Peace after 10/7 requires we understand what happened before 10/7
What must happen if we're serious about future peace & justice for Palestine & Israel
Have you heard these phrases over the past six months?
“Don’t start wars you can’t win.”
“There was a ceasefire on 10/6.”
“Maybe Palestinians should’ve thought of their children being bombed before they attacked Israel on 10/7.”
These comments, and many more cruel comments like them, have inundated the social media spectrum, the media landscape, and politician talking points since 10/7. But there’s only one problem with these comments—none of them are grounded in reality and none of them help us get to a place of peace and security for Israelis and Palestinians. Let’s Address This.
Where we are now is a far journey from where we have to go. Sadly, after denying a deal for ceasefire and release of all hostages, Israel is now planning a full on invasion of Rafah. Doing so would be catastrophic to 1.2 million already displaced Palestinians, including some 600,000 innocent children.
Over the past six plus months Israeli bombing has killed more than 34,000 Palestinian civilians with some 70% of them women and children. During this time, I have come to realize that I cannot logically discuss Israel/Gaza with people who believe this current atrocity began with Hamas’s war crimes on 10/7. And yes, I say unequivocally that Hamas killing Israeli civilians is a war crime and indefensible. And, I add that labeling 10/7 as the ignition to this conflict, and not part of a decades long trail of violence, isn’t just false, it is dangerous to both Israelis and Palestinians. It falsely assumes life before 10/7 was peaceful for Palestinians and Hamas’s violent attack on Israel occurred in a vacuum. Reality paints a vastly different picture that we cannot ignore.
Therefore, if we start with the premise that we want peace for Israel and for Palestine, then we must recognize the historical injustices leading up to the present day violence, and then collaborate to undo those injustices.
First, we must recognize Israel’s 57 year illegal military occupation of Palestinian territories for the illegal act it is. As Agnès Callamard, Amnesty International’s Secretary General, reports:
The world must recognize that ending Israel’s illegal occupation is a prerequisite to stopping the recurrent human rights violations in Israel and the [Occupied Palestinian Territories]. Israel’s occupation of Palestine is the longest and one of the most deadly military occupations in the world. For decades it has been characterised by widespread and systematic human rights violations against Palestinians. The occupation has also enabled and entrenched Israel’s system of apartheid imposed on Palestinians. Over the years, Israel’s military occupation has evolved into a perpetual occupation in flagrant violation of international law.
Likewise, we must recognize that Hamas is not an ancient organization, but having been established only in 1987, it is a reaction to more than 20 years of illegal occupation and land grab. It also means recognizing that Hamas funding came with the approval and support of Israeli Prime Minister Netanyahu as a way to delegitimize Palestinian statehood. As Times of Israel reports:
For years, the various governments led by Benjamin Netanyahu took an approach that divided power between the Gaza Strip and the West Bank — bringing Palestinian Authority President Mahmoud Abbas to his knees while making moves that propped up the Hamas terror group. The idea was to prevent Abbas — or anyone else in the Palestinian Authority’s West Bank government — from advancing toward the establishment of a Palestinian state.
We must further recognize Israel’s 700,000 illegal settlements as the violation of international human rights law that they are, as repeatedly affirmed by the United Nations. For example, see this UN Press release on September 27, 2023, just 10 days before the 10/7 attack, citing the strong opposition to Israel’s illegal settlement expansion by none other than the United States itself:
The representative of the United States said the ongoing violence between Israelis and Palestinians sets back prospects for peace and is responsible for “so much needless suffering”. Voicing concern over the situation in Israel, the West Bank and Gaza, she said the United States opposes the advancement of settlements and urges Israel to refrain from those actions, emphasizing that it undermines “the geographic viability of a two-State solution, exacerbates tensions and further harms trust between the two parties”.
Moreover, we must recognize that two decades of Israel’s land, air, and sea blockades on Gaza have left people desperate and distressed, and violates international human rights law.
Justice furthermore means recognizing that some 9500 Palestinians are indefinitely detained in Israeli prison in what is known as administrative detention, many without charge or opportunity for release. As NPR reports:
Administrative detention is a form of detention whereby individuals are detained by the state [of Israel] without any intent to prosecute them in a trial, and they're held on the basis of secret security information that the detainee and their lawyer cannot review. Israel has been using this form of detention since its occupation of the West Bank and the Gaza Strip - so back to 1967.
Yet additionally, it means recognizing that as you read this, up to 1000 Palestinian children are indefinitely detained in Israeli prison, again without charge, under so-called administrative detention. These imprisoned children are further denied access to counsel or parents, while suffering ongoing physical and sexual abuse. As Save the Children International reports:
Palestinian children in the Israel military detention system face physical and emotional abuse, with four out of five (86%) of them being beaten, and 69% strip-searched. Nearly half (42%) are injured at the point of arrest, including gunshot wounds and broken bones. Some report violence of a sexual nature and some are transferred to court or between detention centres in small cages. It is estimated that there are between 500 and 1000 children held in Israeli military detention each year.
Justice means recognizing that for as much as critics like to claim “there was a ceasefire on 10/6,” in the year prior to 10/7 the Israeli military killed at least 240 Palestinian civilians in the West Bank where there is no Hamas. That death toll included 47 children. In fact, it was the deadliest year in recent history for Palestinian civilians.
All of the above is but a snapshot of the injustices preceding 10/7. Yet almost none of it is discussed in the media and political ether, and we are all worse off as a result.
Thus, back to my original point—if any person wants to have a serious discussion on Israel and Palestine, but only started paying attention on 10/7, then that person is not engaging in good faith, period. Indeed, even since 10/7, Amnesty International reports that the Israeli military has killed more than 300 Palestinians in the West Bank, where there is no war or Hamas. And I am willing to bet that for most readers, this is the first you’ve heard of it.
Thus, the refusal to engage in good faith dialogue that accounts for historical reality is harmful to both Palestinians and Israelis, because such ignorance and denial of history prevents building a just and sustainable future.
In the present moment, we can ensure and pursue peace through diplomacy, upholding international human rights law, and being just arbiters. That means stopping arms to Israel—a step President Biden is finally taking—to end the siege on Gaza. It means recognizing the injustices preceding 10/7, and working aggressively to actively undo them, i.e. an end to the Israel’s illegal military occupation of Palestinian lands, an end to Israel’s illegal settlements on Palestinian land, ample resources to rebuild Palestine and Gaza, and just leadership to ensure Palestinians have their own state and right to self determination—without foreign interference.
Bad actors from Hamas and the Israeli government who targeted civilians should face ICC prosecution, and the US and UN should apply pressure equally to ensure Israelis and Palestinians can live in peace and security beyond the clutches of corrupt politicians. No one is arguing that Palestinians have been flawless the last 57 years, but an occupied people shouldn’t have to be to ensure their basic human rights to life and liberty are protected under international human rights law.
As a human rights lawyer who believes international human rights law is a force for good, I seek nothing more than the safety and security of both Palestine and Israel, of Palestinians and Israelis. But to get to that point, we must first recognize the history of this conflict before 10/7, and demand justice and fairness for all parties on and after 10/7. Cruel quips won’t stop the atrocities we are witnessing daily, but upholding international human rights law, recognizing the history that got us here, and staying fiercely committed to justice to get us to where we need to go, can, and will create peace for both Palestine and Israel.
And that is a conversation worth having and acting upon.
NEXT ARTICLE: DEBUNKING RACIST MYTHS ABOUT JEWS AND MUSLIMS
This is the first”letter” I have read that actually addresses the real issue at hand. The narrative has been hijacked by the extremists on both sides and the media that exploits emotions instead of informing people of the complicated history. This is where discussion must start in order to be constructive and end this tragedy. Thank you and perhaps others will follow.
Neither the Israeli government nor Hamas was acting before 10/7 to advance toward two liberal democratic states living in peace and prosperity with each other.