1
WHY NOW?
to the most effective effort to date aimed at ending Israelâs impunity and realizing Palestinian rights: the global BDS movement. The current1 grim reality on the ground in occupied Palestine makes a comprehensive boycott of Israel and its complicit institutions not only a moral obligation but also an urgent political necessityâfirst and foremost to avert genocide, and second, for those who may be oblivious to the moral argument and subscribe to what they perceive as a realpolitik approach, to head off a meltdown of the geopolitical system in the entire Arab / Middle Eastern region. Beyond preventing total, bloody chaos, the Palestinian civil society call for boycott, divestment, and sanctions (BDS)2 aims to hold Israel accountable to international law and universal principles of human rights, in the pursuit of freedom, justice, self-determination, equality, and sustainable peace.
BDS is urgent because of the nightmarish conditions facing the Palestinian people and because the UN and the worldâs dominant states, led by the United States, have not only failed to hold Israel accountable to its obligations under international law but afforded it immunity, practically turning it into a state above the law of nations. This chapter focuses on the most serious of Israelâs crimes against the Palestinian people and why BDS promises to be an effective and potentially decisive response to them.
When the most stringent phase of Israelâs ongoing siege of the occupied Gaza Strip started in June 2007, right after Hamas took over âpowerâ there from a US-Israeli-backed faction of Fatah, few human rights and international law experts were able to accurately analyze the real motives and policy objectives behind Israelâs patently illegal and immoral form of collective punishment. Even fewer had the insight to foretell the long-lasting consequences this siege would have on the 1.5 million Palestinians cramped in what was accurately described as the worldâs largest open-air prison. Richard Falk, a leading international law expert and the current UN special rapporteur for human rights in the occupied Palestinian territories, stood out among those few. In 2007 he wrote:
Is it an irresponsible overstatement to associate the treatment of Palestinians with [the] criminalized Nazi record of collective atrocity? I think not. The recent developments in Gaza are especially disturbing because they express so vividly a deliberate intention on the part of Israel and its allies to subject an entire human community to life-endangering conditions of utmost cruelty. The suggestion that this pattern of conduct is a holocaust-in-the-making represents a rather desperate appeal to the governments of the world and to international public opinion to act urgently to prevent these current genocidal tendencies from culminating in a collective tragedy. If ever the ethos of âa responsibility to protect,â recently adopted by the UN Security Council as the basis of âhumanitarian interventionâ is applicable, it would be to act now to start protecting the people of Gaza from further pain and suffering.3
Falk was not only diagnosing Israelâs hermetic siege and its cruelty; he was actually predicting the slow genocide that has transpired as a result of the blockade and the December 2008âJanuary 2009 Israeli war of aggression that aggravated it. Insightful indicators of the scale of the crime committed by Israel in Gaza were revealed in the report issued by UN Fact-Finding Mission on the Gaza Conflict, headed by the prominent South African judge Richard Goldstone, who happens to be a Zionist with ties to Israel. Among its damning findings, the Goldstone Report states:
1688. It is clear from evidence gathered by the Mission that the destruction of food supply installations, water sanitation systems, concrete factories and residential houses was the result of a deliberate and systematic policy by the Israeli armed forces. It was not carried out because those objects presented a military threat or opportunity but to make the daily process of living, and dignified living, more difficult for the civilian population.
1689. Allied to the systematic destruction of the economic capacity of the Gaza Strip, there appears also to have been an assault on the dignity of the people. This was seen not only in the use of human shields and unlawful detentions sometimes in unacceptable conditions, but also in the vandalizing of houses when occupied and the way in which people were treated when their houses were entered. The graffiti on the walls, the obscenities and often racist slogans all constituted an overall image of humiliation and dehumanization of the Palestinian population.
1690. The operations were carefully planned in all their phases. Legal opinions and advice were given throughout the planning stages and at certain operational levels during the campaign.
There were almost no mistakes made according to the Government of Israel. It is in these circumstances that the Mission concludes that what occurred in just over three weeks at the end of 2008 and the beginning of 2009 was a deliberately disproportionate attack designed to punish, humiliate and terrorize a civilian population, radically diminish its local economic capacity both to work and to provide for itself, and to force upon it an ever increasing sense of dependency and vulnerability.4 (emphases added)
Although the UN report, adopted by the UN Human Rights Council with a comfortable majority despite hypocritical objections from the United States, the European Union, and Israel, calls on Israelâand the unrecognized Hamas government in Gazaâto âlaunch appropriate investigations that are independent and in conformity with international standards.â It goes on to dampen any hope that Israel is capable, let alone willing, to do so:
1755. The Mission is firmly convinced that justice and respect for the rule of law are the indispensable basis for peace. The prolonged situation of impunity has created a justice crisis in the OPT that warrants action.
1756. After reviewing Israelâs system of investigation and prosecution of serious violations of human rights and humanitarian law, in particular of suspected war crimes and crimes against humanity, the Mission found major structural flaws that in its view make the system inconsistent with international standards. With military âoperational debriefingsâ at the core of the system, there is the absence of any effective and impartial investigation mechanism and victims of such alleged violations are deprived of any effective or prompt remedy. Furthermore, such investigations being internal to the Israeli military authority, do not comply with international standards of independence and impartiality.5
The necessity of holding Israel accountable by referring it to the International Criminal Court is the only logical conclusion one can reach from the above. This becomes more self-evident once the other, more fatal, long-term and genocidal aspects of Israelâs war on and siege of Gaza are exposed.
The systematic Israeli targeting of Gazaâs water and sanitation facilities has compounded an already âsevere and protracted denial of human dignity,â wrote Maxwell Gaylard, UN resident and humanitarian coordinator in the occupied palestinian territory, causing âa steep decline in standards of living for the [Palestinians] of Gaza, characterized by erosion of livelihoods, destruction and degradation of basic infrastructure, and a marked downturn in the delivery and quality of vital services in health, water and sanitation.â6
A 2009 report by Amnesty International on Israelâs intentional and long-standing policy of denying Palestinian fair access to their water resources has shed light on a particularly fatal aspect of Israelâs designs for the 1.5 million Palestinians in the occupied Gaza Strip. âIn Gaza,â the report affirms, â90â95 per cent of the water supply is contaminated and unfit for human consumption.â7 The report cites an earlier study by the UN Environmental Programme (UNEP), which correlates the widespread contamination of Gazaâs water resources to the rise in nitrate levels in the groundwater âfar above the WHO accepted guideline,â inducing a potentially lethal blood disorder in young children and newborns called methemoglobinaemia, or the âblue babiesâ phenomenon. Some of the detected symptoms of this disease in Gaza infants include âblueness around the mouth, hands and feet,â âepisodes of diarrhea and vomiting,â and âloss of consciousness.â âConvulsions and death can occurâ at higher levels of nitrate contamination, the report concludes.8
Contamination from Israelâs assault and siege did not stop at Gazaâs water resources; it dangerously polluted the soil as well. An independent group of scientists and physicians from the New Weapons Committee, an Italy-based group that researches the effects of recently developed weapons on civilian populations in war zones, conducted a study on Israelâs use of ânon-conventional weaponsâ and their âmiddle-term effectsâ on the Palestinian residents of areas in Gaza that were bombed by the Israeli army on two separate occasions. âThe 2006 and 2009 Israeli bombings on Gaza,â the study shows, âleft a high concentration of toxic metals in soil, which can cause tumours, fertility problems, and serious effects on newborns, like deformities and genetic pathologies.â9
dp n="47" folio="40" ?In a report tellingly titled Rain of Fire: Israelâs Unlawful Use of White Phosphorus in Gaza, Human Rights Watch confirms Israelâs deliberate targeting of civilians with devastating results. It states that the Israeli armyâs ârepeatedly exploded white phosphorus munitions in the air over [densely] populated areas, killing and injuring civilians, and damaging civilian structures, including a school, a market, a humanitarian aid warehouse and a hospital,â adding that the recurrent and indiscriminate use of this deadly weapon âindicates the commission of war crimes.â10
Corroborating such findings by international human rights organizations and UN agencies on the impact of Israelâs attacks on Gaza, on December 20, 2009, Al Dameer Association for Human Rights in Gaza published a position paper on the health and environmental problems caused by Israelâs extensive use of proscribed radioactive and toxic materials throughout its assault on Gaza. Among the many grave, âlong-lasting,â and âtragicâ effects of Israelâs intentional choice of munitions and its indiscriminate and recurring targeting of densely populated civilian neighborhoods, schools, and even UN shelters, the paper gives special attention to the âdramaticâ increase in the incidence of cancerâespecially among childrenâas well as the rise in the number of birth defects and miscarriages, âparticularly, in Jabalya, Biet Lahia, and Biet Hanoun as these areas witnessed the fiercest Israeli aggression.â Drawing attention to the considerable âimpact on menâs fertilityâ that this radioactive and toxic weaponry is causing, the report warns that this wide deterioration in the health status of people in Gaza will âplague the future generationâ and calls for âserious measuresâ toward âpressurizing Israel to lift the siege.â11
The above, mostly ongoing, Israeli crimes do not occur in a vacuum; they are products of a culture of impunity, racism, and genocidal tendencies that has overtaken Israeli society, shaping its mainstream discourse and âcommonsenseâ approach to the âPalestinian problem.â Weeks after the end of Israelâs attacks, for instance, testimonies of Israeli soldiers who participated in the commission of the Gaza massacre were published. Although the incidents they recount are merely the tip of the iceberg, these testimonies provide rare insight into prevailing Israeli thinking about the Palestinians and how best to âdeal with them.â The testimoniesâ significance is underscored by the fact that Israelâs military remains a âpeopleâs armyâ based on mandatory service for men and women alike and, as a result, the army has long been regarded as the countryâs foremost melting pot and an accurate representation of a wide spectrum in Israeli society.
Explaining orders to indiscriminately shoot civilians in residential buildings and civilian neighborhoods, one solider says: âFrom above they said it was permissible because anyone who remained in the sector and inside Gaza City was in effect condemned, a terrorist, because they hadnât fled.â
Another narrates how a well-reported incident of intentionally shooting and killing an elderly Palestinian woman took place: âA company commander saw someone coming on some road, ... an old woman. She was walking along pretty far away, but close enough so you could take [her] out.... If she [was] suspicious, not suspiciousâI donât know. In the end, he sent people up to the roof, to take her out with their weapons. From the description of this story, I simply felt it was murder in cold blood.â When asked why they shot her despite recognizing her as an older woman who posed no threat, the soldier replies: âThatâs what is so nice, supposedly, about Gaza: You see a person on a road, walking along a path. He doesnât have to be with a weapon, you donât have to identify him with anything and you can just shoot him.â
An honest soldier from an elite army brigade explains why a fellow sharpshooter who deliberately fired at a mother and her two children, killing all three, did not feel âtoo bad about it.â He says: âAfter all, as far as he was concerned, he did his job according to the orders he was given. And the atmosphere in general, from what I understood from most of my men who I talked to . . . I donât know how to describe it. . . . The lives of Palestinians, letâs say, [are] something very, very less important than the lives of our soldiers.â12
Gideon Levy, a renowned Israeli journalist, contextualizes this phenomenon among soldiers as a ânatural culminationâ of killing thousands of Palestinians over the previous nine years, ânearly 1,000 of them children and teenagers.â He writes:
Everything the soldiers described from Gaza, everything, occurred during these blood-soaked years as if they were routine events. It was the context, not the principle, that was different. An army whose armored corps has yet to encounter an enemy tank and whose pilots have yet to face an enemy combat jet in 36 years has been trained to think that the only function of a tank is to crush civilian cars and that a pilotâs job is to bomb residential neighborhoods.
To do this without any unnecessary moral qualms we have trained our soldiers to think that the lives and property of Palestinians have no value whatsoever. It is part of a process of dehumanization that has endured for dozens of years, the fruits of the occupation.13
During the Israeli war on Gaza, fundamentalist Zionist rabbis played an unprecedented role in urging soldiers to âshow no mercyâ to any Palestinian in Gaza, citing popular, yet fanatic, interpretations of Jewish law as justifying genocide against Gentiles in the âLand of Israelâ in any war of ârevengeâ or of necessity, as all Israeli wars are labeled by definition.14 The late Israeli academic and human rights advocate Israel Shahak15 was among the very first to expose this critical dimension, which had been intentionally overlooked by most analysts based on inexplicable sensitivities, as if Jewish fundamentalism were more benign or should be tolerated more than Islamic, Christian, Hindu, or any other fundamentalism.
It is crucial to note that fundamentalist interpretations of the Halacha, or Jewish law, openly justify massacres,16 even genocide (as in mass murder of ânon-Jewishâ civilians, including children), in what is termed a âwar of revengeâ or a ânecessary war.â A war of necessity in fundamentalist teachings would be waged against the entire âenemyâ population without sparing anyone. The only limit is on committing any act that might lead to more injury of t...