The following article was published by my friend, Dr Chandra Muzaffar, on January 4th, 2023, after the United Nations General Assembly (UNGA) voted to refer Israel to the International Court of Justice over the ongoing occupation of Palestine and associated human-rights violations. It is unlikely that the Israeli government will pay any attention to the determination of the World Court. Even so, Dr Muzaffar believes that the UNGA decision is important.

with Dr Chandra Muzaffar in Kuala Lumper, Malaysia, in 2013
THE UN GENERAL ASSEMBLY DRAGS ISRAEL TO THE WORLD COURT
By Chandra Muzaffar
The United Nations General Assembly (UNGA) voted last week to refer Israel to the International Court of Justice (World Court) for its on-going violation of the right of the Palestinian people to self-determination in the occupied territories of the West Bank and Gaza and for adopting measures aimed at altering the demographic composition, character and status of the holy city of Jerusalem.
Before we analyse the significance of the vote, let us probe the actual voting pattern. 87 states voted to refer Israel to the World Court. This represents almost all the Muslim majority states including those that had recently established diplomatic relations with Israel. It shows that on this issue at least, the diplomatic manoeuvres of Israel and its backers have not helped the Zionist state. Other largely non-Muslim majority states in Latin America, Africa and Asia also endorsed the resolution. It is notable that both China and Russia supported the move to haul Israel before the World Court. 26 countries voted against the UNGA resolution. Among them were of course the US, Britain and a number of other Western states. A huge number — 53 — also abstained. India which at the time of the creation of Israel in 1948 was in the forefront of the struggle to defend the rights of the Palestinians was one of the abstentions. Its growing ties with Israel, especially in the military sphere have often been cited as the main reason for this change in attitude.
The Indian stance does not in any way nullify the significance of the vote for the resolution. The UNGA is asking the highest jurisdictional authority in the world to state its stand on Israel’s conduct as the Occupying Power over lands it has held in its grip for the last 55 years. Right from 1967, the UNGA has viewed Israel not only as an Occupying Power but has also demanded that Israel withdraw from the West Bank and Gaza. Needless to say, Israel has ignored this plea. It is worth observing that this time the UNGA’s request is being made when Israel is led by perhaps its most extreme right-wing government which has pledged to pursue policies that will undermine even further what little is left of the rights of the Palestinian people and demolish even more the Christian and Muslim features of Jerusalem.
By asking the World Court to examine Israeli behaviour in the Occupied Territories, the UNGA is telling Israel that it is under scrutiny. It is holding Israel accountable. It is forcing a rogue state to behave properly —a State that since 1948 has refused to abide by the norms and standards of conduct that all states are expected to uphold.
If the World Court concurs in essence with the UNGA resolution that Israel has violated the right of the Palestinian people to self-determination and has attempted to alter the character of Jerusalem, how would the Israeli government under Benjamin Netanyahu respond? Going on the basis of his past and present conduct, it is almost certain that he will ignore the World Court’s position and even rail against the body just as he has condemned the UNGA for its recent resolution. In other words, there will be no change in Israeli behaviour in the Occupied Territories or in Jerusalem. After all, in 2004 the World Court had already ruled that Israeli settlements in the Occupied Territories were in breach of international law but Israel continued to expand the settlements which today house about 700,000 Jewish settlers.
But this should not in any way diminish the usefulness of going to the World Court or working through the UNGA. These are important routes to take for at least two reasons. One, they reveal that Israel is the real problem and that it is this problem that has to be resolved in the interest of genuine peace. Two, by harnessing support from UN member states and UN agencies, the Palestinian cause is enhanced. It strengthens the Palestinian position as it confronts not just Israel but its principal backer, the US and a number of European states, sometimes joined by Japan and South Korea.
It is perhaps at this juncture that we should examine briefly Palestine’s relationship with the UN. It has been ambivalent at best. It was the UN under the influence of the US and other Western powers that presided over the unjust partition of historical Palestine in 1948 giving the less than 30% Jewish population two-thirds of the land while the 70% Palestinian majority comprising Muslims and Christians was awarded the remaining one-third. There was no plebiscite to determine how the people — the entire population — felt about the proposed partition. By ignoring the people’s feelings, the UN in effect transgressed its own Charter.
But after Israel seized Gaza and the West Bank including East Jerusalem in 1967, UN resolutions — as we have seen — clearly recognise Palestinians living in those territories as victims of Occupation. It should also be emphasised that through various resolutions the UN continues to recognise the right of the Palestinian people to self-determination, national independence and sovereignty. Besides, since November 2012, Palestine is a non-member observer state of the UN General Assembly.
The UN also looks after Palestinian refugees. The United Nations Relief and Works Agency (UNRWA) provides education, health relief and social services for over 5 million Palestinian refugees in Jordan, Lebanon, Syria. Gaza and West Bank, including East Jerusalem.
Palestine’s relationship with the UN is one wrapped in obligations, responsibilities, rights and aspirations. It has had its ups and downs. But it should continue to be viewed as one of the many channels through which the Palestinian people seek to secure their justice, freedom and dignity.
Dr Chandra Muzaffar is the president of the International Movement for a Just World (JUST).
Filed under Israel and Palestine, israel and palestine conflict by on Jan 7th, 2023. Comment.
Father Dave
Nearly all the words and phrases used by the Democrats, Republicans and the talking heads on the media to describe the unrest inside Israel and the heaviest Israeli assault against the Palestinians since the 2014 attacks on Gaza, which lasted 51 days and killed more than 2,200 Palestinians, including 551 children, are a lie. Israel, by employing its military machine against an occupied population that does not have mechanized units, an air force, navy, missiles, heavy artillery and command-and-control, not to mention a U.S. commitment to provide a $38 billion defense aid package for Israel over the next decade, is not exercising “the right to defend itself.” It is carrying out mass murder. It is a war crime.
Israel has made it clear it is ready to destroy and kill as wantonly now as it was in 2014. Israel’s defense minister Benny Gantz, who was the chief of staff during the murderous assault on Gaza in 2014, has vowed that if Hamas “does not stop the violence, the strike of 2021 will be harder and more painful than that of 2014.” The current attacks have already targeted several residential high rises including buildings that housed over a dozen local and international press agencies, government buildings, roads, public facilities, agricultural lands, two schools and a mosque.
I spent seven years in the Middle East as a correspondent, four of them as The New York Times Middle East Bureau Chief. I am an Arabic speaker. I lived for weeks at a time in Gaza, the world’s largest open-air prison where over two million Palestinians exist on the edge of starvation, struggle to find clean water and endure constant Israeli terror. I have been in Gaza when it was pounded with Israeli artillery and air strikes. I have watched mothers and fathers, wailing in grief, cradling the bloodied bodies of their sons and daughters. I know the crimes of the occupation—the food shortages caused by the Israeli blockade, the stifling overcrowding, the contaminated water, the lack of health services, the near constant electrical outages due to the Israeli targeting of power plants, the crippling poverty, the endemic unemployment, the fear and the despair. I have witnessed the carnage.
I also have listened from Gaza to the lies emanating from Jerusalem and Washington. Israel’s indiscriminate use of modern, industrial weapons to kill thousands of innocents, wound thousands more and make tens of thousands of families homeless is not a war: It is state-sponsored terror. And, while I oppose the indiscriminate firing of rockets by Palestinians into Israel, as I oppose suicide bombings, seeing them also as war crimes, I am acutely aware of a huge disparity between the industrial violence carried out by Israel against innocent Palestinians and the minimal acts of violence capable of being waged by groups such as Hamas.
The false equivalency between Israeli and Palestinian violence was echoed during the war I covered in Bosnia. Those of us in the besieged city of Sarajevo were pounded daily with hundreds of heavy shells and rockets from the surrounding Serbs. We were targeted by sniper fire. The city suffered a few dozen dead and wounded each day. The government forces inside the city fired back with light mortars and small arms fire. Supporters of the Serbs seized on any casualties caused by Bosnian government forces to play the same dirty game, although well over 90 percent of the killings in Bosnia were the fault of the Serbs, as is also true regarding Israel.
The second and perhaps most important parallel is that the Serbs, like the Israelis, were the principal violators of international law. Israel is in breach of more than 30 U.N. Security Council resolutions. It is in breach of Article 33 of the Fourth Geneva Convention that defines collective punishment of a civilian population as a war crime. It is in violation of Article 49 of the Fourth Geneva Convention for settling over half a million Jewish Israelis on occupied Palestinian land and for the ethnic cleansing of at least 750,000 Palestinians when the Israeli state was founded and another 300,000 after Gaza, East Jerusalem and the West Bank were occupied following the 1967 war. Its annexation of East Jerusalem and the Syrian Golan Heights violates international law, as does its building of a security barrier in the West Bank that annexes Palestinian land into Israel. It is in violation of U.N. General Assembly Resolution 194 that states that Palestinian “refugees wishing to return to their homes and live at peace with their neighbors should be permitted to do so at the earliest practicable date.”
This is the truth. Any other starting point for the discussion of what is taking place between Israel and the Palestinians is a lie.
Israel’s once vibrant peace movement and political left, which condemned and protested against the Israeli occupation when I lived in Jerusalem, is moribund. The right-wing Netanyahu government, despite its rhetoric about fighting terrorism, has built an alliance with the repressive regime in Saudi Arabia, which also views Iran as an enemy. Saudi Arabia, a country that produced 15 of the 19 hijackers in the September 11 attacks, is reputed to be the most prolific sponsor of international Islamist terrorism, allegedly supporting Salafist jihadism, the basis of al-Qaeda, and groups such as the Afghanistan Taliban, Lashkar-e-Taiba (LeT) and the Al-Nusra Front.
Saudi Arabia and Israel worked closely together to back the 2013 military coup in Egypt, led by General Adbul Fattah el Sisi. Sisi overthrew a democratically elected government. He has imprisoned tens of thousands of government critics, including journalists and human rights defenders, on politically motivated charges. The Sisi regime collaborates with Israel by keeping its common border with Gaza closed to Palestinians, trapping them in the Gaza strip, one of the most densely populated places on earth. Israel’s cynicism and hypocrisy, especially when it wraps itself in the mantle of protecting democracy and fighting terrorism, is of epic proportions.
read the rest of the article here.
Filed under Israel and Palestine by on May 21st, 2021. Comment.
I thought this was anti-Semitic fake news. Then I saw it confirmed on the Amnesty International website! Surely the world will not tolerate this sort of blatant race discrimination? Surely the people of Israel will not tolerate this?
The following details come from an article by Ramzy Baroud, first published on Countercurrents.
There is no legal or moral justification for Israel’s action. The Fourth Geneva Convention of 1949 asserts that an Occupying Power has the “duty of ensuring and maintaining … the medical and hospital establishments and services” with “particular reference” on taking the “preventive measures necessary to combat the spread of contagious diseases and epidemics.”
Even the Oslo Accords, despite their failure to address many crucial topics pertaining to the freedom of the Palestinian people, oblige both sides “to cooperate in combating epidemics and to assist each other in times of emergency,” the New York Times reported.
Not all Israeli officials deny that Israel is legally compelled to provide Palestinians with the help required to contain the rapid spread of the pandemic. This admission, however, comes with conditions. Former Israeli Ambassador, Alan Baker, told NYT that, while international law does “place an obligation on Israel” to help in the provision of vaccines to Palestinians, Palestinians must first release several Israeli soldiers who were captured in Gaza during and after the 2014 war.
The irony in Baker’s logic is that Israel holds over 5,000 Palestinian prisoners, including women and children, hundreds of whom are imprisoned without trial or due process.
The captured Israelis are held in Gaza as a bargaining chip, to be exchanged for the easing of Israel’s hermetic blockade on the densely populated Strip. One of the Palestinians’ main demands for the release of the soldiers is that Israel allows for the transfer of medical equipment and life-saving medication to the two million people of the Gaza Strip. International and Palestinian human rights groups have long reported on many unnecessary deaths among Palestinians in Gaza because Israel deliberately prevents Gazan hospitals from acquiring cancer medications.
Long before the onset of the coronavirus, Israel has weaponized medicine, and Gaza’s dilapidated health sector is a standing testimony to this injustice.
Perhaps, the overcrowded Israeli prisons remain the glaring testimony of Israel’s mishandling of the COVID-19 outbreak. Despite repeated calls by the United Nations and, particularly, the World Health Organization, that states should take immediate measures to help ease the crisis in their prison systems, Israel has done little for Palestinian prisoners. Al Haq reported that Israel “has taken no adequate measures to improve provision of healthcare and hygiene for Palestinian prisoners” in line with the WHO “guidance for preventing COVID-19 outbreak in prisons.” The consequences were dire, as the spread of COVID among Palestinian prisoners continues to claim new victims at a much higher ratio compared with Israeli prisoners.
Israel’s intentional hampering of Palestinian efforts to fight COVID is consistent with a trajectory of racism, where colonized Palestinians are exploited for their land, water and cheap labor, while never factoring as a priority on Israel’s checklist, even during the time of a deadly pandemic. Israel is an Occupying Power that refuses to acknowledge or respect any of its basic obligations as an Occupying Power under international law.
For the complete article, click here.
Filed under Israel and Palestine, israel and palestine articles by on Jan 26th, 2021. Comment.
Saturday, July 2nd, 2016: It was again my privilege to be invited to speak at an Al Quds Day event, this time in the grounds of the Kingsgrove Mosque.
I was surprised to receive applause about half-way through my brief address and I wasn’t sure at first what prompted it. It was afterwards that a Palestinian man came up to me and said “you said what we needed to hear. You told us not to forget Palestine. We are afraid that the world is forgetting us”.
Indeed the man’s plea makes sense. When there is so much trouble at home and abroad to absorb our energies, it is easy to forget the ongoing trauma of the Palestinian Occupation. The longer it goes on the more we are tempted to normalise it! In truth, we must never forget Palestine!
Father Dave
The video below covers the first half of my address. Please see the transcript below for the complete version.
Al Quds Day 2016
As most of you would know, I returned not long ago from Syria – my fifth visit there in the last four years. One of the great tragedies of Syria (and there are many tragedies associated with that great land at the moment) is that the violence and injustice being visited upon the Syrian people is so extreme that it can easily absorb all of our time and emotional energy and so distract us from other tragedies in our world that also deserve our prayers and our attention.
It’s not only Syria, of course. When we think of the suffering of the people of Yemen, and also of Iraq and Libya and the suffering of so many of our sisters and brothers around the world, it’s easy to feel overwhelmed and have no space in our hearts left for the people of Palestine. After all, there’s only so many people you can pray for at any one time!
I recognise in myself that I have fallen victim to this. I’m almost embarrassed to admit that I am president of Friends of Sabeel, Australia – the Australian church’s attempt at Palestinian Liberation Theology. I am supposed to be a recognisable face in the Palestinian struggle for justice and freedom, and yet I find the concerns of the Palestinian people have taken a back seat for me as my energies have been absorbed by other concerns that seem even more pressing!
The truth is that there is no more pressing need in our world than that of justice for the Palestinian people, for in truth, all these global tragedies we grieve are connected. As my friend, Bishop Riah Abu El-Assal (former Bishop of Jerusalem, himself a Palestinian) said “the road to world peace goes through Jerusalem”.
I believe this is true. I don’t mean that if we solve the Palestinian issue that all the other pieces of the puzzle will suddenly, magically fall into place, but I do believe that unless we put an end to the abuse and discrimination and disenfranchisement experienced by the Palestinian people, these other issues we struggle with will never be solved!
This year has been another hard year for the Palestinian people and, as I say, it has been a difficult year for all of us whose hearts yearn for Palestine. The problem has been further exacerbated too lately by initiatives taken within the Islamic world to divide the ummah over their attitude to Israel.
The Saudis have made a number of statements in recent months that seem to endorse the Israeli government and would thus encourage Muslims everywhere to accept the Palestinian Occupation as normal!
I don’t know whether the long term effect of this will be more love for the Israeli government or more hatred for the house of Saud. I suspect the latter. Either way though, I am tempted to say “welcome to the club”. The Christian community has been similarly afflicted for many years by prominent voices urging the faithful around the world to turn a blind eye to the abuse of the Palestinian people!
The other things I say is “thank God or Al Quds Day!”, and I mean that. In spite of the clamour of voices urging us to forget Palestine – voices coming through the media, through our political leaders, and (as I say) even from within the ranks of the faithful, on Al Quds Day we cannot forget Palestine!
The suffering of the Palestinian people is real and it is ongoing, and it cries out to Heaven for redress! God knows that the barriers to justice and freedom seem as intractable now as they ever have been, if not more intractable! Even so, we must do what we can and we must not give up! We must pray, and we must speak out, and we must take action wherever we can to uphold the dignity and humanity of the Palestinian people.
We may fear that our efforts will never amount to much. Even so, I am always encouraged in this regard by the comparison Jesus made between the Kingdom of Heaven and the yeast that’s sprinkled into dough to make bread.
Jesus told them still another parable: “The Kingdom of heaven is like this. A woman takes some yeast and mixes it with a bushel of flour until the whole batch of dough rises.” (Matthew 13:33)
The yeast seems insignificant when mixed in with the dough, and it is virtually indistinguishable from the rest of the lump. Even so, we know full well that when the time comes, these small flakes of yeast become the agents of extraordinary transformation! This is our hope too – that even though our collective effort seems small, that God will work through us and through all who remember Palestine today to bring about extraordinary and genuine transformation.
Thank God for Al Quds Day. Thank God for the ongoing strength and resilience of the people of Palestine. Thank God for the privilege of being able to participate in the process of transformation towards justice and peace.
Filed under Israel and Palestine, israel and palestine conflict by on Jul 6th, 2016. Comment.
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