Richard Silverstein: It is a sensitive subject, but the movement for Gaza 
accountability needs full Jewish participation
American Jewish groups must speak up over Gaza
Monday 20 April 2009 09.00 BST
 
When Israeli forces left Gaza in January, they left behind 1,400 Palestinian 
dead, 4,000 homes destroyed, universities and government buildings flattened, 
and tens of thousands homeless. The Israeli and world press documented IDF 
atrocities including the indiscriminate use of white phosphorus in densely 
populated urban areas, the assault on United Nations humanitarian facilities, 
the shelling of civilian homes, and the shooting in cold blood of unarmed 
civilians.
Israeli human rights groups have called for war crimes investigations of IDF 
actions. In the last few weeks, on-the-ground reports supported by eyewitness 
testimony have become available. They paint an even more damning picture. The 
attacks on UN facilities spurred the Palestinian Authority to call for a 
security council investigation. Officials announced they are investigating 
whether the international body has jurisdiction, but it seems likely that US 
opposition will doom such an avenue of redress.
The UN human rights council has just appointed a distinguished jurist, Richard 
Goldstone, to head an investigation of both IDF and Palestinian actions in 
Gaza. The council made a wise choice in Goldstone, who served as chief 
prosecutor of the international criminal tribunals for the former Yugoslavia 
and Rwanda: he has an impeccable record in his field and can be expected to 
issue a fair, balanced and thorough report.
Last week, Judge Balthazar Garzon announced the investigation of six Bush-era 
officials for devising a scheme that justified torture of terror suspects. With 
this development, it became clear there was a new method to hold violators 
accountable for their alleged crimes, and I am certain activists are already 
preparing dossiers for submission. Earlier this month, an international 
assemblage of individuals announced the formation of the Russell tribunal on 
Palestine. Modelled on the Russell tribunal on war crimes in Vietnam, and named 
after philosopher and peace campaigner Bertrand Russell, it aims to bring to 
bear international law as a force for adjudicating and resolving the 
Israeli-Palestinian conflict. The tribunal will hear a legal case prepared by 
volunteer experts from around the world. A jury of respected individuals will 
hear evidence from both sides and announce its finding of guilt or innocence to 
the world.
There is one important consideration that should encourage Israel to 
participate. If it truly believes Palestinian rocket attacks constitute war 
crimes, then it should vigorously make this point. The tribunal has already 
taken pains to point out that this is a part of its mandate: "Do the means of 
resistance used by the Palestinians violate international law?" However, I 
would imagine that Israel will not participate.
While Israel's savage assault against Hezbollah in Lebanon during the 2006 war 
generated an uproar, one wonders whether the massacres that occurred in Gaza 
crossed a moral threshhold. Can an effort to end Israeli impunity have real 
impact, both in terms of influencing world opinion and of impacting on Israeli 
behaviour? Israel has become an expert at wearing down its opponents, honing 
such skills during 40 years of occupation of the West Bank and Gaza. The 
question is: what, if anything, can the peace community do differently this 
time?
Each time the world witnesses another humanitarian tragedy resulting from 
Israeli military action, the outcry is louder. For example, the UN has never 
before entertained the possibility of investigating Israeli war crimes. The EU 
has informally made known that it intends to freeze a planned upgrade in 
relations with Israel and cancel of visit of Israel's prime minister as an 
indirect result. American universities such as Hampshire College and church 
denominations such as the Presbyterians contemplate ever more seriously the 
issue of divestment. Gaza crossed a red line. Now, new methods of protest and 
new means of ensuring accountability must be devised.
Horrors such as the Gaza war also breathe new life into movements like the 
Boycott, Divestment, Sanctions initiative. Recently, Naomi Klein and Rabbi 
Arthur Waskow engaged in a provocative debate at In These Times about BDS. The 
Gaza war made Klein a believer. Recently, Rabbi Brant Rosen wrote words that 
many in the American Jewish community might find heretical, that BDS could be a 
legitimate expression "of a weaker, dispossessed, disempowered people".
There can be no doubt that horrors such as Gaza serve as moral ice-breakers in 
the psyche of diaspora Jews. Ideas that hitherto might have been taboo or 
"anti-Israel" become suddenly legitimate. As Israel drifts farther to the 
right, American Jews are challenged to respond morally. In this context, the 
forbidden becomes acceptable. Boycotts, divestment, sactions and war crimes 
investigations now appear tools through which to try to draw Israel back from 
the brink.
No major American-Jewish peace group has called for a Gaza war crimes 
investigation. It is a sensitive subject among diaspora Jews. But if Israeli 
human rights organisations can make such a call, there is no reason why 
Americans should be afraid to do so. The movement for Gaza accountability needs 
full Jewish participation.
My motivation in writing this is not to avenge the deaths of innocent 
Palestinians. Nor is it for pure justice. It is rather to bring Israel back 
from the brink. Like one of the slogans of the Israeli military during the Gaza 
war – "baal habayit hishtageya" ("the boss has lost it") – Israel's policy has 
verged on madness. Nor has it achieved its objective of pacifying Gaza or 
toppling Hamas. And isn't one of the definitions of madness to repeat a 
behaviour even after it has failed, with the conviction that it will succeed 
the next time? When you see a loved one or family member descending into 
self-destruction, you reach out and help. My goal is to turn Israel away from 
the path of madness.


      

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