crimes

The Imperative to Organize: What Palestine Needs from Us Now

[Photo Credit: Ringo H.W. Chiu, AP]


By Juan Gonzalez Valdivieso and Salma Hamamy


On October 7th, the Islamic Resistance Movement — a Palestinian political and military organization based in Gaza better known as Hamas — began a multi-faceted attack against the settler colony of Israel. The operation included aerial rocket launches and on-the-ground operations. The attack marked only the latest bout of Palestinian resistance against the sieges, occupations, and ethnic cleansing campaigns that have fundamentally characterized the Israeli state, an entity built on these very atrocities since its founding in 1948. With a dreadful immediacy, Israel responded to the attack in kind, and then some.

The war crimes and genocidal exploits that have unfolded since the fighting began are too multitudinous to list in full. But suffice it to say that Israel has unleashed an endless shower of hospital and school bombings — collective punishment galore. As of December 18th, Israel has slaughtered almost 20,000 Palestinians in Gaza, 70% of whom were women and children. Meanwhile, the Israeli death toll stands at about 1,200. 

Immediately following October 7th, the United States predictably offered Israel — its client state — unconditional support. Soon thereafter, they expanded the gesture by offering military contributions and punishing domestic dissent. In contrast, the American public has largely opposed their government’s pro-Israel posture. An estimated 300,000 protesters marched on Washington in support of Palestine last month. The event featured speakers such as writer Mohammed El-Kurd, musician Macklemore, and lawyer Noura Erakat. It brought together groups from 22 states including California, Illinois, and New Jersey. Two of the largest labor unions in the country — the United Auto Workers and the American Postal Workers Union — have voiced their support for a ceasefire in the region.

Waves of pro-Palestine advocacy have overtaken social media, much to the chagrin of executives and algorithmic gatekeepers. Popular methods of demonstrating solidarity also include calling, emailing, and faxing politicians, donating to pro-Palestine organizations and humanitarian relief efforts in Gaza, boycotting pro-Israel companies, and attending protests and direct actions such as strikes and walkouts. These tactics have all made major headway in nurturing a greater collective consciousness in the United States that supports the Palestinian cause and feels evermore compelled to apply liberatory praxis wherever systemic oppression rears its hegemonic head.

Meanwhile, the situation in Gaza worsens by the hour. The twice-renewed humanitarian pause that began on November 24th ended on December 1st, doing little to ameliorate the displacement, destruction, and brutality that Israel has subjected Gazans to for over two months now. The moment demands an additional layer of action on the part of comrades living outside the occupied territories. Beyond the more traditional forms of activism, we must also embody the organizer spirit in our daily lives. In other words, allies of the Palestinian cause must view our various social relationships and networks as breeding grounds for heightened awareness and collective action. 

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Individualized actions done in unison may spark a wave. But organized actions done in community build a tide. As agents in this transformational moment, we now have a responsibility — to our Palestinian comrades and to ourselves — to organize our immediate surroundings, ensuring that no stone goes unturned. Workplaces, friend groups, family units, neighborhoods, and the like all provide pre-established groupings within which communal awareness and collective action can grow. Beginning with the most promising group, the first step is to start organizational conversations with fellow group members.

These interactions can take many forms, such as further publicizing one’s support for Palestine, pushing back against pro-Israel rhetoric and apologia, wearing clothing that physically depicts solidarity with the Palestinian cause (e.g., keffiyeh), etc. But, generally speaking, the aim is to establish an accurate conception of the individual’s stance on the issue in question, making sure to note any potential gaps in knowledge or qualities that stand out as particularly ripe for agitation. These gaps may include an ignorance of Palestinian history, American ties to Israel, or Israeli ties to imperialist efforts abroad. Ripe points of agitation may include intersecting issues (e.g., the role of co-opted queer liberatory rhetoric in Israeli propaganda), points of reference (e.g., Israeli settler-colonialism as compared to its American counterpart), or personally relatable phenomena (e.g., labor exploitation as seen in both the occupied territories and the United States political economy).

Such efforts will provide a clear portrait of the group’s relationship to said issue. With this layout in mind, subsequent organizing conversations and broader discussions of majority opinion can begin. The hope is that, as this process unfolds, group consciousness will gradually increase, previously unaddressed imperatives will become glaringly obvious, and collective action will inevitably form. From here, discussions to determine group-wide initiatives will become ever more commonplace, until they eventually culminate in a collective decision to pursue a democratically agreed-upon program. 

This organizational method embodies the full meaning of collective action where the reach of individualized initiatives falls short. It penetrates our existence as atomized subjects of imperial capitalism by forcing a collectivization of ideology, commitment, and praxis. It also creates a sociopolitical infrastructure through which we can continue to wield collective action going forward, whether it be for Palestine or for any other issue.

The engagement with the Palestinian cause we’ve seen from Americans in the last couple of months most definitely comprises a host of noteworthy waves, many of which have significantly toppled political affiliations and institutional prestige across sectors. But, now, only the embodiment of an organizational spirit by each and every one of us will do the work of constructing a tide — one that may just push us over the revolutionary edge into a world where Palestine is free, from the river to the sea. 


Juan Gonzalez Valdivieso is a Colombian writer, organizer, and artist. In his writing, he seeks to interrogate the nuances of socialist thought and praxis.

Salma Hamamy is a Palestinian student-activist and the president of the Students for Justice in Palestine chapter at the University of Michigan, known as Students Allied for Freedom and Equality.

Stand Against Torture: Political Scientists Refuse to Legitimate Torture

By Paul A. Passavant and Jodi Dean

Since 2004, we have known that that the United States Government has been responsible for torture. We have known that the legal memoranda written by Berkeley law professor John Yoo during his tenure in the US Justice Department Office of Legal Counsel provided the legal arguments that enabled torture to become a matter of United States policy in the "global war on terror." (GWOT). Many have been shocked, outraged, or ashamed that the United States has banished itself from the most fundamental norm of the post-World War II international order and, some would argue, American constitutionalism and the rule of law itself. [1] Human rights organizations have struggled to discover how this system of torture has functioned, to remove victims from exposure to torture, and to hold key officials and private contractors (such as psychologists) responsible for their conduct. Despite support for these efforts, the success of organizations like Human Rights Watch (HRW), Amnesty International (AI), and the American Civil Liberties Union (ACLU) has only been limited. Both the Bush and Obama administrations frustrated and blocked their work. Others have moved on, out of cynicism, exhaustion, or preoccupation with other horrors. Nevertheless, the necessity of confronting and rejecting the US's institutionalized torture regime remains. We cannot and must not be a country that tortures.

Upon hearing that John Yoo was scheduled to appear at the annual meeting of the American Political Science Association (APSA), held August 31 - September 3, 2017, a number of Political Scientists organized a response. The theme of the annual meeting was "The Quest for Legitimacy: Actors, Audiences and Aspirations." The goal of the organizers was to ensure that the APSA did not legitimate torture by providing institutional cover for Yoo. Our response included protests at the two panels on which Yoo was speaking, both organized by the Claremont Institute, an affiliated group that participates in the annual meeting. When Yoo got up to speak, we stood and turned our backs on him. We held signs, "Stand Up Against Torture." We remained silently standing until the end of the panels. Our response to Yoo's participation in our annual meeting also included getting measures passed at the APSA business meeting that would instruct and enable the ethics committee to bring the association's concern with abuses caused or experienced by political scientists together with its stated commitment to human rights.

In an article posted on the blog of the Hannah Arendt Center for Politics and Humanities at Bard College, Samantha Hill and Roger Berkowitz express "unease" about the APSA Yoo protests. Hill and Berkowitz seem to know that torture occurred. They recognize that Yoo's memos legally enabled the construction of a torture regime. They excerpt at length Corey Robin's summary of the public record. Yoo was not offering the idle speculations of an academic, Robin reminds us, he was issuing legal memoranda whose interpretations of law were binding on the executive branch unless overturned by the Attorney General himself. Yoo was bureaucratically central to the GWOT. According to Jane Mayer's sources, "it's incredible, but John Yoo and David Addington [legal counsel to Vice President Dick Cheney] were running the war on terror almost on their own." [2] Nevertheless, Hill and Berkowitz oppose those Political Scientists who stood in silent protest when Yoo rose to speak.

Hill and Berkowitz echo some of Yoo's supporters, arguing that he should be allowed to speak at APSA because he has not been convicted of the crime of torture. This objection goes to the heart of the problem of uncheckable executive power that Yoo enabled and the key point of the protest. No one can face criminal charges unless the executive branch prosecutes those who violate the law. Obviously, the Bush administration was committed to evading, rather than enforcing, US law criminalizing torture. Moreover, as Glenn Greenwald has reported , the Obama administration actively avoided prosecuting, or otherwise holding accountable, those responsible for the practice of torture. That the state failed to act, however, does not absolve its citizens for inaction. Citizens, too, can and must take action to prevent the normalization of torture. Hill and Berkowitz are disingenuous when they argue APSA should provide Yoo with a platform until he is convicted of war crimes. They can appear to oppose torture, without having to take a stand against torture, as they wait for Yoo's prosecution.

Hill and Berkowitz miss the point of the protest. Surely Hill and Berkowitz are familiar enough with the basics of law to know the difference between a profession's code of ethical conduct and the state's criminal law. The APSA protest was targeted less at Yoo than it was at APSA. Political scientists were insisting the ethical guidelines of our profession do not permit enabling torture. The American Psychological Association (APA) has amended its code of ethics to make this clear (if it wasn't before). The APSA protest announced that it is time for APSA to catch up to the APA. Hill and Berkowitz are playing a shell game by seeking to fool their readers insofar as they criticize the APSA protest because Yoo has not yet been found criminally liable.

Hill and Berkowitz may miss the point of protest period. They say that democracy requires the work of persuasion. Yet they appear not to grasp that protests are tools of persuasion. At APSA, the protests were accompanied by discussions at Council and business meetings about changing APSA policies. Throughout the meeting, not to mention on social media before and after the meeting, there were numerous discussions regarding the appropriateness of having an architect of the US torture regime speak at APSA. The protests were central to the debate over the professional ethics of political scientists.

Hill and Berkowitz are at their worst when they offer a comparison between Yoo and Adolf Eichmann, the Nazi bureaucrat who enabled horror at a mass scale. Any torture regime requires a bureaucracy. Eichmann and Yoo are the kind of bureaucrats who transform the worst of what is humanly imaginable into a mundane institutional practice. For Hill and Berkowitz, Eichmann is unlike Yoo and was rightly punished because he "set in motion the mass murder of innocents because of their religion." In contrast, Yoo "legally rationalized the torture of a small number of terrorists who may or may not have had information that might lead to the saving of thousands of American lives." Eichmann is evil because people were killed on account of their religion - because of their identity or imagined race. Yoo, they suggest, was rationalizing the torture of terrorists to discover information to save American lives. Hill and Berkowitz use religion, ethnicity, or an imagined race, to say nothing of nationalism, to rationalize torture.

Anyone familiar with Abu Ghraib - the key event in the discovery of the Bush torture regime - knows that 70-90 percent of those detained in that space dedicated to torture were ordinary civilians and not terrorists. [3] During the GWOT, 780 people were detained at the US military base at Guantanamo Bay, Cuba. Only three of those ever convicted by military commission are currently detained there, and there are plans to prosecute only fourteen of all those held at that detention camp. Here we see the double standard deployed by Hill and Berkowitz. We must listen to Yoo and treat him as part of the community - knowing his legal work enabled torture - because he has not been convicted for participating in a torture regime. Yet such generosity does not extend to the overwhelming majority of those Muslims and Arabs who have been victims of the torture regime. They are all (potential) terrorists and their torture is, apparently, permissible.

The Hill and Berkowitz comparison of Yoo to Eichmann is striking for its repetition of the torturers' lie: the terrorist might have information. While Hill and Berkowitz spare us the "ticking time bomb" in this scenario, the torturer can never be certain whether the victim does have "information" before inflicting torture. Afterwards, one does well to doubt that the anguished confessions provided anything reliable. [4]

Hill and Berkowitz mischaracterize Yoo's legal work as "opinion," although it was meant to be "binding" on other executive branch bureaucrats in the torture regime. They treat Yoo as rationalizing torture whereas Eichmann set it in motion. This is a lie. As Mayer makes clear, US torture policy came from the lawyers in the Justice Department. Hill and Berkowitz say, "Yoo is the kind of person we need to argue with head on." A debate over torture's merits violates the fundamental ethical and legal injunction against torture. It concedes that torture might sometimes be permissible. Hill and Berkowitz are thus open to the possibility that torture was acceptable in the GWOT. The political scientists protesting Yoo refuse this possibility.

Hill and Berkowitz inoculate Yoo from accountability. They even draft Hannah Arendt into the service of their sorry endeavor, situating Yoo in an Arendtian "space of appearance" where words and actions are recognized. This misappropriation ignores Arendt's own verdict on Eichmann: he should be banished from the world. The APSA protests did not call for Yoo's banishment or execution. They called on APSA to refuse to legitimate the author of US torture policy by providing him with institutional cover. They called on political scientists to stand against torture.


Originally published at Public Seminar .


Paul A. Passavant is Associate Professor of Political Science at Hobart and William Smith Colleges in Geneva, NY.

Jodi Dean is the Harter Chair of Humanities and Social Sciences at Hobart and William Smith Colleges in Geneva, NY.


Notes

[1] Jeremy Waldron, "Torture and Positive Law: Jurisprudence for the White House," Columbia Law Review 105 (October, 2005).

[2] Corey Robin, "When Political Scientists Legitimate Torturers," August 25, 2017 (Online: coreyrobin.com, accessed September 5, 2017), citing Jane Mayer, The Dark Side (New York: Doubleday, 2008).

[3] Mark Danner, "Torture and Truth," in Mark Danner, Torture and Truth: America, Abu Ghraib, and the War on Terror (New York: New York Review Books, 2004), 3.

[4] Darius Rejali, Torture and Democracy (Princeton: Princeton University Press, 2007), chap. 21.

Bank Crimes Pay: Under the Thumb of the Global Financial Mafiocracy

By Andrew Gavin Marshall

On Nov. 13, the United Kingdom's Serious Fraud Office (SFO) announced it was charging 10 individual bankers, working for two separate banks, Deutsche Bank and Barclays, with fraud over their rigging of the Euribor rates. The latest announcement shines the spotlight once again on the scandals and criminal behavior that have come to define the world of global banking.

To date, only a handful of the world's largest banks have been repeatedly investigated, charged, fined or settled in relation to a succession of large financial scams, starting with mortgage fraud and the Libor scandal in 2012, the Euribor scandal and the Forex (foreign exchange) rate rigging. At the heart of these scandals, which involve the manipulation of interest rates on trillions of dollars in transactions, lie a handful of banks that collectively form a cartel in control of global financial markets - and the source of worldwide economic and financial crises.

Banks such as HSBC, JPMorgan Chase, Barclays, Bank of America, Citigroup, Deutsche Bank, Royal Bank of Scotland and UBS anchor the global financial power we have come to recognize as fraud. The two, after all, are not mutually exclusive. In more explicit terms, this cartel of banks functions as a type of global financial Mafia, manipulating markets and defrauding investors, consumers and countries while demanding their pound of flesh in the form of interest payments. The banks force nations to impose austerity measures and structural reforms under the threat of cutting off funding; meanwhile they launder drug money for other cartels and organized crime syndicates.

Call them the global Mafiocracy.

In May, six major global banks were fined nearly $6 billion for manipulation of the foreign exchange market, which handles over $5 trillion in daily transactions. Four of the six banks pleaded guilty to charges of "conspiring to manipulate the price of U.S. dollars and euros exchanged." Those banks were Citigroup, JPMorgan Chase, Barclays and Royal Bank of Scotland, while two additional banks, UBS and Bank of America, were fined but did not plead guilty to the specific charges. Forex traders at Citigroup, JPMorgan Chase and other banks conspired to manipulate currency prices through chat room groups they established, where they arrogantly used names like "The Mafia" and "The Cartel."

The FBI said the investigations and charges against the big banks revealed criminal behavior "on a massive scale." The British bank Barclays paid the largest individual fine at around $2.3 billion. But as one trader at the bank wrote in a chat room conversation back in 2010, "If you aint cheating, you aint trying." The total fines, while numerically large, were but a small fraction of the overall market capitalization of each bank - though the fine on Barclays amounted to some 3.4% of the bank's market capitalization, the highest percentage by far among the group.

Despite the criminal conspiracy charges covering the years 2007 through 2013, the banks and their top officials continue to lay the blame squarely at the feet of individual traders. Axel Weber, the former president of the German Bundesbank (the central bank of Germany), who is now chairman of Switzerland's largest bank, UBS, commented that "the conduct of a small number of employees was unacceptable and we have taken appropriate disciplinary actions."

Looking at the larger scale of bank fines and fraud in the roughly eight years since the global financial crisis, the numbers increase substantially. In addition to a 2012 settlement for mortgage-related fraud in the U.S. housing market, which amounted to some $25 billion, several large banks paid individual fines related to mortgage and foreclosure fraud - including a $16 billion fine for Bank of America, and $13 billion for JPMorgan Chase. Added to these are fines related to the rigging of the Libor rate (the interest rate at which banks lend to each other) and the Forex rigging, as well as money laundering, violating sanctions, manipulating the price of gold, manipulating the U.S. electricity market and assisting tax evasion, among other crimes.

According to a research paper published in June, the total cost of litigation (fines, penalties, settlements, etc.) paid by 16 major global banks since 2010 has reached more than $300 billion. Bank of America paid the most, amounting to more than $66 billion, followed by JPMorgan Chase, Lloyds, Citigroup, Barclays, RBS, Deutsche Bank, HSBC, BNP Paribas, Santander, Goldman Sachs, Credit Suisse, UBS, National Australia Bank, Standard Chartered and Société Générale.

Virtually all of these banks also appear on a list of data, compiled through 2007, revealing them to be among the most interconnected and powerful financial institutions in the world. This core group of corporations forms part of a network of 147 financial institutions that Swiss scientists refer to as the "super-entity," which, through their various shareholdings, collectively control and own each other and roughly 40% of the world's 43,000 largest transnational corporations.

In other words, the big banks - along with large insurance companies and asset management firms - do not simply act as a cartel in terms of engaging in criminal activities, but they form a functionally interdependent network of global financial and corporate control. Further, the banks work together in various industry associations and lobbying groups where they officially represent their collective interests.

The largest European banks and financial institutions are represented by the European Financial Services Round Table (EFR), whose membership consists of the CEOs or Chairmen of roughly 25 of the top financial institutions on the continent, including Deutsche Bank, AXA, HSBC, Allianz, RBS, ING, Barclays, BNP Paribas, UBS, and Credit Suisse, among others.

In the United States, the Financial Services Forum (FSF) represents the largest American along with some European banks and financial institutions. The Forum's membership consists of less than 20 executives, including the CEOs or Chairmen of such firms as Bank of America, Morgan Stanley, JPMorgan Chase, Goldman Sachs, Citigroup, UBS, HSBC, AIG, Bank of New York Mellon, State Street Corporation, Deutsche Bank and Wells Fargo, among others.

And on a truly global scale, there is the Institute of International Finance (IIF), the premier global association representing the financial industry, with a membership of nearly 500 different institutions from more than 70 countries around the world, including banks, insurance companies, asset management firms, sovereign wealth funds, central banks, credit ratings agencies, hedge funds and development banks.

In addition to these various groups and associations, many of the same large banks and their top executives also serve as members, leaders or participants in much more secretive groups and forums - for example, the International Monetary Conference (IMC), a yearly meeting of hundreds of the world's top bankers hosted by the American Bankers Association, which invites selected politicians, central bankers and finance ministers to attend their off-the-record discussions. In addition, there is the Institut International d'Etudes Bancaires (International Institute of Banking Studies), or IIEB, which brings together the top officials from dozens of Europe's major financial institutions for discussions with central bankers, presidents and prime ministers in "closed sessions" with virtually no coverage in the media.

These financial institutions are major owners of government debt, which gives them even greater leverage over the policies and priorities of governments. Exercising this power, they typically demand the same thing: austerity measures and "structural reforms" designed to advance a neoliberal market economy that ultimately benefits those same banks and corporations. The banks in turn create the very crises that require governments to bail them out, racking up large debts that banks turn into further crises, pressuring economic reforms in return for further loans. The cycle of crisis and control continues, and all the while, the big banks and financial institutions engage in criminal conspiracies, fraud, manipulation and money-laundering on a massive scale, including acting as the financial services arm of the world's largest drug cartels and terrorists organizations.

Welcome to the world governed by the global financial Mafiocracy - because if you're not concerned, you're not paying attention.