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PALESTINE AND
RULE OF POWER
Local Dissent vs. International Governance

MET EDITED BY
ALAA TARTIR AND TIMOTHY SEIDEL
Middle East
Today
 Middle East Today

Series Editors
Fawaz A. Gerges
Department of International Relations
London School of Economics
London, UK

Nader Hashemi
Center for Middle East Studies
University of Denver
Highlands Ranch, CO, USA
The Iranian Revolution of 1979, the Iran-Iraq War, the Gulf War, and
the US invasion and occupation of Iraq have dramatically altered the
geopolitical landscape of the contemporary Middle East. The Arab
Spring uprisings have complicated this picture. This series puts forward
a critical body of first-rate scholarship that reflects the current political
and social realities of the region, focusing on original research about
contentious politics and social movements; political institutions; the role
played by non-governmental organizations such as Hamas, Hezbollah,
and the Muslim Brotherhood; and the Israeli-Palestine conflict. Other
themes of interest include Iran and Turkey as emerging pre-eminent
powers in the region, the former an ‘Islamic Republic’ and the latter an
emerging democracy currently governed by a party with Islamic roots;
the Gulf monarchies, their petrol economies and regional ambitions;
potential problems of nuclear proliferation in the region; and the chal-
lenges confronting the United States, Europe, and the United Nations in
the greater Middle East. The focus of the series is on general topics such
as social turmoil, war and revolution, international relations, occupation,
radicalism, democracy, human rights, and Islam as a political force in the
context of the modern Middle East.

More information about this series at

http://www.palgrave.com/gp/series/14803
 Alaa Tartir · Timothy Seidel
Editors

Palestine and Rule

of Power
Local Dissent vs. International Governance
Editors
Alaa Tartir Timothy Seidel
The Graduate Institute of Department of Applied Social
International and Development Sciences and Center for Justice and
Studies (IHEID) Peacebuilding
Geneva, Switzerland Eastern Mennonite University
Harrisonburg, VA, USA

Middle East Today

ISBN 978-3-030-05948-4 ISBN 978-3-030-05949-1 (eBook)
https://doi.org/10.1007/978-3-030-05949-1

Library of Congress Control Number: 2018964577

© The Editor(s) (if applicable) and The Author(s) 2019

This work is subject to copyright. All rights are solely and exclusively licensed by the
Publisher, whether the whole or part of the material is concerned, specifically the rights
of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction
on microfilms or in any other physical way, and transmission or information storage and
retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology
now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are
exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors, and the editors are safe to assume that the advice and
information in this book are believed to be true and accurate at the date of publication.
Neither the publisher nor the authors or the editors give a warranty, express or implied,
with respect to the material contained herein or for any errors or omissions that may have
been made. The publisher remains neutral with regard to jurisdictional claims in published
maps and institutional affiliations.

Cover illustration: Victor Shupletsov/EyeEm

This Palgrave Macmillan imprint is published by the registered company Springer Nature
Switzerland AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
 Foreword

From any informed realist perspective, Palestinian prospects for achiev-

ing a just peace seemed, after more than a century of struggle, to have
reached a dead end as a result of a series of setbacks. Not only has Israel
managed over the course of recent decades to establish an internal situ-
ation in which Zionist goals of gaining effective control over the whole
of “the promised land” of biblical Israel seem within reach, but it has
also managed to coopt and corrupt formal Palestinian leadership in ways
that weaken resistance, dim hopes, and seek to shift the focus from pol-
itics to economics. The diplomatic project launched in Oslo in the early
1990s with great fanfare as the gateway to peace for Palestinians and
Israelis turned into a major vehicle for Israeli expansionism, primarily
via the settlement process, the separation wall, and ethnic engineering in
Jerusalem—each of these Israeli steps taken at the expense of legitimate
Palestinian expectations that its fundamental rights would finally be real-
ized as a result of this diplomatic breakthrough.
While this process unfolded Israel demonstrated to itself and the
world that it could defy international law without suffering any adverse
consequences. In this regard, the geopolitical leverage exerted by the
United States actively, and Europe mostly passively, crucially enabled
Israel to do whatever it wanted with respect to the Palestinian people,
while the world looked on, expressing sympathy for the Palestinian
plight from time to time, especially when Israel resorted to excessive
force in forms too visible to ignore, most often cruelly directed at an

v
vi    Foreword

oppressed civilian population. Such token acknowledgements of Israel’s

flagrant violations of international law did nothing more than underscore
the lack of minimum political will in international society needed to insu-
late Palestinians from acute suffering, much less the necessary motiva-
tion, capabilities, and resolve to implement and impose legal constraints.
After the establishment of Israel in 1948, it became clearer to close
observers that Israel was, in effect, continuing to dispossess Palestinians,
physically (through conditions that make residence intolerable or no
longer tolerated) and normatively (through deprivations of rights). In
effect, Palestinians were being gradually made into strangers in their own
land, alienated from their native society, and variously victimized by a
perverse political order that had innovated a distinctive form of apartheid
being applied to the Palestinian people as a whole (that is, whether their
residence was the West Bank, Jerusalem, Gaza, refugee camps in neigh-
boring countries, or involuntary exile).
And if this were not enough of a burden to dim Palestinian spirits fur-
ther discouraging developments have clouded the Palestinian skies over
the course of the last decade. The regional turmoil in the Middle East
has turned the governing elites (but significantly, not the peoples) in the
Arab world away from their earlier ardent posture of solidarity with the
Palestinian struggle. Saudi Arabia has actually aligned with Israel, and the
United States, in confronting Iran, and recently, with a supreme expres-
sion of arrogance and moral obtuseness, told the Palestinians to accept
whatever Washington tidbits the Trump presidency was prepared to
offer.
The government of post-Nasser Egypt, while never really supportive
of the Palestinian struggle, in recent years after the counterrevolution-
ary Sisi coup of 2013, has gone further even than complicit Sadat, join-
ing with Israel in trying to destroy Hamas, which the new military rulers
regard as a menacing offshoot of the Muslim Brotherhood, the arch-
foe of both Cairo and Riyadh. In effect, regional developments in the
Middle East have hurt the Palestinians in two major ways: creating an
agenda for the leading Arab countries that puts the ongoing Palestinian
struggle on a back burner of indifference amounting to abandonment;
engaging in partnership with Israel in several sites of struggle that have
also led the world to worry about Iraq, Syria, ISIS, Yemen, Libya, Iran,
refugees, and all but forget Palestine in the process, a damaging develop-
ment accentuated by the fact that the mainstream media in the West is,
as usual, tagging along.
 Foreword    vii

If this were not already more than enough, it is impossible to ignore

the adverse impact of the rise of Trump and Trumpism. Trump’s
America has lifted its longstanding one-sided pro-Israeli policies to
almost unimaginable heights, placing diplomatic responsibility in the
hands of ultra-Zionists such as Jared Kushner and David Friedman,
unapologetic supporters of maximalist forms of the settler movement
together with the inflammatory treatment of all forms of Palestinian
resistance, even if nonviolent, as terrorism. Such officials have already
shown themselves ready to cast off even the earlier nominal pretense of
impartiality maintained by prior Washington administrations, and man-
age to find ways to blame the Palestinians for every major act of Israeli
wrongdoing. Moving the American embassy to Jerusalem, in defiance of
overwhelming opposition at the UN, and ignoring the massacres asso-
ciated with the killing and wounding of thousands at the Gaza fence in
the Great March of Return, are provocative indicators of this green light
shining so brightly these days in the predatory eyes of the Netanyahu
leadership. Israel has been given unprecedented discretion to do what
it wishes, regardless of its legal and moral status, and without concern
about damaging human consequences.
In this atmosphere it hardly surprising that one of the leading Zionist
ideologues in the United States, Daniel Pipes, has launched what he
calls a “Victory Caucus” designed to bring the conflict to an end, not
by diplomacy or negotiation, but by inducing the Palestinians to accept
defeat, and acknowledge and abide by an Israeli victory in their basic
struggle to establish a Jewish state in a non-Jewish society. Pipes has
been energetic in promoting this “Prussian Solution,” enlisting bipar-
tisan support in the American Congress and enthusiasm in the Israeli
Knesset. Nothing more unmistakably brands a political project as “settler
colonialism” (an instance of “the rule of power” than does such an ini-
tiative). Such an ahistorical outrage has now been given the imprimatur
of a new basic law of Israel recently adopted by the Knesset declaring
“Basic Law—Israel as The Nation State of the Jewish People,” psychopo-
litically disenfranchising Palestinians and other non-Jews no matter how
strong their indigenous credentials. In one sense the adoption of such a
law both expresses the true nature of Zionist aspirations and the degree
to which Israelis feel that the geopolitical wind at their back allows them
to be open about their repudiation of peace diplomacy and any responsi-
bility for respecting the rights of the Palestinian people.
viii    Foreword

And yet! This book consisting of a group of exceptionally fine ana-

lytical contributions gives convincing and fascinating content to the
assertion “and yet.” My intention by highlighting these two words is
to convey the startling realization that despite all these frustrations and
obstacles, the Palestinian struggle continues, with creativity, extraordi-
nary resilience, and despite the daunting array of challenges should be
perceived as gaining momentum rather than being written off as a lost
cause.
A familiar folk saying imparts a bit of political wisdom relevant here:
“it is not where you look, but what you see, that matters.” For too long
we have looked at what governments do or at the body counts associ-
ated with armed struggle, and fail to notice that most of the dramatic
advances of history, are overwhelmingly associated with what people
do and don’t do. The mainstream media and the propaganda of gov-
ernments help make this realization almost inaccessible in current arenas
of public awareness. We are taught over and over again that history is
made by international diplomacy or armed struggle, which helps makes
us overlook the transformational potential of a mobilized, resourceful,
and resilient people. It is these qualities that the Palestinians as a people
have brought to their national struggle over the course of the last cen-
tury, making their share of mistakes along the way, but never losing sight
of their fundamental entitlements to self-determination and other human
rights, in a sense, “the power of rights” as over time, and through strug-
gle, prevailing over “the rule of power.”
Without any resort to preaching, Palestine and the Rule of Power is an
extraordinary confirmation of the vitality and resilience of the Palestinian
people. It brings to readers an admirably documented understanding
of the inner dynamics of the ongoing Palestinian national movement
as waged by people in the spaces of maneuver that remain to a people
subject to the kind of apartheid matrix of control that Israel continually
reinforces. What this talented group of authors see and depict, making
sophisticated use of social science empirical methodologies, is an archi-
pelago of resistance tactics and strategies brilliantly adapted to the chang-
ing specifics of the oppressive structures of occupation. Such tactics not
only maintain the morale of a struggle by an oppressed and fragmented
people (seen inclusively as including refugees, the non-Jewish minority in
Israel, and the millions of involuntary exiles), but search for transforma-
tional tactics that alone can establish a non-sentimental foundation for
affirming an eventually hopeful future for the Palestinian people.
 Foreword    ix

This stimulating volume also contains several illuminating chapters of

critique that explain why the possibly well-meaning liberal approaches to
an improved Palestinian experience are at best naïve, being based on an
economistic train of thought: IMF logic, neoliberal ideology dovetail-
ing disastrously with influential international donor NGOs, having as a
principal effect the partial cooptation of the Palestinian Authority, with
the startling result of making the supposed leadership of the Palestinian
struggle play the role of dependent accomplice of Israel in the mainte-
nance of Israeli security, which above all is understood to mean uphold-
ing the political status quo as defined by Tel Aviv. In ways difficult for
outsiders even to comprehend the PA has become a principal adversary
with respect to Palestinian resistance, imprisoning and even torturing
activists.
It is this kind of neoliberal approach to “peace” that has set the stage
for years to propose “the deal of the century,” the essence of which is the
substitution of an economistic agenda of promises that when applied to
the structural realities of Palestine end up hardening security and soften-
ing resistance without changing the abusive and corrupting victimization
of the Palestinian people, likely worsening its burdens by disguising the
nature of the integral patterns of victimization.
What then, do the authors of this excellently edited volume, see when
they do the looking? They see first of all the failed paths of a UN decreed
partition, also of a prolonged diplomatic charade within the Oslo frame-
work, and of Palestinian empowerment by way of suicide bombing and
armed struggle waged outside the frame of international legality, and
of all approaches that purport to substitute “economic peace” for ele-
mental political and civil rights under international law, and of support
from Arab neighbors, and of Zionist good faith with respect to finding
a political compromise sensitive to the self-determination claims of both
peoples. Against this background of critique is the awareness that resist-
ance is nevertheless possible, and offers benefits associated with respect
to political will and a message to the world that Palestinian claims remain
the great unresolved moral scandal of our time, a settler colonial state
established in the face of an anti-colonial historical tidal wave, which for
this very reason, requires ever more oppressive and unrestrained sever-
ity to contain the situation. But this severity is what also gives strength
to the Palestinian will to resist and adds weight to the global solidarity
movement.
x    Foreword

In these respects it is helpful to recall the anti-apartheid struggle in

South Africa that also when looked at through a conventional realist
lens seemed hopeless until all of a sudden the regime cracked wide open
and an utterly unexpected dismantling of apartheid occurred, enabling a
peaceful transition to constitutional democracy to take place. Of course,
history does not repeat itself, and there are crucial differences between
the situation of Africans in South Africa and of the Palestinians, never-
theless, the comparison seems instructive for several central reasons.
South Africa, as with Palestine, flaunted global norms, gave rise over
time to a committed and militant solidarity movement, and eventually
created a political climate in which even strategic partners of the gov-
ernment in Pretoria were forced by a surge of grassroots pressure into
supporting sanctions imposed on apartheid South Africa. Losing the
legitimacy war for the heights of legal and moral authority has in recent
history almost invariably meant neutralizing the advantages of military
domination, and hence has led the stronger side militarily to a loss of
control over the outcome of a political struggle. This happened over and
over again in the context of the anti-colonial wars of the last half of the
twentieth century, and as these authors collectively demonstrate it could
happen here to bring an end to the long ordeal of the Palestinian people.
One aspect of the geopolitical outreach of Israel is to enlist the Trump
presidency in a completely misleading attack on the United Nations as
an anti-Israeli, even anti-Semitic institution, that obsesses about Israel’s
wrongdoing while turning a blind eye to far worse happenings elsewhere.
What such a criticism ignores is that the UN had accepted responsibility
after World War II for ensuring a peaceful and just future for Palestine
after the United Kingdom gave up its role as the administrator of the
territory as the Mandatory Authority acting on behalf of the League
of Nations. It is the Palestinians who are entitled to be disillusioned by
the failure of the UN to discharge successfully this responsibility that
they accepted, and mishandled from the outset. Not only did the UN
embrace a partition solution in 1947 without consulting the wishes of
the majority population of Palestine, their many resolutions affirming
Palestinian rights under international law with respect to refugees, set-
tlements, Jerusalem, use of force, and collective punishment were utterly
ignored by Israel, which led to more resolutions but nothing tangible or
effective. The UN has failed the people of Palestine with tragic conse-
quences, and its rhetorical effort to compensate for this failure by peri-
odic disapproval of Israeli policies and practices can be best understood
 Foreword    xi

as rather pathetic efforts to live up to their of institutional responsibility

with respect to the Palestinian people.
Although this volume doesn’t deal directly with this failure of the UN
and the international community, its focus on the achievements of and
potentialities of ongoing resistance, as well as its critique of the effects of
relying on a neoliberal reconstruction of a people living under oppres-
sion provide readers with a clear understanding of what is happening in
Palestine and what needs to be done if peace with justice is ever to be
the destiny of Palestinians and Jews alike. What is more, it conveys this
understanding by relying on the highest quality of scholarship, includ-
ing making innovative use of the best methodologies that contemporary
social science offers.

Yalikavak, Turkey Professor Richard Falk

July 2018

Richard Falk is Albert G. Milbank Professor Emeritus of international law at

Princeton University, and a research fellow in global studies at the University of
California at Santa Barbara. He is the author of over thirty books, most recently
Palestine’s Horizon: Toward a Just Peace, and a specialist on the role of inter-
national law in global politics. The United Nations Human Rights Council
appointed Falk as the United Nations special rapporteur on the situation of
human rights in Palestine from 2008 to 2014.
 Acknowledgements

First and foremost, we would like to thank the contributing authors to

this edited volume, not only for their inspiring commitment and their
intellectually stimulating chapters but also for making this book project
a joyful and delightful experience. This edited volume is not merely a
collection of chapters, but has been a joint project and a collaborative
scholarly effort over the past few years. It is the collective intellectual
scholarship and ownership of this book that led us throughout the differ-
ent phases of producing this book and guided us in our reviews, debates,
and discussions.
Special and sincere thanks go to Professor Richard Falk who continues
to inspire us with his generosity, kindness, and sharp and comprehensive
knowledge and wisdom. We are honored and grateful for all his support
and endless encouragement, and for being a role model and compass to
be led by.
We also would like to thank our publisher, Palgrave Macmillan, and
in particular the editorial team, Alina Yurova and John Stegner, for all
their support, patience, and guidance throughout the process of produc-
ing this book. We also would like to thank our colleagues at the Journal
of Palestine Studies and Journal of Middle East Critique for their support
to our book project. Many of the chapters in this book were presented
at the 2018 annual meeting of the International Studies Association,
April 4 to 7 in San Francisco, CA, on two panels sponsored by the
Global Development Studies and Peace Studies Sections. We are grateful
to all those who participated in the robust conversations at those panel

xiii
xiv    Acknowledgements

sessions. We also would like to extend our warm thanks and apprecia-
tion to all scholars who accompanied us in the journey of producing this
book. Without their critical engagement, constructive feedback, and rig-
orous reviews and thoughtful feedback, we would not be where we are
now.
Last but not least, we thank our families for all their support and
patience, and for all the sacrifices they made for us in order to finish this
book project. We owe you many free-of-work weekends and holidays,
and we are in debt for all your kindness, generosity, patience, support,
and love.
We have heard it said that if you want to go fast, go alone, but if you
want to go far, go together. We have chosen the latter route, and we
hope that we, together through an engaged scholarship, are contributing
to the process of going far through advancing the scholarly knowledge
on Palestine and beyond.
Finally, we dedicate this book to the future generations of Palestine,
not only to learn from past mistakes, but also to imagine new ways of
being and draw new paths that bring them closer to freedom.
 Praise for Palestine and Rule of Power

“Palestine and Rule of Power, with its exceptionally fine analytical con-
tributions relying on the highest quality of scholarship, is an extraordi-
nary confirmation of the vitality and resilience of the Palestinian people.
It brings to readers an admirably documented understanding of the inner
dynamics of the ongoing Palestinian national movement.”
—Richard Falk, Professor Emeritus of International Law,
Princeton University

“Bringing together an impressive list of scholarly and intellectual talents,

Palestine and Rule of Power makes an important and distinctive contri-
bution to that growing body of literature examining features of local dis-
sent and resistance and international governance in occupied Palestine.
The edited volume offers a rich menu of food for thought.”
—Fawaz A. Gerges, Professor of International Relations, London School of
Economics and Political Science (LSE)

“This rich, timely, and rigorous volume enriches and expands our under-
standing of the Palestinian question. Thoughtful, historically-contextu-
alized and yet forward looking, the work deftly draws on penetrating
conceptual insights to offer remarkably fresh policy perspectives.”
—Mohammad-Mahmoud Ould Mohamedou, Professor of
International History, The Graduate Institute of International
and Development Studies (IHEID), Geneva

xv
xvi    PRAISE FOR PALESTINE AND RULE OF POWER

“Palestine and Rule of Power makes a significant contribution by assem-

bling a collection of cutting-edge essays that illuminate the present range
of scholarship while providing a welcome breath of fresh air. Through
rigorous and bold new theorizing, contributors to this book not only
describe the changing frameworks for international ethics and action on
this grueling conflict but refine and expand on relevant theory to cast
new light on its essential political character and potential futures. This
volume has a place in any core library on theory of this conflict.”
—Virginia Tilley, Professor of Political Science,
Southern Illinois University Carbondale

“In The Wretched of the Earth, Franz Fanon stated: ‘The business of
obscuring language is a mask behind which stands the much greater
business of plunder.’ Palestine and Rule of Power rips off the mask of the
obscure language that surrounds Palestine and the Palestinian people
by analysing the intersection of Israeli settler colonialism and neoliberal
forms of rule as a system of oppression. At a time when justice and rights
are being cast aside in favour of a victor’s peace, incisive analyses of the
cruel and unjust context that Palestinians face in their struggle for sur-
vival and self-determination are necessary and urgent. This book is an
important contribution to our knowledge about this context, as well as
Palestinians’ determination to resist and insist on their right to a life free
of oppression.”
—Mandy Turner, Director of the Kenyon Institute (Council
for British Research in the Levant)

“So much analysis of the Israeli–Palestinian conflict limits itself to

descriptions of Israeli strength and Palestinian weakness, leaving the
reader to conclude that the only probable outcome is further Palestinian
losses and Israeli gains. Palestine and Rule of Power offers something
entirely new: a deep and unconventional analysis by cutting edge scholars
of the means by which Palestinians can accumulate achievements despite
the gross imbalance of power and the complicity of Europe, the US, and
the donor community in upholding a status quo that denies them free-
dom. Every student of Palestinian politics should read it.”
—Nathan Thrall, author The Only Language They Understand:
Forcing Compromise in Israel and Palestine
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