David Palumbo-Liu

As Palestinian Prisoners’ Hunger Strike Enters Second Month, Could Israel Force a Third Intifada?

On Sunday, May 21, 2017, a hunger strike by about 850 Palestinian prisoners entered its 35th day. On that day, the Israeli Prison Service evacuated 60 of the strikers to hospitals due to their deteriorating medical conditions. Nearly 600 others were moved into infirmaries, while a general strike was planned throughout the West Bank.

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Trump's 'Muslim Ban' Is Damaging Crucial Humanitarian Work Around the World - and Also Galvanizing Mass Resistance

There may be no way to adequately represent the full cost of President Trump’s executive order curtailing immigration from select Muslim countries — it has unleashed both immediate and long-term damage to individuals, families and whole populations. (That order is now on hold, thanks to the order of a federal judge in Seattle — but no one knows for how long.)

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Modern Language Association Votes Down Boycott Resolution on Palestinians

On January 7, the Delegate Assembly of the Modern Language Association voted against a non-binding resolution to endorse the call from Palestinian civil society for the academic boycott of Israeli institutions (Yes 79; No 113).  At that same session, the Assembly voted for a resolution to “refrain from endorsing” the boycott (Yes 101; No 93). This latter resolution now must be ratified by the membership at large. 

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Israel Puts Celebrated Palestinian Activist On Trial

On November 23, the long-delayed trial of human rights defender Issa Amro began in a military court in the occupied West Bank. Charges against Amro, a 36-year-old Palestinian activist who heads the non-violent human rights group, Youth Against Settlements, stem from 18 alleged crimes stretching back three years. Among the charges— “insulting” an Israeli officer. Other changes include organizing demonstrations and “incitement,” a catch-all term that has been particularly used to arrest and detain people for postings on social media. What is highly significant in this case is that by reaching back this far in time and gathering together these charges in one bundle, what were relatively minor “crimes” are now consolidated into charges that can earn him a much longer sentence. Haaretz calls the charges against him an “unusually broad” indictment. Amro faces up to three years in prison. His attorney, Gabby Lasky, has submitted a motion to have 14 of the 18 charged dismissed on the grounds that those charges are several years old and in some cases the charges were already investigated and closed without indictment. Issa Amro’s arrest has garnered international attention—many see it as one of the most serious examples of Israel’s intent to clamp down on all forms of resistance—violent or non-violent. The hearings promise to be a landmark legal battle over what Israel will permit in terms of peaceful protest and the consequences that face those who engage in it.

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Senate Anti-Semitism Bill Targets Student Activists While Letting Real Bigots off the Hook

Under the cover of the outrage that has accompanied the election of Donald Trump to the presidency and his appointment of Steve Bannon as his chief strategist, a man the Anti-Defamation League has condemned as a facilitator of “a loose-knit group of white nationalists and unabashed anti-Semites and racists,” two U.S. senators have fast-tracked the Anti-Semitism Awareness Act, a bill that is aimed less at fighting anti-Semitism and more at suppressing student activism for Palestinian rights. U.S. senators Bob Casey (D-PA) and Tim Scott (R-SC) introduced the bipartisan bill on November 29. Two days later, without any debate, the Senate passed the bill, which enlists the Department of Education to deprive students and others on campus of their constitutionally guaranteed rights.

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Israel’s War on Open Discourse: State Censorship Now Reaches Into International News Sources and Social Media

Since the beginning of this year, Israel’s attempts to control what people can read and write within the country and in occupied Palestinian territories have increased, reaching into new areas in ways that are of concern.  

Second, Israel is using a vague and broad notion of “incitement” to arrest and detain individuals for things they post on Facebook and Twitter, and requiring that certain individuals gain the State’s approval before posting.  Furthermore, Israel has publicly shamed Facebook for not catching certain posts in time — in effect, Israel is asking Facebook to adopt the State’s criteria for what is to be censored.  Finally, Israel has also tried to enlist Facebook and Twitter to its cause, and recruited other countries to form a consortium of watchdogs.

The New York Times recently gave in to a request to honor an Israeli court order.  This involved the reporting on the case of an Israeli soldier who shot a 21-year-old Palestinian man in the head from point-blank range, killing him, even though he was already shot, wounded, and lay incapacitated on the ground.  As The Intercept’s Robert Mackey reported that day, “The soldier’s name was not used in the Israeli media, but his supporters online, calling him a hero, drew attention to what appears to be his Facebook profile. That account, in the name of Cpl. Elor Azaria, includes several photographs that closely match the appearance of the soldier seen in the video, as well as a recent commendation of his service from the army.”  

Yet despite this information being available in Israel and elsewhere, Israel contacted the New York Times and asked that the soldier’s name not be mentioned in their coverage.

Glenn Greenwald noted: 

In this case, there’s no valid rationale for censoring the name of the soldier. He’s a criminal defendant in a high-profile case that, at least originally, involved charges of murder. His face is in the video. His name has been spread all over the internet by his supporters heralding him as a hero. His name has also been reported by media outlets — including The Intercept — not subject to Israeli censorship orders.”  

Nevertheless, even while acknowledging this exposure, the New York Times honoredIsrael’s request. 

The New York Times’s deputy international editor, Jodi Rudoren, replied to Greenwald’s request for an explanation: “Whether we comply, defy, or challenge an order in court in a foreign jurisdiction is a decision we make based on the particular facts before us. In this case, we felt we could tell the story of how this case is roiling Israeli society without the soldier’s name. Had we thought that the court order prevented us from providing a robust, complete version of that debate, we would have considered workaround options we have used in the past — reporting the story from outside Israel.”

The question is how much will editors actually fight to publish information that is already available elsewhere, and what is their appetite for “workaround options”?  The issue of where the news comes from is also critical because, according to an article published in The Times of Israel, “the military censor… has the authority to prevent information from being published by the media, but is limited in practice by the frequent tendency of news outlets to sidestep restrictions by quoting ‘foreign news sources.’”  Therefore, whether or not a venue like the New York Times publishes information is of critical importance.  

A second, similar case of an Israeli court order reaching into U.S. media space has now appeared.  However, this time, the court order did not apply to a newspaper, but rather to a post on Twitter.  The tweet was posted by blogger Richard Silverstein, who has broken many stories regarding Israel-Palestine [disclosure — Silverstein and I once co-authored an Open Letter in defense of Palestinian rights] According to Vocativ, the tweet involved “an alleged sexual assault by a senior justice ministry employee on his daughter” and “may have violated Israeli law on identifying minors” (although the tweet did not mention the daughter’s name).  Silverstein told Salon:

Twitter’s legal department contacted me via email on Aug. 2, saying that the Israeli State Attorney’s Office had informed the company that a Hebrew tweet I publishedon May 18 violated an Israeli gag order in the Becker case. The company asked if I would be willing to delete the tweet myself. I refused, asking them not to take any action in the matter until I could consult legal counsel. I argued that the tweet didn’t violate Twitter’s terms of service or U.S. law. The company, which is based in San Francisco, was under no obligation to impose Israeli law upon me based on what I posted to my feed.

Twitter’s legal team wrote again two days later, saying that they’d decided to censor the tweet inside Israel.

Again, the question of how information can or cannot circulate, who governs it, and how national court orders and boundaries can and should be honored, is at the core of this issue.  Silverstein explained how the government’s chief lawyer evoked the idea that this case was, in the lawyer’s words, a “multi-jurisdictional crime committed not just in Israel but in jurisdictions in which it [the tweet] was published.”  Silverstein said: 

There is no such thing as a “multi-jurisdictional crime” involving the internet. Certainly, there are such crimes involving genocide or other serious offenses in which an offender may be prosecuted outside his home country or the place where the crimes were committed. Perhaps in cases of computer fraud involving hacking into accounts of financial institutions one might argue on behalf of such a theory. But publishing content to social media hasn’t yet been accorded such status.

Danny O’Brien, International Director of the Electronic Freedom Foundation told Salon:

There are clearly parallels between the New York Times’s decision and that of social media companies.  Part of the calculation on the New York Times’ part may be whether they will lose the accreditation; part of the calculation of social media platforms is whether they will be financially penalized in Israel, or even blocked.  The ratchet rarely moves toward more freedom of expression though: even though the chances of Twitter being blocked or the NYT losing creditation in Israel are small, the threat may be sufficient.

I’d add to this the novelty in this case — as far as we know, the Israeli State Attorney has not attempted a similar procedure before. This seems to be confirmed by Twitter’s transparency reports on Israeli requests.  Now that the Israeli government knows that Twitter will comply with these actions, one might expect more attempts. The biggest danger is because the line has not been clearly and legally defined, the censorship can potentially grow without real oversight by Israel’s courts or the people. The process — both on the State Attorney’s side, and on Twitter, continues to lack real transparency or accountability.

In many respects, the issue involves the basic notion of national sovereignty and international cooperation.  And again, this is of specific concern with regard to the state of Israel and protest over its policies with regard to the Palestinians.  How much will states like the US comply with Israel when it involves the suppression and censorship of legitimate forms of dissent and protest?  How much damage will be done to freedom of speech in the name of repressive state policies to which journalists and others might be asked to comply?

Turning now to Facebook, we find that an order issued at the start of the year by Army censor Ariella Ben Avraham has taken root.  In February the Times of Israelnoted that whereas before only established news sources were required to ask for permission before publishing what might be construed as sensitive security information, this new order demanded that “dozens of Facebook users and bloggers” were now under the same strictures, under penalty of law: “failure to do so would constitute a violation of the state of emergency that Israel has kept in place since its founding.”   The Times quotes attorney Jonathan Klinger, an expert on digital rights, who claims, “The censor does not need and cannot go to citizens who are not media outlets and restrict them from publishing whatever they want… The act of sending an order to people who haven’t broken the law in the past and without well-based suspicions that they’re breaking the law in the present constitutes disproportionate harm to freedom of speech.”  Think of how much more harmful this is to the freedom of expression for non-citizens.

And Facebook now has been asked to participate in this sort of censorship.  Between July and December of 2015, Facebook received 294 requests from the Israeli government to remove content.  Now Public Security Minister Gilad Erdan has not only said that Facebook is not doing enough, he has called it a “monster” for being derelict in its duties.

“Facebook today, which brought an amazing, positive revolution to the world, sadly, we see this since the rise of Daesh and the wave of terror, it has simply become a monster,” he said.

 Verge reports Erdan also called on Israelis to “flood” Facebook CEO Mark Zuckerberg “in every possible place with the demand to monitor the platform he established and from which he earns billions.”  It also notes that Prime Minister Netanyahu is preparing legislation that would require social media sites to remove content at the State’s request.  What is of course notable is the issue of who determines which kinds of political activism is appropriate—what is “positive” and what is “negative.”

Finally, not only is Israel enlisting Facebook and Twitter to curtail expression based solely on its determinants, it is recruiting European nations as well to aid in the effort.  O’Brien notes “there’s been a disturbing voluntary agreement in the EU between the major social media platforms and the commission.  By hitching a ride on non-judicial agreements, Israel has a chance to include its concerns into these agreements and bypass, as the EU has, any judicial process in removing content.”

According to The Times of Israel:

Erdan introduced the idea of building an international legal coalition to take action against social media platforms if they do not proactively prevent the use of their systems to upload videos, songs, photos, and other content that inspire would-be terrorists to pick up knives, guns, rocks, and other weapons to attack Israelis.

At the weekly cabinet meeting, Erdan presented ministers with an “index of incitement,” showing a correlation between instances of anti-Israel and anti-Semitic content posted by Palestinians, and the level of violence by Palestinians against Israelis.

Thus Erdan has already determined the “index” for European nations to use, and recent cases have shown just how vague and open-ended this term can be when applied to Palestinians.  Using social media “incitement” as a charge to detain and imprison hundreds of Palestinians, from internationally renowned physicist Imad Al-Barghouti to a young Palestinian poet named Dareen Tatour.  Both cases drew international attention and support.  An Open Letter signed by 340 intellectuals and activists from around the world, including Angela Davis, Noam Chomsky, and Judith Butler was issued for Al-Barghouti, and more than 150 writers, poets and artists, including nine Pulitzer Prize winners and 14 recipients of Guggenheim Fellowships, signed a petition demanding that the Israeli government free Tatour.  Critically, both these efforts drew attention as well to the cases of those lesser-known detainees and to the issue of Internet censorship and intimidation taking place in Israel.

All this attention to controlling the media, of exerting the notion of sovereignty way past its boundaries, of trying to put the social media genie back in its bottle, promises to be futile.  In response to the indictment of social media for aiding and abetting “incitement,” Zvi Bar’el writes in Ha’aretz:

Those who want to attribute to social media the power to harness others to action have to explain how the first and second intifadas broke out without them, and how the terror attacks of the 1970s and 1980s won legitimacy among the Palestinians.

The truth is that the answer to this question is found in what might be defined as “a reality that incites.” This is a reality shared by peoples under occupation, populations living in conditions of terrible distress where there is no need for incitement and encouragement to action. Reality is what incites them.

Until the facts on the ground change dramatically, there will always be a way to express opposition on the Internet, and these attempts by Israel will only end up abridging more rights at home.

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As Methodists Continue Their Support of BDS, Is Hillary Clinton on the Wrong Side on Palestinian Rights?

Despite the latest frontal attack on the grassroots boycotts, divestment, and sanctions (BDS) movement for Palestinian freedom by church member Hillary Clinton, and intense lobbying by representatives of the Israeli government with church delegates, the United Methodist Church continued its support of Palestinian rights at its General Conference in Portland last week.

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Scientific Stars Join Activists: Noted Palestinian Professor Arrested and Released - Again

Recently, for the second time in 15 months, noted Palestinian professor and astrophysicist Imad Al-Barghouthi was arrested by Israeli authorities.  Barghouthi, a professor of space physics at al-Quds University, was arrested at an Israeli military checkpoint in the West Bank on his way home.  According to the New Arab news source, Barghouthi, “a leading researcher, publishing frequently in academic astrophysics journals,” has previously worked for NASA.  In what appears now as an extended manipulative game played by the Israeli government, Barghouthi was arrested, released, re-arrested, exonerated, and yet not released as should have been the case.  Rather, after the prosecutor for the initial charge said he had no compelling evidence to keep Barghouthi under detention, and thereupon the military court said it would release Barghouthi, a new charge of “incitement” has been cooked up to keep him detained.

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Israel Targets BDS Movement Co-Founder With 'Civil Elimination' Plan

If the cold-blooded, documented murder of an already wounded, disarmed, and prostrate Palestinian youth on a public street carried out by a member of the  Israeli army by an almost casual shot to the head is only the most recent in a long series of what Amnesty International has called “extrajudicial executions” of Palestinian men, women, and children, it is not unfair to regard it as a particular index to the profound depths of moral poverty to which Israel has fallen. That Israeli municipalities and politicians are rallying on the soldier’s behalf and holding him up as a national folk hero is still more depraved.

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Anti-Zionism Does Not Equal Anti-Semitism: Someone Please Tell Hillary Clinton and the University of California

Last summer there was a flurry of activity in the University of California system as U.C. regents were pressured to suppress criticism of Israel on U.C. campuses. One regent in favor of such silencing played a trump card: He threatened to bring his particularly well-connected partner in to add muscle. The regent was wealthy developer Richard Blum, his wife is Sen. Dianne Feinstein. Here is what Blum said in September:

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America Is Changing Its Mind on Israel: How Netanyahu Is Alienating His Most Essential Ally

The current violence in Israel-Palestine—immediately following the debate about the Iran arms deal, which revealed growing fissures in American support of Israel–has brought the conflict into the foreground of U.S. political discourse. The absence of any serious mention of Israel-Palestine during the first Democratic presidential debate thus speaks volumes. It tells us that even as polls show more and more of the Democratic base shifting its support away from Israel, the leading candidates for the Democratic nomination are reluctant to talk about Israel. It will be interesting to see if they shift their stances at all in the next few months, given the stakes that are emerging. Recent polls have shown that Latinos, a critical constituency, are lending their sympathy to the Palestinians. They join the young, progressives, Blacks, and Asian Americans. This is not only the perception of supporters of Palestinian rights, this point of view is shared by advocates of Israel as well.

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