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Friday, March 29, 2024

Targeting opposition to Gaza genocide, University of Michigan proposes policy to suppress protests

March 29, 2024
On Wednesday, the University of Michigan unveiled a proposal for a new administration policy that could be used to effectively prohibit public protests on campus, as part of an escalating nationwide and global crackdown on opposition to Israel’s genocide in Gaza.
 Students demonstrate against the Gaza genocide on March 28, 2024 at the University of Michigan.
The policy document states:
No one has the right to infringe on the exercise of others’ speech and activities by disrupting the normal celebrations, activities, and operations of the University (“University Operations”).
Students who are determined to have violated this policy will be subject to disciplinary action, including expulsion.
This attack on free speech follows a public condemnation from university president Santa Ono of a March 26 protest against the Gaza genocide. Ono declared:
We all must understand that, while protest is valued and protected, disruptions are not. One group’s right to protest does not supersede the right of others to participate in a joyous event.
The banning of protest in the guise of preventing “disruption” of “public order” and “economic life” is the stock in trade of every authoritarian regime in modern history. For that reason, from a democratic legal standpoint, the permissibility of “disruption” has always been understood as essential to freedom of speech and expression.
As the United Nations Human Rights Committee has explained:
Private entities and the broader society … may be expected to accept some level of disruption, if this is required for the exercise of the right of peaceful assembly.
According to the draft text circulated Wednesday, inviting “feedback” through April 3, the new policy would ban any actions that “disrupt” university activities of any kind, including by “obstructing lines of sight, making loud or amplified noises, projecting light or images, or otherwise creating substantive distractions.” It would also be a violation of the policy to “prevent or impede the free flow of persons about campus,” or to refuse to leave the campus when ordered to do so by a university official.
Does a picket by striking workers “prevent or impede” pedestrian traffic? Does holding up a banner outside an event “obstruct lines of sight”? Does yelling “boo” instead of applauding when a war criminal takes the stage constitute a “substantive distraction”?
The vagueness of the policy is deliberate. The intended effect is to give the university a license to ban any protest whatsoever, since all protests by their very nature involve “substantive distractions.”
The policy also provides that in the event of an alleged violation, students will summarily be given notice of charges and encouraged to “voluntarily accept responsibility” or else face a one-sided university-controlled “process” to determine their punishment. The policy also threatens to refer students to the police and local prosecutors by making “requests for misdemeanor charges under Article XII of the Regents’ Ordinance and state trespass law.”
The university’s threat to involve the police and prosecutors is directed particularly against the university’s many international students, whose visa status is often precarious and can be revoked for any number of reasons, or for no reason at all.
In addition to students, the new “disruption” policy also expressly applies to staff, faculty and visitors. Students who violate the policy can face “expulsion,” while faculty members can face “termination.” The policy also purports to override all other “conflicting” policies to the contrary. This presumably includes the Statement of Student Rights, which upholds the “long tradition of student activism and values freedom of expression, which includes voicing unpopular views and dissent.”
The University of Michigan, in fact, was a center of student protests during the Vietnam War and Civil Rights periods. The new proposed policy, if it had been in effect at that time, would have virtually criminalized entire graduating classes of the student body.
The International Youth and Students for Social Equality at the University of Michigan issued a statement Thursday condemning the “latest moves by the administration to intimidate and silence opposition to the US/Israeli genocide in Gaza.”
The IYSSE stated:
We unconditionally defend all students, faculty and staff who are targeted by the university thought police and victimized for the “crime” of protesting against an ongoing genocide that recalls the Nazi Holocaust.
Socialist Equality Party presidential candidate Joseph Kishore spoke to many students and issued a statement to those attending a 1,000-strong rally against the university administration in Ann Arbor yesterday. He called the proposed policy an “outrageous attack on democratic rights and the right to protest.”
Kishore continued:
It is a continuation and escalation of the efforts to criminalize and to smear protests against the genocide in Gaza. This is a response of the ruling class to growing opposition among workers and among young people to the horrific crimes that are being carried out with the active support, with the financial support, with the political support of the Biden administration and the Democratic Party.
The present crackdown occurs as sentiments in the US population have shifted sharply—from 45 percent disapproval of Israel’s actions in Gaza in November to 55 percent disapproval in March, according to a Gallup poll published Wednesday. Among students and young people, who are more exposed to direct reporting from Gaza on social media, the shift has been even more overwhelming. On Facebook, TikTok and Instagram, hashtags critical of the Israeli government regularly outpace pro-Israel hashtags by ratios of twenty to one, thirty to one, and more.
The response of the university authorities, corrupted by innumerable ties to the ruling capitalist political parties and the military-intelligence apparatus, has generally been heavy-handed repression.
The U-M administration unveiled its new policy against “disruption” the same week that some two dozen students and a journalist were victimized in connection with an anti-genocide demonstration at Vanderbilt University in Tennessee. That protest was called after the administration blocked a vote on a resolution that would have prevented student government funds from being spent at businesses that support Israel.
These crackdowns are only the latest manifestations of an accelerating process. Since the onslaught against Gaza was launched last October, demands for the repression of campus protests have been issued from top levels of both the Democratic and Republican parties under the phony guise of combating “antisemitism.” As part of this campaign, university presidents were hauled before inquisitorial hearings in Washington, during which legislators harangued them for failing to do more to censor student speech, leading to the resignation of former Harvard president Claudine Gay.
More recently, the Democratic Party announced that it would wage an “all-out war” on third parties and independent candidates this year, specifically in an effort to prevent them from obtaining ballot access. This process is mirrored throughout the world, including in Rishi Sunak’s new “extremism” legislation in the UK and the ban on demonstrations related to Algeria in Paris.
These increasingly desperate efforts at censorship and repression are not hallmarks of a stable, self-confident social order. They are a sign of weakness, a function of the crisis of world capitalism and all of its traditional institutions, especially in the United States, which is boiling over with unresolved social grievances.
Unable to attract any genuine mass support for its policies, or to offer anything resembling a reform, the ruling class is turning to more direct repression. In the US, this is true of the faction headed by Trump and the Republicans no less than the faction headed by Biden and the Democrats.
The ongoing Gaza genocide occurs in the midst of a bloody escalation of global conflict that is already raging in Ukraine and that threatens to expand into other parts of Eastern Europe, the Middle East and Southeast Asia, escalating toward the use of nuclear weapons. In this context, the Gaza genocide has exposed US-NATO imperialism for what it truly is. America’s politicians—the would-be “champions of democracy” and defenders of the so-called “rules-based international order”—stand before the world’s population as a blood-drenched pack of hypocrites and mass murderers.
The social order they represent is likewise exposed. It does not exhibit a tendency toward equality and progress, but toward repression and destruction. All the great historical problems associated with capitalism, which produced two world wars, fascism and genocide in the last century, are back with a vengeance, notwithstanding all the efforts to claim that those problems had been “solved” and would never again recur.
In this context, all of those political tendencies and individuals that have sought to sow illusions that the Democratic Party can be “pressured” and capitalism “reformed” are likewise exposed. The American president who had been hailed from these quarters as one of the most “left-wing” and “pro-worker” in history will likely be remembered by his richly-deserved nickname “Genocide Joe.”
As the democratic veneer of capitalism crumbles and its reactionary essence looms increasingly into view, the social force capable of defending and expanding democratic rights and of waging a struggle against capitalism itself—the international working class—must take center stage. This requires a turn away from hopeless appeals to all the discredited accomplices and enablers of genocide. Instead, all efforts must focus on developing the necessary collective class consciousness and organization for a struggle against the capitalist system itself.
 
U.S. Complicity in Israel’s “Plausible” Genocide
 
“Honoring our alliances does not mean facilitating mass killing,” Representative Ocasio-Cortez said on the floor of the House of Representatives on March 22. “We cannot hide from our responsibility any longer.” “Facilitating mass killing” and “responsibility” could include United States legal complicity. While eyes are on a U.N. Security Council resolution calling for an immediate ceasefire in the Gaza Strip, a court case in California (Defense for Children International, Palestine, et al. v. Joseph R. Biden, et al.) is worth noting; the case directly challenges the United States’ support for Israel. Although the case will not force Israel to withdraw from Gaza, it does raise serious issues about the United States’ complicity in Israel’s continuous violation of human rights and humanitarian law as well as its egregious non-compliance with the provisional measures ordered by the International Court of Justice (ICJ).
The ICJ ruled on January 26 that Israel was committing “plausible genocide.” In addition, in a March 25 Report to the Human Rights Council by the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese wrote in the Summary: “By analyzing the patterns of violence and Israel’s policies in its onslaught on Gaza, this report concludes that there are reasonable grounds to believe that the threshold indicating Israel’s commission of genocide is met.”
In the California case, United States leaders are accused of illegal complicity in not preventing genocide as well as contributing to Israel’s genocidal actions.
Over thirty eminent legal scholars and practitioners, including Richard Falk, Philip Alston, and Andrew Clapham, presented a brief (Amicus curiae) supporting the case before The United States Court of Appeals for the Ninth District. Without going into all the legalese, the major points in the brief were: 1) The prohibition of genocide, complicity in genocide, and the duty to prevent genocide are fundamental norms of customary international law from which there are no exceptions. 2) Being aware of the risk of genocide obliges states to prevent genocide from occurring. If a state knows genocide is taking place, and the state continues to support the state committing genocide, the supporting state has not fulfilled its legal obligation to prevent genocide and may be held to be complicit in the genocide. 3) Historically, in previous cases before the ICJ, the United States has agreed to these fundamental principles. 4) Domestic courts may enforce fundamental customary international law such as California in this case.
The second major point merits detailed explanation since it refers to two types of violations to the Genocide Convention. The first violation is that the prevention of genocide is a legal obligation. If a state has knowledge that genocide is being committed and does nothing, if it has knowingly not prevented genocide, the state is complicit. Furthermore, as the scholars note; “The duty does not require a finding that genocide is occurring; rather, awareness of a serious risk of genocide places an obligation on all States to take whatever action possible and necessary to prevent its occurrence or continuation.” The ICJ’s decision on “plausible genocide” makes this point relevant for the United States as does the Report of the Special Rapporteur. There is obviously a serious risk of genocide being committed by Israel in Gaza. There can be no doubt of the United States’ “awareness of a serious risk.” Therefore, as the brief argues, the United States, like all states that have ratified the Convention, is legally bound “to take whatever action possible and necessary to prevent its [genocide] occurrence or continuation.”
The second type of violation in the brief is even more damning for the United States. It describes a positive act of commission rather than the negative act of not preventing. If a state continues to support the state committing genocide, the brief points out, the supporting state may be held complicit in genocide’s commission. The United States continues to supply weapons to Israel after October 7. “The United States has quietly approved and delivered more than 100 separate foreign military sales to Israel since the Gaza war began Oct. 7, amounting to thousands of precision-guided munitions, small-diameter bombs, bunker busters, small arms and other lethal aid, U.S. officials told members of Congress in a recent classified briefing,” John Hudson wrote on March 6, 2024, in The Washington Post. The Wall Street Journal and The New York Times confirmed this account of the Congressional briefing in similar reports.
The United States is therefore twice guilty of violating Article IIIe of the Genocide Convention which specifically prohibits complicity.
How does the United States continue to supply weapons to Israel in violation of the Genocide Convention? The U.S. Arms Export Control Act does permit exceptions for arms sales to close allies. The United States uses this loophole to continue sending weapons to Israel. But using this loophole to continue sending weapons does not exonerate complicity in genocide. In the least, it is hypocritical. Using the Arms Export Control Act “doesn’t just seem like an attempt to avoid technical compliance with US arms export law, it’s an extremely troubling way to avoid transparency and accountability on a high-profile issue,” Ari Tolany, director of the security assistance monitor at the Centre for International Policy think tank, was quoted in The Guardian.
Hypocritical and secretive. According to a recent New York Times article: “Last December, Secretary of State Antony J. Blinken twice invoked a rarely used emergency authority to send tank ammunition and artillery shells to Israel without Congressional review. These were the only two times the administration has given public notice of government-to-government military sales to Israel since October.”
What about other countries? Have they changed their policies towards Israel following the ICJ ruling? The Canadian government, which provides about $4 billion dollars a year in military aid to Israel, recently announced that it would halt arms sales to Israel after the Canadian Parliament passed a non-binding motion to stop the weapons sales. Canada was not alone. “Canada joins the Netherlands, Japan, Spain, and Belgium in suspending arms sales,” Aljazeera reported.
In addition to countries’ stopping arms sales, The Guardian revealed that more than 200 members of parliaments (MPs) from 12 countries wrote a letter trying to persuade their governments to impose a ban on arms sales to Israel. The MPs, a network of socialist and activists, argued that they will not be complicit in “Israel’s grave violation of international law” in its Gaza assault. In their letter, the politicians argued that after the ICJ ruling, “an arms embargo has moved beyond a moral necessity to become a legal requirement.”
The MPs were also not alone. U.N. experts stated that “any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law…” The experts, mostly independent rapporteurs for the United Nations Human Rights Council, wrote: “The need for an arms embargo on Israel is heightened by the International Court of Justice’s ruling on 26 January 2024 that there is a plausible risk of genocide in Gaza and the continuing serious harm to civilians since then.” As the Genocide Convention requires all states who have acceded to employ all means reasonably available to them to prevent genocide in another state as far as possible, “This necessitates halting arms exports in the present circumstances,” the experts argued.
In relation to the California case, the experts were quite clear; “State officials involved in arms exports may be individually criminally liable for aiding and abetting any war crimes, crimes against humanity or acts of genocide,” they wrote. “All States under the principle of universal jurisdiction, and the International Criminal Court, may be able to investigate and prosecute such crimes.”
In full awareness of the serious risk of “plausible genocide” by Israel taking place in Gaza, the United States has not stopped Israel’s actions and continues to send weapons to Israel. The United States has been and continues to be complicit. “International law does the enforce itself,” the experts concluded. “All States must not be complicit in international crimes through arms transfers. They must do their part to urgently end the unrelenting humanitarian catastrophe in Gaza.”
The legal argument is clear. The moral argument is clearer. Will political action follow? Eight senators wrote to Mr. Biden on March 11 calling on him to require Israel’s Prime Minister Benjamin Netanyahu “to stop restricting humanitarian aid access to Gaza or forfeit U.S. military aid to Israel.” Requiring Israel to allow access to humanitarian aid would be a start. Stopping sending military equipment would be even better. But even a U.N. Security Council ceasefire – where the U.S. meekly abstained – will not absolve the United States of complicity in Israel’s “plausible genocide.”

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