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LET'S BE HONESTBDS - THE REAL STORY BY THE JERUSALEM INSTITUTE OF JUSTICE

TABLE OF CONTENTS 1 5Omar Barghouti - A Man With 2 Faces 8Scales: A Balancing Act - 10Apartheid - What it is and what it isn't -Facts on the Ground -

CHAPTER 1 | OMAR BARGHOUTI: A MAN WITH 2 FACES In 2005, Omar Barghouti Who, then, is the manfounded the infamous behind the movement?boycott, divest, and sanction(BDS) movement, a Omar Barghouti was born inmovement which on its Qatar to Palestinian parents,surface appears to promote grew up in Egypt, andthe rights of Palestinians by received a master's degreepursuing economic, from Columbia Universityacademic, and cultural before marrying an Arab-boycotts of Israel. Beneath Israeli woman and gainingthe surface, however, it permanent residency statusbecomes clear that this in Israel.movement’s true goal is tobring an end to the State of This movement's trueIsrael and replace it with a goal is to bring an endsovereign Palestinian state. to the State of IsraelBDS is an extremist, anti- He has since received aZionist movement masked second master's degree asas human rights activism. It well as a PhD from Tel Avivshould thus come as no University in Ethics – thesurprise that Barghouti too irony of which is almostaims to portray himself in a laughable, given that acertain way, yet if we take a founding principle of thecloser look at his actions BDS movement is anand beliefs we paint a very academic boycott of Israelidifferent picture. institutions, scholars, and studies. He has enjoyed invaluable benefits from Israeli academics, yet actively promotes boycotting the same institutions. When questioned about this

CHAPTER 1 | OMAR BARGHOUTI: A MAN WITH 2 FACES hypocrisy, Barghouti cites However, the BDSpersonal matters and movement boycotts Israelirefuses to comment any individuals based on theirfurther. nationality, and Barghouti himself refuses to work withHe also conveniently does Israelis – even thosenot mention that, despite a sympathetic to his cause.petition among TAUstudents to remove him from A true activist puts thethe university, the university movement above his ownallowed him to complete his personal bias, yet Barghoutidegrees. It should also be goes so far as to say thatnoted that there are 12 Palestinians who engageuniversities in the West with Israelis are “clinicallyBank, one in East Jerusalem, delusional,” once againand nine in Gaza; yet instead undermining his ownof choosing to support any movement by placing moreof these Palestinian significance in his personalacademic institutions, as prejudice than in achievingwould be expected of a the goals of his movement.Palestinian nationalismactivist, he received not one Barghouti has additionallybut two degrees from an publicly expressedIsraeli university. disapproval for a two-state solution, instead favoring aBDS, Barghouti claims, is a single Palestinian state with“non-violent human rights a Jewish minority presence.movement that seeksfreedom, justice and [He places] moreequality for the Palestinian significance in his personalpeople” and is against the prejudice than in achievingoppressive Israeli regime, the goals of his movement.not against individuals.

CHAPTER 1 | OMAR BARGHOUTI: A MAN WITH 2 FACES He believes that a Jewish Furthermore, the BDSstate and a Palestinian one movement portrays only oneare incompatible. side of the conflict by refusing to even While BDS appears to acknowledge the other perspective.support one people’s self- By boycotting Israelidetermination, the heart academics and culture, and by refusing to teach thatof the movement aims to there are two (or more) sides to every story, the BDS destroy that of another. movement promotes a culture which values aEven though the BDS narrow-minded outlook overmovement claims to not balanced learning.advocate for any particular Barghouti himself issolution, the nature of the hypocritical by spreadingmovement and the false information for theintentions of its founder purposes of “education”suggest otherwise. While while standing behind aBDS appears to support one movement which denies thepeople’s self-determination, opportunity to question thisthe heart of the movement information.aims to destroy that of Truly progressive and open-another. Hidden in the minded education does notmovement’s advocacy is present only one side of theBarghouti’s personal goal of story. Omar Barghouti andthe end of the Jewish state. the BDS movement useFinally, Barghouti is vocal dangerous tactics toabout making false claims of delegitimize and ultimatelyIsraeli apartheid, violence destroy the Jewish stateagainst Palestinian children, while hiding behind a maskcolonization, and more; yet of human rights advocacy.he also denies violence andpersecution against Jews inArab states.

CHAPTER 1 | OMAR BARGHOUTI: A MAN WITH 2 FACES True activism, however, Palestinian self-should not need such a determination cannotmask. If Barghouti practiced come at the expense ofwhat he preached, BDSwould be more compelling. the Jews.The need for him tocompletely shut down theother side’s perspective, tohide his hypocritical actions,and to use soft language tocover up an extremistideology show the flaws inhis arguments.Hiding behind a mask ofhuman rights advocacydoes not take away from histrue intentions. In order toeffectively promote humanrights, we must promote allhuman rights. Palestinianself-determination cannotcome at the expense of thatof the Jews. We must find away to support the rightsand dignity of all people,and only then can we hopefor a future of peace.

CHAPTER 2 | SCALES: A BALANCING ACT  JUSTICE - Balancing Many great minds have the Evidence... laboured over the Israeli- Palestinian conflict, seekingHistorically speaking, going to bring a just solution. Asback as far as ancient Egypt, with every conflict, in this“justice” has been complex conflict too, onesymbolized by a set of must adhere to thescales. The reason for this principles necessary for thebeing the widely held implementation of justice.recognition of the fact thereare always two sides to Sadly, the BDS movementevery dispute and that for does not adhere to thesejustice to be done, a judge basic principles.must consider both sides. The BDS movementAs a Law student, the image preaches ‘say no toof scales continually haunts normalization’: a boycott ofme. In order to do justice, any event that seeks toany legal dispute must be “bring togetherjudged according to the Palestinians/Arabs andfollowing fundamental Israelis so they can presentprinciples: impartiality – their respective narratives orlistening equally to both perspectives, or to worksides’ claims, looking at the toward reconciliationcircumstances of the case, without addressing the rootweighing up the causes of injustice.” (BDSimplications of judgement Website) In doing so, theand examining alternative BDS movement issolutions to the dispute at attempting to redefinehand. justice by narrowing it down to their own narrative and creating a monopoly on the truth.

CHAPTER 2 | SCALES: A BALANCING ACT  'No to Normalization' The BDS movement calls for a boycott until Israel meets 3 = demands that they claim are the ‘roots of injustice’: a. The 'Academic Imperialism?' occupation must be ended. b. Arabs must have fullThis is a blatant violation of equality in Israel and c. Israelthe principle of impartiality. must recognize the right ofIn doing so, they are return of 7.25 millionweighing down one side of Palestinians to the country.the scales and attempting to (BDS Website) These areoutlaw any evidence that seen to be a precondition forwould weigh down the any type of cooperation. Inother side. They say that any holding this approach, theyattempt to achieve a are violating a number of thesolution that doesn’t follow aforementioned basictheir definition of ‘the roots principles for justice. It limitsof injustice’ is intellectually alternative solutions, doesn’tdishonest. As someone who monitor the conflict in lighthas grown up in a conflict of the current circumstanceszone and is a student in the and needs of the people, noracademia, this comes across does it take into account theas a very problematic implications on the peoplestatement. Just because of the region.someone sees through adifferent lens, does thatmake them intellectuallydishonest? Who granted theBDS movement the authorityto know what is or isn’t‘intellectually dishonest’? Tome, such a statement seemsto be academic imperialismand reminds me of Orwell’sthought police.

CHAPTER 2 | SCALES: A BALANCING ACTNo alternatives?There is a fundamentalassumption that there is noother way to finding asolution other than the one No examining currentsuggested. Not allowing circumstnces?sides to examine alternativesand boycotting proposed As for the circumstances: thealternatives is a violation of a fact that there are over 7basic principle of justice. million Palestinian refugeesThis is problematic because living outside the country,it limits the ability of the must be seen in light of thePalestinians, the Israelis and approach to refugeesthe international community according to internationalto take into account all of law and the ability tothe interests of those incorporate refugees intoinvolved. Automatically different communities. Is it aboycotting solutions based proportionate measure toon dialogue, on political expect the return of such acooperation or economic large number refugees 70cooperation doesn’t years later? Furthermore, inempower those seeking a seeking a just solution, it issolution, it merely limits essential to recognize thethem. existence of the Jewish State that currently provides refuge to millions of Jewish refugees from around the world.

CHAPTER 2 | SCALES: A BALANCING ACT No examining We Need a Solution Implications? Based on Justice!Regarding the implications: In this article, I am by nocalling for the right of return means justifying everyof 7.25 million Palestinians, action done by Israel.doesn’t take into account However, I am pointing outthe right of the Jewish the large amount of harmpeople to sovereignty and brought about by the BDSthe fact such an action movement that in the namewould bring an end to any of justice is actively goingform of a Jewish State. about to pervert the courseAdditionally, the BDS of justice and underminecampaign ignores the fact any form of the rule of law.that boycotting Israeli To do justice, one mustcompanies and cooperation balance the evidence onwith them both takes away both sides of the scales andPalestinian jobs and only then make aprevents the building of judgement. One must do sobridges between Jews and taking account theArabs – as this is seen as circumstances of the matter,‘getting in the way of the the implications of theresistance’. actions involved and alternative courses of action that can be taken.

CHAPTER 3 | APARTHEID - WHAT IT IS AND WHAT IT ISN'T “For the purpose of the present Convention, the term \"the crime of apartheid\", which shall include similar policies and practices of racial segregation and discrimination as practiced in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them…” UN International Convention on the Suppression and Punishment of the Crime of Apartheid

CHAPTER 3 | APARTHEID - WHAT IT IS AND WHAT IT ISN'TApartheid, the Dutch word A common misconceptionfor separation, was the among the anti-Israelofficial system of political, community is that Israel is aneconomic, social, and apartheid state. In order tocultural oppression of the dispel this misunderstanding,Black majority in South it is important to recognizeAfrica from 1948 until 1991. two facts: first, that Arab- Israelis are equal under theThough racism and law to Jewish-Israelis; anddiscrimination existed long second, that Palestiniansbefore 1948 and continue living in the West Bank anduntil today, the specific Gaza are not Israeli citizens,methods of oppression and thus are not subject toexercised by the South Israeli law.African government duringthis time are unique to the First, let us explore the rightssystem of apartheid. of Arab-Israelis. While not denying the discrimination A common and social challenges they misconception among face, it is vital to recognize the difference between the anti-Israel societal discrimination and community is that legal discrimination. Israel is an apartheid Societal discrimination, for state. instance, would explain that Arab-Israelis are likely toThe United Nations receive a poorer educationApartheid Convention (cited when compared to Jewish-above) continues to list Israelis due to cultural norms,several methods of economic factors whichoppression, all of which are make it difficult for Arablegislative and legalized families to pay for privateforms of discrimination that education, and a history ofare indicative of a system ofapartheid.

CHAPTER 3 | APARTHEID - WHAT IT IS AND WHAT IT ISN'Tdiscrimination of which the Arab Israelis also haveeffects are still being felttoday. many prominent positions in IsraelLawful discrimination, on society.the other hand, would imply While South Africa underthe legalization of forced apartheid gave Black citizensschool segregation based an inferior education, Israelon ethnicity, as well as provides equal education forsubstandard educational all of its citizens, regardlessmaterials and resources of ethnicity. In addition to fairprovided to Arab schools. and equal education, ArabWhile it is true that state Israelis also enjoy all otherreligious (Jewish) schools rights granted to all Israeliand Arab and Druze schools citizens.exist, they are meant to catertoward each individual Arab-Israelis also have manygroup’s cultural needs and prominent positions in Israeliare provided with uniform society, a phenomenonsubject matter and which would be downrightappropriate funding; impossible, let alone illegal,furthermore, the majority of under apartheid. SeventeenIsraeli students attend Arab-Israelis were elected topublic (mixed) schools. In serve in the current Israeliterms of higher education, Knesset, comprising 14% ofArab-Israelis make up 14.4% all Members of Knesset. Anof Bachelor Degree Arab Justice serves on thestudents; 10% of Master Israeli Supreme Court, andDegree students; 6% of PhD 52 of Israel’s 672 judges arecandidates; and 35% of Arab. Arab-Israelismedical school students at additionally work asthe Technion. professors, doctors,

CHAPTER 3 | APARTHEID - WHAT IT IS AND WHAT IT ISN'Tjournalists, and other high- this is because of the simplepower positions throughout fact that they are not IsraeliIsraeli society. While these citizens. Just as I, annumbers do not reflect American Jew, cannot vote incomplete equality (in which, Israeli elections because I amtheoretically, Arabs would not an Israeli citizen, neithermake up 19% of these can a Palestinian refugee.workers, as they comprise They instead are subject to19% of the population of their own governments; andIsrael), it again highlights the though these governmentsimportant distinction are anything but just, Israelbetween social has no governmentaldiscrimination and legal authority in the Palestiniansegregation. Israel cannot territories becausebe an apartheid state, Palestinians are not Israelibecause all of its citizens are citizens. Israel cannot be antreated equally under the apartheid state on thelaw. grounds of the rights ofIsrael cannot be an Palestinians simply because apartheid state, the Israeli government is in because all of its no position to grant nor deny Palestinians civil and politicalcitizens are treated rights.equally under the law. With regards to what manyNow we can look at the refer to as the “apartheidmore complex issue of wall,” the Security FencePalestinian rights. While it is along the border of Israel andtrue that Palestinians cannot the West Bank is actually avote in Israeli elections, do fence that is less than 5%not have access to Israeli wall.education, and are notrepresented in the Knesset,

CHAPTER 3 | APARTHEID - WHAT IT IS AND WHAT IT ISN'TAlthough security Discrimination is, like in allcheckpoints are an countries around the world, aunfortunate reality that problem in Israel. However, itcreate difficulties for is not the legalized system ofPalestinians when they enter oppression that many claim itIsrael, they are necessary in to be.order to protect the lives ofall Israeli citizens. Arab Israelis have full rights under Israeli law, andThe fence, which was built Palestinian refugees areduring the Second Intifada, subject to their own laws andstopped hundreds of terror policies.attacks a day during theheight of its success. While the methods of protecting national securityWhile many Palestinians feel are not perfect and socialit is degrading and it is not a equality has not yet beenperfect solution by any realized, calling Israel a statemeans, it is an unfortunate of apartheid is both factuallynecessity in order to ensure inaccurate and offensive tothe security of Israeli the Black South Africans whocitizens. Just as you and I lived through true apartheid.must go through bordercontrol when entering a Discrimination is... adifferent country, those problem in Israel.wishing to enter Israel from However it is not thethe West Bank must also legalized system ofendure a security oppression that manycheckpoint. This is notapartheid – it is national claim it to be.security.

CHAPTER 3 | APARTHEID - WHAT IT IS AND WHAT IT ISN'TIn order to truly advocate for the rights of those in andaround Israel, it is vital to do so using all the facts and correctterminology. It is impossible to fight against somethingwhich does not exist, and it is a waste of time and energy todo so when there are real problems that must be addressed.

CHAPTER 4 | FACTS ON THE GROUNDAs a Jewish millennial, I The BDS movement attemptsconsidered myself very to use this flow of informationinformed on the situation in to its advantage. BDS leadersthe Middle East, specifically would have you believe thatwith regards to Israel. I the only way to end thestudied the conflict in suffering of the people in thecollege and received a region is to boycott Israel.degree in Middle Eastern The movement convenientlyStudies. I believed I had a leaves out any informationnuanced perspective, that negatively portrays thereceiving information from Palestinians and theirwhat I believed to be a government. And conversely,diverse set of sources. it ignores facts that reflectHowever, when I began at positively on Israel. It is duethe Jerusalem Institute of time for information to flowJustice, I realized just how more freely and for people tomuch of the picture I was truly understand the situationmissing and how much I still on the ground. With distortedhad to learn. The anti-Israel facts come distorted opinionsbias in the Western media that do nothing to furtherbecame clear not only in dialogue and foster peace.terms of how they portrayedthe different sides in theconflict, but particularly onthe information that theywithheld from the public.The anti-Israel bias of the Western media became clear... particularly on theinformation that they withheld.

CHAPTER 4 | FACTS ON THE GROUNDOne of my first projects I am shocked by the world’srequired me to research the silence on these lawsdifference in standards of targeting women in the Arabliving between that of Arab- world. Yet, the UnitedIsraeli women and of women Nations dedicates extensivein Arab countries time towards chastisingthroughout the region. Israel for its treatment of women. With an increasedI learned that while Israel focus on women’s rights, it ishas a law making rape— now time that the womenincluding spousal rape—a under the control of thefelony punishable by 16 Palestinian Authority andyears in prison, a man in the Hamas receive the samePalestinian Authority could attention and support fromavoid prosecution for rape the international community.or sexual assault if hemarries his victim, through a I am shocked by the“marry-your-rapist” law. world's silence onWhile one can walk through these laws targetingthe streets of Israel and see women in the ArabArab women doing as they world.please, women areforbidden from many thingsin Gaza, like smoking My next projects focused onhookah in public or running the BDS movement,the Gaza marathon. something I fortunately had little interaction with on my college campus. I had heard stories about the movement and its successes in convincing people of Israel’s supposed evils.

CHAPTER 4 | FACTS ON THE GROUNDBDS makes claims that Israel In terms of thisdiscriminates against the supposed “restriction ofArabs living in the country movement,” people blamedand highlights the harsh the security fence, which wasrestrictions that Israel built (andimposes on the movement succeeded) to prevent terrorof Palestinians. In reality, attacks. And even with thisArab-Israelis are an integral fence, over 100,000part of Israeli society, both Palestinians enteracademically and Israel every day for work.professionally. These facts on the ground prove that these claims of Arab-Israelis are an discrimination areintegral part of Israeli drastically exaggerated in service of a clearly dishonest society, both agenda. academically and When reading about the professionally. region in the United States, it seemed that every littleArab-Israelis serve as incident in IsraelKnesset members, in both would be front-page news.Arab and non-Arab parties, The media loves pointing outand make up 16.1% of Israel’s flaws, highlightingstudents in Israeli any instanceuniversities. Additionally, that could be portrayed asArab citizens of Israel enjoy examples of Israeliequal rights under the law, maltreatment of thethe same as their Jewish Palestinians or its Arabcounterparts. citizens.

CHAPTER 4 | FACTS ON THE GROUNDWhat was lacking was a Why are these instances notcomparable scrutiny of the common knowledge amonggoverning bodies of the my peers? Where is thePalestinians. When the outrage frommedia does report on people who claim to careHamas’ mistreatment of its about human rights?citizens in Gaza, albeitinfrequently, the Palestinian The BDS movement tries toAuthority does not receive change the narrative andany condemnation, ignoring distort the facts on thethe corruption and abuse of ground. They hopeits people. In reality, Hamas that the incomplete mediasteals electricity from its coverage of the situation willcitizens and encourages influence people to have atheir constituents to kill negative perception of Israelfamily members Hamas and to blame Israel for thesuspects of aiding Israel. conflict. This requires us to do our own researchThe Palestinian Authority, to truly understand thesimultaneously, works hard situation, so we do not letto silence any dissent, the BDS movement dictatetorturing journalists and the narrative, because theyothers who attempt to speak will make it one of hate andout about the government’s lies.abuses. Additionally, rarelydoes one The BDS movementhear about the Palestinian tries to change theAuthority paying a monthly narrative and distortsalary to families of terrorists.These are just some of the the facts on themany abuses of power that ground.occur in the Gaza Strip andWest Bank that theWestern media fails toadequately report.