[Salon] Justice for Palestinians



Justice for Palestinians

Summary: the death of an elderly Palestinian-American at the hands of the IDF raises yet again the imperative of the fight for justice in Palestine; a transcript of our 31 December podcast with the Conservative MP for Reigate Crispin Blunt who launched the International Centre of Justice for Palestinians (ICJP) in 2021.

Israeli military spokesman Lieutenant Colonel Amnon Shefler said the military “will investigate this event in a thorough and professional manner, acting in line with our values and protocols.”

The “event” in question was the death of an 80 year-old Palestinian-American in the West Bank village of Jiljilya  in the early morning of 12 January. Omar Abdalmajeed Asad was returning home from visiting relatives when he was stopped by soldiers at around 3 AM. He was blindfolded and handcuffed with plastic cuffs and led away to a building under construction. His body with a plastic handcuff still on one wrist was found face down about an hour later on the ground outside.


80-year-old Omar Abdalmajeed Asad died while in the custody of Israeli forces in the occupied West Bank on Wednesday

His death sparked an angry response from American lawmakers including Wisconsin Senator Tammy Baldwin. Asad had lived and worked for decades in the city of Milwaukee before returning to Palestine ten years ago.  The senator tweeted:

This is a horrible tragedy that demands a thorough investigation and I want to extend my condolences to the Asad family, including those in Wisconsin who are mourning this tragic loss and deserve answers.

Also weighing in on Twitter was Rashida Tlaib who wrote

Two days ago, Israeli troops stopped a car driven by 80-year-old Palestinian-American Omar Abdulmajeed Asad. They dragged him from the car, beat him, and left him on the ground to die.

Tlaib, the only Palestinian-American in Congress, called the death outrageous and demanded that Secretary of State Antony Blinken investigate. Her tweet came a day after a State Department spokesperson had said it had been in touch with the Israeli government and “supports a thorough investigation into the circumstances of this incident.”

The IDF says that Asad was detained “after resisting a security inspection” and that he was alive when released. Many questions remain unanswered, including why an 80 year old was even stopped in the first place. However it is not likely that the IDF, investigating itself, will robustly pursue the true facts. Justice for Omar Abdalmajeed Asad and his family will in all likelihood not be realised.

It is precisely this sort of incident that damages Israel’s international reputation and in this instance, given that the victim was an American citizen, strains relations with Israel’s most important ally.

The case, as so many others over the years have done, points yet again to the absence of justice for Palestinians. That being so we thought it appropriate to publish a transcript, edited for length and clarity, of our 31 December podcast with the Conservative MP for Reigate Crispin Blunt. He, together with human rights lawyer Tayab Ali,  is the driving force behind the International Centre of Justice for Palestinians (ICJP) launched in the summer of 2021.  You can find the podcast here.

What is the thinking behind setting up the ICJP?

It struck me that the time had come to put into practice an idea Tayab had originally had about having a legal centre, that would be a place which we would advance legal claims to seek justice for Palestinians. Because if you can identify routes to restitution and justice, all of that helps use the moral and legal authority of the Palestinian position. Whereas resorts to violence, in desperation, do act to undermine that legal and moral authority, and have so far blocked routes to justice for Palestinians, rather than enabled them.

And the intent?

I think the objective has got to be to invite people to see the board from the other side. What does it look like, from Gaza if you're an ordinary Palestinian looking over the wall at Israel? What is the perspective of people there? Why have they chosen to support Hamas? Palestinians were one of the most liberal Arab societies. So how have we got to a stage where they're voting for a religious based party that is now the majority representative in their PLC (Palestinian Legislative Council), although they hadn't had an election since 2006? But why haven't they had an election since 2006? What route is there for Palestinians to democratically express their views? And so I don't think one needs, particularly to advocate, one needs to show and tell. And I think getting people (to see the other side) who are sympathetic to Israel - I'm sympathetic to the state of Israel - it is one of the greatest achievements of the 20th century to find a safe place for people in Europe who had to face centuries of oppression, and had just been on the receiving end of the greatest crime in human history. Now, of course, that has come at a price, finding that home. And it was a price when the British recognized what we were trying to do in the Balfour Declaration: that we were going to protect the interests of people already in the territories where the Jewish home was to be founded. Only we haven't delivered that half of the Balfour Declaration and that is the core of the injustice to Palestinians. Israelis deserve to live in security. But that can only come if the Palestinians are able to live with a recognition of what they have lost and restitution that is made.

How will the  ICJP pursue its legal mission and what sort of cases do you think you'll take on?

I think Tayib Ali and I share hopes that it will become a legal firm in its own right at some point and be able to receive instructions in that way rather than seek legal firms to take on cases for us. And I also want it to begin to occupy a space where we start to coordinate all the different legal actions that are being taken on behalf of Palestinians in different jurisdictions so we don't have people doubling up and replicating areas.  And where (we use) rather obvious legal avenues for restitution that are not being taken. Or through any other avenues available to us, whether it's through the Israeli courts, or whether it's through international courts, or whether it's through global private sector institutions like Facebook who then set up their own oversight boards to make sure that people who use their services are being dealt with fairly, that we can use those as well and we need to be innovative about how we progress things. But of course at the core of the issue does remain the most serious breach of international law, the Fourth Geneva Convention and much flows from that.

So you are talking here about the settlements; they're illegal. 

Yes

But they’re continuing. Is that the sort of case that the ICJP will take on? And if so, how significant would a victory be?

Well a victory, any kind of advance in that area is very significant. But take the United Kingdom for example, there's a very strong campaign against the boycott and divestment campaign in the UK. But you then have to say to people who are saying, ‘you can't engage in that’, what are people supposed to do? You are not allowed to occupy someone else's territory, expel the people who live there and then settle your own citizens on it. That is a gross breach of the Fourth Geneva Convention. And I'm an ex-soldier. I grew up in a profession where the laws of war were the most profound laws that we had to understand and abide by and breaches of them were the most serious matter of all.

And here is a breach of the Fourth Geneva Convention; it's really grotesque that it is largely now being ignored by much of the international community and the United Kingdom can find itself signing an agreement with Israel where we're advancing security and cybersecurity connections. Well, all those things ought to come with a real consideration of how Israel is going to be invited to meet its international obligations.  It is a signatory to these conventions.

You, as you say, are ex- military and the IDF is an army of occupation. We've seen the videos where the army has stood by while settlers attack Palestinian farmers. This cannot be good for an army, to be in occupation, and for its soldiers to sit by while these various acts of aggression are carried out by settlers who are there illegally in the first place.

Exactly, and then one sees settlers who are even illegal by Israeli standards, and Israeli laws, where illegal settlements are then constructed, and then they gradually somehow become established settlements as the years go by. And then the different justice arrangements available for settlers as opposed to Palestinians under occupation. And all of it does then present a rather ugly story to the outside world for anyone who's going to fairly look at the situation. And I think, of course, there are very many Jews around the world who also looked at Israel as a very special place as a Jewish state as well as Israeli Jews for whom actually they want to put this right. And they don't want the State of Israel to be associated with injustice and the illegality of driving a coach and horses through the Fourth Geneva Convention. And actually, that's the basis on which reconciliation can be found.

You have said you're done with the two state solution

I am done with false hope in Parliament put it that way.  I'm an eternal optimist, but I've got fed up with advocating the cause in the British Parliament and it has  gone nowhere. So being a voice in Parliament I actually now much more am about doing something real, and  trying to pursue avenues of justice. I think this will be a more effective use of my experience and time and so that's why I've taken my efforts in this direction.

I'm interested that you have abandoned the two state solution. This is something that Jonathan Kuttab, who I spoke with a few months ago on the podcast has also done. But I'm wondering, it's a very difficult and hard road. Do you think that there can be a one state solution that gives equality to all? Do you see that happening?

Do I see that happening? It's a different question to whether it could. And theoretically, it could, it depends. It would need political movements on both sides to be in a majority position in order to enable it to happen. It may be that the Palestinians, if they get to a position where they say, ‘well, we're not going to get our own state, we'll go for a one state solution’, of course, there then becomes a rather basic request for their individual human rights within that one state if it is to be a democracy. And that leads you to certain conclusions about how that state might be organized. And if you got to that point, I think maybe the Israelis might be more interested in a rather more realistic two state solution. And even if it's therefore a tactical approach, that you are prepared to engage in full reconciliation within a single state, that sends a pretty powerful moral message. And on that basis, Israel, or the climate of opinion may be able to be created in Israel that would support a more realistic route to a two state solution.

Interesting thought that the possibility of a one state solution may be enough to jar the Israelis into actually taking seriously the idea that a two state solution is viable.

That was actually the thinking that was presented to me as long as 20 years ago. It was then that I was struck by the force of that approach (that) well if you're not going to give us a state of our own, then it has to be one state. And what are the implications of that? I quite like the implications from a moral point of view of making reconciliation and living together an actual project and then make it a project that commands global admiration for taking this terrible conflict that so disfigured the last half of the 20th century and the first part of the 21st and making it an example to the world of reconciliation.


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