Establishing the facts about the boycott of Israeli academic institutions

The last weeks of 2012 saw a great amount of criticism levelled at the Centre for Peace and Conflict Studies at Sydney University and its director Jake Lynch following their boycott of an exchange program with Hebrew University. Critical coverage in The Australian newspaper has been particularly intense…

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Boycotting the Hebrew University of Jerusalem is not Anti-Semitic; it’s a recognition of violations of international law. Flickr/delayed gratification

The last weeks of 2012 saw a great amount of criticism levelled at the Centre for Peace and Conflict Studies at Sydney University and its director Jake Lynch following their boycott of an exchange program with Hebrew University.

Critical coverage in The Australian newspaper has been particularly intense. Christian Kerr broke the story, and wrote follow-ups here, here, here and here along with Milanda Rout, John Lyons, and editorials here and here

Lynch has said this decision was made as part of a larger academic boycott of institutional ties with Israeli universities, called The Palestinian Campaign for the Academic and Cultural Boycott of Israel (PACBI).

PACBI justifies this boycott by saying, “these institutions are complicit in the system of oppression that has denied Palestinians their basic rights guaranteed by international law”.

Legal truths

On the often emotive issue of Israel-Palestine, it is important to be clear on established facts. Critics of the academic boycott campaign seldom point out the legal fact of Israel’s illegal occupation of Palestinian territory.

The world’s highest authority on international law, the International Court of Justice, ruled in July 2004 that Israel is occupying Palestinian territory in violation of international law and international human rights treaties.

These violations include articles of the Fourth Geneva Convention; the Fourth Hague Convention 1907; UN Security Council Resolutions 446, 452 & 465; and articles of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the United Nations Convention on the Rights of the Child.

Israel is a member of the International Court of Justice and has fully ratified all of these international standards, with the sole exception of the Fourth Hague Convention. This means Israel has committed to fully respect these international laws and treaties.

The Israeli government denies these violations of international law. Journalists should not take this denial as reason to avoid reporting the legal issues of occupation under the misguided idea that the facts appear “muddy” and they fear producing “unbalanced” journalism.

Unfortunately, as with most legal proceedings, one can’t simply take the accused, in this case Israel’s, word for it as to whether they have broken the law or not. The issue must be taken to the relevant legal authorities, which in this case is the the world’s authority on international law, the International Court of Justice.

As in domestic legal proceedings, a party who has been found to have violated the law may continue to publicly maintain their “innocence” no matter what the legal facts are, as the state of Israel continues to do. This refusal to accept the court’s ruling should not be read as overturning the actual legal validity of the ruling. Israel remains legally obliged to fulfil its promises regarding international law and human rights treaties.

Supporting peace does not equal anti-Semitism

The strange accusation that the Centre for Peace and Conflict Studies and the academic boycott it supports are anti-Israel or anti-Semitic also needs to be corrected. Neither the centre nor the academic boycott call for the shunning of an individual or group based on their Israeli, Jewish (or any other) identity. The PACBI guidelines are very clear on this: “Mere institutional affiliation to the Israeli academy is … not a sufficient condition for applying the boycott”.

Indeed, the centre regularly hosts Israeli and Jewish academics and speakers. These include Dr Jeff Halper, Professor Ilan Pappe, Dr Uri Davis, Rabbi Michael Lerner, Professor Noam Chomsky, journalist Antony Loewenstein, the Sydney-based Palestinian – Jewish Dialogue Group, author Anna Baltzer and activist Angela Budai. The centre also recently hosted a seminar supported by Independent Australian Jewish Voices.

Ignoring these individuals' many initiatives promoting peace in the Middle East is a dangerous mistake. In conflicts such as Israel-Palestine, governments don’t always have all the answers. Given the lack of success of official diplomacy in the region we should be encouraging, not dismissing, these additional non-official peace efforts. The centre was set up with stated goals of promoting a culture of peace and reducing violence in all its forms.

The fact that pro-peace Israeli and Jewish voices often criticise Israel’s illegal occupation of Palestine is not surprising given that the International Court of Justice has ruled Israel’s occupation of Palestinian is illegal under international law and human rights treaties. When it comes to established violations of international law, human rights and the violence which often accompanies these, a peace centre can hardly be expected to be “neutral” or disinterested.

Confusing opposition to the Israeli government’s violation of international law with being “anti-Israel” or “anti-Semitic” is as misguided as labelling any critics of Australian government policies “anti-Australian”. In international conflicts such as Israel-Palestine governments can’t simply be relied on to provide all the answers: free speech and open criticism of government are key.

A fair play

Sydney University’s special exchange program with Hebrew University, which Hebrew University academic Prof Dan Avnon hoped to take advantage of, was a legitimate focus for the boycott according to PACBI guidelines.

I note that Hebrew University is yet to publish an official statement condemning the state of Israel’s illegal occupation of Palestinian territory. What’s more, according to the Israeli-Palestinian Alternative Information Centre, numerous special programs at Hebrew University actively support the Israeli military and its personnel, which the International Court of Justice makes clear are an active party in the illegal occupation of Palestinian territory.

The established fact of Israel’s illegal occupation of Palestinian territory is a key reason given for the academic boycott of complicit Israeli academic institutions.

For journalists to ignore this shows a distressing ignorance, or fearful avoidance, of issues which are of obvious importance to Australians and audiences worldwide.

So I call on journalists and commentators: if you are concerned with serious reporting of the academic boycott and the wider Israel-Palestine conflict, show it by tackling the issues and facts, rather than tackling the man.

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43 Comments sorted by

Comments on this article are now closed.

  1. Jack Arnold

    Director

    I support the action by the Centre for Peace & Conflict Studies at Sydney University to boycott the exchange programme with the Hebrew University.

    There is little doubt that the actions of the Israeli government in oppressing the Palestinian people are NOT supported by a large number of Israeli citizens. Indeed, the Israeli government actions in Palestinian areas remind me of the Krakow & Warsaw ghettoes of WWII under the Nazis, only now the jackboot is on the Jewish foot.

    It appears that…

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    1. Spiro Vlachos

      AL

      In reply to Jack Arnold

      Your actions are against a democratic nation that seeks to defend itself from murderous extremists. Why do you not boycott the Palestinians for supporting child killers such as Samir Kuntar? Is this what you support, the murder of defenseless 4 year old children?

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  2. William Bruce

    Artist

    I say bravo..place sanctions,... trade, banking & travel bans on ALL supporters of ALL "Racist Governments".....
    If you want peace & uniform Justice there is no "us & them".

    ... seems division freaks & their brainwashing rackets are STILL going strong AND to the highest bidder .....

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  3. Russell Walton

    Russell Walton is a Friend of The Conversation.

    Retired

    "..show it by tackling the issues and facts, rather than tackling the man."

    They won't, because-

    Zionists and their apologists can't present any ethical arguments in support of Israel's policies so naturally they resort to ad hominem attacks or chauvinistic special pleading.

    These boycotts are about 40 years overdue, better late than never--it's going to be a very long campaign South Africa had no friends, Israel has the US, so far.
    There are encouraging signs that under the Obama administration a more even handed policy might be implemented.

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    1. Russell Walton

      Russell Walton is a Friend of The Conversation.

      Retired

      In reply to John Phillip

      John Philip,

      "So are you underpinning your argument with the notion that Israel should not exist?" No.

      Israel, like Australia is a product of a colonial enterprise, Zionism was morally bankrupt from its inception, however what's done is done, I have no objection to Israel's continuing existence as a nation-state. I and others object to the continuing Zionist expansion and land theft by the "settler" carpetbaggers, this is a very long war and the Zionist project appears unfinished. We're considering the aftermath of invasion and conquest, not a conflict between nation states.

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    2. david henry

      Electrician

      In reply to John Phillip

      Russell, though I lament the somewhat unproductive tone, nor the article are arguing that Israel should not exist.

      No one here is making that argument.

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    3. Spiro Vlachos

      AL

      In reply to Russell Walton

      The critics don't deny Israel's right to exist, but they offer support to those that so deny Israel's right to exist. In criminal law its called aiding and abetting and in the case of murder, one of the tools used by the protagonists, the aiding and abetting can attract as high a penalty as the actual murder.

      Why not boycott Turkey for occupying northern Cyprus?

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    4. Patricia Philippou

      logged in via Facebook

      In reply to Spiro Vlachos

      I understand your point about the occupation of northern Cyprus...but honestly, have you been to both these places? The terrible atrocities being inflicted on indigenous Palestinians as we speak is beyond compare with what is happening now in to the Greek Cypriots. Also, our government and pap media do not cosy up to any powerful Turkish lobby group intent on influencing it.

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    5. Patricia Philippou

      logged in via Facebook

      In reply to Spiro Vlachos

      Oh, and it is not Israel's right to exist that is the issue; it is Palestine's right to exist that is the issue; it has been wiped off the map by the terror tactics of Israel.

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  4. David Murray

    logged in via Twitter

    So the Centre for Peace and Conflict's academic boycott is not anti-Semitic? Pull the other one.
    Academic boycotts of Israel are anti-Semitic due to their singling out of Israel and the false perception they create of Israel as the worst human rights abuser. Both of which are unjustified. Fact is there are worse human rights abusers in the region and the world that are not subject to boycotts such as these. Are there boycotts of Russia over their continued occupation of old German territory, is…

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    1. Philip Starkey

      Physics PhD Student

      In reply to David Murray

      One wonders if you actually read the entire article or just jumped to the bottom to post your rant?

      It appears clear to me that if the university is question condemned the occupation of Palestinian territory, and didn't actively support the Israeli military, the boycott would not be in place. That is what the author of this article has said, and that is why it is not an anti-semitic move.

      It is not targeting them because of their race/heritage, but because they are actively supporting something that the group in Sydney believe to be illegal under international law.

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    2. david henry

      Electrician

      In reply to David Murray

      I agree with you that there are worse human rights abusers in the area.

      However your argument only holds weight if the Centre for Peace and Conflict Studies has an exchange program with centres in those countries and that those centres support the military. If that is the case (I don't know if it is, but I doubt it) then I support that there may be an antisemitic component to the decision.

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  5. Ziada Tokhi

    logged in via Facebook

    The author of this open and honest article is to be commended. Just boycotting the exchange programs are only soft approaches in a conflict spanning over 7 decades and which now is almost successful in usurping all of the Palestinian land. Governments and right minded citizens must take action, must speak out against Israeli intransigence and indifference to the international laws.
    Israel seems to be quite oblivious to international opinion and blatantly shrugs off all international laws and gets…

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  6. Ron Purss

    logged in via Facebook

    Excellent article. I wholeheartedly agree.

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  7. Comment removed by moderator.

  8. Megan Clement

    Deputy Editor, Politics + Society at The Conversation

    Hi everyone,

    The issues Paul discusses are very emotive and discussions in this area can become quite heated, so I just want to remind everyone of our comments policy, and encourage you to keep the discussion cordial and refrain from any personal attacks.

    Let's also keep the discussion focused on the issue of the academic boycott, rather than any general feelings about the Israel-Palestine conflict.

    Best wishes,
    Megan

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    1. Megan Clement

      Deputy Editor, Politics + Society at The Conversation

      In reply to John Phillip

      Hi John,

      Your comment was deleted because you called the author "a disgrace". We do not allow personal attacks in comment threads.

      Best wishes,
      Megan

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    2. Megan Clement

      Deputy Editor, Politics + Society at The Conversation

      In reply to Russell Walton

      Hi Russell,

      Let me me clarify. The comments should address the academic boycott, and the international law elements of the Israel-Palestine conflict, ie the subjects raised in the article.

      Of course this involves some wider discussion of the conflict, but as David Henry has observed, this does not involve a discussion of Israel's right to exist.

      Hope this helps.

      Best wishes,
      Megan

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  9. Comment removed by moderator.

    1. Patricia Philippou

      logged in via Facebook

      In reply to John Phillip

      It is most certainly not anti Semitic to condemn a state that is occupying a true Semitic people, the native Palestinians. It would be anti Semitic not to condemn Israel. The religion of the perpetrators, Jews, and the race of the victims, Semitic Arabs, is irrelevant. The crimes of the occupying power are the reason for BDS.

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  10. Comment removed by moderator.

  11. Phil Dolan

    Viticulturist

    The conclusion gained from the article is that if Israel wasn't occupying any Palestinian land, there would be peace. Is that right?

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    1. Patricia Philippou

      Registered Nurse

      In reply to Phil Dolan

      The cause of this tragedy is Israel's occupation and all the additional crimes that come with that occupation, like the horror use of white phosphorus bombs on over a million trapped human beings. So, yes, of course there cannot be peace without Israel at least getting the heck out of occupied land. Israel's crimes are so horrific and have lasted so long that much more would need to be done by this state to make atonement for it's crimes. The BDS movement is a non violent way of achieving this and it is working- hence the furore over this issue. All decent people who know what Israel is doing support BDS in the same way that they did with the Issue of South African apartheid...and both Nelson Mandela and Bishop Tutu support the BDS of Israel.

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    2. Patricia Philippou

      Registered Nurse

      In reply to Phil Dolan

      Perhaps you are unaware of the terrorism of the colonial Europeans that came to take Palestine ( supposedly 58% but look at what is left of the indigenous people now) in 1948. The massacre a Deir Yassin is just one of the many acts of terrorism against the native people of Palestine...so yes, there was terrorism before 1967. The massacres in 1948 were just the start of the state terror to ethnically cleanse Palestine of the native non-Jewish people. And yes, there were Jews living there before 1948, with all the other religions. They were all Semitic and living together. It was the Slav and Anglo Jews from Europe that began the terror for the people of Palestine.

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    3. Phil Dolan

      Viticulturist

      In reply to Patricia Philippou

      To say that the Jews started the terorism is ridiculous. Israelis are not at all perfect but they are exactly half of the problem.
      For example, Arab terrorism was rampant during wave of anti-Jewish riots in 1920-21 (which was characterized by the brutal murder in Jaffa of the prominent Jewish author Y. Brenner), during the 'Disturbances' of 1929 (which included the massacre of the Jewish community in Hebron), during the Arab Revolt of 1936-39, and in many other recorded incidents of wholesale anti-Jewish Arab violence throughout the pre-state period.

      The Palestinian terrorism campaign was stepped-up on the eve of the UN Partition Resolution of November 1947, and led to the joint Arab invasion of 1948-49 which delineated the boundaries of the newly established State of Israel.

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    4. david henry

      Electrician

      In reply to Phil Dolan

      That is a very creative conclusion to draw from the article.

      I'd go with something like:
      "University departments focused on Peace are within their rights to withdraw programs in countries who are in continuous violation of the rulings of the International Court of Justice"

      Maybe you read a different article?

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    5. Patricia Philippou

      logged in via Facebook

      In reply to Phil Dolan

      Yes, the Europeans who came in 1948 began this tragedy. They happened to be Jewish, but were from Europe and not the Middle East. Were it not for the fact that these foreign colonialists came and displaced the indigenous people of Palestine there would not be this issue.I have no wish to keep quibbling with you, but bottom line is that Israel is occupying, stealing land and water, imprisoning without trial, using roadblocks and blockades, killing with impunity as we speak- all illegal under international law- NOT THE OTHER WAY AROUND. So, I think we must agree to disagree as I value international law and human rights for all humanity, not just some.

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    6. In reply to Phil Dolan

      Comment removed by moderator.

  12. John Phillip

    John Phillip is a Friend of The Conversation.

    Grumpy Old Man

    Ok, taking on board Megan's editorial advice, I'll try for the 3rd time.
    I think this article consists of nothing more than support for an anti-Semitic (in its correct use - i.e. anti-Jewish, anti-Israeli action. -Yes, there is a difference in the meaning of the word Semitic when the prefix is added.) The policy in question is nothing more than race-based discrimination.
    The article's closing statement is ironic: "if you are concerned with serious reporting of the academic boycott and the wider…

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    1. Patricia Philippou

      logged in via Facebook

      In reply to John Phillip

      If you do not know the difference between anti- Jewish and anti-Israeli then it is a waste of time to discuss anything. Surely you cannot be unaware of the huge numbers ( increasing as we speak) of Jewish people around our world who are against Israel's crimes? Israel is a state- a state that is committing crimes; Judaism is a religion.

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    2. Patricia Philippou

      logged in via Facebook

      In reply to John Phillip

      Hey, did you even read the article? " I note that Hebrew University is yet to publish an official statement condemning the state of Israel’s illegal occupation of Palestinian territory. What’s more, according to the Israeli-Palestinian Alternative Information Centre, numerous special programs at Hebrew University actively support the Israeli military and its personnel, which the International Court of Justice makes clear are an active party in the illegal occupation of Palestinian territory.". The religion of these academics is not the issue; their support for the Israeli military is. I wish people would get over this Jewish...smooish thing- it is irrelevant. Israel's crimes are the reason for BDS, not it's religion. Please stop hiding behind this old red herring. Israelis could be Muslim, Hindu, Catholic, from the moon.....it is their crimes that have caused this boycott.

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  13. John Phillip

    John Phillip is a Friend of The Conversation.

    Grumpy Old Man

    Paul, how do you reconcile your department's academic boycott with the following statement taken from its Vision and Purpose statement :
    "A just peace cannot be imposed from 'above'; it can only be grown by inclusion and dialogue between all groups in society."

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  14. Pat Moore

    gardener

    Thanks for a balanced and calmly argued asessment of this hotbutton issue and for speaking up for Jake Lynch in taking this stand. I support the Centre for Peace's action too. As we know this orchestrated kind of counter attack is a long tried & tested tactic of the Zionist US/ Israeli lobby. Noted that the author refrained from using the inflamatory word Zionist but difficult to have the discussion without it? Patricia P's point of Zionism as colonizing nationalsim coming in with the European…

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