Words Have Consequences

I'm still traveling for the holidays, and so I don't anticipate writing anything especially substantive about South Africa's charge before the ICJ that Israel had failed to prevent acts of genocide, and incitement to genocide, in the Gaza Strip. But I did want to observe one thing.

I haven't read the document in detail, but word is that it is buttressed by citation to numerous public statements and tweets by various high-level Israeli government functionaries who've indulged in deeply extreme rhetoric vis-a-vis the Palestinian people. Consider the Ministry of Intelligence "concept paper" proposing ethnically cleansing Gaza's Palestinian population to Egypt, or the Israeli minister who floating dropping a nuke on Gaza. Harrowing stuff. And there's more where that came from.

The response to such rhetoric in many pro-Israel circles, from what I've seen, reminds me of how we were "supposed" to treat similar extreme rhetoric from the Trump administration. Persons on the "establishment" side of the GOP -- not MAGA types, but also not NeverTrumpers -- often acted as if it was unfair, a form of cheating, to treat extreme pronouncements by Trump or has lackies as if they actually were evidence of any sort of substantive intent on the part of the Trump administration. Don't we know he's a blowhard, a rabble rouser, that he's just playing to the base, that it's not serious? How outrageous, to act as if Trump's Muslim ban was a Muslim ban just because he said it was a Muslim ban.

There was something deeply pathetic about this mewling, in how it echoed the broader infantilization of the right. No matter how high it ascends and no matter how much power it amasses, one cannot be expected to treat the right seriously. It can never matter. And certainly, they can never be asked to take responsibility for what they say.

The same sort of apologias seem to percolate around the extremism amongst Israeli government officials. It's not so much people condoning the rhetoric, but they think it's just unreasonable, unkosher, a foul that it be viewed as anything other than the usual blowhards being blowhards. It's unfair that Israel might face consequences for what its ministers are saying aloud.

No. I mean yes, these blowhards are blowhards. But at some point, the price of becoming a president or a minister or a high-ranking government official is that your words have consequences. They aren't the equivalent of just shit-posting for LOLs or edgelording to own the libs. People are absolutely entitled to think that when high-level government officials say something, that something they said is evidence about actual government policy.

So I admit some satisfaction that these words are now being used as substantive evidence, that they are carrying consequences. They should. It's a good thing that they're not cost-free actions anymore.

To be sure: a charge of genocide is a grave one, and a finding should never be used as a means of saying "got 'em" towards even the most repugnant political figures. The findings necessary to establish intent are properly high, and to that extent the apologists are right that one has to actually do the work of showing that this rhetoric -- repellant as it is -- is actually manifesting as operational policy; one can't just cite the tweets and call it day. This rhetoric is evidence that makes it reasonable to look into the charge; it does not establish the veracity of the charge itself. And on the whole, while we may dispute what does and does not count as genocide, I don't think Israel's conduct crosses the threshold of what international bodies have themselves treated as genocide in the past, and it would be a little too in character for the ICJ to decide it needs to lower the bar now.

However. Words have consequences, and one consequence of having major government officials speak the way that they have is that an allegation which might otherwise seem completely outrageous or unfounded now have to addressed. When you've killed as many people as Israel has, and your ministers are speaking the way they do -- well, now you've got to defend yourself. You may have an explanation, but now you've got to actually give it. You lose the prerogative that people just accept on faith that these claims are absurd. That loss, and the need to actually defend against charges like this, is entirely a consequence of the Israeli government's own choices, and in particular the choice of Bibi to elevate the most vicious, far-right extremists imaginable into positions of power. Their words are now carrying a cost, and they should. There's nothing unreasonable, unfair, or unkosher about that.

The Bongani Masuku Case Comes To A Close(?)

Long (loooong) time readers of this blog may recall the case of Bongani Masuku, a former top trade union official in South Africa alleged to have engaged in hate speech against Jews in the course of condemnatory comments about Israel during the 2009 conflict with Palestine in Gaza. This has been a lengthy saga -- in 2009, the South African Human Rights Commission concluded that Masuku had engaged in hate speech; in 2017, that ruling was upheld by the Equality Court; and in 2018, that ruling was in turn reversed by an appellate court. Now, finally, in 2022, the Constitutional Court of South Africa -- the highest court -- has weighed in, unanimously concluding that one of the four challenged statements by Masuku does in fact constitute hate speech and ordering Masuku to deliver an apology (link to the opinion here).

Again, this is a complicated saga and some of the points I would make would be repetitive. But a few points are worth (re)emphasizing here:

• Some of the most damning statements by Masuku do not seem to be in the record the courts have been reviewing -- I'm not sure why (I assume it is for some procedural reasons regarding how the challenge was brought, not that the courts are just studiously ignoring them, but I'm not sure). For example, Masuku reportedly expressly said that his comments were meant to "convey a message to the Jews of South Africa", which seems quite germane to assessing whether his comments should be seen as targeting Jews.
• Likewise, I have no particular knowledge about South African law, and so cannot comment on whether this decision is correct or not as a faithful application of the current (or "best") reading of the relevant constitutional clauses and statutes.
• Finally, while I oppose "hate speech" rules on principle, South Africa has elected to take a different approach on speech than does American constitutional law. Given that, there is no reason why the Jewish community of South Africa should not be able to avail itself of these protections.

The Court analyzed four (but really two) comments by Masuku to see if they qualified as hate speech. The first was a blog comment where Masuku said:

1. [A]s we struggle to liberate Palestine from the racists, fascists and Zionists who belong

to the era of their Friend Hitler! We must not apologise, every Zionist must be made

to drink the bitter medicine they are feeding our brothers and sisters in Palestine. We

must target them, expose them and do all that is needed to subject them to perpetual

suffering until they withdraw from the land of others and stop their savage attacks on

human dignity.

(In the realm of "damning comments not discussed", during this blog discussion Masuku reportedly said that he had come to conclude that "Jews are arrogant, not from being told by any Palestinian, but from what I saw myself").

The other three all came during a pro-Palestine university rally (and the court analyzes them together, hence why I think it's perhaps more sensible to view them as one statement rather than three). There Masuku said:

2. “COSATU has got members here even on this campus; we can make sure that for that side [the pro-Israel side] it will be hell.” 

3. “[T]he following things are going to apply: any South African family, I want to repeat it so that it is clear for anyone, any South African family who sends its son or daughter to be part of the Israel Defence Force must not blame us when something happens to them with immediate effect.”

4. “COSATU is with you, we will do everything to make sure that whether it’s at Wits, whether it’s at Orange Grove, anyone who does not support equality and dignity, who does not support rights of other people must face the consequences even if it means that we will do something that may necessarily cause what is regarded as harm.” 

The Court ultimately concluded that the first statement (in the blog) was hate speech, while the other three are not. The deciding factor was the Hitler reference, which, the Court concluded, would reasonably be seen as targeting the Jewish community insofar as Hitler of course is famous for targeting Jews (and not specifically "Zionist Jews"). The other statements, by contrast, however hurtful or offensive they might have been, appear to be in the context specifically of opposing "pro-Israel" persons rather than the Jewish community as such.

Overall, I think this should be viewed as a pretty sizeable victory for the Jewish community. I might suggest that the fourth statement, too, could be seen as targeting the Jewish community insofar as Orange Grove is apparently well-known as a heavily Jewish neighborhood and its inclusion therefore seems to be specifically about referencing the Jewish community as Jews (that is, just as a Hitler reference is evocative of Jews, not Zionist Jews, Orange Grove is also associated with Jews, not specifically Zionist Jews). I think the Court's assessment of the second and third statements is fair enough; there is no doubt those words represent sharp blows thrown, but they expressly relate to persons who are by some form of action taking a side and are commentary on that side. One need not like or approve of them to think they fall within the bounds of protected speech.

But on the whole, the Court seemed quite thoughtful here. It recognized that words which on face might appear neutral or nonsectarian may, given social context, historical usage, or other considerations, nonetheless evoke hateful tropes; this was very important in avoiding what I thought was some too-quick moves by the appellate court to simply intone the truism that Zionism and Judaism are not synonymous and call it day. On this point, the Court said something that may well be worth framing:

Due regard to this context and history must be observed when dealing with expressions that are allegedly anti-Semitic, because many socially acceptable words may become a proxy for anti-Semitic sentiments. Focusing on the plain text and ignoring the objectively ascertainable subtext would be ignorant, inappropriate and antithetical to what our Constitution demands.

Couldn't say it better. 

In any event -- Masuku and COSATU have been very aggressive in fighting this case (and, I'll be honest, I expected them to prevail). It will be interesting to see how the court-ordered apology plays out. But it appears that, as a legal matter, the Masuku saga has finally come to a close.

Masuku Hate Speech Conviction Reversed On Appeal

Long-time readers of the blog might recall the saga of Bongani Masuku, a top COSATU official who back in 2009 was found to have engaged in hate speech for a variety of statements about Jews and Zionists. Highlights included:

• Referring to Zionists as "belong[ing] to the era of their Friend Hitler"
• Contending that "every Zionist must be made to drink the bitter medicine they are feeding our broathers (sic) and sisters in Palestine," and
• Expressing his view that "Jews are arrogant, not from being told by any Palestinian, but from what I saw myself."

Lest there be any mistake on the audience for his remarks, Masuku expressly said he was seeking to "convey a message to the Jews of [South Africa]."

Anyway, the South African Human Rights Commission found that Masuku had engaged in hate speech, and (eight years later) the Equality Court upheld that ruling in 2017. But earlier this month, the Supreme Court of Appeals (an intermediate court -- don't let the name deceive you) reversed that decision and concluded that Masuku's comments were protected speech.

Commenting on foreign legal decisions is always a fraught exercise -- needless to say, I'm not familiar with the particularities of South African law, procedure, or precedents that are germane to correctly deciding the case. That's compounded by the fact that I oppose hate speech laws on principle -- none of what Masuku said would be actionable in America, and I'm content with that arrangement. That said, in states which have such laws I don't think Jews should be cast out from their blanket of protection -- something that does sometimes seem to happen. There's a big difference between a court generally adopting a narrow view of what hate speech prohibits, and a ticket good for this ride only that says Jews -- and only Jews -- have to suck it up and learn how to grow thicker skins.

In any event, the opinion itself seems generally skeptical about the strictures hate speech laws place on free speech -- again, a position I'm broadly sympathetic to, albeit one whose application to this case I'm poorly positioned to evaluate vis-a-vis other South African hate speech precedents. The tenor of the opinion also gave the distinct impression that the court believed that Masuku had been provoked, and was simply responding emotionally in an emotional context -- a position I'm considerably less sympathetic to.

In the main, though, the appellate court concluded that none of the statements identified as "hate speech" by the lower court were targeted at Jews (as opposed to at Zionists). Hence, they could not be deemed to hatred directed at a protected group (religion or ethnicity).

Way back in 2009, I suggested that this was going to be the core issue of the case and suggested some arguments establishing why it was proper to view Masuku as targeting Jews (I also expressed skepticism that Jews would ultimately win in South African courts, so, hurrah for vindication?). I won't rehash those here, but I am curious about the status of those statements from Masuku which did seem to make evident that he was referring to Jews-qua-Jews, not "just" Zionists. The appellate court alluded to other statements "included in the complaint", but did not identify them -- focusing only on those statements which were ultimately adjudged to have been hate speech.

This seems odd. A statement to the effect that one is "convey[ing] a message to the Jews of [South Africa]" may not be hate speech on its own, but it seems like pretty strong evidence regarding who Masuku is talking to and about elsewhere in his speech. If Masuku said he's sending a message to "the Jews", then believe him!

But -- as per my above caution regarding commenting on foreign legal rulings -- I don't know the status of that statement or others where Masuku seems more explicitly antisemitic. Were they in the record of the case? If not, why not? There might be wholly justifiable legalistic reasons for why they were not considered -- I just am not positioned to know what they are. But the impression, from my knowledge of the facts as an observer, is that the court concluded that Masuku wasn't talking about Jews by scrupulously avoiding mention of all the parts where Masuku is very clearly talking about Jews.

The case may still yet go up to South Africa's highest court (I wouldn't hold my breath for a successful outcome). And if you want a taste of my terrible life -- here is the article which initially alerted me to the ruling. If you want to hear the court opinion defended in the most openly antisemitic way possible, click the link and prepare to be depressed.

Court Upholds Masuku Hate Speech Finding

Here's a blast from the past. Back in 2009, I started following the case of one Bongani Masuku, at that time International Secretary of the Congress of South African Trade Unions (COSATU). Masuku was under fire for a bevy of antisemitic statements, virtually all of which were in the context of Palestinian solidarity work, but which kicked off when he stated that he wanted to "convey a message to the Jews of [South Africa]." Other highlights included:

• Referring to Zionists as "belong[ing] to the era of their Friend Hitler"
• Contending that "every Zionist must be made to drink the bitter medicine they are feeding our broathers (sic) and sisters in Palestine," and
• Expressing his view that "Jews are arrogant, not from being told by any Palestinian, but from what I saw myself."

Lovely. In any event, various South African Jews complained and received a judgment from the South African Human Rights Commission (SAHRC) that Masuku's comments constituted antisemitic hate speech -- a ruling which caused COSATU to go absolutely ballistic. Since Masuku refused the SAHRC's order that he apologize, the case headed off to Equality Court in December 2009 -- and that was the last I heard of it.

Until today. The Equality Court issued its verdict, and it found against Masuku on all counts (you can read the opinion here). It unequivocally found that its comments were hate speech, were functionally targeted at Jews, and were unprotected by freedom of expression.* It again ordered him to make an unconditional apology, as well as (with COSATU) paying full litigation costs. It even went out of its way to specifically reject the expert testimony offered in support of Masuku as "partisan" in character and unreliable.

From what I can tell, this is probably not the last stage -- there still can be more appeals, and one doubts that COSATU or Masuku have come this far just to give up and apologize to the damn Jews. But right now, this is a major win for the South African Jewish community, and a huge loss for all those who seek to excuse even naked antisemitism by draping it in the cloak of "criticism of Israel."

* As I have observed previously, South Africa has very different standards regarding free speech compared to the US -- the former allows proscriptions against hate speech, the latter does not. In general, I prefer the US model, but insofar as this is a South African court applying South African law that debate is not germane.

Post-Grading Roundup: 5/13/15

Exams are graded and turned in. I've yet to have an angry mob of students assail my office door (or email inbox). And my browser is starting to be overrun. So let's clear some debris, shall we?

* * *

* The always-provocative Northwestern Law Profesor Eugene Kontorovich explores how the international community and international press has reacted to other blockades in situations analogous to the Israel/Gaza conflict (e.g., Georgia/Abkhazia, Sri Lanka/Tamil, and Saudi Arabia/Yemen). In all cases there seem to be few claims that the blockades are illegal (indeed, there seem to be few instances where people pay attention at all).

* Eugene Volokh has the rundown on a really bizarre story out of Canada, where some reports have high government officials threatening prosecution of anti-Israel BDS activists (on "hate crimes" charges), while other officials dismiss those reports as "conspiracy theories." It's unclear what is going on, but if I had to guess the government is not planning to prosecute anyone for mere advocacy of a boycott, but might be indicating its belief that actually carrying out such a boycott would constitute illegal national origin discrimination. But that's really a wild guess on my part.

* Speaking of national origin discrimination and boycotts, a proposed BDS resolution at an Ithaca co-op was rejected after co-op attorney's determined it would put them at risk of liability under New York human rights laws (which prohibit boycotts based on national origin). This interests me, since I've always though the BDS movement was vulnerable to this point of attack, but I hadn't seen it get much traction up until this point. And to be clear: the attorneys are not saying adopting a BDS resolution is illegal, only that it raises a sufficiently colorable risk such that it might (for example) affect their insurance rates. That seems pretty incontestably true.

* A South Africa columnist sharply condemns those rallying around a student leader who expressed admiration for Hitler (the defenders, needless to say, are accusing the student's administrative critics of being "puppets" for the shadowy Jewish conspiracy supposedly funding the university). I'm of two minds on this: On the one hand, the column really is well done and unapologetic in its condemnation of this form of anti-Semitism, even when it (as always) tries to cloak itself as mere "anti-Zionism" (and the author makes abundantly clear that he agrees with the basics of the anti-Zionist position). On the other hand, I feel like if I'm getting excited that a columnist is able to unapologetically condemn praising Hitler, I might be setting the bar too low.

* My latest draft paper is up on SSRN. It's titled The Siren Song of Strict Scrutiny, and explains why the failure of sexual orientation to be elevated to the ranks of a "suspect classification" is actually a very good thing for the gay rights' movement.

The Train Has No Brakes

It's been a while since we last checked in on the state of Jews in South Africa. We've seen government officials pull out of an event hosted by the country's umbrella Jewish organization ("Celebrating 20 years of South Africa’s Freedom"), because the BDS movement does not target Jews. We saw another official call for "eye for an eye" retaliation against the Jewish community for deaths in Gaza, because the BDS movement does not target Jews. We saw yet another ANC official not even receive a reprimand for telling Facebook that "Hitler was right", because the BDS movement does not target Jews. And of course, there was the top COSATU official who was sanctioned by the South African Human Rights Commission for hate speech after he said he wished to "convey a message to the Jews in South Africa" and threatening them that it "will be hell", because the BDS movement does not target Jews.

And so it is today that we get another entry it what is becoming an increasingly dangerous pattern: the Student Representative Council at the Durban University of Technology, supported by the Progressive Youth Alliance, has submitted a demand that the University expel all of its Jewish students. Mqondisi Duma, Secretary of the Student Representative Council, was quite blunt: "As the SRC, we had a meeting and analysed international politics. We took the decision that Jewish students, especially those who do not support the Palestinian struggle, should deregister." Because the BDS movement does, in fact, target Jews.

There will be no calls to boycott DUT (and there shouldn't be; the University administration has made clear that the demands are "totally unacceptable"). There will be no resolutions in solidarity with the Jewish students targeted for expulsion. There will be no recognition of this as part of a pattern. There most certainly will be someone who complains that the Council is being unfairly maligned; it only wished to criticize Israel.

The train has no brakes. People climb aboard at their (which is to say, our) peril.

UPDATE: If you think you want to see the DUT student council's "apology," trust me, you don't (though I do wonder whether Fatima Hajaig ghost-wrote it). As in most of these "apologi[es] without reservation", there are quite a few reservations, and the amount of time reflecting on how they came to call for the expulsion of Jews qua Jews is nil (the time they spend reiterating their support for the global BDS movement is quite a bit more than nil). "Our campuses will not be breeding grounds for Apartheid" -- some might say "too late."

South African Jews Meet With South African Leadership

I've done a lot of depressing blogging recently about the state of South African Jewry (no I mean a lot), so it's good to provide some positive news for once. Top members of the South African government, including President Jacob Zuma, met with Jewish community leaders to discuss rising anti-Semitism and to work on ways to promote a two-state solution to the Israeli-Palestinian conflict. The community leaders seem to think the meeting was very successful, so I'm happy too.

The Boycott of South African Jewry Begins

Last month, I noted statements by a prominent South African official calling for a boycott of the South African Jewish community (through its umbrella organization, the South African Board of Jewish Deputies). Today, we see that boycott begin in earnest, as an African National Congress official pulled out of a SABJD conference "Celebrating 20 years of South Africa’s Freedom." The move was praised by various BDS leaders in the South African community (a movement which of course absolutely positively does not target Jews qua Jews) and comes on the heels of a joint statement by the ANC, Congress of South African Trade Unions (COSATU), the South African Communist Party, and the South African National Civics Organization which described Israel as "a state founded on the basis of apartheid, which ... is a crime against humanity."

I suppose we can be thankful that they have not (yet) followed up on the other half of their official's "boycott" call, which suggested that members of the South African Jewish community be massacred in "eye for an eye" justice for Gaza civilians. But I suppose we'll have to see what develops.

Conveying a Final Message to the Jews of South Africa

The other day, I noted an ultimatum delivered by the head of the ANC's Western Cape branch to the South African Jewish community. It gave them "until the 07 August 2014 to stop their Zionist propaganda in Cape Town, failing which we will boycott and call strikes at all of their member – and supporting companies and organisations."

On the one hand, the official (Tony Ehrenreich), gave the Jews an extra week to respond. On the other hand, he also raised the stakes well beyond a "mere" boycott:

Ehrenreich wrote that South Africa’s Jewish Board of Deputies, the national Jewish communal organization, should suffer for its support of Israel.

“This makes the Jewish Board of Deputies complicit in the murder of the people in Gaza,” he wrote. “The time has come to say very clearly that if a woman or child is killed in Gaza, then the Jewish board of deputies, who are complicit, will feel the wrath of the People of SA with the age old biblical teaching of an eye for an eye.”

And now we have a call for a pogrom. Lovely.

In case you're curious, yes the SAJBD is accusing him of hate speech and incitement. Ehrenreich, for his part, says he will sue the SAJBD "for supporting crimes against humanity in Gaza, and for being complicit through their actions or inactions, in the killing of women and children in Gaza" (emphasis added).

Finally, Ehrenreich also gets off the obligatory denial that he is in any way anti-Semitic for calling for mass violence against the South African Jewish community. While he contends he is attacking only the SAJBD for "condoning" the Gaza campaign, it is notable that his verbiage (which equates silence with active support of alleged war crimes) would apply to any Jew (really, any person, but of course Ehrenreich only focuses on Jews) who has not spoken out against the Gaza campaign in a manner Ehrenreich finds acceptable. See also Bongani Masuku's statement that "silently consenting or grumbling under tables" would not be sufficient for Jews to "imagine [South Africa] to be their home."

Conveying Another Message to the Jews of South Africa

The Western Cape branch of the Congress of South African Trade Unions (COSATU) is threatening a widescale boycott of the Jewish community -- and urges them to leave South Africa outright:

If the Jewish Board of Deputies wants to advance a Zionist agenda, they should leave South Africa and go advance their agenda elsewhere. To let these funders of a war against a defenceless people act with impunity in South Africa, is against South Africa’s commitment to the people of Palestine. The Jewish Board of Deputies must be advised in no uncertain terms that if they are not part of the solution then they are part of the problem.

The Jewish Board of Deputies are given until the 07 August 2014 to stop their Zionist propaganda in Cape Town, failing which we will boycott and call strikes at all of their member – and supporting companies and organisations. The Jewish Board of Deputies should know that just because Premier Zille supports them, it does not mean that they can act with impunity against the will of the majority of South Africans.

This is reminiscent of another COSATU official, Bongani Masuku, who stated he wished

to convey a message to the Jews in SA that our 1.9-million workers who are affiliated to COSATU are fully behind the people of Palestine… Any business owned by Israel supporters will be a target of workers in South Africa.

He later rumbled that "none of those who tolerate Israeli apartheid and racism should ever imagine it [South Africa] to be their home." In terms of what it meant to cease support for Zionism, Mr. Masuku was clear that it would not be enough to be "silently consenting or grumbling under tables." For this, Masuku was found to have engaged in hate speech.

Incidentally, Western Cape is also the province where an ANC official posted on Facebook that Hitler "was right". The ANC and COSATU are two of the three members of the "Tripartite Alliance" that has been the dominant political player in South Africa since emerging from apartheid in 1994.

Fireable Offenses

In case you were wondering whether the ANC official who said Hitler was right would be terminated or even disciplined by the party, the answer is no. No, he will not.

Indeed, in an interview with theSouth African Jewish Report, ANC Secretary General Gwede Mantashe refused to even distance himself or his organization from the apparently now controversial subject of whether global Jewry should be slaughtered en masse.

But remember -- the real injustice is when Jews have sufficient political influence that policymakers feel they must be attention to their concerns.

I Smell Another Hate Speech Case

Remember that time that a top COSATU (Congress of South African Trade Unions) official announced he wished to "convey a message to the Jews" of South Africa -- specifically, that he and his union would make their lives "hell" if they supported Israel? It led to a hate speech conviction by the South African Human Rights Commission -- a ruling COSATU was not exactly chagrined by. But less we feel too bad, it did not stop the BDS advocates in the British University and College Union from inviting him to give a talk.

Oh, those were the days. It was almost like that time a major South African government official said "Jewish money" controlled America.

But I digress. Today, an official with African National Congress (South Africa's ruling party) decided to join the "Hitler was right" brigade on Facebook:

The post by Rene Smit, who works at ANC Western Cape, displayed an image of Hitler with the title "Yes man, you were right..." followed by the line: "I could have killed all the Jews, but I left some of them to let you know why I was killing them." At the bottom of the image was the message, "Share this picture to tell the truth a whole world."

Something tells me that this could head right back to the SAHRC. And something tells me that, if and when he is found to have engaged in hate speech, the same "Palestinian solidarity activists" will come out of the woodwork to defend him.

A Stirring Tribute

There is something profoundly depressing about this:

The ANC [African National Congress -- South Africa's main political party and anti-apartheid organization] Youth League wishes to send its heartfelt condolences on the passing away of the Great leader Comrade Kim Jong Il. As we remember this revolutionary we call upon the Korean people to forge ahead with the struggle to reunify their country, to free it completely of a legacy of Colonialism left to its people by imperialists represented by the United States of America.

May the undying spirit of Comrade Kim Jong Il continue to inspire the Korean people to defend the Songhun, the idea that it is possible for the people of Korea, Asia and the world to live well alongside each other in an egalitarian society, free from poverty, joblessness, hatred of each other and the oppression of one country by another.

…

In commemorating this Great Leader we sent warnings to traitors of the people, led by Lee Myung Bak, who deliberately sunk his Cheonoan war ship and blamed it on the government of the Democratic People’s republic of Korea, to desist from an unsustainable offensive against the North of Korea and the Korean peninsula in general. His continued assault on the image of the DPRK in collaboration with the United States will not continue unabated. In this regard we support the just cause of the Korean people to defend themselves, using whatever means at their disposal, to continue struggling for a just and equal world order and to defeat Capitalism in all its facets.

…

In technology to save our climate you also excelled, as we saw the successful introduction of an air steriliser, to curb emission and related hazards from the climate, and this shows the effectiveness of the Korean nuclear technology, and this equally shames the Western and Imperialist Propaganda, that the DPRK nuclear programme is aimed at creating war in the world. “Korea is right, do not retreat”.

…

We say to all the Korean people fighting for peace and justice, Victory is Certain. Amandla, Awethu!!

All Power to the People

It's not as if members of the tripartite alliance haven't flirted with radical reactionary extremism before, but still, demoralizing.

The UNHRC Gay Rights Resolution

The UNHRC passed today a South Africa-sponsored resolution supporting equal rights for all without respect to sexual orientation. The vote tally was 23-19, with three abstentions. I'm having trouble finding a precise listing of which countries voted in what way, but the line seems to be that most of the support came from Europe and the Americas (including the USA), while most of the opposition was concentrated in African and Islamic countries.

UN Watch quotes some excerpts from speeches by various UNHRC members -- South Africa apparently received criticism from other African states for its sponsorship of the resolution, which Nigeria asserted "90% of South Africans do not support". Mauritania wondered if this issue was really on par with such important issues as the rights of women, while Saudi Arabia -- currently facing widespread protests by women seeking the right to drive cars -- complained that it "is not acceptable and reasonable to impose views on other countries and that this is not only contrary to Sharia but also to all other monotheistic religions" (of course, many denominations of many monotheistic religions have no problem with gay equality).

As pleased as I am that the normally-repellent UNHRC managed to squeak past a worthwhile resolution, I have to ask why folks even care. In New York, there is a razor-thin vote coming up in the state Senate on whether to legalize gay marriage. That's an important vote, because the consequence will be the enactment of real rights for the gay and lesbian community.

Resolutions at the UNHRC don't do that. They don't have force of law, and they have no impact on anyone's rights or responsibilities. What they provide, at least nominally, is moral force. And moral force is only as powerful as the moral credibility of the body making the statement. This, the UNHRC lacks. And I see no reason to ascribe it any.

Why should the LGBT community hinge the moral credibility of their case on the beliefs of the UNHRC? Why should they care about the perspective of a body in which a significant minority believes their equality constitutes "contempt to human rights" (Nigeria) or that they "jeopardize the entire human rights framework" (Pakistan)? Where tangible rights are on the line, one has to deal with repugnant minorities who have such views (presumably, some of the nay votes in New York have a similar perspective to that forwarded by Nigeria and Pakistan). But if all we're talking about is moral force, what has the UNHRC done to deserve the right to speak on the question?

Don't get me wrong: I'm happy this resolution passed. It's a good thing when any body (however narrowly) can commit itself on the record to supporting the equal rights and human dignity of all persons. But in terms of marking some sort of milestone or important accomplishment -- I don't see it. I don't believe in ascribing to the UNHRC that sort of normative legitimacy -- a legitimacy it has yet to, and I doubt will ever, earn.

The Glass Ear

David Hirsch is here responding to the University of Johannesburg's Peter Alexander's defense of his institution boycotting an Israeli peer university, but the message he sends has a far broader resonance than that:

I raised the issue of antisemitism in my argument against the boycott. I think Israel is singled out, for no politically or morally relevant reason, for punishment. I think that the history of antisemitism in Europe and now in the Middle East is such that singling out Jews arbitrarily for punishment is a dangerous thing to do. To go easy on our criticism of the antisemitism of some of Israel’s deadly enemies is also dangerous. There is an increasing body of evidence that the boycott movement brings with it a disproportional hostility to those who oppose it, many of whom are Jews. Jews are challenged to criticize Zionism in the terms set out by their accusers on pain of being denounced as racist and as pro-apartheid. The issue of antisemitism has been raised by the OSCE, by the US state department, by the South African Human Rights Council and by a UK Parliamentary committee.

Peter Alexander simply says that the issue is raised in bad faith, in a dishonest last-ditch attempt to win a losing argument. He refuses to take the issue seriously. He refuses to respond. A fellow sociologist raises the issue with Peter and he looks stonily on and says: you are only pretending to be concerned, and really you do it for selfish and secret reasons. Instead of examining the antizionist social movements in which antisemitism is alleged to appear, he looks within himself, and finds himself not guilty. But as a sociologist he should understand that racism is an external and objective phenomenon, not a subjective feeling inside his own soul.

Peter makes much of ‘the call’ by ‘the oppressed’. But when Jews raise the issue of antisemitism he listens with a glass ear.

No more comment needed.

Another Goldstone Clue

Not to keep bragging, but I think this NYT article is yet another confirmation of everything I've been saying about Judge Goldstone and his motives from the get-go.

The Worst Fear at All

I find it entirely unsurprising that the announcement of renewed peace talks between Israel and Palestine has thrown COSATU foreign relations secretary and pro-Palestinian activist noted hate speaker Bongani Masuku into a fit of apoplexy:

“ This march also takes place at a time when the imperialists have imposed upon the Palestinian people, negotiations under the barrel of a gun, which have been designed to serve the interests of forcing the Palestinians to succumb to the bully tactics of the US and Israel.

“ The terms of negotiation, the terrain of struggle has been made to favour the occupying force through several brutal incursions and continued destabilisation of Palestine by the Israeli forces.

Hence, COSATU is looking to undermine these negotiations at all costs, by joining with Iranian-backed groups and pushing for a renewed wave of anti-Israel activism designed to torpedo, once again, the chance for peaceful co-existence. Because if you're not struggling, you're surrendering. And if Palestinians aren't chafing under occupation, if Jews aren't cowering under Masuku and his brethren's barrage of hate and incitement -- well, what would he do with his life?

Back in the Swing Roundup

Go to school, read a book, be a lawyer/
Hell yeah, man, I'm all for the cause.

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New study reveals parents believe all teens but their own to be hyper-sexual (their own teens are entirely asexual).

Fox News is annoyed that President Obama didn't gratuitously insult American Jews (the Jewish community appreciated the gesture). I know exactly how committed the conservative Christian movement is to fully including Jews in the fabric of America.

Statements of Avrom Krengel (chair of the South African Zionist Federation) and Richard Goldstone after their recent meeting.

Lebanon delays asking Hezbollah to disarm.

The Judeosphere predicts a fall into obscurity for Walt & Mearsheimer (the latter's work on neo-realism will not soon be forgotten, but hopefully his ill-considered forays into the study of domestic lobbying and Mideast politics will be).

More evidence of the Catholic Church shuffling around predator priests.

Phoebe Maltz on literature and anti-Semitism.

What Goldstone's Past Actually Teaches Us

An article in an Israeli newspaper digs into Richard Goldstone's past as a judge during South Africa's apartheid era. The story focuses on Judge Goldstone's role in sentencing several Black defendants to death, as well as other actions which seemed rather sketchy given the way they reified South Africa's racist structure:

Goldstone claimed that he never discriminated against black defendants and acted to the best of his abilities to act fairly, though he was sometimes morally opposed to the laws he was upholding. He noted that he was equally committed to maintain equality and to uphold the law, two principles that often clashed.

I think this is very important. Matt Yglesias dismisses the entire article because "an awful lot of people were in morally compromising situations" during the apartheid era.* And this is undoubtedly true. The ANC seems to think of Judge Goldstone as a good jurist and a friend, and that's enough for me to accept his anti-racist credentials.

But the importance of this article isn't really about somehow showing Goldstone to be a dreaded racist. Nor am I convinced that Goldstone's participation in the Gaza inquiry was meant to sanitize this unsavory past. Jon Chait gets it closest when he writes that "Goldstone seems to be disinclined to make a brave, lonely stand against the prevailing currents."

But what I was most reminded of was my own intuition on Goldstone's self-image of the role of law:

Judge Goldstone, I've often thought, is like a very judicious, public-spirited, personally fair-minded person who volunteers to be the judge at the Scottsboro trial. The instinct is equal parts admirable, naive, and egomaniacal. Admirable, because of the belief (which I think Judge Goldstone had) that what the situation really needed was for someone who wasn't infected by the endemic prejudice to step in and be a fair arbiter. Naive, because it drastically underestimates the degree to which the prejudice infects the entire system, and thus is perfectly complimentary with formal legal categories -- Jim Crow ate up and spat out formal constitutional doctrine with a near-careless ease (it took rather dramatic changes in how we viewed American law for institutional racism to be rooted out). Egomaniacal, because of the belief that one messianic person could effectively counter an entire system simply by playing by its own rules. Formalism, no matter how judiciously applied, only works when the surrounding system is just. When that quality isn't present, following the rules will do virtually nothing, because they mean virtually nothing.

The above block-quoted section fits this to a T. Goldstone, I think, rationalized his service as an apartheid-era judge because, in contrast to his explicitly racist fellows, he knew he was fair and judicious, and would follow the rules and dot every "i" and cross every "t". The overwhelming faith in formalism remains the blindspot. When the system is unjust, following the rules does surprisingly little. Judge Goldstone may be (or may not be) a meticulous technician within the system, but he has no view of the big picture. He can't fathom that simply playing by the rules isn't enough.

* The rest of Matt's piece is a rather half-hearted effort to swat aside the possibility that Israel is the victim of unfair treatment because -- well, he doesn't explain why, except to say that the folks who support Goldstone don't all hate Black people. Well, that's great, but it is entirely possible to hold egalitarian views towards one marginalized group and be prejudiced against another. I would never impeach Desmond Tutu's anti-apartheid credentials, but I sure as hell will impeach whatever credibility he has speaking about Jews and Jewish experience.

The question is whether the system we're working in -- international law as mediated through UN institutions -- is one that treats Jews and Jewish claims fairly, and it's not like this argument hasn't been made with considerable sophistication and evidence. Matt wants to force us into this binary where either we have to oppose the entire facial ideology of international law, or accept that the system as currently administered is meted out fairly. This doesn't so much answer the critique as sidestep it entirely, secure in the confidence that the ultimate response to claims of discriminatory activity is to mock the complainant.

Rent-a-Roundup

Anybody interested in subletting an amazing townhouse in Hyde Park?

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DougJ looks at the polling regarding Arizona's anti-immigrant law, declares that "if it were up to white voters, we would be living under a Franco-style military dictatorship."

Incidentally, that same poll reveals that Blacks are even less likely to support the Arizona law than Latinos (whose own support can safely be characterized as minuscule).

Republicans discover one right for terrorists they can support.

South African human rights activist Rhoda Kadalie discusses her recent fact-finding trip to Israel.

Tzipi Livni calls for a Kadima/Likud alliance that can actually make peace, not to mention stem the poisonous tide of ultra-orthodox influence over Israel.

An element away from disaster.