Bernie
Sanders and Hillary Clinton: The Palestinian
Defender vs. the Israel Apologist
By Marjorie Cohn
April 23, 2016
"Information
Clearing House"
- "Truthdig"-
An amazing thing happened at the prime-time
Democratic debate in Brooklyn on Thursday. A few
days ahead of Tuesday’s delegate-rich New York
primary, presidential candidate Bernie Sanders dared
to criticize Israel. Rival Hillary Clinton, on the
other hand, stood firm as an uncritical apologist
for Israel.
CNN’s Wolf
Blitzer asked Sanders to explain his assertion that
Israel’s actions during the
2014 Israel-Gaza conflict, when
Hamas launched rocket attacks on Israel, were
“disproportionate and led to the unnecessary loss of
life.” Sanders stated that Israel has the right to
defend itself and “to live in peace and security
without fear of terrorist attack,” adding, “That is
not a debate.”
But Sanders
went on to say that 10,000 Palestinian civilians had
been wounded and 1,500 were killed. Sanders actually
understated the fatalities. According to an
independent international commission of inquiry
convened by the United Nations Human Rights Council,
more than 2,100 Palestinians lost their lives in
that conflict.
Fewer than
75 Israelis were killed.
Sanders
added, “Now, if you’re asking not just me, but
countries all over the world was that a
disproportionate attack? The answer is that I
believe it was.”
The
U.N. commission documented 2,251 Palestinian
deaths, including 1,462 civilians (299 women and 551
children), and the wounding of 11,231 Palestinians,
including 3,540 women and 3,436 children. By
contrast, six civilians and 67 Israeli soldiers were
killed, and up to 1,600 were injured.
Quoting
“official Israeli sources,” the commission reported
that Israeli “rockets and mortars hit civilian
buildings and infrastructure, including schools and
houses, causing direct damage to civilian property
amounting to almost $25 million.” The commission
found that 18,000 Palestinian housing units were
totally or partially destroyed; much of the
electrical, water and sanitation infrastructure was
incapacitated; and 73 medical facilities and several
ambulances were damaged. Moreover, 28 percent of the
Palestinian population was displaced.
In
international law, the principle of proportionality
requires an attack be proportionate to the military
advantage sought. Israel did not provide information
to the commission to support the conclusion that
“the civilian casualties and damage to the targeted
and surrounding buildings were not excessive.” The
commission therefore found that the Israeli attacks
could be disproportionate, and may amount to war
crimes.
When
Blitzer asked Clinton whether she agreed with
Sanders that Israel “overreacts to Palestinians
attacks,” and that in order to achieve peace, Israel
must end its “disproportionate” responses, she
demurred, citing the requirement that Israel take
“precautions.”
The
principle of precautions in international law means
Israel had a legal duty to take precautions to avoid
or limit civilian casualties. The commission
concluded, “In many incidents, however, the weapons
used, the timing of the attacks, and the fact that
the targets were located in densely populated areas
indicate that the Israel Defense Forces [IDF] may
not have done everything feasible to avoid or limit
civilian casualties.” The commission said that the
IDF’s use of
“roof-knock” warnings before the strikes did not
constitute effective warning. The commission found
that either the people affected didn’t understand
that their homes were being subjected to
“roof-knocking” or the IDF gave insufficient time
for them to evacuate after the warnings.
The
commission also criticized Israel for “inferring
that anyone remaining in an area that has been the
object of a warning is an enemy or a person engaging
in ‘terrorist activity.’ Those civilians choosing
not to heed a warning do not lose the protection
granted by their status. The only way in which
civilians lose their protection from attack is by
directly participating in the hostilities.”
As the
commission pointed out, the targeting of civilians
may amount to a war crime as well as a violation of
the right to life enshrined in the
International Covenant on Civil and Political Rights.
Sanders
made another declaration one would not expect from
an American politician on national television. He
said, “If we are ever going to bring peace to that
region which has seen so much hatred and so much
war, we are going to have to treat the Palestinian
people with respect and dignity.”
But Clinton
could not bring herself to agree with him. In fact,
Sanders pointed out that during Clinton’s speech to
the American Israel Public Affairs Committee (AIPAC)
in March, “I heard virtually no discussion at all
about the needs of the Palestinian people. Almost
none in that speech.”
Clinton did
tell AIPAC that “Palestinians should be able to
govern themselves in their own state, in peace and
dignity,” and she made a veiled reference to
“avoiding damaging action, including with respect to
settlements.” Israel continues to build illegal
settlements on Palestinian land.
But Clinton
spoke only of the threat to Israel from the
Palestinians and Iran. She called out anti-Semitism,
and opposed
Boycott, Divestment and Sanctions), an
international nonviolent movement initiated by
Palestinian civil society to pressure Israel to end
its occupation of Palestinian lands.
In the
Brooklyn debate, Sanders said that in order to
achieve peace in the region, the United States must
play “an even-handed role,” adding, “We cannot
continue to be one-sided. There are two sides to the
issue.”
But for
Clinton, there is only one side, and that is
Israel’s. When she mentioned the Palestinians during
the debate, she described them as threats to Israel,
focusing only on Hamas. Absent from her remarks was
any mention of the humanity of the Palestinian
people.
During her
address to AIPAC, she advocated “bolstering Israeli
missile defenses with new systems.” But she said
nothing about providing the Palestinians with
missile defenses against 155-millimeter Israeli
artillery.
Although
Sanders had declined an invitation to personally
address AIPAC, he made a statement he would have
delivered to the group. It included this sentence:
“But peace also means security for every
Palestinian. It means achieving self-determination,
civil rights, and economic well-being for the
Palestinian people.”
Sanders
also argued for “ending what amounts to the
[Israeli] occupation of Palestinian territory,
establishing mutually agreed-upon borders, and
pulling back settlements in the West Bank,” as well
as “ending the economic blockade of Gaza.”
Clinton
promised AIPAC that one of the first things she
would do as president would be to invite Israeli
Prime Minister Benjamin Netanyahu to the White
House. She would probably also push to increase the
$3.1 billion in military assistance the United
States provides to Israel annually—more than to any
other country.
There is a
vast difference between Sanders and Clinton on
Israel. Make no mistake. A President Hillary Clinton
would strengthen Israel’s noose around the necks of
the Palestinian people. She would not be an honest
broker in any process to bring peace to that region.
Marjorie Cohn
is a professor at Thomas Jefferson School of
Law, former president of the National Lawyers
Guild, and deputy secretary general of the
International Association of Democratic Lawyers.
Her most recent book is
Drones and Targeted Killing: Legal, Moral, and
Geopolitical Issues. Follow her on Twitter @marjoriecohn.
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