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Human Rights and Global Wrongs

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BDS is a nonviolent movement for social change in the tradition of boycotts of South Africa and the southern United States. It is aimed at ending Israel's illegal occupation. In 1967, Israel took control of Gaza, the West Bank, East Jerusalem and the Golan Heights by military force. UN Security Council Resolution 242 describes "the inadmissibility of the acquisition of territory by war" and calls for the "withdrawal of Israel armed forces from territories occupied in the [1967] conflict."

But Israel continues its illegal occupation and exercises total control over the lives of Palestinians in the occupied territories. Israel regulates the ingress and egress of the people, as well as the borders, airspace, seashore and waters off the coast of Gaza. Israel expels Palestinians from their homes and builds illegal Jewish settlements in the occupied Palestinian territories.

Israel's 2014 massacre in Gaza led to the deaths of 2,251 Palestinians, including 1,462 civilians, and the wounding of 11,231 Palestinians. These actions likely constituted war crimes, according to the UN Human Rights Council's independent, international commission of inquiry.

Former UN deputy high commissioner for human rights, Flavia Pansieri, said that human rights violations "fuel and shape the conflict" in the occupied Palestinian territories and "[h]uman rights violations in the West Bank, including East Jerusalem, are both cause and consequence of the military occupation and ongoing violence, in a bitter cyclical process with wider implications for peace and security in the region."

Nobel Peace Prize winner Archbishop Desmond Tutu of South Africa, writing in the Tampa Bay Times, cited the 2010 Human Rights Watch report which "describes the two-tier system of laws, rules, and services that Israel operates for the two populations in areas in the West Bank under its exclusive control, which provide preferential services, development, and benefits for Jewish settlers while imposing harsh conditions on Palestinians." Tutu wrote, "This, in my book, is apartheid. It is untenable."

The call for BDS describes boycotts, divestment and sanctions as "non-violent punitive measures" that should last until Israel fully complies with international law by (1) ending its occupation and colonization of all Arab lands and dismantling the barrier wall; (2) recognizing the fundamental rights of the Arab-Palestinian citizens of Israel to full equality; and (3) respecting, protecting and promoting the rights of Palestinian refugees to return to their land as stipulated in United Nations General Assembly Resolution 194.

What Are Boycotts, Divestment and Sanctions?

Boycotts encompass the withdrawal of support for Israel and Israeli and international companies which are violating Palestinian human rights, including Israeli sporting, cultural and academic institutions.

Divestment campaigns urge churches, banks, local councils, pension funds and universities to withdraw investments from all Israeli companies and international companies involved in the violation of Palestinian rights.

Sanctions campaigns pressure governments to hold Israel legally accountable by ending military trade and free-trade agreements and expelling Israel from international fora.

The BDS movement has had a major impact on Israel. BDS was a critical factor in the 46 percent reduction in foreign direct investment in Israel in 2014, according to the United Nations Conference on Trade and Development. Individuals and entities who have heeded the call for divestment include George Soros, the Bill Gates Foundation, TIAA-CREF public sector pension fund, Dutch pension giant PGGM and Norwegian bank Nordea. Several churches, including the United Methodist Church, the Presbyterian Church USA, the United Church of Christ and many Quaker meetings, have divested from companies the BDS movement has targeted. The security services company G4S is planning to sell its subsidiary in Israel because the Stop G4S campaign resulted in a loss of millions of dollars in contracts. The withdrawal of French multinational utility company Veolia from Israel led to billions of dollars in lost contracts.

Tutu, who finds striking parallels between apartheid South Africa and Israel's oppression of the Palestinians, supports BDS. He has called on "people and organizations of conscience to divest from ... Caterpillar, Motorola Solutions and Hewlett Packard," which profit "from the occupation and subjugation of Palestinians."

Twenty-seven states have enacted legislation targeting boycotts of Israel, but activists have successfully defeated anti-boycott laws in several states. These bills are unconstitutional infringements on protected First Amendment activity.

In banning Tlaib and Omar, Israel relied on its 2017 law prohibiting entry to any non-Israeli citizen who "has knowingly published a public call to engage in a boycott" against Israel "or has made a commitment to participate in such a boycott."

And the United States' overwhelming support for Israel is reflected in a resolution the House of Representatives adopted on July 23. H. Res. 246, which passed easily on a 398-17 vote, opposes the BDS movement. Tlaib and Omar voted against the resolution.

Questioning U.S. Aid to Israel

Interestingly, although the Republicans on the AIPAC trip tweeted vociferously about their visit, there was near silence on Twitter from the Democratic members of the delegation, although the group had given Netanyahu a standing ovation. "The absence of chatter from the Democrats obviously reflects the misgivings that the Democratic base has about the special relationship between the U.S. and Israel," Philip Weiss and Michael Arria wrote at Mondoweiss. "A recent survey shows that a majority of Democrats support sanctions against Israel over settlements, even as the House votes overwhelmingly to condemn the Boycott, Divestment and Sanctions campaign."

The outrageous exclusion of members of Congress from Israel-Palestine has focused unprecedented attention on the Israeli occupation and the BDS movement. This is the time to pressure congressional representatives to rethink their uncritical support for Israel and the $3.8 billion annually the United States provides to Israel.

To learn more about the BDS campaigns, see https://bdsmovement.net/.

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Marjorie Cohn is professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, deputy secretary general of the International Association of Democratic Lawyers, and a member of the National Advisory Board of Veterans for Peace. Her most recent book is Drones and Targeted Killing: Legal, Moral, and Geopolitical Issues. See  (more...)
 

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