AIPAC said they were going to do it, and they did it. Here’s what AIPAC’s Leadership Development Director Jonathan Kessler told DC conference attendees:
Though the Berkeley bill SB118 proposed divestment from General Electric and United Technologies only, two military industries which profit from Israel’s subjugation of the Palestinians, it’s true perhaps that the measure opened the door to further BDS inroads to fight Israel Apartheid.
The divestment proposal had the backing of Archbishop Desmond Tutu among many activists. Against was the Israeli lobby. Students were warned that prospective Jewish students would avoid enrolling, etc. Can we imagine the suggestion was made that the current students would be denied jobs? There probably is a corporate future for “made” students who’ve shown their fealty to AIPAC.
Let us begin with the assumption that it is very hard to hear the debate under consideration here. One hears someone saying something, and one fears that they are saying another thing. It is hard to trust words, or indeed to know what words actually mean. So that is a sign that there is a certain fear in the room, and also, a certain suspicion about the intentions that speakers have and a fear about the implications of both words and deeds. Of course, tonight you do not need a lecture on rhetoric from me, but perhaps, if you have a moment, it might be possible to pause and to consider reflectively what is actually at stake in this vote, and what is not. Let me introduce myself first as a Jewish faculty member here at Berkeley, on the advisory board of Jewish Voice for Peace, on the US executive committee of Faculty for Israeli-Palestinian Peace, a global organization, a member of the Russell Tribunal on Human Rights in Palestine, and a board member of the Freedom Theatre in Jenin. I am at work on a book which considers Jewish criticisms of state violence, Jewish views of co-habitation, and the importance of ‘remembrance’ in both Jewish and Palestinian philosophic and poetic traditions.
The first thing I want to say is that there is hardly a Jewish dinner table left in this country–or indeed in Europe and much of Israel–in which there is not enormous disagreement about the status of the occupation, Israeli military aggression and the future of Zionism, binationalism and citizenship in the lands called Israel and Palestine. There is no one Jewish voice, and in recent years, there are increasing differences among us, as is evident by the multiplication of Jewish groups that oppose the occupation and which actively criticize and oppose Israeli military policy and aggression. In the US and Israel alone these groups include: Jewish Voice for Peace, American Jews for a Just Peace, Jews Against the Occupation, Boycott from Within, New Profile, Anarchists Against the Wall, Women in Black, Who Profits?, Btselem, Zochrot, Black Laundry, Jews for a Free Palestine (Bay Area), No Time to Celebrate and more. The emergence of J Street was an important effort to establish an alternative voice to AIPAC, and though J street has opposed the bill you have before you, the younger generation of that very organization has actively contested the politics of its leadership. So even there you have splits, division and disagreement.
So if someone says that it offends “the Jews” to oppose the occupation, then you have to consider how many Jews are already against the occupation, and whether you want to be with them or against them. If someone says that “Jews” have one voice on this matter, you might consider whether there is something wrong with imagining Jews as a single force, with one view, undivided. It is not true. The sponsors of Monday evening’s round table at Hillel made sure not to include voices with which they disagree. And even now, as demonstrations in Israel increase in number and volume against the illegal seizure of Palestinian lands, we see a burgeoning coalition of those who seek to oppose unjust military rule, the illegal confiscation of lands, and who hold to the norms of international law even when nations refuse to honor those norms.
What I learned as a Jewish kid in my synagogue–which was no bastion of radicalism–was that it was imperative to speak out against social injustice. I was told to have the courage to speak out, and to speak strongly, even when people accuse you of breaking with the common understanding, even when they threaten to censor you or punish you. The worst injustice, I learned, was to remain silent in the face of criminal injustice. And this tradition of Jewish social ethics was crucial to the fights against Nazism, fascism and every form of discrimination, and it became especially important in the fight to establish the rights of refugees after the Second World War. Of course, there are no strict analogies between the Second World War and the contemporary situation, and there are no strict analogies between South Africa and Israel, but there are general frameworks for thinking about co-habitation, the right to live free of external military aggression, the rights of refugees, and these form the basis of many international laws that Jews and non-Jews have sought to embrace in order to live in a more just world, one that is more just not just for one nation or for another, but for all populations, regardless of nationality and citizenship. If some of us hope that Israel will comply with international law, it is precisely so that one people can live among other peoples in peace and in freedom. It does not de-legitimate Israel to ask for its compliance with international law. Indeed, compliance with international law is the best way to gain legitimacy, respect and an enduring place among the peoples of the world.
Of course, we could argue on what political forms Israel and Palestine must take in order for international law to be honored. But that is not the question that is before you this evening. We have lots of time to consider that question, and I invite you to join me to do that in a clear-minded way in the future. But consider this closely: the bill you have before you does not ask that you take a view on Israel. I know that it certainly seems like it does, since the discussion has been all about that. But it actually makes two points that are crucial to consider. The first is simply this: there are two companies that not only are invested in the Israeli occupation of Palestinian lands and peoples, but who profit from that occupation, and which are sustained in part by funds invested by the University of California. They are General Electric and United Technologies. They produce aircraft designed to bomb and kill, and they have bombed and killed civilians, as has been amply demonstrated by Amnesty International and Human Rights Watch. You are being asked to divest funds from these two companies. You are NOT being asked to divest funds from every company that does business with Israel. And you are not being asked to resolve to divest funds from Israeli business or citizens on the basis of their citizenship or national belonging. You are being asked only to call for a divestment from specific companies that make military weapons that kill civilians. That is the bottom line.
If the newspapers or others seek to make inflammatory remarks and to say that this is an attack on Israel, or an attack on Jews, or an upsurge of anti-Semitism, or an act that displays insensitivity toward the feelings of some of our students, then there is really only one answer that you can provide, as I see it. Do we let ourselves be intimidated into not standing up for what is right? It is simply unethical for UC to invest in such companies when they profit from the killing of civilians under conditions of a sustained military occupation that is manifestly illegal according to international law. The killing of civilians is a war crime. By voting yes, you say that you do not want the funds of this university to be invested in war crimes, and that you hold to this principle regardless of who commits the war crime or against whom it is committed.
Of course, you should clearly ask whether you would apply the same standards to any other occupation or destructive military situation where war crimes occur. And I note that the bill before you is committed to developing a policy that would divest from all companies engaged in war crimes. In this way, it contains within it both a universal claim and a universalizing trajectory. It recommends explicitly “additional divestment policies to keep university investments out of companies aiding war crimes throughout the world, such as those taking place in Morocco, the Congo, and other places as determined by the resolutions of the United Nations and other leading human rights organizations.” Israel is not singled out. It is, if anything, the occupation that is singled out, and there are many Israelis who would tell you that Israel must be separated from its illegal occupation. This is clearly why the divestment call is selective: it does not call for divestment from any and every Israeli company; on the contrary, it calls for divestment from two corporations where the links to war crimes are well-documented.
Let this then be a precedent for a more robust policy of ethical investment that would be applied to any company in which UC invests. This is the beginning of a sequence, one that both sides to this dispute clearly want. Israel is not to be singled out as a nation to be boycotted–and let us note that Israel itself is not boycotted by this resolution. But neither is Israel’s occupation to be held exempt from international standards. If you want to say that the historical understanding of Israel’s genesis gives it an exceptional standing in the world, then you disagree with those early Zionist thinkers, Martin Buber and Judah Magnes among them, who thought that Israel must not only live in equality with other nations, but must also exemplify principles of equality and social justice in its actions and policies. There is nothing about the history of Israel or of the Jewish people that sanctions war crimes or asks us to suspend our judgment about war crimes in this instance. We can argue about the occupation at length, but I am not sure we can ever find a justification on the basis of international law for the deprivation of millions of people of their right to self-determination and their lack of protection against police and military harassment and destructiveness. But again, we can have that discussion, and we do not have to conclude it here in order to understand the specific choice that we face. You don’t have to give a final view on the occupation in order to agree that investing in companies that commit war crimes is absolutely wrong, and that in saying this, you join Jews, Muslims, Hindus, Christians and so many other peoples from diverse religious and secular traditions who believe that international governance, justice and peace demand compliance with international law and human rights and the opposition to war crimes. You say that you do not want our money going into bombs and helicopters and military materiel that destroys civilian life. You do not want it in this context, and you do not want it in any context.
Part of me wants to joke–where would international human rights be without the Jews! We helped to make those rights, at Nuremberg and again in Jerusalem, so what does it mean that there are those who tell you that it is insensitive to Jewishness to come out in favor of international law and human rights? It is a lie–and what a monstrous view of what it means to be Jewish. It disgraces the profound traditions of social justice that have emerged from the struggle against fascism and the struggles against racism; it effaces the tradition of ta-ayush, living together, the ethical relation to the non-Jew which is the substance of Jewish ethics, and it effaces the value that is given to life no matter the religion or race of those who live. You do not need to establish that the struggle against this occupation is the same as the historical struggle against apartheid to know that each struggle has its dignity and its absolute value, and that oppression in its myriad forms do not have to be absolutely identical to be equally wrong. For the record, the occupation and apartheid constitute two different versions of settler colonialism, but we do not need a full understanding of this convergence and divergence to settle the question before us today. Nothing in the bill before you depends on the seamless character of that analogy. In voting for this resolution, you stand with progressive Jews everywhere and with broad principles of social justice, which means, that you stand with those who wish to stand not just with their own kind but with all of humanity, and who do this, in part, both because of the religious and non-religious values they follow.
Lastly, let me say this. You may feel fear in voting for this resolution. I was frightened coming here this evening. You may fear that you will seem anti-Semitic, that you cannot handle the appearance of being insensitive to Israel’s needs for self-defense, insensitive to the history of Jewish suffering. Perhaps it is best to remember the words of Primo Levi who survived a brutal internment at Auschwitz when he had the courage to oppose the Israeli bombings of southern Lebanon in the early 1980s. He openly criticized Menachem Begin, who directed the bombing of civilian centers, and he received letters asking him whether he cared at all about the spilling of Jewish blood. He wrote:
I reply that the blood spilled pains me just as much as the blood spilled by all other human beings. But there are still harrowing letters. And I am tormented by them, because I know that Israel was founded by people like me, only less fortunate than me. Men with a number from Auschwitz tattooed on their arms, with no home nor homeland, escaping from the horrors of the Second World War who found in Israel a home and a homeland. I know all this. But I also know that this is Begin’s favourite defence. And I deny any validity to this defence.
As the Israeli historian Idith Zertal makes clear, do not use this most atrocious historical suffering to legitimate military destructiveness–it is a cruel and twisted use of the history of suffering to defend the affliction of suffering on others.
To struggle against fear in the name of social justice is part of a long and venerable Jewish tradition; it is non-nationalist, that is true, and it is committed not just to my freedom, but to all of our freedoms. So let us remember that there is no one Jew, not even one Israel, and that those who say that there are seek to intimidate or contain your powers of criticism. By voting for this resolution, you are entering a debate that is already underway, that is crucial for the materialization of justice, one which involves having the courage to speak out against injustice, something I learned as a young person, but something we each have to learn time and again. I understand that it is not easy to speak out in this way. But if you struggle against voicelessness to speak out for what is right, then you are in the middle of that struggle against oppression and for freedom, a struggle that knows that there is no freedom for one until there is freedom for all. There are those who will surely accuse you of hatred, but perhaps those accusations are the enactment of hatred. The point is not to enter that cycle of threat and fear and hatred–that is the hellish cycle of war itself. The point is to leave the discourse of war and to affirm what is right. You will not be alone. You will be speaking in unison with others, and you will, actually, be making a step toward the realization of peace–the principles of non-violence and co-habitation that alone can serve as the foundation of peace. You will have the support of a growing and dynamic movement, inter-generational and global, by speaking against the military destruction of innocent lives and against the corporate profit that depends on that destruction. You will stand with us, and we will most surely stand with you.
