by Francis A. Boyle
Global Research, January 24, 2009
When the Oslo Document was originally presented by the Israeli government to the Palestinian Delegation to the Middle East Peace Negotiations in the Fall of 1992, it was rejected by the Delegation because it obviously constituted a bantustan. This document carried out Menachem Begin’s disingenuous misinterpretation of the Camp David Accords–expressly rejected by U.S. President Jimmy Carter–that all they called for was autonomy for the people and not for the land too.
Soon thereafter, unbeknownst to the Delegation and to almost everyone else, the Israeli government opened up a secret channel of negotiations in Norway. There the Israeli government re-presented the document that had already been rejected by the Palestinian Delegation in Washington, D.C. It was this document, with very minor modifications, that was later signed at the White House on 13 September 1993.
Before the signing ceremony, I commented to a high-level official of the Palestine Liberation Organization: “This document is like a straight-jacket. It will be very difficult to negotiate your way out of it.” This PLO official agreed with my assessment and responded: “Yes, you are right. It will depend upon our negotiating skill.”
Of course I have great respect for Palestinian negotiators. They have done the best they can negotiating in good faith with the Israeli government that has been invariably backed up by the United States. But there has never been any good faith on the part of the Israeli government either before, during or after Oslo. Ditto for the United States.
Even if Oslo had succeeded, it would have resulted in the imposition of a bantustan upon the Palestinian People. But Oslo has run its course! Therefore, it is my purpose here today to chart a NEW DIRECTION for the Palestinian People to consider.
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An agenda for an international legal response:
First, we must immediately move for the de facto suspension of Israel throughout the entirety of the United Nations System, including the General Assembly and all U.N. subsidiary organs and bodies. We must do to Israel what the U.N. General Assembly has done to the genocidal rump Yugoslavia and to the criminal apartheid regime in South Africa! Here the legal basis for the de facto suspension of Israel at the U.N. is quite simple:
As a condition for its admission to the United Nations Organization, Israel formally agreed to accept General Assembly Resolution 181 (II) (1947) (partition/Jerusalem trusteeship) and General Assembly Resolution 194 (III) (1948) (Palestinian right of return), inter alia. Nevertheless, the government of Israel has expressly repudiated both Resolution 181 (II) and Resolution 194 (III). Therefore, Israel has violated its conditions for admission to U.N. membership and thus must be suspended on a de facto basis from any participation throughout the entire United Nations System.
Second, any further negotiations with Israel must be conducted on the basis of Resolution 181 (II) and its borders; Resolution 194 (III); subsequent General Assembly resolutions and Security Council resolutions; the Third and Fourth Geneva Conventions of 1949; the 1907 Hague Regulations; and other relevant principles of public international law.
Third, we must abandon the fiction and the fraud that the United States government is an “honest broker.” The United States government has never been an honest broker from well before the very outset of these negotiations in 1991. Rather, the United States has invariably sided with Israel against the Palestinians. We need to establish some type of international framework to sponsor these negotiations where the Palestinian negotiators will not be subjected to the continual bullying, threats, harassment, intimidation and outright lies perpetrated by the United States government.
Fourth, we must move to have the U.N. General Assembly impose economic, diplomatic, and travel sanctions upon Israel pursuant to the terms of the Uniting for Peace Resolution (1950), whose Emergency Special Session on Palestine is now in recess.
Fifth, the Provisional Government of the State of Palestine must sue Israel before the International Court of Justice in The Hague for inflicting acts of genocide against the Palestinian People in violation of the 1948 Genocide Convention!
Sixth, An International Criminal Tribunal for Israel (ICTI) can be established by the UN General Assembly as a “subsidiary organ” under article 22 of the UN Charter. Article 22 of the UN Charter states the UN General Assembly may establish such subsidiary organs as it deems necessary for the performance of its functions. The purpose of the ICTI would be to investigate and Prosecute suspected Israeli war criminals for offences against the Palestinian people.
On January 4, 2009, Nobel Peace Laureate, Mairead Maguire wrote to the UN Secretary General, Ban Ki-Moon and Father Miguel D’Escoto President of United Nations General assembly adding her voice to the many calls from International Jurists, Human rights Organizations, and individuals, for the UN General Assembly to seriously consider establishing an International Criminal Tribunal for Israel in view of the ongoing Israeli atrocities against the people of Gaza and Palestine.
Francis A. Boyle is Professor of International Law at the University of Illinois. He was Legal Advisor to the Palestinian Delegation to the Middle East Peace Negotiations (1991-93)


Widespread anger in Egypt at Mubarak regime
January 25, 2009Johannes Stern reports from Cairo | WSWS, 24 January 2009
Muhammad lights up a cigarette and quietly utters an oath directed at Egyptian president Hosni Mubarak. The 25-year-old expresses what many Egyptians think at present: “Mubarak is a swine who has worked together with Israel to turn Gaza into a prison and is responsible for the suffering of the Palestinians.”
The student from downtown Cairo continues to speak harshly about the government. Today, three days after Israeli troops began to withdraw from the Gaza Strip, he remains angry and criticizes the role played by Egypt in the Gaza conflict. “Probably Mubarak gave [Israeli Foreign Minister Tzipi] Livni permission to attack Hamas, which he regards as a thorn in his side.”
In fact, Livni met Mubarak two days prior to the Israeli attack and, according to a report in the Israeli daily Haa’retz, Egyptian government officials were informed in advance of the planned offensive.
Many other Cairo residents share Muhammad’s anger and revulsion. They are shocked by the crimes committed by Israel during its three-week offensive in the Gaza Strip and furious with the Egyptian government, which—in the midst of the Hamas-Fatah fighting in June 2007—blocked its own border with the enclave and effectively turned the densely-populated region into a prison camp.
The fact that Mubarak refused to open the Rafah border crossing during the latest continuous bombardment by Israel, thereby leaving Palestinians to their fate, has left many Egyptians feeling just as much hatred for their own government as for American and Israeli militarism.
When asked about the role of other Arab governments, Muhammad declares: “The most treacherous, of course, are the regimes that cooperate more or less openly with the US, i.e., Jordan and Saudi Arabia, alongside Egypt. The fact that Venezuela expelled the Israeli ambassador in protest, but not Egypt, is a disgrace.”
The largest demonstration in Egypt took place on 9 January in Alexandria, with over 50,000 protestors taking part. Police anti-riot units, who originally intended to suppress and disperse the demonstration, were forced by the sheer number of those participating to withdraw and allow the rally to proceed.
Another large demonstration, with more than 15,000 participants, occurred one week later in Mahalla Al-Kubra. Last April that city experienced some of the most extensive riots in Egypt in 30 years against rising food prices and declining wages. This time demonstrators protested the war crimes in the Gaza Strip, but they also directed slogans against the complicity of Arab governments and particularly the Egyptian regime.
Since the start of the Israeli withdrawal the streets of Cairo have been dominated by large numbers of police and units of heavily armed anti-riot squad units, ready to suppress violently any form of spontaneous protest.
Last Saturday thousands of demonstrators responded to an appeal by the country’s largest, but officially banned opposition party, the Muslim Brotherhood, to participate in an anti-war demonstration in the city’s Ramses Square.
In the event, the demonstration was blocked by a large force of police. In order to prevent the demonstration the police and city administration went so far as to close down the nearest subway station to Ramses Square (ironically, the station is named after Mubarak) and subway trains bypassed it. Following clashes with demonstrators, the police made many arrests, including a journalist from the independent daily paper, al-Masry al-Youm.
The protests against the war in Gaza revealed the huge gulf between the Arab masses and the despotic and corrupt governments in the region. In Egypt these tensions are so pronounced that every major protest causes the Mubarak regime to fear for its existence. It responds in turn with ever increasing brutality to suppress popular opposition.
Resistance is growing particularly among workers and students, who have organized a series of protest actions beyond the control of the established parties or trade unions.
On 10 January the Egyptian Popular Committee for Solidarity with the Palestinian People organized a solidarity convoy involving hundreds of activists, which headed towards Gaza and demanded the opening of the Rafah border crossing. After passing three checkpoints the convoy was stopped shortly before el-Arish, in the middle of the desert, by heavily armed security forces and forced to turn around.
Another aid convoy was organized by strike leaders in Mahalla Al-Kubra. On 11 January approximately 1,000 textile workers employed at Masr Spinning and Weaving organized a sit-in-strike in front of the local office of the state-run trade union. The workers protested against the arbitrary punishment of co-workers who had taken part in a protest against the privatization of the factory on 30 October last year. The sit-in continues and is directed primarily against the union, which the workers accuse of cooperating with management.
Despite the radicalization of workers and students during the weeks of protests, it is clear that most large demonstrations were organized and dominated by the Muslim Brotherhood. The Islamic fundamentalists are only able to retain the leadership of such protests in a period of rapidly growing poverty because of the absence of a progressive political alternative. The Brotherhood, a bourgeois party with backing from some wealthy businessmen, offers no solution to the unbearable economic conditions in Egypt or to the suppression of the Palestinians.
For its part, the “left” Tagammu—a party consisting of diverse Nasserists, Stalinists and self-proclaimed “progressive” nationalists, founded by Anwar Sadat in 1976 as a union of leftist currents in the old Nasserist Unity Party ASU (Arab Socialist Union)—has shifted far to the right and is unable to offer any sort of alternative to the Muslim Brotherhood and provide the protests with a progressive perspective.
Such a perspective is necessary, however, to resolve the suffering of the Palestinians and the suppression of the Arab masses. The aim must be the building of a political movement that consciously seeks to unite the Palestinian, Jewish and Arab working class in the fight for a socialist federation in the Middle East. This would eliminate the artificial borders with which the imperialist powers divide and control the region. This is the only way to halt the Israeli war machine and provide a lasting solution for the social, economic and political needs of all those in the region.
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Tags:FM Tzipi Livni, Gaza Strip, Palestinians, President Hosni Mubarak, protests, the Rafah border crossing
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