Saturday, December 23, 2006

Israel's immoral 'right to exist'

What is really being asked of the Palestinians is that they concede they are subhuman and thus deserve the horror to which they have been subject, writes John V Whitbeck

Now that the Palestinian civil war long sought after by Israel, the US and the EU appears on the verge of breaking out, it may be timely to examine the justification put forward by Israel, the US and the EU for their collective punishment of the Palestinian people ostensibly in retaliation for their having made the "wrong" choice in last January's democratic elections: the refusal of Hamas to "recognise Israel" or to "recognise Israel's existence" or to "recognise Israel's right to exist".

These three verbal formulations have been used by the media, politicians, and even diplomats interchangeably, as though they mean the same thing. They do not.

"Recognising Israel", or any other state, is a formal legal/ diplomatic act by a state with respect to another state. It is inappropriate -- indeed, nonsensical -- to talk about a political party or movement, even one in a sovereign state, extending diplomatic recognition to a state. To talk of Hamas "recognising Israel" is simply sloppy, confusing and deceptive shorthand for the real demand being made.

"Recognising Israel's existence" is not logical nonsense and appears on first impression to involve a relatively straightforward acknowledgement of a fact of life -- like death and taxes. Yet, there are serious practical problems with this formulation. What Israel, within which borders? The 55 per cent of historic Palestine reserved for a Jewish state by the UN General Assembly in 1947? The 78 per cent of historic Palestine occupied by Israel in 1948 and now viewed by most of the world as "Israel" or "Israel proper"? The 100 per cent of historic Palestine occupied by Israel since June 1967 and shown as "Israel" on maps in Israeli schoolbooks? Israel has never defined its own borders, since doing so would, necessarily, place limits on them.

Still, if this were all that were being demanded of Hamas, it might be possible for it to acknowledge, as a fact of life, that a State of Israel exists today within some specified borders. "Recognising Israel's right to exist", the actual demand, is in an entirely different league. This formulation does not address diplomatic formalities or the simple acceptance of present realities. It calls for a moral judgment.

There is an enormous difference between "recognising Israel's existence" and "recognising Israel's right to exist". From a Palestinian perspective, the difference is in the same ballpark as the difference between asking a Jew to acknowledge that the Jewish Holocaust happened and asking him to acknowledge that it was "right" that the Jewish Holocaust happened -- that the Jewish Holocaust (or, in the Palestinian case, the ) was morally justified.

To demand that Palestinians recognise "Israel's right to exist" is to demand that a people who have, for almost 60 years, been treated, and continue to be treated, as subhuman, publicly proclaim that they are subhuman -- and, at least implicitly, that they deserve what has been done, and continues to be done, to them. Even 19th century US governments did not require the surviving Native Americans to publicly proclaim the "rightness" of their ethnic cleansing by Pale Faces as a condition precedent to even discussing what reservation might be set aside for them -- under economic blockade and threat of starvation until they shed whatever pride they had left and conceded the point.

Some believe that Yasser Arafat did concede the point in order to buy his ticket out of the wilderness of demonisation and earn the right to be lectured directly by the Americans. In fact, in his famous statement in Stockholm in late 1988, he accepted "Israel's right to exist in peace and security". This formulation, significantly, addresses the conditions of existence of a state that, as a matter of fact, exists. It does not address the existential question of the "rightness" of the dispossession and dispersal of the Palestinian people from their homeland to make way for another people coming in from abroad.

The original conception of the formulation "Israel's right to exist" and of its utility as an excuse for not talking to any Palestinian leadership that still stood up for the fundamental rights of the Palestinian people, are attributed to Henry Kissinger, the grand master of diplomatic cynicism. There can be little doubt that those states which still employ this formulation do so in full consciousness of what it entails, morally and psychologically, for the Palestinian people and for the same cynical purpose -- as a roadblock against progress towards peace and justice in Israel/Palestine and as a way of helping to buy more time for Israel to create more "facts on the ground" while blaming the Palestinians for their own suffering.

Many private citizens of good will and decent values may be taken in by the surface simplicity of the words "Israel's right to exist" (and even more so by the other two shorthand formulations) into believing that they constitute a self- evidently reasonable demand and that refusing such a demand represents perversity (or a "terrorist ideology"), rather than a need of Palestinians to retain their self-respect and dignity as full-fledged human beings while being stripped of almost everything else that makes life worth living. That this is so is evidenced by polls showing that the percentage of the Palestinian population that approves of Hamas's steadfastness in refusing to bow to this humiliating demand by their enemies -- notwithstanding the intensity of the economic pain and suffering inflicted on them by the Israeli and Western siege -- substantially exceeds that of the population which voted for Hamas in January.

It may not be too late to focus decent minds around the world on the unreasonableness -- indeed, the immorality -- of this demand and of the verbal formulation on which it is based, whose use and abuse have already caused so much misery and threaten to cause more.

* The writer is an international lawyer and author of The World According to Whitbeck.

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