Mahmoud Al-Hajj, a third-generation Palestinian resident of his home (seen here) in the Um Haroun section of the Sheikh Jarrah neighborhood of East Jerusalem / credit: Jessica Buxbaum
Correction: The Jerusalem mayor’s first name was incorrect in an earlier version. The Israel Land Fund replied to the reporter’s inquiry a week after publication to confirm King is no longer involved with the organization in an official capacity.
EAST JERUSALEM, Palestine—Once a mainstream headline, the protests at Sheikh Jarrah are now considered old news. But the threat of displacement still looms over the East Jerusalem neighborhood as new settler building projects could demolish existing homes and leave residents homeless within months.
Under the guise of urban renewal, the Israel Land Fund (ILF), a settler organization Jerusalem Deputy Mayor Arieh King leads, has initiated three building projects for Sheikh Jarrah. They are intended to double the number of settlers.
Construction is set to begin as early as next year and includes approximately 20 housing units plus an office building. If implemented, the housing-unit plans call for razing current residential buildings and evicting six Palestinian families in the Um Haroun section of Sheikh Jarrah. The six-story office building is designated for an empty plot at Sheikh Jarrah’s entrance. ILF did not respond to requests for comment.
The building plans were frozen for years until 2017, when U.S. President Donald Trump’s administration declared Jerusalem as Israel’s capital and moved the U.S. embassy to the city. By 2019, all three projects received final approval from the Jerusalem District Planning Committee.
Building permits haven’t been issued yet, but actions recently have been taken to obtain the permits at Jerusalem’s planning and licensing department. Building permit requests can be processed within weeks or months.
A map depicting the Sheikh Jarrah neighborhood within East Jerusalem / credit: The National
Settlers and the State Working Hand in Hand
Um Haroun is home to 40 Palestinian families. Settler groups, collaborating for years with the Israeli government, have put them at risk of forced expulsion.
“Arieh King is using his power as deputy mayor to bypass this settler plan,” Palestinian resident Mahmoud Al-Hajj told Toward Freedom.
Like the rest of the families in Um Haroun, he’s descended from Palestinians driven from their homes in West Jerusalem and throughout Palestine as the state of Israel was being established in 1948. Al-Hajj’s family originally came from what is now the Old City of Jerusalem’s Jewish Quarter. The Jordanian government gave these homes in Um Haroun to the Palestinian refugees. But today, Israel’s Absentees’ Property Law allows Jews to reclaim these buildings. The legislation permits Jews to return to family properties lost during the violence of 1948, but it doesn’t apply the same standard to Palestinians who were displaced.
According to Al-Hajj, prior to 1948, the properties in Um Haroun were owned by three Palestinian families and rented out to Jews. In that regard, Al-Hajj claims, settler organizations like the ILF are now seeking out the descendants of previous Jewish tenants and urging them to retake these properties.
Additionally, under a 2018 government decision, Israeli authorities recently completed registering land rights to alleged Jewish owners without Palestinian residents’ knowledge. The registration prerequisite in obtaining building permits—The areas in question in Um Haroun are now registered as being owned by Israeli company, Beit Urim, and U.S.-based company, Debraly. Chaim Silberstein, founder and chairman of settler organization, Keep Jerusalem, is listed as Debraly’s representative in the building permit request’s file.
Silberstein has been active in attempts to steal land from Palestinians in Sheikh Jarrah, including trying to seize a yard belonging to the Salem family in Um Haroun. According to Al-Hajj, Silberstein tried in 2005 to use the Absentees’ Property Law to evict Al-Hajj from his home. However, the court ruled against Silberstein, citing Al-Hajj’s family’s status as protected tenants. Under Israeli law, they are allowed to remain in the home for three generations. Al-Hajj, now 55, is a third-generation tenant. Silberstein did not respond to press inquiries.
Yet, as Aviv Tatarsky, researcher with Israeli nonprofit Ir Amim, explained, the Al-Hajj family’s protected tenancy can become null if building owners wish to implement urban renewal projects. That is what settler plans in Um Haroun are considered.
A view of the Sheikh Jarrah neighborhood in East Jerusalem / credit David Shankbone
‘There’s No Protection for Us’
The threat of eviction and home demolitions aren’t the only problems plaguing Sheikh Jarrah. Last month, Israeli parliament member and potentially the next public security minister, Itamar Ben-Gvir, brandished a gun when Palestinians with rocks confronted him and a group of stone-throwing settlers.
“[Israel] practices all types of pressure to bypass this plan through sending court orders, through not allowing us to renovate our houses,” Al-Hajj said. “But the second part of the pressure is arresting our children.”
More than 20 Palestinians were injured in October’s settler assault, including Muhammad Zahran, who suffered head injuries. While two Israelis were arrested for the alleged attack against Zahran, 15 Palestinians were arrested for the October clashes, according to Al-Hajj. Israeli police did not verify the number of people arrested, but they said all who were detained were Israelis holding Israeli IDs. However, reports indicate both Palestinians and Jews were arrested, as seen here and here.
“There’s no protection for us, neither from courts or police,” Al-Hajj said.
As former Prime Minister Benjamin Netanyahu is expected to return to power and form Israel’s most right-wing coalition in its history, Al-Hajj sees no difference between the politicians leading now and in the past.
“It doesn’t matter if it was an extreme right-wing government or not. We look at it as it’s going to be the same policies against Palestinians, and especially Sheikh Jarrah,” Al-Hajj said. “What else would we have other than being expelled from our houses?”
Jessica Buxbaum is a Jerusalem-based freelance journalist reporting on Palestine and the Israeli occupation. You can follow her on Twitter at @jess_buxbaum.
Palestine solidarity protest on the 73rd anniversary of the Nakba took place in Brooklyn, N.Y., May 15, 2021 / credit: Within Our Lifetime/United for Palestine
From the outset, some clarification regarding the language used to depict the ongoing violence in occupied Palestine, and also throughout Israel. This is not a ‘conflict’. Neither is it a ‘dispute’ nor ‘sectarian violence’ nor even a war in the traditional sense.
It is not a conflict, because Israel is an occupying power and the Palestinian people are an occupied nation. It is not a dispute, because freedom, justice and human rights cannot be treated as if a mere political disagreement. The Palestinian people’s inalienable rights are enshrined in international and humanitarian law and the illegality of Israeli violations of human rights in Palestine is recognized by the United Nations itself.
If it is a war, then it is a unilateral Israeli war, which is met with humble, but real and determined Palestinian resistance.
Actually, it is a Palestinian uprising, an Intifada unprecedented in the history of the Palestinian struggle, both in its nature and outreach.
For the first time in many years, we see the Palestinian people united, from Jerusalem Al Quds, to Gaza, to the West Bank and, even more critically, to the Palestinian communities, towns and villages inside historic Palestine – today’s Israel.
This unity matters the most, is far more consequential than some agreement between Palestinian factions. It eclipses Fatah and Hamas and all the rest, because without a united people there can be no meaningful resistance, no vision for liberation, no struggle for justice to be won.
Right-wing Israeli Prime Minister Benjamin Netanyahu could never have anticipated that a routine act of ethnic cleansing in East Jerusalem’s neighborhood of Sheikh Jarrah could lead to a Palestinian uprising, uniting all sectors of Palestinian society in an unprecedented show of unity.
The Palestinian people have decided to move past all the political divisions and the factional squabbles. Instead, they are coining new terminologies, centered on resistance, liberation and international solidarity. Consequently, they are challenging factionalism, along with any attempt at making Israeli occupation and apartheid normal. Equally important, a strong Palestinian voice is now piercing through the international silence, compelling the world to hear a single chant for freedom.
The leaders of this new movement are Palestinian youth who have been denied participation in any form of democratic representation, who are constantly marginalized and oppressed by their own leadership and by the relentless Israeli military occupation. They were born into a world of exile, destitution and apartheid, led to believe that they are inferior, of a lesser race. Their right to self-determination and every other right were postponed indefinitely. They grew up helplessly watching their homes being demolished, their land being robbed and their parents being humiliated.
Finally, they are rising.
Without prior coordination and with no political manifesto, this new Palestinian generation is now making its voice heard, sending an unmistakable, resounding message to Israel and its right-wing chauvinistic society, that the Palestinian people are not passive victims; that the ethnic cleansing of Sheikh Jarrah and the rest of occupied East Jerusalem, the protracted siege on Gaza, the ongoing military occupation, the construction of illegal Jewish settlements, the racism and the apartheid will no longer go unnoticed; though tired, poor, dispossessed, besieged and abandoned, Palestinians will continue to safeguard their own rights, their sacred places and the very sanctity of their own people.
Yes, the ongoing violence was instigated by Israeli provocations in the Sheikh Jarrah neighborhood in East Jerusalem. However, the story was never about the ethnic cleansing of Sheikh Jarrah alone. The beleaguered neighborhood is but a microcosm of the larger Palestinian struggle.
Netanyahu may have hoped to use Sheikh Jarrah as a way of mobilizing his right-wing constituency around him, intending to form an emergency government or increasing his chances of winning yet a fifth election. His rash behavior, initially compelled by entirely selfish reasons, has ignited a popular rebellion among Palestinians, exposing Israel for the violent, racist and apartheid state that it is and always has been.
Palestinian unity and popular resistance have proven successful in other ways, too. Never before have we seen this groundswell of support for Palestinian freedom, not only from millions of ordinary individuals across the globe, but also from celebrities – movie stars, footballers, mainstream intellectuals and political activists, even models and social media influencers. The hashtags #SaveSheikhJarrah and #FreePalestine, among numerous others, are now interlinked and have been trending on all social media platforms for weeks. Israel’s constant attempts at presenting itself as a perpetual victim of some imaginary horde of Arabs and Muslims are no longer paying dividends. The world can finally see, read and hear of Palestine’s tragic reality and the need to bring this tragedy to an immediate end.
None of this would be possible were it not for the fact that all Palestinians have legitimate reasons and are speaking in unison. In their spontaneous reaction and genuine, communal solidarity, all Palestinians are united, from Sheikh Jarrah, to all of Jerusalem, to Gaza, Nablus, Ramallah, Al-Bireh and even Palestinian towns inside Israel – Al-Lud, Umm Al-Fahm, Kufr Qana and elsewhere. In Palestine’s new popular revolution, factions, geography and any political division are irrelevant. Religion is not a source of divisiveness but of spiritual and national unity.
The ongoing Israeli atrocities in Gaza are continuing, with a mounting death toll. This devastation will continue for as long as the world treats the devastating siege of the impoverished, tiny Strip as if irrelevant. People in Gaza were dying long before the Israeli airstrikes began blowing up their homes and neighborhoods. They were dying from the lack of medicine, polluted water, the lack of electricity and the dilapidated infrastructure.
We must save Sheikh Jarrah, but we must also save Gaza; we must demand an end to the Israeli military occupation of Palestine and, with it, the system of racial discrimination and apartheid. International human rights groups are now precise and decisive in their depiction of this racist regime, with Human Rights Watch – and Israel’s own rights group, B’tselem, joining the call for the dismantlement of apartheid in all of Palestine.
Speak up. Speak out. The Palestinians have risen. It is time to rally behind them.
Ramzy Baroud is a journalist and the Editor of The Palestine Chronicle. He is the author of five books. His latest is These Chains Will Be Broken: Palestinian Stories of Struggle and Defiance in Israeli Prisons (Clarity Press). Dr. Baroud is a Non-resident Senior Research Fellow at the Center for Islam and Global Affairs (CIGA) and also at the Afro-Middle East Center (AMEC). His website is ramzybaroud.net
Ukrainian President Volodomyr Zelensky (left) with former Israeli Prime Minister Benjamin Netanyahu. Background: Israeli flag / credit: Toward Freedom photo illustration
Editor’s Note: This article was first published in The Grayzone.
Just forty days after Russia’s military campaign began inside Ukraine, Ukrainian President Vlodymyr Zelensky told reporters that in the future, his country would be like “a big Israel.” The following day, one of Israel’s top promoters in the Democratic Party published an op-ed in NATO’s official think tank exploring how that could be executed.
Zelensky made his prediction while speaking to reporters on April 5, rejecting the idea that Kiev would remain neutral in future conflicts between NATO, the European Union, and Russia. According to Zelensky, his country would never be like Switzerland (which coincidentally abandoned its Napoleon-era tradition of nonalignment by sanctioning Russia in response to its February invasion).
“We cannot talk about ‘Switzerland of the future,’” the president informed reporters. “But we will definitely become a ‘big Israel’ with its own face.”
For those wondering what a “big Israel” would actually look like, Zelensky quickly elaborated on his disturbing prophecy.
“We will not be surprised that we will have representatives of the Armed Forces or the National Guard in all institutions, supermarkets, cinemas—there will be people with weapons,” Ukraine’s president said, predicting a bleak existence for his citizens. “I am sure that our security issue will be number one in the next ten years.”
Though the web post was based on comments Zelensky made to reporters, the president’s office mysteriously excised a section of his remarks in which he declared a future Ukraine would not be “absolutely liberal, European.” Instead, along with his vision for a heavily militarized Ukraine, the post emphasized Zelensky’s readiness to join NATO “already tomorrow.”
For NATO’s power brokers, however, Zelensky’s intimated willingness to join the military alliance was perhaps the least remarkable aspect of his statement. Instead, within 48 hours of his comments, the Atlantic Council—NATO’s semi-official think tank in Washington—published a “road map” exploring how to transform Ukraine into “a big Israel.”
Authored by Daniel B. Shapiro, the former U.S. Ambassador to Israel under President Barack Obama, the document posited that “the two embattled countries share more than you might think.”
Just as former U.S. Secretary of State Alexander Haig presented Israel as “the largest American air craft carrier in the world that cannot be sunk,” Shapiro put forward a vision of Ukraine as a hyper-militarized NATO bastion whose national identity would be defined by its ability to project U.S. power against Russia.
Ukrainian President Volodymyr Zelensky visits the Western Wall in Jerusalem, January 2020
Israel and Ukraine: “Old, Loyal Friends”
Despite Israel’s reluctance to join the Western sanctions campaign against Russia, it has aided Ukraine’s militarily, sending two large shipments of defensive equipment since February of this year. In the past, however, Israel’s support for Ukraine in its fight against Russia has been more than defensive.
Back in 2018, over 40 human rights activists petitioned the Israeli High Court of Justice to stop arming Ukraine after members of the neo-nazi Azov Battalion were caught brandishing Israeli-made weapons. As Israel’s Ha’aretz noted at the time, “The militia’s [Azov] emblems are well-known national socialist ones. Its members use the Nazi salute and carry swastikas and SS insignias… One militia member said in an interview that he was fighting Russia since Putin was a Jew.”
Zelensky, a Ukrainian Jew, was apparently unperturbed by Israel’s alleged arming of Nazi elements in his country. One year after his 2019 election, he made a pilgrimage to Jerusalem to launch what he called a “prayer for peace,” and to attend an event titled, “Remember the Holocaust to fight anti-Semitism.” Ahead of the junket, Zelensky heaped praise on Israeli society, remarking in an interview that “Jews managed to build a country, to elevate it, without anything except people and brains,” and that Israelis are a “united, strong, powerful people. And despite being under the threat of war, they enjoy every day. I’ve seen it.”
Happy Birthday, @netanyahu! I wish you and all the Jewish people good health and the strength to face all the challenges of the rapidly-changing world. At a time like this, old loyal friends are more valuable than ever. #Ukraine and #Israel have a friendship such as this. pic.twitter.com/jhonXgiqAl
“There are many countries in the world that can protect themselves, but Israel, such a small country, can not only protect itself, but facing external threats, can respond,” Zelensky said, adding that he had visited the country “many times.”
In a birthday message later that year to Israel’s then-Prime Minister, Benjamin Netanyahu, Zelensky commented that “old loyal friends are more valuable than ever. Ukraine and Israel have a friendship such as this.”
Since the escalation in fighting between Kiev and Moscow in February of this year, dozens of Israelis have traveled to Ukraine to join the country’s Foreign Legion.
More and more Israeli soldiers are showing up in Ukraine, ready to fight against the Russian Army.
In August, the Canadian government-backed Kyiv Independent published an investigation which accused Ukraine’s Foreign Legion of stealing arms and goods as well as carrying out sexual harassment and other forms of abuse.
Meanwhile, Zelensky has continually heaped praise on Tel Aviv, especially after an Israeli Supreme Court decision to lift restrictions on citizens traveling to Ukraine.
“The rule of law and respect for human rights is exactly what distinguishes a true, developed democracy!” the Ukrainian President tweeted following the July ruling.
I commend the decision of the Supreme Court of the State of Israel, which obliges the government of 🇮🇱 to abolish any additional restrictions on the entry of citizens of 🇺🇦. The rule of law and respect for human rights is exactly what distinguishes a true, developed democracy!
— Володимир Зеленський (@ZelenskyyUa) July 3, 2022
A Hyper-Militarized Apartheid State As a Model for Ukraine
By April of 2022, Zelensky’s admiration for the Israeli state had apparently reached new heights. Immediately following his declaration that Ukraine would soon become “a big Israel,” Washington’s former ambassador to Tel Aviv, Daniel B. Shapiro, published a blueprint for Zelensky to achieve that dream at the Washington D.C.-based, NATO-sponsored Atlantic Council.
“By adapting their country’s mindset to mirror aspects of Israel’s approach to chronic security challenges, Ukrainian officials can tackle critical national-security challenges with confidence and build a similarly resilient state,” Shapiro, an Atlantic Council “distinguished fellow,” wrote.
The nearly 900-word outline offered eight bullet points detailing how Ukraine can become more like Israel, a country recently described by Amnesty International as an “apartheid state.” The points included advice such as to place “security first,” maintain “Intelligence dominance,” and remember that “technology is key.”
According to Shapiro, a central component of Israel’s security strategy is that “the whole population plays a role.”
“Civilians recognize their responsibility to follow security protocols and contribute to the cause,” Shapiro wrote of the Israeli population. “Some even arm themselves (though under strict supervision) to do so. The widespread mobilization of Ukrainian society in collective defense suggests that the country has this potential.” These comments align directly with Zelensky’s prediction that in a future Ukraine, “people with weapons” will be present in nearly every aspect of civilian life.
Like the propaganda touting Israel’s “success” as a security state, Shapiro’s blueprint imagined Ukraine’s citizenry united by a “common purpose” with help from Tel Aviv’s “high-tech innovation” in the military and intelligence sectors. His game plan portrays Israel’s advancements in security to as an almost mythical achievement owing purely to the feisty, innovative spirit of its citizens, overlooking the single greatest material factor in its success: unprecedented levels of foreign military assistance, particularly from the United States. Indeed, without U.S. taxpayers virtually subsidizing its military through yearly aid packages amounting to untold billions of dollars, it is difficult to see how a country the size of New Jersey would have attained the status of the world’s leading surveillance technology hub.
Even as Shapiro urged Zelensky to maintain “active defense partnerships,” he simultaneously downplayed the role foreign aid has played in preserving Israel’s settler-colonial imperatives, arguing that the “single principle” informing Tel Aviv’s security doctrine is that “Israel will defend itself, by itself—and rely on no other country to fight its battles.”
Shapiro must have forgotten that principle when he tweeted, “Thank God Israel has Iron Dome”—a reference to Israel’s air defense system that U.S. taxpayers funded to the tune of $1 billion in 2021 alone, on top of $3.8 billion in military assistance earmarked for Tel Aviv that year.
Thank God Israel has Iron Dome to protect its citizens from Hamas rocket from Gaza. But Israel's ability to defend itself doesn't in any way lessen the outrage of a terrorist organization firing at civilians from within civilian areas.
In his advice to Zelensky, Shapiro also emphasized that “Ukraine will need to upgrade its intelligence services” in a similar manner to Israel, which “has invested deeply in its intelligence capabilities to ensure that it has the means to detect and deter its enemies—and, when needed, act proactively to strike them.”
Then-Amb. Daniel Shapiro speaking at the 2016 conference of the Israeli Institute for National Security Studies, which would later employ him.
A U.S. Diplomat Stays Behind in Israel, Goes to Bat for Its Top Spying Firm
Shapiro would know a thing or two about the Israeli intelligence apparatus. In mid-2017, after opting to remain with his family in Israel, rather than return to the country that had employed him as a diplomat, he joined the Israeli tech firm NSO hacking firm as an independent advisor. There, Shapiro helped evaluate potential clients for NSO’s notoriously invasive digital spyware, known as Pegasus. NSO’s many government clients include the Saudi Monarchy, which has used its Pegasus system to monitor and persecute human rights campaigners and journalists.
Shapiro has also enjoyed close ties with Israeli intelligence through the Institute for National Security Studies (INSS) think tank in Tel Aviv. During the better part of his four years as a “Distinguished Visiting Fellow” at the institute, its executive director was Amos Yadlin, the Israeli Defense Forces’ former chief of Military Intelligence. Yadlin helped devise the doctrine of disproportionate force employed by the Israeli military against Gaza in which civilians were redefined as the “terrorists’ neighbor,” and thereby stripped of protections under the Geneva Conventions.
In 2018, INSS paid Shapiro more than $20,000 to testify before Congress on its behalf, despite him not registering as a foreign agent. Like NSO Group, INSS maintains a veneer of independence from the Israeli government even though its founder, Aharon Yariv, also served as the head of Israel’s military intelligence.
In the US, Shapiro had a stint at WestExec Advisors, a consulting founded in 2017 by now-Secretary of State Anthony Blinken and described by Politico as “Biden’s Cabinet in waiting.” Prior to the election of Joe Biden, Shapiro ran cover in the media after the Democratic Party’s platform removed language opposing further annexation of land in the occupied Palestinian West Bank.
War—It’s Good for Atlantic Council Donors
It is likely no coincidence that Shapiro published his prescription for converting Ukraine into an Israeli-style security state in his capacity as a “distinguished fellow” at the Atlantic Council. If Ukraine is ever transformed into the permanent military fortress he and Zelensky imagine, the NATO think tank’s weapons industry donors stand to benefit immensely.
Lockheed Martin, Raytheon and Boeing were all listed among the Atlantic Council’s top benefactors in 2021. Raytheon Chairman and CEO Gregory J. Hayes also happens to sit on the think tank’s international advisory board. As Max Blumenthal reported for The Grayzone, the Atlantic Council has also served as a de facto laundromat for money from Ukrainian interests like Burisma to members of Biden’s inner circle.
The three aforementioned arms companies, which form the heart of Washington’s military industrial complex, have already reaped massive profits from the war in Ukraine. Boeing, which faced a public relations crisis after malfunctions in its 737 Max plane’s operating system resulted in two high profile crashes, could be on track to reclaiming its status as the world’s top aircraft manufacturer as a result of the conflict.
Though Boeing suffered two consecutive quarterly losses in 2022, by July it claimed to be “building momentum” for a recovery. In June, the aerospace giant secured a contract to supply heavy-lift helicopters to Germany’s government after Berlin created a $107 billion fund for military investment in direct response to the Ukraine war.
Meanwhile, Raytheon and Lockheed Martin both manufacture the Javelin anti-tank missile system that have been dubbed a “symbol of Ukraine’s resistance” on the battlefield.
During his visit to Lockheed Martin's Troy, Alabama plant, Joe Biden pushed for approval of his proposed $33 billion military aid package to Ukraine by claiming Ukrainians were naming their children "Javelin" and "Javelina" after the anti-tank missile the plant manufactured. pic.twitter.com/zNPiKRjSrw
“They’ve been so important, there’s even a story about Ukrainian parents naming their children—not a joke—their newborn child ‘Javelin’ or ‘Javelina,’” U.S. President Joe Biden gushed during a May visit to a Lockheed Martin plant in Troy, Alabama, underscoring the company’s vital role in the Ukraine war with absurdity.
The United States has sent more than 8,500 Javelin anti-tank systems to Ukraine since February at a cost of roughly $178,000 a pop, according to the Pentagon’s 2021 budget. Eager to keep the gravy train flowing, Lockheed Martin is seeking to double production, aiming to manufacture 4,000 Javelin systems a year. Lockheed’s 2022 stocks are up more than 20 percent over the previous year, reaching their height just two weeks after Russia’s military operation began.
With inspiration from Shapiro’s NATO-sponsored “road map” to success, Zelensky’s fantasy of a perpetual militarized, high-tech Sparta bolstered by a gun-toting civilian population will require a massive investment in weapons and surveillance technology on the part of the government in Kiev. If this war is any indication, Ukraine will likely look to the Atlantic Council’s donors once again as it ventures to fulfill Zelensky’s dream of establishing a “big Israel” on Russia’s border.
Alex Rubinstein is an independent reporter on Substack. You can subscribe to get free articles from him delivered to your inbox here. If you want to support his journalism, which is never put behind a paywall, you can give a one-time donation to him through PayPal or sustain his reporting through Patreon. He can be followed on Twitter at @RealAlexRubi.
A U.S. court’s ruling sends a clear message to Israel organizations intent on suppressing advocacy for Palestinian rights / credit: Alejandro Alvarez / SIPA USA
A court in Washington, D.C., has entirely dismissed a lawsuit against the American Studies Association over its support of an academic boycott of Israel.
The lawsuit, which was filed in 2016 by Israel advocates, has now failed three separate times in court – a significant defeat for the Israel lobby’s attempt to punish scholars who back Palestinian rights.
“The court found that the claims primarily arose from advocacy on an issue of public interest and were not likely to succeed,” stated the Center for Constitutional Rights.
In a 2013 referendum, members of the American Studies Association overwhelmingly endorsed an academic boycott of Israel.
The vote followed an endorsement of the boycott by the association’s governing body.
Declaring the boycott an ethical stance, the ASA said that it “represents a principle of solidarity with scholars and students deprived of their academic freedom and an aspiration to enlarge that freedom for all, including Palestinians.”
Israel advocates within the association, however, jumped into action to persecute colleagues who dared to criticize Israel.
Using a tactic known as lawfare, in which Israel lobby groups use legal means to harass and silence supporters of Palestinian rights, the plaintiffs claimed that the boycott resolution was brought by “insurgents” within the association who attempted to “subvert and change the ASA’s purpose” into a political advocacy organization.
The plaintiffs alleged that a “cabal” of leaders from the US Campaign for the Academic and Cultural Boycott of Israel (USACBI) surreptitiously took over the ASA and used their positions on its executive committee and national council to foist the boycott resolution on the association’s unsuspecting membership, misspending ASA money in the process.
A federal court threw out a key claim in the lawsuit in 2017, ruling that the ASA’s endorsement of the boycott was not contrary to the association’s charter.
After the lawsuit was initially dismissed in 2019, the plaintiffs filed an appeal, and opened a second case in the Washington, DC Superior Court.
Later that year, the Superior Court granted the defendants’ motions to dismiss in part, but denied their anti-SLAPP motion.
SLAPP suits are intended to suppress free speech and force people or organizations into spending money defending themselves in court.
But defendants appealed the denial of that anti-SLAPP motion.
The DC Court of Appeals ordered the court to reanalyze the case, resulting in the most recent ruling, notes the Center for Constitutional Rights.
The force behind the lawsuit was the Louis D. Brandeis Center, an Israel advocacy organization that has for years worked to smear Palestine solidarity activism as anti-Semitism, and attempts to suppress it with frivolous lawsuits and bogus civil rights complaints.
The organization’s former president, attorney Kenneth Marcus, represented the plaintiffs until February 2018 – when he was appointed as the Trump administration’s top civil rights enforcer at the US Department of Education.
“The purpose of lawsuits like these are really to harass and intimidate activists who support rights anywhere, but freedom and justice in Palestine in particular,” Astha Sharma Pokharel, staff lawyer with the Center for Constitutional Rights, told The Electronic Intifada.
Along with the anti-SLAPP laws that are designed to deter these kinds of attacks, the court’s dismissal “sends a message to Palestinian rights advocates that they are supported and that the law is on their side,” Sharma Pokharel added.
‘A Losing Strategy’
The Center for Constitutional Rights represented Steven Salaita, one of the defendants targeted by this lawsuit.
In 2014, Salaita was fired by the University of Illinois at Urbana-Champaign for social media comments criticizing Israel’s assault on Gaza that year.
Salaita then found himself targeted by the lawsuit against the American Studies Association.
He told The Electronic Intifada this week that he was relieved that the DC court dismissed the lawsuit against the American Studies Association.
“It was something hanging over my head and I dislike being obliged to deal with people who deny my humanity,” Salaita said.
“I don’t know what message [Israel lawfare groups] will hear – probably nothing – but it should send them the message that it’s a losing strategy,” he said.
“More importantly, it should send them the message that even if their nonsense were to be effective according to judicial bodies in the United States, it still won’t stop anybody from agitating against the Israeli state.”
Boycotts, he added, are “designed to bypass and subvert state institutions.”