dr. Patricia Schor (Postdoctoral researcher, Free University of Amsterdam).

Juliet Tanzer (Student, Utrecht University).

Dr. Anya Topolski (Associate Professor, Ethics and Political Philosophy, Radboud University Nijmegen).

Dr. Markha Valenta (Lecturer, American Studies, Utrecht University).

Itaï van der Wal (Student LLM, Utrecht University).

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Militaries can’t target essential infrastructure during war—so why can they target telecoms?

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In this blog, Tom Ansell looks through an International Humanitarian Law lens at cutting mobile network and internet access, such as recent targeting of telecoms by the Israeli military during their ongoing retaliation against Palestinian people in Gaza. Whilst the cutting off of utilities such as electricity and water are considered to fall under a ban on collective punishment, International Humanitarian Law does not mention cutting off communication infrastructures. When we consider how vital phone and internet services are for human dignity, organizing relief efforts, and documenting war crimes or countering misinformation, it might be time to consider the deliberate cutting off internet and telecoms access as a breach of International Humanitarian Law and so a war crime.

During the Israeli ground invasion unfolding in Gaza, and the accompanying aerial bombing campaign, there have been widespread reports of internet and communications blackouts – caused by heavy and deliberate bombardment of telecoms infrastructure, and confirmed by the UN. Whilst slightly different compared to ‘switch offs’ by governments, and paling in comparison to the bombing of civilians, cutting off people’s (particularly non-combatants) means of communications and creating a ‘blackout’ is nevertheless an important and under-reported element of modern warfare. International Humanitarian Law (IHL), the so-called ‘laws of war’ which are made up of a number of legal conventions and treaties (most famously the 1949 Geneva Conventions, itself signed by Israel) and have been signed by most countries around the world, don’t mention preserving civilian communications.

So, considering how important mobile and internet access is not only for keeping in touch, but also coordinating societal responses to disasters such as war and documenting the associated chaos, should we consider telecoms infrastructure in a similar way to how we consider water infrastructure in war, as something off-limits for military targeting and thus protected?

 

Cutting off water, medical systems, and electricity are already War Crimes

During a war, an occupying power (i.e., the military or armed forces that has invaded) has several legal obligations set out in IHL. Breaking these are considered ‘war crimes’, and are punishable at the International Criminal Court or a special tribunal. Cutting off water, medical systems, electricity, food, aid, and unnecessarily targeting civilian infrastructure are considered War Crimes because they amount to ‘collective punishment’ of a civilian population. This is expressly forbidden by Article 33 of the 1949 Geneva Convention on Civilians – and since then there have been various updates and treaties that form part of IHL that also expressly forbid targeting or deliberately destroying ‘Objects Indispensable to the Survival of the Civilian Population’. These generally refer to foodstuff, water, and medical supplies (evidently vital to survival), and whilst telecommunications aren’t on the same existential level of food and water, with an estimated 6.7 billion smartphone subscriptions worldwide in 2023 (according to Statista), and the embeddedness of mobile phones in our lives, I’d suggest that smartphones have become indispensable to the survival of civilians in general.

Telecommunications and internet access is fast-becoming seen as a human right, too; closely linked to existing rights of Assembly, Expression, and Development. For example, in 2023 the High Commissioner for Human Rights at the UN said that “It may be time to reinforce universal access to the Internet as a human right, and not just a privilege” . Various countries around the world are also enshrining the right to internet access and connection in their laws, from its inclusion within the constitution of Greece , the Kerala High Court in India upholding access to the internet as covered by the right to education in the Indian Constitution, to Costa Rica’s Constitutional Court ruling that all Costa Ricans have the fundamental right to access information technology, especially the internet. Whilst it is true that Human Rights Law and International Humanitarian Law are different (for several legal reasons), IHL intends to protect the life and dignity of innocent people in war—meaning that there is at least a strong relationship and affinity in their intent.

 

Smartphones are vital for connecting and coordinating, especially in times of conflict

Let’s not forget that when we talk about cutting off all means of communication and access to the internet, we aren’t just looking at people not being able to contact their loved ones or the outside world (as bad as that is). People’s lives are put at risk by a ‘communications blackout’, because emergency relief is very often coordinated via mobile data and internet connections. When communications were cut off in Gaza on October 27, the Palestinian Red Crescent society reported that it had lost contact with its control room in Gaza, and that people were unable to call the 101 emergency number. If emergency aid organisations are unable to keep in contact with their staff, they can’t know if their staff are safe – nor can they know if their efforts to deliver food, medical, or other relief has been successful or needs to be targeted elsewhere.

A 2012 Save the Children report (completed in partnership with the Vodafone Foundation) makes it clear how important mobile phones are for providing information during a disaster. For example, after the 2010 Haiti earthquake, information messages were sent out via the mobile network ‘Voila’ by the International Federation of the Red Cross –95% of recipients said that the information they received was useful, and 90% said that the information they received helped them make a preparation or change as a result. And it’s not just information that’s sent through mobile networks, either, with emergency cash transfers often sent in this way.

We can see the value of access to mobile data in the current violence in Gaza (and previous instances too), with Israel apparently warning civilians in Gaza of impending military action or airstrikes by phone call or automated text message. Quite how these warning messages can be received without mobile network access, though, is an open question.

 

Documenting serious war crimes and countering false information

It’s certainly true that cutting off mobile communications and access to the internet is an act with fewer direct deaths and injuries than other more grave offences, yet having access to mobile data is important in documenting and ‘proving’ these other serious crimes. This has become extremely clear during the conflict in Ukraine following Russia’s invasion in February 2022, with the Ukrainian government even setting up an online service (‘e-Enemy’) for people to submit their pictures, videos, and messages that document brutality against civilians and other war crimes. This crowd-sourced evidence could prove vital in securing convictions for crimes should Russian military commanders or even politicians end up in front of the ICJ or a tribunal. And, as AccessNow warns, cutting off the internet could lessen the chances of Palestinians documenting serious war crimes. Allowing people to access social media and present their own documentary-style proof of their lived experience gives people voices, and also allows the countering of false and dangerous narratives with documentary evidence.

 

So, should cutting off the internet and telecommunications be a war crime?

International Humanitarian Law specifies a wide spectrum of ‘war crimes’, and whilst we often immediately think of the most grievous, any breach of IHL is a criminal act. Hence, and considering mobile connectivity’s important role in preserving human dignity, coordinating emergency aid response, documenting war crimes, perhaps the deliberate targeting of telecommunications should be included in the definition of ‘collective punishment’.

Image by Troy Squillaci on Pexels.

About the author:

Tom Ansell is the Coordinator of the Humanitarian Studies Centre and International Humanitarian Studies Association.

 

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International Humanitarian Studies Association conference roundtable and North South University statement on Gaza: “As scholars and practitioners of Humanitarian Studies, we strongly condemn acts of widescale and indiscriminate violence against civilian populations”

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[vc_row css=”.vc_custom_1592900783478{margin-right: 0px !important;margin-left: 0px !important;}”][vc_column css=”.vc_custom_1592900766479{margin-right: 10px !important;margin-left: -10px !important;}”][vc_column_text]This blog is part of a series about the International Humanitarian Studies Association (IHSA) conference in Dhaka, Bangladesh. In this piece, Dorothea Hilhorst (Professor of Humanitarian Studies at ISS, outgoing IHSA President) and Sk. Tawfique M Haque (Professor and Chair of Political Science and Sociology, North South University) present a statement made by participants of a roundtable held at the conference to take stock of the humanitarian situation in Gaza.[/vc_column_text][vc_separator color=”custom” accent_color=”#a80000″ css=”.vc_custom_1594895181078{margin-top: -15px !important;margin-bottom: 10px !important;}”][vc_single_image image=”25834″ img_size=”full” add_caption=”yes” alignment=”center”][vc_separator color=”custom” accent_color=”#a80000″ css=”.vc_custom_1594895181078{margin-top: -15px !important;margin-bottom: 10px !important;}”][vc_column_text]At the IHSA biennial conference in Dhaka, Bangladesh, a roundtable took place on the ongoing violence and humanitarian catastrophe in Palestine. The roundtable included contributions from Professor Dorothea Hilhorst (outgoing IHSA President), Research Professor Antonio De Lauri (incoming IHSA President), Professor Sk. Tawfique M. Haque (North South University), Professor Shahidul Haque (North South University), Professor Mohamed Nuruzzaman (North South University), and Dr Kaira Zoe Canete (International Institute of Social Studies).

During the roundtable, several aspects of the ongoing humanitarian situation were discussed, including access for humanitarian aid, the interests and positions of stakeholders in the conflict more generally, ways to counter the situation being used to further polarize society, and what the role of Humanitarian Scholars is in the face of the situation.

The International Humanitarian Studies Association and Center for Peace Studies (CPS) at North South University would like to share this statement, following the roundtable:

We extend our solidarity and sorrow towards those grieving loved ones in Palestine and Israel, and deplore violence carried out during this conflict. As scholars and practitioners of Humanitarian Studies, we strongly condemn acts of widescale and indiscriminate violence against civilian populations. This extends not only to ongoing military violence, but the blocking of humanitarian aid and assistance.

These actions by the Israeli state and military amount to multiple breaches of International Humanitarian Law (IHL), including the 1949 Geneva Convention that was signed by Israel. We condemn the collective punishment of over two million people in Gaza, of which more than half are children.

We also highlight UN Security Council (UNSC) Resolution 2417, which condemns the use of starvation as a weapon of war, and confirms that any blocking of humanitarian aid breaks IHL. Further, we draw attention to Israel’s role as an occupying power in the Palestinian Territories, and its commitments to maintain medical services and infrastructure under IHL.

We call for respect for and adherence to IHL, International Criminal Law (ICL) and UNSC 2417 to prevent starvation (due to blocking access to food, water, electricity, health care and other items essential to survival) and death of civilians. This means allowing immediate access to aid for those who need it and protecting civilians.

Humanitarian Studies scholars need to use their knowledge and evidence to speak truth to power and counter any silencing mechanism that jeopardizes academic freedom and the freedom of expression. One of the challenges of wide-scale violence, wherever it happens, is that it makes us question the value of humanity. We need all voices in this discussion to maintain dignity and respect, and we condemn the use of antisemitic and Islamophobic language, as well as narratives of dehumanization and polarization especially when they come from powerful institutions, political leaders, and states.

For more information about the IHSA Conference, check out their website.

[/vc_column_text][vc_separator color=”custom” accent_color=”#a80000″ css=”.vc_custom_1594895181078{margin-top: -15px !important;margin-bottom: 10px !important;}”][vc_column_text]Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.[/vc_column_text][vc_separator color=”custom” accent_color=”#a80000″ css=”.vc_custom_1594895181078{margin-top: -15px !important;margin-bottom: 10px !important;}”][vc_column_text css=”.vc_custom_1699612513242{margin-top: 0px !important;}”]About the authors:

Dorothea Hilhorst is professor of Humanitarian Studies at the International Institute of Social Studies of Erasmus University.

 

 

 

 

Professor Sk. Tawfique M. Haque is the Director, Center for Peace Studies (CPS), South Asian Institute of Policy and Governance (SIPG), North South University.

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Misinformation on the Israeli-Palestinian conflict is spreading like wildfire on social media — here’s why we keep reading fake news and what we can do to change it

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Can you trust what you read on social media about the Israeli-Palestinian conflict? Even some of the most popular posts are misleading. With more and more people using social media as their primary news source, how can we make sure that we’re getting accurate information? This question becomes much more relevant in times of conflict, where misinformation could cause widescale violence. In this blog article, Tom Ansell looks at misinformation in times of conflict and what we can do to encourage better reporting in fast-moving and dangerous contexts.

Image source: Pexels 

Twitter/X has been accused of stoking the fires of the ongoing Israeli-Palestinian conflict by multiplying misinformation. Examples include a video shared over seven million times that supposedly shows Israeli soldiers going house to house in Gaza City. In reality, the video is from 2021 and actually shows an Israeli police operation. Another example is a video of Hamas fighters ‘shooting down an Israeli helicopter’ that is from a video game and has been viewed by over 300,000 people.

These posts are not only pushing false narratives but are also spreading emotionally charged misinformation that can certainly stoke more violence. With the cause of the explosion at the al-Ahli Baptist Hospital in Gaza unclear, and with competing narratives from Gazan and Israeli authorities, plenty of misleading accounts have sprung up on Twitter/X that show videos reportedly of the explosion but that are actually from 2022, which has further inflamed tensions.

This is a worrying development for two reasons. First, engagement with and trust in ‘legacy’ media organisations, including national newspapers and media conglomerates, is at an all-time low across the world. Accurate and nuanced reporting that has been factually verified is no longer the dominant way for people to get their news. In various countries worldwide, more than half of people get their news from social media, including in Spain (50%), India (52%), Turkey (54%), Hungary (61%), Greece (61%), Peru (66%), and Nigeria (78%), according to Statista.

Second, people seem to be more likely to spread false information. An MIT study from 2018 suggests that Tweets (or X’s) that contain lies are 70% more likely to be retweeted compared to truthful posts, likely due to users’ ‘novelty bias’ (where new, surprising information is shared), or due to social media websites’ own algorithms.

Meanwhile, only a few weeks ago, the EU formally warned Twitter and Facebook about the growing proportion of misinformation on their networks, a warning that was re-iterated in the wake of the new waves of violence in Israel and Palestine. Whilst there are fact-checking accounts and initiatives on both networks (and also on Instagram, LinkedIn, TikTok, etc.), the real-world impact of mis- and disinformation that were identified in the COVID-19 pandemic has now come back sharply into focus with the ongoing campaign of violence in Israel and Palestine.

 

Why we read and spread disinformation

An appetite for quick information and near real-time updates has never been higher. And with few journalists immediately available and able to build a clear picture in a fast-moving context, an information gap grows. It’s precisely this gap that technology-focused and consumer-hungry social media networks fill by providing super quick updates and, often, photos and videos from the centre of a conflict zone that can push emotionally charged narratives and incite further violence.

Whilst there are large numbers of journalists from multinational legacy media organisations that can access conflict zones — usually wearing the famous blue ‘press’ bulletproof vest — — places where there is no authoritative or fact-checked source of news. This is particularly true for acute outbreaks of severe violence, where it is nearly impossible for a news organisation that is held to a high standard of accuracy to access the conflict zone. And when people cannot access authoritative news sources, they turn to alternative sources such as social media.

In protracted and lower-intensity conflicts, too, it is likely that local media will be unable to operate whether due to power cuts, looting, commandeering of equipment, or attacks on staff. And let’s not forget that in contexts with authoritarian governments, an independent local media is likely to suffer. Again, this can feed into a situation where people cannot access information from trusted sources and may turn to social media for the latest news updates.

Moreover, what drives engagement is often activating strong emotional responses in users through, for example, powerful images, videos, or narratives. Particularly within a conflict situation, by definition multilayered and complex, this leads the internal mechanisms of social media companies (“the algorithms”) to spotlight easily accessible and emotionally charged content. This combined with a huge hunger for information seems to lead in one direction: emotionally charged narratives reaching thousands of people without factual verification.

 

Social media provides lots of information, but often of low quality

As with many laissez-faire approaches, openness and freedom is to a certain extent an illusion. This is because, in the case of Twitter and Meta (the parent company of Instagram and Facebook), the company doesn’t exist to provide an information service- it exists to satisfy its shareholders and investors. The model for making money from social media is now fairly well researched, but in short: social media companies work as advertising platforms and sell advertising space. The longer someone engages with the platform, the more can be charged for advertising space.

The great equalising hope for peer to peer (P2P) media, where anyone can publish their views and ideas without editorial gatekeeping, including social media, is that it can give disempowered people a platform to voice their grievances or struggle and can reach audiences without waiting for a legacy media company to provide that platform. Within a conflict situation, this could extend to giving civilians a voice in the conflict or providing an outlet for non-state actors to give ‘their side of the story’.

However, whilst there are plenty of cases of legacy media organisations stoking hate, there is at least some basis for holding them legally accountable, even if it is slow-moving and limited. Social media companies, on the other hand, are not classified as ‘publishers’ and so do not have to kneel to publishing guidelines and law.

 

A role for citizen journalists and more strictly regulated platforms?

So, how can we find a balance between providing platforms for those people who are routinely missed by legacy organisations to speak their truths? One option could be equitable partnerships between media platforms and citizen journalists. Outlets like The Guardian seem to have a workable model for this.

Another solution could be strong legislation that considers social media organisations as the publishers that they are, and so holds them legally accountable for spreading misinformation. Perhaps a longer-term and more holistic solution, though, is creating platforms where the overall target is sharing accurate information and true voices, rather than seeking maximum returns on investment.

Image source: Pexels & Pexels.

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Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Tom Ansell is the Coordinator of the Humanitarian Studies Centre and International Humanitarian Studies Association.

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Israel’s blocking of humanitarian assistance breaches international humanitarian law

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Gaza is under constant blockade and subject to multiple airstrikes every day — with little regard for avoiding civilian harm. This is a breach of international humanitarian law, which places specific legal imperatives on combatants not only during war but also as occupying forces after war. In this article, Professor of Humanitarian Studies Dorothea Hilhorst critically discusses Israel’s responsibilities in its role as a combatant, as an occupying force, and as a neighbouring country.

Image by Palestinian Red Crescent

International humanitarian law (IHL) has suddenly become a very popular phrase in political discourse. The Dutch government, in its support of Israel, notes that it expects the country to uphold ‘international humanitarian law’ (sometimes referred to as ‘the law of international war’). These conventions and laws cover various aspects of how a country can act during combat, for example around questions of whether Israel can target civilian infrastructure if it is located above a Hamas tunnel. More specifically, though, IHL relates to strengthening and maintaining humanitarian help for civilians.

The humanitarian situation in Gaza is catastrophic. Within the space of just a few days, around one million elderly people, men, women, and children have been driven from their homes. Around half of these people have sought shelter in a UN building, for example a UNWRA school, which are now so overcrowded that most people sleep outside on the street. There is less and less food, and water has had to be limited to under one liter per person per day — for those that are lucky to get anything at all. Operations and medical treatments are no longer being carried out, or if they are it is without anesthetic.

At the same time, there is a huge queue of trucks waiting at the Rafah crossing between Egypt and Gaza. These are full of humanitarian aid supplies: medicines, fuel, and food. At the time of writing, 20 trucks have been allowed in Gaza, but that is far short of the minimum of 100 trucks needed on a daily basis. Other than that, the border between this convoy and the people of Gaza remains closed, with the WHO saying that the supplies could help doctors at medical institutions operate on 1,500 people daily — if they reach the people of Gaza in time. It is Israel that holds the key to unlocking this aid, with the border deemed unsafe (and so kept closed) due to rocket attacks and air strikes. Last week dozens of people were killed in such strikes at the border.

It is usual to speak of and work towards ‘humanitarian corridors’ during conflicts, i.e. specific routes that are safe for people to evacuate through, or for aid to travel via. Under IHL, combatants in war are required to work towards creating and maintaining these corridors. This, and much of IHL, is based on the principle that citizens are innocent during conflicts and that civilian deaths should be avoided at all costs. This principle applies both to minimizing civilian death from combat and also maximizing access for life-saving humanitarian aid. Israel has stated it maintains Gaza under siege to avoid aid being captured by Hamas. However, this fear cannot be a reason to abandon Gazanian civilians and let them perish. UN Under-Secretary-General for Humanitarian Affairs Martin Griffith commented on Wednesday that humanitarian access and help have become a question of life and death, that withholding help can cost countless innocent lives.

Israel has various legal responsibilities both as a combatant and as an occupying force (both Gaza and the West Bank are occupied territories and have been since 1967). Marco Sassoli, an internationally renowned expert in IHL at the University of Geneva, has made it clear that Israel’s blocking and cutting off of electricity, water, aid, and food from Gaza since October 9 is in clear breach of the 1949 Geneva Convention, which Israel has signed. The 1949 Convention makes clear that an occupying force cannot collectively punish civilians, whilst it also specifically requires an occupying force to maintain medical systems such as hospitals. Then, we must look at Israel’s role as a neighbour — with a moral imperative to allow access and open borders to humanitarian assistance — whilst the border between Israel and Gaza remains hermetically sealed.

It is not clear how much pressure various countries are putting on Israel behind the scenes to open the Rafah border crossing (and other borders), but it is time for this pressure to be reflected in public statements that condemn the withholding of humanitarian aid and directly state that preventing humanitarian help breaches international humanitarian law.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Dorothea Hilhorst is professor of Humanitarian Studies at the International Institute of Social Studies of Erasmus University.

 

 

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The recent upsurge of violence in Israel and Palestine signifies a “prelude to genocide”. How could this happen?

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The tragedy that has been continually unfolding in Palestine for the past 75 years recently took a dramatic turn when Palestinian armed groups broke through the steel gates closing off Gaza and entered Israel on 7 October 2023. While the details of what occurred are gruesome, but also very unclear, their actions led to a further escalation by Israel, with senior figures in the Israeli government vowing revenge in terms that are tantamount to an incitement to commit genocide. The massive loss of human life and deliberate targeting of civilians has been accompanied by feelings of incredulity. People are asking: How could this happen? In this article, human rights and legal mobilisation scholar Jeff Handmaker provides some context.

Boiling point reached after many years of oppression

Even for someone like myself who has been closely following the situation in Palestine for more than 25 years, the human cost of what we have been seeing in the past few days has been difficult to fathom. Veteran Ha’aretz journalist Amira Hass in describing the sheer scale of what’s currently happening noted that:

In a few days Israelis went through what Palestinians have experienced as a matter of routine for decades, and are still experiencing – military incursions, death, cruelty, slain children, bodies piled up in the road, siege, fear, anxiety over loved ones, captivity, being targets of vengeance, indiscriminate lethal fire at both those involved in the fighting (soldiers) and the uninvolved (civilians), a position of inferiority, destruction of buildings, ruined holidays or celebrations, weakness and helplessness in the face of all-powerful armed men, and searing humiliation.

Hass’s statement captures why it is so challenging for Israelis and Palestinians (and their supporters) to recognise the other’s humanity. Israelis find it hard to see the other’s humanity, as they have been promised that they would be safe and secure behind colonial borders and have only now experienced atrocities at this scale. Palestinians also find it hard to see the other’s humanity as they have never suffered the illusion that they were safe and secure behind colonial borders and have been experiencing atrocities at this scale for more than 75 years.

 

The Hamas attack didn’t come out of the blue

It is important in this context to understand what was behind the attacks by Hamas-affiliated groups, purportedly in response to Israel’s appalling treatment of Palestinians who remain under occupation in the Gaza Strip. It was purportedly also linked to the Israeli government’s open support of settler colonialism in the West Bank, as well as brutal attacks against largely peaceful demonstrators during the “Great March of Return”  in 2018 and recent provocations around the Al-Aqsa Mosque in Jerusalem. One should remember what life in Palestine looks like at present, particularly in the Gaza Strip, and how it got there.

To begin with, Gaza is one of the most densely populated regions in the world, with more than two million people living in an area of approximately 362 square kilometres (smaller than the Caribbean island of Curacao, which has a population of 153,000). Moreover, Gaza has been subject to a strict military blockade since 2007 that has limited the freedom and opportunities of Palestinians in a fundamental way. It is frequently described as an open-air prison, and many have called the oppressive governance of the area by Israel as nothing other than an apartheid state. This is why the attack on 7 October has been referred to by commentators such as Israeli journalist Amira Hass as part of a “cycle of violence” that “shouldn’t surprise anyone”. In other words, it should be seen in context and not as an isolated event.

 

Reacting to a long history of domination and oppression

To grasp the deeper context of the current violence, it’s also important to understand three key historical moments, none of which obviously excuses the committing of international crimes. Each of these historical moments has involved extensive human rights violations and international crimes in the context of Israel’s long record of domination and oppression of Palestinians.

The first key moment was in 1948, when Zionist founders of the State of Israel committed a series of operations which, according to scholars such as Walid Khalidi, Ilan Pappe, and Nur Masalha, amounted to a mass expulsion and ‘ethnic cleansing’ of historical Palestine. This is referred to by Palestinians as the ‘Nakba’, or ‘Catastrophe’. Approximately one-third of uprooted and dispossessed Palestinians ended up living in refugee camps in Gaza, the West Bank, Jordan, Syria, and Lebanon, assisted by the United Nations and other humanitarian agencies. Around one-quarter of these refugees today reside in refugee camps in Gaza, and comprising around two-thirds of the population of Gaza.

The second key moment was the Israeli military’s capture of additional territories in 1967, including the West Bank, East Jerusalem, Golan, and Gaza. This resulted in further and forced displacement, movement restrictions, and other daily restrictions as Israel established settlements in the occupied territory. Israel withdrew the settlers 38 years later but has continuously maintained its occupation of the Gaza territory by air, sea, and land.

The third and most recent moment is Israel’s blockade of the territory starting 2007 in its current, extreme form, whereby it has been extremely difficult, and at times impossible, for Palestinians living in Gaza to access medicine, building materials, food, humanitarian assistance, and even electricity and water. Patients requiring advanced medical care that the overstretched hospitals in Gaza cannot provide have limited options due to the blockade, and as a result, many – including children – have died of easily treatable ailments. According to Physicians for Human Rights, the deteriorating healthcare situation has been particularly straining for women in Gaza. The ability of students to study abroad has also been extremely limited. Moreover, according to the United Nations, during the course of several brutal military operations, Israel has killed more than 6,400 Palestinians.

While these were key moments in what many commentators have characterised as Israel’s settler-colonial and apartheid regime against Palestinians, it is impossible to explain all dimensions. Suffice it to say that numerous documented violations that have been committed throughout these periods are currently the subject of an international criminal investigation by the International Criminal Court, albeit greatly delayed.

 

From oppression to onslaught

This brings us to 9 October 2023, when the government of Israel announced a “total” blockade of the Gaza Strip, including cutting off the electricity, food, and water supply to the area. Gazans were warned by Israeli Prime Minister Benjamin Netanyahu that they are to pay an “immense price” for the actions of Hamas and have warned Palestinians to “get out of there [Gaza] now” as the Israeli military was going to “turn all Hamas hiding places … into rubble”.

Of course, Netanyahu knows full well that Palestinians in Gaza have nowhere to go; Israel’s military have even bombed the one remaining exit route, the Rafah Crossing, and have refused to set up a humanitarian corridor. Thus, at a bare minimum, Israel’s actions amount to the war crime of collective punishment, directed at a captive population with nowhere to go. And with 300,000 Israeli reservists having been called up to serve in active military duty, fears are that the consequences for the people of Gaza could be far greater than they have ever been before.

 

A prelude to genocide?

Some years ago, Richard Falk, a Princeton University professor and former United Nations Special Rapporteur on the situation of human rights in the Palestinian territories, was said to have characterised the ongoing siege of Gaza as a “prelude to genocide”.[i] It is immensely worrying that more and more parties are starting to believe that Falk’s sober prediction might be coming true. Human rights NGOs have long referred to the oppression of the Palestinians and the control of Gaza as a crime against humanity.[ii] However, it is especially recent events and public proclamations of retaliation by Netanyahu as well as by military commanders referring to Gazans as ‘human animals’ and vowing to give them ‘hell’, that are making Falk’s claim seem more and more believable.

Taken together, the evidence suggests there are very well-founded fears that what we are now witnessing are very explicit intentions to accomplish the genocide of the Palestinian residents of Gaza. Rather than simply asking how this could happen and extending unconditional diplomatic support and military aid to Israel, observers of this carnage should also ask themselves how the carnage can be stopped. The answer is certainly not to commit further atrocities.

[i] These developments should also be seen in light of the ethnic cleansing of Armenians in Nagorno Karabakh in September 2023, in which Israel also played a central role in and for which there have been limited consequences for the government of Azerbaijan, could readily be seen as a prelude to genocide in and of itself.

[ii] While Gazans have long characterised that what they are experiencing as a ‘slow-motion genocide’ that has created an almost uninhabitable situation for many of its two million inhabitants, Human Rights Watch, Amnesty International, B’tselem and others have characterised as the oppression of Palestinians in Gaza as an apartheid regime, which like genocide is also a crime against humanity. Reinforcing these concerns, a group of eight renowned Palestinian research institutes and human rights organizations, including Al Haq, have further explained how Israel’s discriminatory and exclusionary polices are an explicit and expansive tool of settler-colonialism and ‘structural and institutionalised racism’.

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About the author:

Dr. Jeff Handmaker is Associate Professor of Legal Sociology at the International Institute of Social Studies of Erasmus University Rotterdam and has published widely on topics concerning Israel’s decades-long impasse with the Palestinians. He conducts research on legal mobilization.

 

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Why and how the City of Amsterdam should be opposing Israel’s apartheid regime

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Numerous Palestinian, Israeli, international and UN organizations as well as scholars have called Israel an apartheid and settler-colonial regime. The City of Amsterdam has historically acted against South Africa’s apartheid regime, yet the same is not happening now in relation to Israel’s apartheid regime. At a recent panel discussion on anti-racism, Jeff Handmaker talked to renowned anti-apartheid activists about the role the city could and should play in condemning Israel’s oppressive and racist actions. It is important that Amsterdam affirm its cultural heritage as a space for solidarity anti-racism, he writes.

Since 2005, several discussions, films and solidarity events have been organized globally and annually around the theme ‘Israeli Apartheid Week’. Eighteen years ago, it was a lot more difficult to argue that Israel’s regime should be called racist, apartheid and settler-colonial, even though Palestinian organizations for years had been showing this was the case. At present, owing to years of discussions on the topic, there is greater agreement on the nature and consequences of Israel’s human rights transgressions and forceful oppression of the Palestinian people.

But there is still a long way to go in getting countries and organizations to condemn Israel as it did South Africa. And so, last week, as part of Israeli Apartheid Week activities, I participated in a panel at an anti-racism conference in Amsterdam at Pakhuis De Zwijger to dialogue about the involvement of the City of Amsterdam during the South African anti-apartheid movement back in the 1970s and 1980s and whether it should be doing the same at present in relation to Israel’s apartheid regime.

Together with Layla Katterman, renowned German-Palestinian student activist and founder of Students for Palestine, veteran anti-apartheid activists Corrie Roeper (formerly of the Holland Committee for Southern Africa) and Bart Luirink (formerly of the Anti-Apartheid Movement in the Netherlands), as well as veteran Palestinian solidarity activist and writer Robert Soeterik, we reflected on the city of Amsterdam’s stance on apartheid dating back several decades. This stance featured solidarity linkages and concrete projects between the municipality and anti-apartheid groups in South Africa. In reflecting on this history, we hoped to understand the dynamics of the anti-apartheid movement initiated by the city and to contemplate what scope there was for the formation of a similar anti-apartheid movement in respect of Israel’s racist, brutal, and colonial treatment of Palestinians. Here are some thoughts that were shared during the panel discussion.

 

Dutch and South African resistance movements had different roles

In the first part of the panel, the panellists reflected on the Netherlands’ role in the anti-apartheid movement in South Africa. I emphasised that black liberation groups led the movement, while others, including white liberal organizations such as lawyers’ groups, student groups and women’s groups supported it.  Eventually, many of these groups came together during the establishment of the United Democratic Front in 1983, led by anti-apartheid activists Yusuf Dadoo, Allan Boesak and others.

Accordingly, white liberal groups in South Africa such as Lawyers for Human Rights, the women’s-led group Black Sash and others, as well as groups from the global anti-apartheid movement, trade unions and others played key roles in helping to liberate South Africa. However, these roles were very different from those of the African National Congress and Pan-African Congress and black consciousness groups (though they were banned and operated underground) and eventually the United Democratic Front.  Black consciousness leader Steve Biko articulated this clearly in 1970:

 

The South African white community is a homogeneous community. It is a community of people who sit to enjoy a privileged position that they do not deserve, are aware of this, and therefore spend their time trying to justify why they are doing so. Where differences in political opinion exist, they are in the process of trying to justify their position of privilege and their usurpation of power.

 

Each group must be able to attain its style of existence without encroaching on or being thwarted by another. Out of this mutual respect for each other and complete freedom of self-determination … (there will arise) a true integration.

 

In other words, white liberal groups needed to understand the perspective of black liberation groups; the possibility for unity existed, although the former needed to learn how to listen. A similar dynamic exists in relation to liberal Israeli groups.

 

Both Palestinians and South Africans have experienced oppression

As a crucial point of comparison, Palestinians, like black South Africans, have been engaged in a longstanding struggle for self-determination against oppressive regimes. A further comparison to be made is that both in Palestine and in South Africa, there has been considerable fragmentation of the land, of political systems, and of the people themselves. In Israel-Palestine, a so-called “two-state solution”, which has been the official, albeit naïve position of most states to resolve the conflict between Israel and the Palestinians, is truly an illusion.

Both systems of apartheid have involved layers of racial(ized) and legalized discrimination, undermining one’s access to equal / equitable education, health care, jobs, and livelihoods, as well as access to justice.

Yet, there are also key distinctions to be made; in particular, there is no such thing as Israeli nationality. By contrast, South Africa never imposed different nationalities; it did, however, classify and treat people differently based on racial(ized) legal categories.

 

The City of Amsterdam hasn’t (yet) declared Israel an apartheid state

We then sought to understand the current partnership between the cities of Amsterdam and Tel Aviv. In the latter half of the twentieth century, the City of Amsterdam explicitly opposed South Africa’s apartheid regime by severing former linkages with South African institutions and supporting anti-apartheid groups, both financially and politically. However, the same is not happening in the case of Israel. Despite Amnesty’s 2022 report, another by the Israeli NGO B’tselem and numerous others, including the most recent by Al Haq all declaring Israel to be an apartheid state, the mayor of Amsterdam and the Dutch government have considered the declaration of Israeli apartheid to be invalid. Moreover, both city and national government officials feel that such a matter should be decided by the court; there thus has been no official recognition by the city administration of Israel’s status as apartheid regime.

However, this is a blatantly incorrect position. The matter has in fact already been decided by several international courts, including the International Court of Justice in 2004 that affirmed Israel was violating international human rights.[1] This was followed by the opening of an international criminal investigation by the International Criminal Court following a decision by the Pre-Trial Chamber in 2021. [2] Thus, as an integral organ of the Dutch state, the municipality of Amsterdam is obliged to act in accordance with international law, including the outcomes of these two courts.

 

Amsterdam should formally sever its relationship with Tel Aviv

Lastly, we explored what could be done about this dismal situation. It was clear to most in the room that as long as there were not consequences for Israel’s criminal behaviour (as there frequently have been for Palestinians), there would be continued impunity. Consequences for state and individual violations are an essential feature of both state and individual accountability – this indeed is one of the principal reasons why treaties were concluded to establish the Geneva Conventions, the UN and more recently the ICC.

Hence, the speakers on the panel felt it was important to affirm, on the basis of both moral and legal obligations, that the City of Amsterdam is obliged to respect international law and not to assist an illegal situation. Accordingly, we felt it should sever its formal relationship with the city of Tel Aviv. In other words, beyond being a matter of legal obligation, in accordance with both the United Nations Charter and the Rome Statute of the International Criminal Court, it is important that Amsterdam affirm its cultural heritage as a space for solidarity anti-racism.

At a broader level, we found that it is crucial to unpack what the role of settler-colonialism has been as a historical force, including how spatial segregation has occurred on the basis of race and ethnicity. In Israel-Palestine, certainly, this has principally been marked by the well-planned and systematic ethnic cleansing of Palestinians.

 

The latest event taking place on 24 March 2023 at the ISS sought to address how one can legitimately resist this regime. A report of this event is forthcoming.

[1] The International Court of Justice affirmed in its 2004 Advisory Opinion that: (1) there is a Palestinian people with a right to self-determination; (2) the West Bank and Gaza, including E. Jerusalem, are occupied territories under international law, and Israel is an occupying power with legal obligations towards all civilians in the territory (i.e. PRINCIPAL obligations are aimed at Israel); (3) Israeli settlements violate international law and Wall is illegally constructed; (4) Conventions of International Humanitarian Law are fully binding on Israel, and must govern all Israeli actions in the Occupied Palestinian Territories and (5) Israel’s occupation practices (associated regime) violate both international humanitarian law and human rights.

[2] On 3 March 2021, the Prosecutor of the International Criminal Court announced it was opening an investigation into the Situation in the State of Palestine. This followed a decision on 5 February 2021 by the Pre-Trial Chamber of the Court that the ICC could exercise its criminal jurisdiction in the Situation, including alleged war crimes and crimes against humanity (which includes the crime of apartheid).

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Jeff Handmaker is Associate Professor of Legal Sociology at the International Institute of Social Studies and, together with Margarethe Wewerinke-Singh at the University of Amsterdam Law School, a member of the Steering Group of the Legal Mobilization Platform

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Legal mobilization to end impunity for international crimes by Jeff Handmaker

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In 2014, on the 20th of July, the Israeli military targeted and bombed a home in a refugee camp in Gaza, killing several family members of Saad Ziada, including his mother and three brothers. Since this day, Mr. Ziada, a Dutch citizen and resident of the Netherlands, has persistently been seeking justice through legal mobilization. Ziada’s search for justice reveals the immense challenges faced by individuals and organizations seeking to hold individuals accountable for international crimes through different forms of legal mobilization.

It hasn’t been an easy journey. Ziada’s family were some of the 2000 killed, overwhelmingly civilians, during this large-scale Israeli military operation, which was extensively documented by United Nations investigators as well as representatives of Palestinian, Israeli and international human rights organizations. Numerous reports, including extensive dossiers that have been submitted to the International Criminal Court in The Hague as part of a preliminary examination, allege that international crimes were committed during Israel’s 2014 military operation.

Holding individuals accountable who were allegedly responsible in either Gaza or Israel has been a non-starter. The Israeli government has not even acknowledged that crimes took place, let alone pursued investigations against the alleged individuals responsible for those crimes. Ziada has therefore been compelled to seek justice elsewhere.

The most common response to any crime committed by an individual is prosecution in the country where the crimes took place. Obviously, this is an unrealistic prospect in a country that is led by a government unwilling to even acknowledge that such crimes took place. But international crimes have a special character.

International crimes are described in the preamble of the Rome Statute that established the International Criminal Court as “unimaginable atrocities that deeply shock the conscience of humanity”. Accordingly, multiple alternatives to prosecute international crimes have gradually emerged on the basis of what is described as “universal jurisdiction”. These alternatives include prosecution by the International Criminal Court or other specialized tribunal and prosecution in a “third country” that may have little to no association with the crime committed or the nationality of the alleged perpetrator.

The person who is prosecuted for international crimes doesn’t even need to have committed the alleged crimes themselves. For example, the Netherlands prosecuted the Dutch businessman Guus Kouwenhoven in relation to his complicity in war crimes committed in Liberia. In 2017, the Dutch Court of Appeal found Kouwenhoven to be criminally liable for his complicity in these crimes.

Alongside criminal jurisdiction, there is the possibility to sue an individual who is alleged to have committed an international crime for damages in a civil court. This is currently the basis of the case that has been brought to the Dutch District Court in The Hague by Ziada. The case is being brought against two Israeli military commanders who were believed to have ordered the bombing, including the former General Chief of Staff of the Israeli military, Benny Gantz, who has been campaigning to become president of Israel.

Universal jurisdiction received significant attention in our 2019 book Mobilising International Law for ‘Global Justice’, particularly in a chapter by Aisling O’ Sullivan. O’Sullivan argued how the struggle for ending impunity for international crimes is locked in a struggle between two competing approaches: on the one hand, there is a desire to hold individuals accountable for the most heinous of crimes; on the other, there is a desire to maintain order between nations which can be disrupted by these kinds of criminal trials. What further complicates matters are the different power positions between states and the tendency to give “deference to the interests of powerful states” (p. 180).

Universal jurisdiction was also the topic of a seminar that I co-organized in 2010 with Professor Liesbeth Zegveld, the outcome of which was contained in an ISS Working Paper. One of the key observations at this seminar was that “while some governments show a willingness to prosecute these crimes, others see this as a ‘problem’ and even advising their nationals / soldiers not to travel abroad” (p. 14).

What we observed then as a “relatively new area of the law” (p. 15) is now gaining currency, particularly in the courts of the Netherlands. Zegveld, who is also a prominent human rights lawyer, has represented several individuals and groups who have been seeking justice for international crimes committed against them and their loved ones. This includes the family of three men, including Rizo Mustafic, an electrician, who were killed during a massacre in the town of Srebrenica in Bosnia-Herzegovnia by Serbian military forces in 1995. A Dutch military contingent was part of a United Nations military force stationed in Srebrenica at the time and was said to have mostly stood by while the massacre took place. In September 2013, the Dutch Supreme Court confirmed that the Dutch military commanders were partly responsible for not taking sufficient action to try and prevent the massacre.

Apart from the obvious political sensitivities involved in holding individuals accountable for international crimes, these kinds of cases are incredibly complex, not least the challenges of gathering evidence to prove what happened. There are also various cultural and other challenges associated with international criminal justice, particularly through international criminal tribunals, which I have discussed in other academic work.

Zegveld represents Ziada in the case that will be heard on 17th September, 2019. Will the outcome of this particular case of legal mobilization further advance the struggle against impunity for international crimes? There can be little doubt that international lawyers, human rights groups and concerned individuals around the world will be awaiting the outcome of this hearing with great anticipation.

Image Credit: Palestine Justice Campaign

JeffHandmakerISS
About the author:

Jeff Handmaker is a senior researcher at the International Institute of Social Studies (ISS) and focuses on legal mobilisation.

He is a regular author for Bliss. Read all his posts here. 

 

 

Confronting Apartheid Through Critical Discussion by Ana María Arbeláez Trujillo and Jeff Handmaker

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The history of apartheid in South Africa is generally well-known. Yet, apartheid is not exclusive to that country. According to international law, and on various social grounds, Israel too may be viewed as maintaining an apartheid regime. What does apartheid mean and how has the international community confronted both South African and contemporary regimes of apartheid? This article takes up this discussion, reflecting on a recent event organised at the ISS.

On 11th April 2019, ISS hosted an event  to critically discuss the concept of apartheid and its application. Inspired by the work of known South African legal scholar Professor John Dugard, who addressed this event, he and other panellists went beyond the legal-historical origins of apartheid in South Africa and explored its relevance to the longstanding impasse between Israel and the Palestinians.[i]

Beyond the legal foundations of apartheid in South Africa and it becoming a crime in international law, the panelists explored the social impact of apartheid as separate development and how civic organizations and governments have resisted or maintained this situation.

Apartheid under international law

According to international law, the crime of apartheid, as defined by article 7 of the Rome Statute of the International Criminal Court, is a crime against humanity. It consists of:

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

The origins of this crime can be traced to the racialized legal regime established in South Africa from 1948 to 1990, although its definition is not restricted to that particular case. To the contrary, it is now an established position within academia, among civil society organizations, and UN agencies that the policies of Israel towards the Palestinian population also may be legally classified as an apartheid regime.

According to Dugard, Israel is more disrespectful of international law than South Africa was. He underscored that South Africa had accepted the importance of complying with norms of international law, yet argued that these norms were not applicable to the facts. By contrast, despite being party to several Human Rights Conventions that South Africa never was,[ii] Israel disregards the applicability of international law norms. This includes the Israeli government’s refusal to recognise the jurisdiction of the International Court of Justice, which in 2004 confirmed that the construction of the wall in the Occupied Palestinian Territory, the settlements and associated regime were contrary to international law.[iii]

So, how does one explain such a dismissive attitude towards international law? Both Dugard and Shawan Jabarin, who also spoke at the event, agreed that a combination of State complicity and lack of political will on the part of the United States and the European Union to ensure that Israel respected human rights and other sources of international law played a crucial role in perpetuating Israel’s domination of the Palestinian people.

As Jabarin further highlighted, although legally it is possible to argue that Israel’s occupation has many features of apartheid and colonialism, when assessing how the concept of apartheid applies in the Israel-Palestine territory, a purely legal analysis is insufficient. It is critical to consider political factors and the daily conditions that people face under the regime.

How nationality works in Israel-Palestine

Israel does not legally-recognise Israeli nationality. Instead, Israelis and Palestinians experience profoundly different conditions and enjoy different privileges, depending on their legally-mandated, privileged nationality as Jewish, or in accordance with more than 130 other officially-recognised nationalities. By disassociating the concepts of nationality and citizenship, Israel enforces a particularly strict regime of separate development. Ronnie Barkan, who also addressed the event, argued strongly that apartheid went beyond its application to Israel’s occupation of Palestinian territories, noting that not every Israeli citizen enjoys the same rights. In other words, the dual-layered legal framework of Israel privileges Jewish nationality, while excluding and/or neglecting the rights of everyone else.

Moreover, Barkan argued that Israel was built upon this sophisticated dual-layered framework that on the surface seemed like a democracy, but only protected the rights of a privileged national group. For example, although Palestinians are allowed to vote, only candidates who recognize Israel as a Jewish state are permitted to participate in elections. In this sense, the participation of Palestinians in the political system is only apparent in so far as it does not have the potential to modify power structures, or their living conditions.

Nationality also determines who gets access to land and who is allowed to live in certain areas. The blockade of the Gaza Strip and the West Bank, the establishment of settlements and the forced displacement of Palestinians from their villages are further examples of inhuman practices, through which Israel exercises its control.

All panelists agreed that the issue went beyond domination. The long term goal of Israel’s apartheid regime is not merely to exercise control over Palestinians, but to expel them from the land.

Responses to challenge apartheid

In July 2018, Israel issued the “Nation-State Law”.[iv] Among other measures, the law declares that Israel is a Jewish state, and that the only official language is Hebrew, whereas previously the second official language was Arabic. The law is by no means the first, but possibly the most blatant effort to entrench apartheid. Protests from civil society have been considerable, including a stepping-up of the Palestinian-led Movement for Boycott, Divestment and Sanctions (the BDS Movement) until Israel respects Palestinian rights.

As observed by the third panelist, Nieuwhof, the BDS Movement offers an action perspective, a tool to mobilize citizens to pressure governments and companies to support the Palestinian people. One of the early achievements of the movement, she noted, was a decision by the Dutch Bank ASN to divest from Veolia, one of many companies that has generated profits from the illegal occupation of the territory of Palestine.

All in all, the event was both timely and highly-relevant to the ISS research agenda on social justice. Regardless of one’s views, it is important to preserve spaces for discussions like this, which allow us to explore a critical perspective regarding one of the most relevant social justice issues of our time.

[i] In addition to Dugard, Ronnie Barkan, an Israeli human rights activist and founder of the movement Boycott From Within shared his perspectives, together with Adri Nieuwhof, a long-standing human rights advocate who worked from the late 1970s with the Holland Committee for Southern Africa and Shawan Jabarin, a Palestinian human rights advocate, Commissioner of the International Commission of Jurists (ICJ) and General Director of the Al-Haq.
[ii] Israel is signatory of the International Convention on the Suppression and Punishment of the Crime of Apartheid (ratified on 1973), the International Convention on the Elimination of All Forms of Racial Discrimination (ratified on 1979), the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment (ratified on 1991), and the International Covenant on Civil and Political Rights (ratified on 1991).
[iii] Israel’s Supreme Court only partially recognised the ICJ’s ruling. See Susan Akram and Michael Lynk (2006) ‘The Wall and The Law: A Tale of Two Judgements’, Netherlands Quarterly of Human Rights 24(1): 61-106.
[iv] This was the subject of an earlier event, also organized at ISS.

Image Credit: © 2007 George Latuff. Wikicommons. Nelson Mandela, who spent 27 years in prison for fighting apartheid in South Africa, said that “our freedom is incomplete without the freedom of the Palestinians”.

About the authors:

Ana Maria ArbelaezAna María Arbeláez Trujillo is a recent graduate from the Erasmus Mundus Program in Public Policy. She is a lawyer and a specialist in Environmental Law. Her research interests are the political economy of extractivist industries, environmental conflicts, and rural development.

JeffHandmakerISSJeff Handmaker is a senior researcher at the International Institute of Social Studies (ISS) and focuses on legal mobilisation.

He is a regular author for Bliss. Read all his posts here. 

 

 

Distorted anti-Semitism allegations in UK’s Labour Party are a cover for Israeli apartheid by Jeff Handmaker

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On 18 February 2019, Luciana Berger and six other British Members of Parliament (MPs) left the UK Labour Party. The most prominent reason provided by the departing MPs, led by Berger, is that the Party had become ‘institutionally anti-Semitic’, due mostly – or so it would appear – to Labour Party leader Jeremy Corbyn’s outspoken criticisms of the Israeli government and military. As discussed in this blogpost, which draws on a longer article published on Mondoweiss, these allegations are both dangerous distortions of anti-Semitism and serve as a shameful cover for Israel’s regime of apartheid.

In the extensive reporting that followed the departure of the Labour MPs, a Spectator columnist alleged that this was the beginning of the end for Labour, while the Guardian claimed that the party faced an anti-Semitism crisis. It was hardly mentioned in any of this reporting that the seven Labour Party members who decided to leave were all closely tied with Labour Friends of Israel, an avowedly pro-Israel organisation. Berger is its former director.

A report by the Media Reform Coalition identified ‘myriad inaccuracies and distortions’ in the reporting of anti-Semitism claims against the Labour Party, which prompted a public statement by prominent journalists and scholars. Fomenting a strategy of disinformation is consistent with claims made by Jonathan Cook, a highly respected author and long-time journalist, who has established that the Israeli Ministry of Strategic Affairs has long been actively seeking to marginalise its critics through a range of measures.

But where did the anti-Semitism claim come from?

The IHRA Definition

The contemporary ‘debate’ over anti-Semitism within the Labour Party relates to August 2018, when pro-Israel members of the party proposed the incorporation of a highly controversial definition of anti-Semitism. Called the “Working Definition of Antisemitism” and drafted in 2016 by a group called the International Holocaust Remembrance Alliance (IHRA), the IHRA definition contains vague and dangerously far-reaching conflations of criticisms of Israel and references to the holocaust.

The lobby to incorporate the IHRA definition was fierce and unrelenting, largely led by Berger and others affiliated with Labour Friends of Israel. At the time of the August 2018 debate, there were even efforts to smear Hajo Meyer, a Jewish survivor of Auschwitz who had once spoken at a Labour Party rally where he made comparisons between the Nazi regime and his observations of Israeli policies. Meyer, an outspoken retired theoretical physicist, recorded his experiences in a moving memoir The End of Judaism: An Ethical Tradition Betrayed, published in 2012.

Steven Garside, a member of the UK Labour Party and Palestine Solidarity Campaign who strongly opposed the IHRA definition, maintained that erroneous allegations of anti-Semitism were in fact related to Corbyn’s harsh criticisms of the Israeli government and military. Ash Sarkar of the Sandberg Instituut condemned the move as a threat to free expression. Prominent human rights lawyer Geoffrey Robertson warned that the definition would suppress legitimate criticism of Israel while failing to cover genuine cases of anti-Semitism.

But despite these criticisms and warnings, Labour ultimately decided to incorporate the definition in full.

Since then, emboldened by the wide-ranging IHRA definition, groups such as Labour Friends of Israel and the Jewish Chronicle, with very little substantiation, have sought to equate criticism of Israel as “Jew hate”.

For liberal supporters of Israel, adopting the IHRA definition has been a crucial strategy. However, the true aim of such vacuous, yet highly damaging allegations is to avoid a critical dialogue on Israel’s policies of apartheid against Palestinians. Unlike South Africa apartheid, which from the 1960s became increasingly reported, understood and eventually condemned, Israeli apartheid has been shamefully underreported and is far less understood.

So what does Israeli apartheid look like?

The many forms of apartheid in Israel

Israeli apartheid takes many forms, whether this be the overt racism enshrined in Israel’s 2018 “Nation-State law” that discontinued Arabic as an official language, which is now being challenged in Court, or Israel’s continued blockade and bombing of Gaza (since 2005) that is currently the subject of a preliminary examination by the International Criminal Court.

Apartheid also takes the form of literally hundreds of insidious Israeli military orders, including Order 101 that makes it impossible for Palestinians to legally protest. Israeli regulations make it virtually impossible for Palestinians to build a home. This is due to the fact that Israel’s land and zoning regulations are, according to Israel’s Basic Law, oriented around “preserving” the land for Israel’s Jewish inhabitants.

But the most insidious manifestations of Israeli apartheid are the decades-long, everyday experiences of Palestinians. Farmers have to stand in long lines to reach their sheep in the agricultural village of Qalandia (that is surrounded by a high, concrete wall). School children in Hebron cannot walk to school without being stopped daily by soldiers at a military checkpoint to check the contents of their schoolbags. The UN Committee on the Elimination of Discrimination Against Women has heard numerous cases of official abuse against Palestinian women, including a seven-month pregnant woman assaulted at a checkpoint.

Given these examples, and much more, of Israel’s apartheid policies, it is exasperating that there is such a resistance to criticise Israel. And yet, this is exactly what happens. Liberal groups such as Labour Friends of Israel in the UK, Centre for Information and Documentation on Israel (CIDI) in the Netherlands and others repeatedly fuel the public’s outrage on anti-Semitism through disingenuous use of the IHRA definition, yet simultaneously maintain a silence that Israel’s policies amount to apartheid, not unlike the approach of like-minded liberal groups in Israel.

Apartheid cannot compete with a global social justice movement

Just as was ultimately the case in South Africa, neither Israel’s government, nor its most adamant, liberal supporters, can compete with a global social justice movement committed to ending Israel’s regime of apartheid. Rooted in equal rights claims, this movement is bolstered by growing judicial attention to Israel’s commission of war crimes and a highly successful, Palestinian-led global campaign of boycott divestment and sanctions (BDS).

The success of the BDS movement is acknowledge to have transformed the debate on Israel-Palestine. Indeed, as prominent Israeli journalist Gideon Levy has put it, BDS has been a true success story for the movement, succeeding to undermine Israel’s strongly cultivated image as a liberal democracy.

The conclusion that can be drawn from all this is that just like those who turned a blind eye for decades to apartheid in South Africa, the failure of Luciana Berger, Labour Friends of Israel, CIDI, and others to confront Israeli apartheid will place them all on the wrong side of history.

Image Credit: https://www.stopthewall.org/apartheid-wrong

JeffHandmakerISS
About the author:

Jeff Handmaker is a senior researcher at the International Institute of Social Studies (ISS) and focuses on legal mobilisation.

He is a regular author for Bliss. Read all his posts here.