Zionist righteous indignation would be a lot more convincing if it wasn’t covered with so much crap. In response to an upcoming lecture planned in London where Dr. Azzam Tamimi and I are to speak at University College of London, UCL, the Jewish Chronicle came out with an article titled: “Jewish UCL students ‘horrified by anti-israeli event.” They never seem to be horrified by the reality Israel imposes on Palestinians. They are not horrified by the racist laws, the slow death by lack of water and medical care imposed on people in Gaza, they are not horrified by the bombing and killing of innocents, nor are they horrified by thousands of political prisoners tortured by Israeli secret police. What horrifies them is, apparently Dr. Tamimi and I pointing these things out. Well, they ought to brace themselves because the truth can be horrifying.
I recently returned from Palestine where as always I left my Palestinians friends behind and personally I cannot help but feel a combination of anger, sadness a sense of disgust by a world that seems to care very little for Palestinian lives. Palestinian mothers and fathers may at any moment be arrested or shot, may at any day and any moment see their children arrested or shot, may at any moment have their home demolished; Palestinian kids are being pulled over, beaten and harassed by police and soldiers who are motivated by racism and hate and armed to the teeth with the finest weapons. Being in Palestine one is never more than an hour or two drive from the concentration camp which is the Gaza Strip where two million people are caged in and dying a slow death. This is horrifying to people of conscience but apparently not to the writers and editors of the the Jewish Chronicle.
What is even more horrifying is the often cold, measured and academic attitude people take toward Palestine. It is like seeing people trapped under the rubble of a demolished building, unable to get out while the rest of us debate their fate. We are free to walk away while they must take very shallow breaths, trying not to inhale the dust and the fumes and the smell of death all around; they have to negotiate with the large pieces of concrete and stone that threaten to squeeze them and their children, and with pieces of metal that threaten to impale them if they make a wrong move and we are free to leave them there without access to food or water, and what makes it worse is that we engage in academic debates and walk freely in the country that was once theirs.
The dignity with which Palestinians cary themselves and their burden should not give way to thinking it is a bearable burden. Palestinian resolve to exist and to live and to raise children who have faith in the future should be seen in the context of a horrible impending holocaust. Palestinians face a powerful enemy, the State of Israel, which is determined to destroy them to the point of extinction. It is not merely oppression, it is attempted genocide. Israel does this by using bombs, denying Palestinians water and medical care, destroying crops and demolishing homes; Israeli authorities use deportation and denial of the right to return home, denying Palestinians to marry other Palestinians because of where in Palestine they reside, limiting or denying the the right to travel, and the list goes on and on. It is a well planned and well thought out campaign of genocide that must not be taken lightly.
Palestine stands, and Palestinians survive but only by the grace of their resolve to exist, and not through any help. We on the outside must follow the Palestinian call to impose boycott, divestment and sanctions against the state of Israel. It is a campaign which merely demands the end of the military occupation of 1967, equal rights and the right of the Palestinians to return to their homes and lands. But we must go further – Israel must unconditionally end the siege on Gaza, release all Palestinian prisoners and give Palestinians unlimited access to water and medical care.
Israel and its supporters will pretend to be horrified and blame the entire world for being anti-Semitic. But we who are not under the rubble are duty bound to do all that is humanly possible to expose Israeli crimes and to pull Palestinians out of this impending death. We must speak up and expose the reality in which Palestinians live and whic Israel and its cronies try to hide. We must insist on the truth, interrupt any debate the legitimizes Israel, boycott, isolate and fight relentlessly until Palestine is free and its children are free.
Repressing free speech is undemocratic, that was established in the First Amendment a long time ago, and the right to boycott is enshrined within that amendment, including the right to boycott Israeli products. It was also established long ago that all men and women, including Palestinians, are created equal and are deserving of the same rights to life liberty and the pursuit of happiness.
For many decades now, Jews around the world, including staunch Zionist Jews like the late Dr. Nahum Goldman and Professor Yishayahu Leibovitch had opposed the Israeli occupation of the West Bank and building Jewish settlements there – as have Israeli generals, former Mossad chiefs and countless lesser known Jewish people. But over the last fifty years consecutive Israeli governments of all parties have built Jewish settlements in the West Bank and no amount of talking and negotiating has made the slightest difference.
Israel claims that it has a small Arab minority sometimes called “The Arabs of Israel” and that they enjoy full citizenship rights. However, these are Palestinian Arabs and although they hold Israeli citizenship they do not enjoy the same rights as Israeli Jewish citizens. They live in separate cities and separate communities, go to different schools are given far less opportunities and poverty levels are considerably higher among them. From laws that limit who they may marry and where they may live to laws that limit their right to commemorate the “Naqba,” the catastrophe that befell Palestinians when Israel was established, Palestinian citizens of Israel face discrimination at every stage of their lives, and still Israeli law makers continue to pass laws that discriminate against them at an alarming speed.
The Right of Return of Palestinians who were displaced in 1948 has been enshrined in article 11 of UN resolution 194. Furthermore, according to a report by the UN Economic and Social Commission for Western Asia the Law of Return, “conferring on Jews worldwide the right to enter Israel and obtain Israeli citizenship regardless of their countries of origin and whether or not they can show links to Israel-Palestine, while withholding any comparable right from Palestinians, including those with documented ancestral homes in the country.” This was correctly referred to as a policy of “demographic engineering meant to uphold Israel’s status as the Jewish state.”
BDS have arguably become the three most controversial letters in the alphabet. Representing the call by Palestinian civil society to impose boycott, to divest and to impose sanctions on the State of Israel and companies that profit from the Israeli occupation. This call seeks to remedy the three conditions described above without harming or depriving anyone of their rights. BDS is controversial mostly because the call has been widely misrepresented. But the demands of the BDS movement neither express or intend any racism or violence towards anyone, they are as follows:
- Ending the occupation.
- Equal rights to all Palestinians.
- Return of the Palestinian refugees.
According to a letter submitted by the ACLU to members of the US Senate, “S. 720 Israel Anti-Boycott Act is a bill that seeks to criminalize the call for BDS.” It states that it “would punish businesses and individuals based solely on their political point of view” and “Such a penalty is in direct violation of the First Amendment.” The letter ends by urging senators to oppose the bill.
In speech made by Senator Chuck Schumer, one of the co-sponsors of this bill, regarding BDS at the American Jewish Committee’s Global Forum on June 5, 2017, the Senator from New York said, “There is no greater example than this insidious effort to harm the Jewish state than through the boycotts, divestment and sanctions.” However, in reading the demands of the BDS call, it is clear that its goals are to improve the conditions which Israel has imposed on Palestinians and to repair inequities which Israeli governments are unwilling to address. There is no question that all efforts to get Israel to repair the inequities without pressure, had been exhausted.
Schumer refers to BDS as “a modern form of anti-Semitism.” Indeed, a modern form which does not incite against Jews, does not call for the killing of or discrimination against Jews but instead demands that all people who reside in Palestine/Israel enjoy the same rights and privileges.
Miko Peled is an Israeli human rights activist living in Washington DC. He is the author of “The General’s Son, Journey of an Israeli in Palestine” and the forthcoming book, “Injustice, The Story of the Holy Land Foundation Five” expected to be available in the fall on 2017. To request a lecture please go to mikopeled.com
The case of David Boim (“The Boim Case”) is a glaring example of the ongoing attempts to use the courts to suppress the Palestinian voice in America. A case that began in May 2000 and by 2008 seemed to have been put to rest, it has recently been resuscitated in a frivolous lawsuit targeting American Muslims for Palestine, AMP, and some of its officers.
In May of 2000 Stanley and Joyce Boim filed a civil law suit against Holy Land Foundation for Relief and Development or HLF, and several other Muslim organizations demanding damages. Their son, David Boim (17), was a student in a fundamentalist-religious Jewish-Zionist high school, or Yeshiva, in the Settlement of Beit-El, in the heart of the Palestinian West Bank. On May 13, 1996 while he was sitting at a bus stop outside the settlement, two Palestinians, Khalil Al-Sharif and Amjad Hinawi drove by and shot him to death. In a strange confluence of events, while researching this information, I learned that Al-Sharif participated and died in a suicide attack in Jerusalem on September 4, 1997, the attack in which my niece Smadar Elhanan, 13, was killed. Now, in the current lawsuit it is being claimed that American Muslims for Palestine, AMP and its officers are “alter-egos” of HLF and therefore should pay the Boim family the $156 million judgment which was awarded them “against individuals and organizations who financed the murder of their son.”
To place this case in context, it should be stated at the outset that to do justice to the Palestinian cause, a major paradigm shift needs to take place. We must come to terms with the fact that Palestinian resistance to Israel is legitimate and should not be mischaracterized as terrorism. Attempts to discredit the Palestinian struggle in all its forms and conflate it with terrorism have been successful to a point that even charity to Palestinians is being labeled “material support for terrorism.” This mischaracterization that is at the very heart of the attitudes towards Palestine and the Palestinian plight, and it is at the very heart of this case.
Perhaps the most frivolous of all the anti-Palestinian policies and actions taken by the governments of Israel, the US, the UK and other European countries are those targeting charity organizations. New laws and practices that criminalize charity to Palestinians and conflate it with material support for terrorism are sweeping all over the world like a plague. Even though no evidence exists to support the claims of “material support to terrorist organizations,” this has not stopped banks from closing legitimate accounts, governments imposing severe sanctions, and even the imprisonment of people involved in charity to Palestinians. Clearly closing charities targets the weak and deprives the ones most in need of relief. The poor, orphans, former prisoners – many of whom cannot work due to permanent injuries sustained during interrogations, and the families of prisoners are left dry and without financial support.
In my soon to be published book “Injustice, The Story of the Holy Land Foundation Five,” (available for pre-order here) I describe how the Holy Land Foundation, once the largest Muslim charity organization in the US was wrongly shut down and five innocent American Muslims of Palestinian heritage known as the HLF-5 ended up serving long sentences in federal prison. The HLF-5 were accused of providing material support to a designated terrorist organization and even though the case was built on hearsay and no evidence was produced linking them to any terrorist organization they were convicted. The government won using fear, prejudice and politics not evidence.
Allegations of material support for Hamas are a theme that connects many of the accusations against Muslim organizations that deal with Palestine. In the case of the Holy Land Foundation, the accusation was providing material support and even though no such support was provided, the allegations stuck and five innocent men were convicted. The resurgence of the David Boim case (“the Boim Case”) is one example of the intensifying witch hunt against Palestinian and particularly Muslim organizations. The case seemed to have been put to rest after HLF was closed down and the HLF-5 were convicted and imprisoned in 2008, but it has recently been resuscitated in the following frivolous lawsuit:
Plaintiffs Stanley Boim, individually and as administrator of the estate of David Boim, deceased, and Joyce Boim (together, “Plaintiffs”), for their claim against defendants American Muslims for Palestine (“AMP”), Americans for Justice in Palestine Educational Foundation (“AJP”), Rafeeq Jaber, Abdelbasset Hamayel, and Osama Abu Irshaid (collectively, “Defendants”), allege and state as follows:
- In 1996, Stanley and Joyce Boim’s son David was murdered by two agents of the international terrorist organization Hamas. The Boims initiated a lawsuit in this Court four years later, in 2000 (the “Boim Action”). In 2004, plaintiffs were awarded a $156 million judgment against individuals and organizations who financed the murder of their son (the “Boim Judgment”), and that judgment was affirmed in 2008.
The “Boim Defendants” were organizations that worked in tandem to support Hamas in the United States: the Holy Land Foundation for Relief and Development (“HLF”), the American Muslim Society (“AMS”), and AMS’s alter egos operating under the name Islamic Association for Palestine (“IAP”). When time came to pay the Boim Judgment, AMS and IAP claimed to be out of business with few assets as a result of the burden of the Boim Judgment and associated litigation costs. HLF had ceased operations, and its assets had been seized by the United States. HLF and several of its leaders were subsequently convicted of terrorist activity. Seemingly, the Boim Action brought an end to these organizations. But that was not the case.
- In fact, these Boim Defendants are in business today in this District through their alter egos and successors, Defendants AMP and AJP. AMP and AJP were established by the former leaders of HLF, AMS and IAP—including Defendants Rafeeq Jaber, Abdelbasset Hamayel and Osama Abu Irshaid (together, the “Individual Defendants”)—in order to continue the same enterprise and agenda, while avoiding the burden of the Boim Judgment and the ignominy of having been found liable for aiding and abetting the murder of an American teenager. AMP and AJP continue to be run by former leaders of HLF, AMS and IAP, including the Individual Defendants; until August 2016 they were headquartered on the same street, and they are now located nearby; and they continue the same enterprise, mission and activities. On information and belief, they have also received assets and funds from HLF, AMS, and IAP.
- AMP and AJP are alter egos and successors of HLF, AMS and IAP, and are therefore liable for the unpaid portion of the Boim Judgment. Likewise, the Individual Defendants are alter egos of HLF, AMS and IAP. They participated in the direction and control of those entities in 1996, and they continue to direct and control the successor entities, AMP and AJP, today. Having been unable to collect more than a small fraction of the Boim Judgment from the named Boim Defendants, Plaintiffs should be permitted to recover from the Boim Defendants’ alter egos and successors, i.e. the Defendants herein.
- The purpose of this action is to request that the Court (i) enter a declaratory judgment determining that AMP and AJP are the alter egos and/or successors of one or more of the Boim Defendants (including AMS, IAP and HLF); (ii) enter a declaratory judgment determining that the Individual Defendants are alter egos of one or more of the Boim Defendants (including AMS, IAP and HLF), and that they engaged in the conduct that gave rise to liability in the Boim Judgment; (iii) enter a declaratory judgment determining that each of Defendants is liable for the unsatisfied portion of the Boim Judgment; (iv) enter money judgments against each of the Defendants, jointly and severally, for this unpaid liability; and (v) issue a preliminary and permanent injunction preventing AMP, AJP and the Individual Defendants from dissipating funds in their possession or in the possession of unknown third parties that rightfully belong to the Boims.
The general allegation is that Stanley and Joyce Boim’s seventeen-year old son David was murdered by Hamas terrorists at a bus stop in Israel in 1996. However three things should be pointed out:
- David Boim was in the settlement of Beit –El in the heart of the West Bank, an area that the US does not recognize as being part of Israel but rather part of the Occupied Palestinian Territories.
- At no point was any connection made, in a US court of law, between the shooters that killed David Boim and Hamas.
- No connection was ever proven between the actions of HLF and the death of David Boim.
How the Boim family lawyers were able connect HLF to the killing of their son is to most people a mystery. In order to unfold this mystery we must follow a trail of laws that were passed to make law suits such as this one possible. In 1992 Congress passed US Code 2333, a law says that any national of the United States injured by an act of international terrorism may sue and shall recover threefold the damages he or she sustains and the cost of the suit, including attorney’s fees. It further allows US citizens to sue any person or organization that is suspected of funding a terrorist group.
Then, in 1996, congress passed US Code 2339B. This law says that, “Whoever knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both, and, if the death of any person results, shall be imprisoned for any term of years or for life.” It also adds, “To violate this paragraph, a person must have knowledge that the organization is a designated terrorist organization.”
And so, even though no proof was ever found – much less provided – that HLF was funding Hamas, or that Hamas was involved in the killing of David Boim, these laws allowed the parents of David Boim to sue HLF based on hearsay. The case ended up on appeal and attorney John Boyd argued the case for HLF. Boyd pointed out to the court that there is no evidence in the record that the death of David Boim had anything to do with anything the HLF had ever done.
One of the judges who heard the appeal was the esteemed judge Richard Posner, of the United States Court of Appeals for the Seventh Circuit in Chicago. During the hearing, Boyd told me Judge Posner said the following: “I think it’s pretty well-known that if you give money to the charitable arm of a terrorist organization that it frees up money to buy guns and bombs.” Boyd responded by asking Judge Posner if he would take judicial notice that for the purpose of this case, if HLF gives money to charity that there is causation for the death of Daniel Boim?”
(For those of us who are not lawyers, a judge can take “judicial notice” of something that everyone knows to be true and that doesn’t require proof.)
“Judge Posner said nothing,” Boyd told me, “he just spun in his chair and turned his back to the court.”
I pressed John Boyd on whether it was ever made clear that Hamas was responsible for David Boim’s death because I could not see anywhere that it was determined to be the case. John Boyd replied clearly: “No! this was never determined.” The Boims obtained judgments by default, ie., without a trial on that issue, that issue was never addressed.
It has never been proven that Hamas, HLF or AMP had anything to do with the killing of David Boim, and it has never been proven that HLF or AMP or the other organizations and individuals mentioned in this lawsuit had provided material support to Hamas – It was all hearsay.
Now we must get to the central question: This lawsuit claims that AMP is somehow the “alter ego” of HLF which allegedly provided material support to Hamas. But did HLF actually provide material support to Hamas? This was never proven, ever. The US government claimed that the local charity organizations in Palestine, known as Zakat committees, with which HLF was working, were somehow part of Hamas. But this too was never proven. The international community believed they were not, the US Consul General to Jerusalem Ed Abington who testified at the trial believed they were not, and no US agency had ever listed them or any of their board members on any known terrorist list. Even USAID, a US government agency had worked with the Zakat committees but none of that was enough to save the HLF-5.
Another problematic issue that was raised in the HLF trial has to do with the way in which terrorists and terrorist organizations are designated by the US government. During the HLF trial, the prosecution called on John Robert McBrien to testify. Mr. McBrien was an associate director of OFAC, which is the Office of Foreign Assets Control at the Department of the Treasury. John Cline, one of the attorneys for HLF, questioned him and determined that “The Secretary of the Treasury delegated the authority to designate persons (as terrorists, MP) under that provision to OFAC,” which again, is the Office of Foreign Assets Control. Cline then determined and McBrien confirmed that “what is required for a designation is a reasonable belief. It is not, for example, proof beyond reasonable doubt. It is not proof by a preponderance of evidence, like you have in court.” Mr. McBrien replied: “That is correct.”
“When OFAC is making a designation under this provision,” Cline concluded, “we don’t have to abide by any particular rules of evidence.” McBrien once again replied in the affirmative.
So there is no real burden of proof needed and it is not clear how a designation actually takes place. Another serious question that came up in the HLF trial was the following: If indeed they are part of a terrorist financing network, why had Zakat committees never been designated as terrorist organizations? The government argued that there was no need to designate them separately because they were components of Hamas. John Cline demonstrated that this argument does not hold water. He showed clearly that in fact “OFAC designated a whole slew of component entities.” But never the Zakat committees or their board members.
All this shows that the entire case is built on prejudice and false information. It has not been proven that Hamas had anything to do with the killing of David Boim, it has not been proven that HLF or AMP or the other organizations and individuals mentioned in this lawsuit had provided material support to Hamas. Clearly, neither HLF, AMP or the individuals named in this lawsuit are in any way liable or responsible for the death of David Boim. The very method by which organizations are designated as “terrorists” is flawed and, one can argue, targets Muslim organizations that deal with Palestine.
Palestinians are fighting for their freedom, their independence and for their very lives. We would all do well to support them politically and when appropriate contribute to the organizations that further their cause. We must insist that Palestinian liberation organizations, resistance and charity organizations, educational and other learning institutions not be treated as terrorists or supporters of terrorism and we must join Palestinians in their struggle for justice. We would all do well to call for the release of the HLF-5 and demand that they be exonerated and that the Boim lawsuit be thrown out of court.
Miko Peled is a human rights activist. He is the author of “The General’s Son, Journey of an Israeli in Palestine” and the forthcoming book, “Injustice, The Story of the Holy Land Foundation Five” expected to be available in the fall on 2017. To book Miko Peled for a lecture, please click here.