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298<br />

The priority, under all circumstances, must be to stop the gross human rights<br />

violations from occurring. Whether that will involve future violence or armed resistance<br />

remains entirely up to Israel, or very nearly so. Only if the Israeli army and the Jewish settlers<br />

stop killing Palestinians and other dissidents, will there even be a possibility of a negotiated<br />

peace. The criminal use of excessive force is the crux of the matter. If a Palestinian throws a<br />

stone, he gets killed. If a Palestinian shouts loudly at a demonstration, he or she gets killed. If<br />

a Palestinian attends a demonstration, he or she gets killed. If a Palestinian crosses a street, he<br />

or she gets killed. If a Palestinian obeys a curfew and stays home, he or she still gets killed.<br />

And the beginning of the spirals of violence that emerge from this basic situation remains an<br />

overwhelmingly Jewish responsibility, although, as we have seen, western Europeans,<br />

including Britain and Germany, the USA and its Arab allies could also be made partly<br />

accountable.<br />

The Palestinians who have committed or abetted violent acts, are in my opinion<br />

primarily to be seen as victims of an ongoing grand crime against humanity. Therefore they<br />

should only be considered guilty in a third tier of responsibilities, after Israeli Zionist Jews,<br />

and after their supporters in the USA and elsewhere, as well as their Nazi enemies. The<br />

charges against Palestinians may indeed include responsibility for crimes against humanity,<br />

but only with regard to the targeting of innocent civilians with lethal force. A crucial question<br />

is, however, whether anyone but the suicide attackers themselves may be held accountable for<br />

their crimes against humanity. Those who assist, influence, and direct them may perhaps only<br />

be prosecuted for crimes, but I will leave that question open.<br />

In any case, as I argued in Section II.1, the crimes against humanity and all other<br />

crimes committed by Palestinians resisting apartheid should be seen as crimes of a lesser<br />

magnitude than apartheid itself. The severity of the punishment for their crimes should in my<br />

opinion not exceed that meted out to apartheid perpetrators. The Israeli state death squads are<br />

at present in clear violation of international law as well as justice, and not only because of the<br />

large numbers of ‘collateral killings’ (which actually also amount to targeting of civilians due<br />

to their extremely high numbers, more than three times higher than the victims of Palestinian<br />

killers since 2000, and possibly as many as 20 times higher overall) and injuries and other<br />

damage caused. Two months after the last quote above, but before the commencement of<br />

Palestinian suicide attacks in 2001, Said added:<br />

In our case, the fighting is done by a small brave number of people<br />

pitted against hopeless odds, i.e. stones against helicopter gunships,<br />

Merkava tanks, missiles. Yet a quick look at other movements – say<br />

the Indian nationalist movement, the South African liberation<br />

movement, the American civil rights movement – tell us first of all<br />

that only a mass movement employing tactics and strategy that<br />

maximise the popular element ever made any difference on the<br />

occupier and/or oppressor. Second, only a mass movement that has<br />

been politicised and imbued with a vision of participating directly in a<br />

future of its own making, only such a movement has historical chance<br />

of liberating itself from oppression or military occupation. The future,<br />

like the past, is built by human beings. They, and not some distant<br />

mediator or saviour, provide the agency for change. 743<br />

They provide the agency but in doing so they also hold accountability and<br />

responsibilities. Nonetheless, the vast majority of Palestinians involved in violent activities<br />

during the present Intifada as well as the previous one are in my opinion not guilty of any<br />

crimes at all. To resist a crime against humanity such as apartheid is not only brave, but<br />

righteous, as well. Not only the Geneva Conventions provide justification for self-defense.<br />

743 Said: The Tragedy Deepens, 2000

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