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Why isn’t Israel shunned as a pariah nation, as South Africa once was, for denying the human rights of Palestinians and for the immorality of its ethno-supremacist practices?
In 2013, Justine Sacco, an executive at a New York public relations firm, sent a tweet in which she joked about AIDS among Black Africans. “Going to Africa,” her tweet said, “Hope I don’t get AIDS. Just kidding. I’m white!” The tweet, which went viral, was denounced as racist and, despite an abject apology, Sacco was fired from her job.
Amy Cooper earned a similar fate. In May, 2020, Cooper was roaming in New York’s Central Park when a male birdwatcher confronted her about her unleashed dog. Cooper then called the police. “There is a man, African American,” she reported, “and he is recording me and threatening me and my dog... please send the cops immediately!” For this racist ploy, Cooper was publicly condemned. She, too, ended up losing her job.
On July 8, 2024, the WRAL (Raleigh, North Carolina) news website ran the headline, “Millions of Tax Dollars Going to a Company Accused of Racism. WRAL Investigates Why the State Still Hasn’t Taken Action.” The headline implies that what’s allegedly going on is wrong and should be investigated, presumably to stop state support for a racist enterprise.
These examples of anti-racist reaction suggest that as a society we’ve reached a point where public expressions of racism, as well as public support for racism, are unacceptable. One offensive joke can get you fired. Yet we now see an egregious double standard being applied in the U.S. when it comes to tolerance of and support for racism.
Imagine a revised version of that WRAL headline: “Billions of Tax Dollars Going to a Country Accused of Racism. Mainstream Media Coordinate Efforts to Investigate Why the Federal Government Still Hasn’t Taken Action.” Don’t hold your breath waiting for it.
The reality is that billions of U.S. taxpayer dollars are going to a country not only accused of racism, but which, as many see it, was founded on racist premises, still practices apartheid, and whose leaders have for decades made unabashedly racist public statements. That country is, of course, Israel.
Israel’s anti-Palestinian racism is a glaring example of the dehumanization that racism entails and the murderous brutality racism enables.
Since October 7, 2023, blatantly racist statements by Israeli leaders have been widely reported. Israeli Prime Minister Benjamin Netanyahu likened Palestinians to Amalekites, an ancient tribe in Old Testament lore whom Yahweh told the Israelites to destroy—men, women, children, infants, and cattle. Israeli Defense Minister Yoav Gallant referred to Israel’s assault on Gaza as a fight against “human animals.” Other Israeli officials called for erasing Gaza from the face of the Earth, claiming that no Palestinian civilians are innocent.
Cued by their political leaders, Israeli soldiers have released racist videos on social media celebrating their dominance of Palestinians and the destruction of Palestinian homes.
From the top echelons of government to army field units, Israeli racism has been on clear display to the world. These expressions of virulent racism mattered to the International Court of Justice, which took them as evidence of genocidal intent, but they did not seem to matter to U.S. political leaders, except perhaps as instances of bad optics.
Partisans of Israel sought to explain away these expressions of anti-Palestinian racism as uncharacteristic outbursts, products of the rage many Israelis felt in the aftermath of the October 7 attack by Hamas. There is no doubt some truth in this claim; anger conduces to saying hateful things. But the history of anti-Palestinian racism in Israel did not begin in 2023. In fact, it precedes Israel’s founding.
Theodor Herzl, one of the principal architects of political Zionism in the late 19th century, saw the native Arabs of Palestine as “primitive and backward,” according to Israeli historian Avi Shlaim. Herzl expected Palestinian Arabs to be grateful for the prosperity that a Jewish influx would bring to Palestine. Consistent with the ideological fantasies of earlier generations of European colonizers, Herzl imagined that Jews would merit credit for assuming the white man’s burden of civilizing the natives.
Other early Zionists differed in the degree to which they anticipated Arab resistance to the formation of a Jewish state in Palestine. But all accepted the principle that it ultimately didn’t matter what the Indigenous people wanted. By use of military force backed by outside imperial powers (Britain; later the U.S.), and through diplomatic sidelining of Palestinian Arabs, Zionists aimed to create the ethnocratic state of Israel, regardless of the conflicting nationalist aspirations of Palestinians.
All this preceded WWII, the Holocaust, and the formal creation of Israel. The forcible displacement of 750,000 Palestinian Arabs from their homes and land—what we today would call “ethnic cleansing”—in the 1948 Nakba was largely a matter of putting into practice an idea rooted in political Zionism from the start: The lives, wishes, and well-being of the native Arab population would not be allowed to deter the creation of a Jewish state.
In one sense, little has changed since 1948. Successive Israeli governments have used different levels of violence to quash Palestinian resistance to colonial oppression, but all have adhered to the principle that Israel should be a Jewish state, run by Jews for Jews, with as few Palestinians as possible from the river to the sea. Nor has any Israeli government relinquished the idea that Palestinian desires for freedom and self-determination must be subjugated if necessary for Israel to exist as a Jewish state.
Today, the heir to this racist philosophy is Israeli Prime Minister Benjamin Netanyahu. Over 30 years ago, in his book A Place Among the Nations: Israel and the World, Netanyahu slandered Arabs across the board, writing, “Violence is ubiquitous in the political life of all the Arab countries. It is the primary method of dealing with opponents, both foreign and domestic, both Arab and non-Arab.” Netanyahu goes on to call terrorism “the quintessential Middle East export,” saying that “its techniques everywhere are those of the Arab regimes and organizations that invented it.” Projection much?
To be clear, what makes Zionism racist are its implicit assumptions that the desires of Jews to live in freedom, safety, and dignity take precedence over Palestinian desires for the same things; that it is acceptable for a militarily powerful Jewish state to impose its will on a stateless and vulnerable Palestinian group; and that the goal of maintaining a Jewish state trumps the basic human rights of Palestinians.
Anti-Palestinian racism helps to legitimate these ideas and is further reinforced when it is invoked, as by Netanyahu and other Israeli leaders, to justify violence and the daily humiliation of apartheid. These are not radical observations. In much of the world, outside the sphere of U.S. influence, Israel’s anti-Palestinian racism is plain as day, and what I’m saying here would be uncontroversial.
So when other expressions of racism are unacceptable in the U.S. today, why does anti-Arab Israeli racism get a pass? Why isn’t Israel shunned as a pariah nation, as South Africa once was, for denying the human rights of Palestinians and for the immorality of its ethno-supremacist practices?
One answer is that realpolitik rarely bends to morality. As former Secretary of State and Army General Alexander Haig once put it, Israel is like an unsinkable American aircraft carrier in the Middle East, projecting power in a region of great economic importance to the U.S. ruling class. Relative to the larger geopolitical stakes at play in the region, the fate of a stateless Arab minority is not that important, except as a potential source of instability. If this source of instability were somehow made to go away, many U.S. political leaders would be perfectly happy, regardless of the racism embedded in the solution.
Another reason many Americans are willing to tolerate Israeli racism is that the two nations are seen as sharing a similar origin story, one that makes racist crimes forgivable.
Just as European colonists once sought freedom from popes and kings by forging a new nation in North America, Jews sought freedom from pogroms and antisemitism by creating a Jewish state in the Middle East. Yes, some Indigenous people got hurt in the process, and that’s a shame. But this suffering pales when weighed against the benefits America and Israel have brought the world. What’s more, after the Holocaust, Jews have an undeniable claim to seek their own version of Manifest Destiny. So the story goes.
Those who accept this settler-colonial mythos—underscored by biblical fables, post-Holocaust guilt, and devaluing of a racialized Other—may have trouble seeing what Israel has done and is doing to the Palestinians as wrong. It will be admitted that maintaining an ethnocratic Jewish state is ugly, even bloody, at times; but the ends justify the means.
Nor should we forget that anti-Arab racism abounds in the U.S. as well as Israel. Americans are thoroughly propagandized to accept the stereotype of Arabs as terrorists, or as Islamic fanatics rooted in a regressive medieval culture. The racist Israeli view of Arabs thus fails to shock in the U.S., fails to shock as it should, because the same view is normalized here. Our “special relationship” with Israel is built in part on this shared infection with the virus of colonial racism.
Israel’s anti-Palestinian racism is a glaring example of the dehumanization that racism entails and the murderous brutality racism enables. This is what the world has seen play out in Gaza these last 10 months. There could be no better example, right now, of why Israeli racism should not get a pass in the U.S., nor anywhere, ever again.
This level of judicial consensus in such a politically polarized atmosphere lends support for viewing the court’s decision as authoritative when it comes to evaluating Israel’s behavior as an occupying power in relation to international humanitarian law.
The International Court of Justice overwhelmingly decided last week that Israel is no longer legally entitled to act as the occupying power in Gaza, the West Bank, and East Jerusalem, noting that its further presence in these territories is unlawful.
The decision took the form of an “advisory opinion” in response to two “legal questions” put to the ICJ by the United Nations General Assembly in 2022.
Israel declined to take part in the court proceedings except by way of a written statement objecting to the whole process as improper, arguing that Israel’s consent was needed before its governmental conduct could be legally evaluated by the ICJ, even in a process labelled as “advisory.”
Israel gives every sign of ignoring the ICJ as it works to “finish the job” in Gaza, while continuing the policies and practices associated with its approach to occupation since 1967.
Does being an “advisory opinion” rather than a formal judgment in a “contentious” case make a decisive difference in the political weight or legal authoritativeness of the outcome in this comprehensive legal scrutiny of Israel’s prolonged occupation of the Palestinian territories?
An important question is raised by the formal, obligatory format of the ongoing South African ICJ case alleging Israel is committing genocide in Gaza.
From Israel’s point of view, these two cases are not very different, beyond the ICJ focusing on the alleged legal wrongdoing associated with 57 years of prolonged occupation in one instance, and in the other, South Africa seeking the court’s support to end the Gaza genocide that started last October.
In both instances, Israel has denounced the ICJ for reaching legal conclusions that it says compromise its security and right to defend itself. With such reasoning, Israel gives every sign of ignoring the ICJ as it works to “finish the job” in Gaza, while continuing the policies and practices associated with its approach to occupation since 1967.
Israel’s language of rejection is clear, with the prime minister’s office noting in a statement: “Israel does not recognize the legitimacy of the discussion at the International Court of Justice in The Hague regarding the ‘legality of the occupation’—a move designed to harm Israel’s right to defend itself against existential threats.” Or in Prime Minister Benjamin Netanyahu’s cruder language, “No one will stop us.”
On a superficial level, this near-convergence of outcomes seems to neglect the intended distinction between what is “advisory” (and hence non-binding) and what is “obligatory” and binding. Upon more reflective consideration, this convergence is far deeper, grounded more in the evolving jurisprudence of the ICJ than in Israel’s criticisms of the process and refusal to implement the rulings in either case.
Also noteworthy is the fact that the U.S. and Australian judges cast their votes in line with the ICJ consensus, despite their governments being ardent supporters of Israel.
In its lengthy landmark decision on the issue of the Israeli occupation, the ICJ reached nine conclusions, none of which were opposed by more than four of the 15 participating judges.
This level of judicial consensus in such a politically polarized atmosphere lends support for viewing the court’s decision as authoritative when it comes to evaluating Israel’s behavior as an occupying power in relation to international humanitarian law—especially the Fourth Geneva Convention governing belligerent occupation—and international human rights law, especially the treaty prohibiting racial discrimination.
Such a consensus is strengthened by additional comments from judges from Global South countries (including Somalia and Lebanon) that go further than the advisory opinion itself to explore the relevance of the colonial background that informs the occupation of Palestine.
Also noteworthy is the fact that the U.S. and Australian judges cast their votes in line with the ICJ consensus, despite their governments being ardent supporters of Israel, with eyes closed to Israeli criminality in both the long occupation and the Gaza genocide.
As with the South African case, the ICJ gained widespread approval for so clearly putting law ahead of national identity. This kind of prioritization is missing from the political organs of the U.N., especially the Security Council, where affiliated flags take unquestioned precedence—and to be sure that the primacy of geopolitics is sustained, the permanent members, P5, get a veto (prompting Turkish President Recep Tayyip Erdogan to object with the pithy words: “The world is greater than five.”)
The ICJ formulates the substance of its legal analysis in language that intends to be obligatory with respect to Israel. It directs all states and the U.N. itself to implement its rulings on matters of illegality and the consequences of Israeli unlawfulness. While the decision is labelled “advisory,” as required by the ICJ framework, its pronouncements on the law are stated as if authoritative, and they are supported by the overwhelming majority of judges.
The ICJ also appears to be claiming the authority to tell three categories of political actors—Israel, all states, and the U.N.—what their obligations are with respect to its central finding that Israel’s prolonged presence is no longer legal and should be terminated as rapidly as possible.
This advisory opinion lends important authoritative support to several central Palestinian grievances with respect to international humanitarian and human rights law.
In the process of reaching this weighty conclusion, the ICJ found that Israel was responsible for blocking the Palestinian right to self-determination, wrongfully annexing Palestinian territory by force, violating the Fourth Geneva Convention through its large-scale settlement project, and relying upon discriminatory policies and practices to administer the occupied territories.
The few judges who refused to go along with these findings argued that the ICJ proceedings took insufficient account of Israeli security concerns and counter arguments.
Regardless, this advisory opinion lends important authoritative support to several central Palestinian grievances with respect to international humanitarian and human rights law, particularly concerning the lawfulness of controversial Israeli policies and practices in the occupied territories—and the legal duty of Israel, other states, and the U.N. to follow this decision up with concrete action.
This increased security underscores the outrage of millions of U.S. citizens that he has been invited to speak at the U.S. Congress as he conducts a genocide in Gaza.
Unbelievably, the U.S. Congress invited the war criminal Israeli Prime Minister Benjamin Netanyahu to address a joint session of Congress on July 24, thereby solidifying the complicity of the Executive and Legislative branches of the U.S. government in the genocide of Gaza.
An open gate of fence is pictured that will be closed for Netanyahu's trip to the U.S. Capitol. (Photo: Ann Wright)
Incredibly, the security arrangements for one person, Benjamin Netanyahu, surpass those implemented for 32 heads of state during the recent NATO anniversary in Washington, D.C.
While the NATO meetings involved high fences around the Washington Convention Center, the security for Netanyahu's visit includes fencing off the entire U.S. Capitol complex, placing barricades in front of the House of Representatives and Senate buildings, and around the Watergate complex where he stayed.
All states have the obligation not to recognize as legal Israel’s presence in the OPT and not to render aid or assistance in maintaining the situation created by the continued presence of Israel in the OPT.
Additionally, the Capitol buildings will be closed to the public all day on July 24, an occurrence even rarer than the security measures taken for the annual Presidential State of the Union address to a Joint Session of Congress.
This increased security underscores the outrage of millions of U.S. citizens that he has been invited to speak at the U.S. Congress. But, the outrage has not turned violent, unlike the January 6 riot on the Capitol by supporters of former U.S. President Donald Trump.
The prosecutor for the International Criminal Court has requested an arrest warrant for Netanyahu for his role in the genocide of Palestinians in Gaza. Over 39,000 Palestinians have been killed since October 7, 2023 with tens of thousands still buried under the rubble of their homes.
The recent Lancet report estimates that over 186,000 have been killed by Israeli military action in the past nine months.
Virtually all medical clinics and hospitals, schools, universities, and residential buildings have been destroyed by the brutal Israeli attacks on Gaza. Even the United Nations headquarters building in Gaza has been targeted and destroyed by Israeli forces using U.S. aircraft and weapons. The UNRWA schools and clinics have been destroyed in the Israeli plan to leave Gaza uninhabitable to force Palestinians to leave Gaza so that Israeli settlers can take over. In the past two days, at least 89 Palestinians have been killed in Khan Younis.
Adding further to the crimes of Netanyahu and the Israeli government, on July 19, 2024, the most recent pronouncement of the International Court of Justice, "Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem," held that: