Norman G. Finkelstein
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Gaza an inquest into its martyrdom Norman G. Finkelstein university of california press praise for gaza “ Th is is the voice I listen for, when I want to learn the deepest reality about Jews, Zionists, Israelis, and Palestinians. Norman Finkelstein is surely one of the forty honest humans the Scripture alludes to who can save ‘Sodom’ (our Earth) by pointing out, again and again, the sometimes soul-shriveling but unavoidable Truth. Th ere is no one like him today, but in my bones I know this incredible warrior for Humanity and Justice is an archetype that has always been. And will always be. Small comfort in these dark times, perhaps, but a comfort I am deeply grateful for.” — Alice Walker, winner of the Pulitzer Prize and National Book Award for Th e Color Purple “ As a modern-day Sisyphus, rolling the heavy boulder up the hill of disinfor- mation, Norman Finkelstein does not waver in his determination to take it to the crest. Although a non-lawyer, he masters the legal issues, the Geneva Conventions, ICJ advisory opinions, UN resolutions, and commission reports, weaving them into a compelling narrative, an articulate appeal for justice, a protest against the moral cop-out of the international community. Finkelstein refutes the Big Lie and many arcane little lies about Gaza and Palestine. A scholarly manual for every politician and every person con- cerned with human rights.” — Alfred de Zayas, Professor of Law, Geneva School of Diplomacy, and UN Independent Expert on the Promotion of a Democratic and Equitable International Order “ Norman Finkelstein, probably the most serious scholar on the confl ict in the Middle East, has written an excellent book on Israel’s invasions of Gaza. Its comprehensive examination of both the facts and the law of these assaults provides the most authoritative account of this brutal history.” — John Dugard, Emeritus Professor of Public International Law, Leiden University, and former Special Rapporteur to the UN Human Rights Council on Human Rights in the Occupied Palestinian Territory, 2001–2008 “ No scholar has done more to shed light on Israel’s ruthless treatment of the Palestinians than Norman Finkelstein. In Gaza, he meticulously details Israel’s massacres of the Palestinians in that tiny enclave during Operations Cast Lead and Protective Edge, while demolishing the myths Israel and its supporters have invented to disguise these shocking events.” — John J. Mearsheimer, R. Wendell Harrison Distinguished Service Professor of Political Science, University of Chicago “ Th is is an exceptional, singular work that will stand as a vital contribution to the literature on the Israeli-Palestinian confl ict and Middle East politics, while also securing an essential place in the fi elds of international and human rights law. Gaza is an indispensable resource for scholars, jurists, policy makers, and diplomats alike. A landmark.” —Sara Roy, Center for Middle Eastern Studies, Harvard University Gaza Gaza an inquest into its martyrdom Norman G. Finkelstein university of california press University of California Press, one of the most distinguished university presses in the United States, enriches lives around the world by advancing scholarship in the humanities, social sciences, and natural sciences. Its activities are supported by the UC Press Foundation and by philanthropic contributions from individuals and institutions. For more information, visit www.ucpress.edu. University of California Press Oakland, California © 2018 by Norman G. Finkelstein Library of Congress Cataloging-in-Publication Data Names: Finkelstein, Norman G., author. Title: Gaza : an inquest into its martyrdom / Norman G. Finkelstein. Description: Oakland, California : University of California Press, [2018] | Includes bibliographical references and index. | Identifi ers: lccn 2017015719 (print) | lccn 2017028116 (ebook) | isbn 9780520968387 (ebook) | isbn 9780520295711 (cloth : alk. paper) Subjects: LCSH: Human rights—Gaza Strip. | Palestinian Arabs—Crimes against—Gaza Strip. | Arab-Israeli confl ict—1993– | Gaza Strip— History—21st century. Classifi cation: lcc jc599.g26 (ebook) | lcc jc599.g26 f55 2018 (print) | DDC 953/.1—dc23 LC record available at https://lccn.loc.gov/2017015719 Manufactured in the United States of America 27 26 25 24 23 22 21 20 19 18 10 9 8 7 6 5 4 3 2 1 To Gaza, The Truth Th e massacre of innocent people is a serious matter. It is not a thing to be easily forgotten. It is our duty to cherish their memory. mahatma gandhi Contents Preface xi Acknowledgments xv part one operation cast lead 1 • Self-Defense 3 2 • Deterring Arabs, Deterring Peace 17 3 • Spin Control 39 4 • Human Shields 68 part two the goldstone report 5 • A Zionist Bears Witness 87 6 • Th e Star Witness Recants 117 part three the mavi marmara 7 • Murder on the High Seas 137 8 • Whitewash I: Th e Turkel Report 157 9 • Whitewash II: Th e UN Panel Report 177 part four operation protective edge 10 • Stalled Juggernaut 201 11 • Israel Has the Right to Defend Itself 211 12 • Betrayal I: Amnesty International 238 13 • Betrayal II: UN Human Rights Council 305 Conclusion 359 Appendix: Is the Occupation Legal? 367 Index 409 preface Th is book is not about Gaza. It is about what has been done to Gaza. It is fashionable nowadays to speak of a victim’s agency. But one must be realistic about the constraints imposed on such agency by objective circumstance. Frederick Douglass could reclaim his manhood by striking back at a slave master who viciously abused him. Nelson Mandela could retain his dignity in jail despite conditions calibrated to humiliate and degrade him. Still, these were exceptional individuals and exceptional circumstances, and anyhow, even if he acquits himself with honor, the elemental decisions aff ecting the daily life of a man held in bondage and the power to eff ect these decisions remain outside his control. Gaza, as former British prime minister David Cameron observed, is an “open-air prison.”1 Th e Israeli warden is in charge. In the popular imagination confected by state propaganda, and dutifully echoed by everyone else in authority, Israel is almost always reacting to or retaliating against “terrorism.” But neither the inhuman and illegal blockade Israel imposed on Gaza nor the periodic murderous “operations” Israel has unleashed against it trace back to Hamas rocket fi re. Th ese were Israeli politi- cal decisions springing from Israeli political calculations, in which Hamas military actions fi gured as a null factor. In fact, Israel more oft en than not reacted to Hamas inaction: the Islamic movement refused to provide the “terrorist” pretext Israel sought in order to launch an operation, the predicate of which was political, not military (self-defense). Of course, if Gaza “would just sink into the sea” (Nobel Peace Prize laureate Yitzhak Rabin),2 or if it unilaterally surrendered its destiny to Israeli caprice, Israel wouldn’t brutalize 1. “David Cameron Describes Blockaded Gaza as a ‘Prison,’ ” BBC (27 July 2010). 2. Amira Hass, Drinking the Sea at Gaza: Days and nights in a land under siege (New York: 1999), p. 9. xi it. But short of these options, Gaza could only exercise as much, that is, as little, agency as is allocated to any people held in bondage. Th e notion that enhanced fi reworks emanating from an anthill could, in and of themselves, infl ect state policy of one of the world’s most formidable military powers is laughable—or would be, were it not for that power’s formidable disinforma- tion apparatus. Th e focus of this book is the politics of Gaza’s martyrdom. Its economic dimension has already been exhaustively and competently dissected.3 An observer cannot but be struck by the reams of paper that have been expended on analyses of, and prescriptions for, Gaza’s economy, even though its econ- omy is more notional than real. Th e World Bank reported in 2015–16 that Gaza “is now dependent for about 90 per cent of its GDP on expenditures by the Palestinian Government, the United Nations and other external remit- tances and donor projects.”4 No doubt, those who compiled these economic reports were spurred by a desire to do good, although in the end most of them capitulated to Israeli diktat.5 But if Gaza survives, it’s because of foreign sub- ventions delivered in synchrony with the occasional loosening—to sycophan- tic international fanfare—of an Israeli screw. Indeed, the paradox is that as each new economic report is churned out, the day of Gaza’s complete “de- development” draws nearer. It is also hard to resist the thought that Gaza would have benefi ted more if the time, energy, and expense invested in these meticulous reports replete with mind-numbing minutiae had simply been channeled into an open-air swimming pool, inside the open-air prison, for Gaza’s bereft children. Still, they constitute an ineff aceable record of and testament to the horror that has been infl icted on Gaza. eyTh are an eternal monument to the martyrs and an eternal accusation against their tormenters. Th e human rights reportage on Gaza, which forms the primary subject mat- ter of this book, mirrors the content and has suff ered the fate of these eco- nomic reports. Th e sheer number of human rights reports could by now fi ll a medium-sized library; they have generally upheld exacting standards of accuracy, and they record a ghastly tale of suff ering and misery, on the one hand, and criminal excess and heartlessness, on the other. But they have been largely ignored outside a narrow cadre of specialists, and in the end the 3. Sara Roy, Th e Gaza Strip: Th e political economy of de-development, expanded third edition (Washington, DC: 2016).