There is no doubt that Hamas’s reliance on rockets fired in the direction of Israeli civilian population centers are violations of international humanitarian law, and should be condemned as such, but even this condemnation is not without its problematic aspects. The Goldstone Report did condemn the reliance of these rockets in a typically decontextualized manner, that is, without reference to the unlawfulness of the occupation, including its pronounced reliance on collective punishment in the form of the blockade as well as arbitrary violent incursions, frequent military overflights, and a terrifying regime of subjugation that imparts on Palestinians a sense of total vulnerability and helplessness. The Goldstone Report also was silent as to the nature and extent of a Palestinian right of resistance. Such unconditional condemnations of Hamas as ‘a terrorist organization’ are unreasonably one-sided to the extent that Palestinian moral, political, and legal rights of resistance are ignored and Israel’s unlawful policies are not considered. This issue also reveals a serious deficiency in international humanitarian law, especially, as here, in the context of a prolonged occupation that includes many violations of the most fundamental and inalienable rights of an occupied people. The prerogatives of states are upheld, while those of peoples are overlooked or treated as non-existent.

It is also relevant to take note of the absence of alternative means available to the Palestinians to uphold their rights under international law and to challenge the abuses embedded in Israeli occupation policies. Israel with its drones, Apache helicopters, F-16 fighter aircraft, Iron Dome, and so forth enjoys the luxury of choosing its targets at will, but Palestinians have no such option. For them it is either using the primitive and indiscriminate weaponry at their disposal or essentially giving in to an intolerable status quo. To repeat, this does not make Hamas rockets lawful, but does it make such reliance wrong, given the overall context of violence that includes absolute impunity for Israeli violations of international criminal law? What are we to do with international law when it is invoked only to control the behavior of the weaker party?

It gives perspective to imagine the situation being reversed as it was during the Nazi occupation of France or the Netherlands during World War II. Resistance fighters were uniformly perceived in the liberal West as unconditional heroes, and no critical attention was given as to whether the tactics used unduly imperiled innocent civilian lives. Those who lost their lives in such a resistance were honored as martyrs. Mashaal and other Hamas leaders have made similar arguments on several occasions, in effect asking what Palestinians are supposed to do in the exercise of resistance given their circumstances, which have persisted for so long, given the failures of traditional diplomacy and the UN to secure their rights under international law.

In effect, a sensitive appreciation of context is crucial for a proper understanding, which makes self-satisfied condemnations of the views and tactics of Hamas and Khaled Mashaal misleading and, if heeded, condemns the parties to a destiny of perpetual conflict. The Western mainstream media doesn’t help by presenting the rocket attacks as if taking place in a vacuum, and without relevant Israeli provocations. Of course, Israeli supporters will retort that it is easy to make such assessments from a safe distance, but what is a safe distance? “The risks are ours alone,” they will say with a somewhat understandable hostility. But what about the horrible Palestinian circumstances, are they not also entitled to redress?

Is there a way out of such tragic dilemmas? In my view, only when the stronger side militarily treats ‘the other’ as having grievances and rights, and recognizes that the security of ‘the self’ must be based on mutuality, will sustainable peace have a chance. In this conflict, the Israelis missed a huge opportunity to move in this direction when the weaker Palestinian side made a historic concession by limiting its political ambition to Occupied Palestine (22% of historic Palestine, less than half of what the UN partition plan proposed in 1947) in accord with the consensus image of a solution embodied in Security Council Resolution 242. Instead Israel has sought to encroach further and further on that Palestinian remnant by way of its settlements, separation wall, apartheid roads, and annexationist moves, offering the Palestinians no alternative to oppression than resistance.  It is no wonder that even the accommodationist Palestinian Authority supported the recent Hamas anniversary celebrations, and joined in proclaiming an intention to reconcile, reuniting Hamas and Fatah under the umbrella of the Palestine Liberation Organization.

It is possible to react to the Gaza speech of Khaled Mashaal as the definitive expression of the Hamas creed, but it seems premature and unwise to do so. Instead, it is time to give a balanced diplomacy a chance if indeed there is any political space left for the implementation of the two-state consensus, and if there isn’t, then it is time to explore alternatives, including a return to a unified Palestine that is governed in accordance with human rights standards and international law. If this diplomatic dead end is the stark reality as of 2012, then it must be concluded that the overreaching by the Zionist leadership in Israel, especially its insistence on viewing the West Bank and East Jerusalem as integral to biblical Israel, referencing the former as ‘Judea and Samaria’ and the latter as the eternal Jewish capital, has itself undermined the political, moral, and legal viability of the Zionist Project. These alternative options should long ago have been clarified, and now, by taking to heart ‘the peaceful alternative’ depicted by Mashaal, especially in the aftermath of the General Assembly endorsement of Palestinian statehood and signs of an incipient Palestinian unity, there is one last opportunity to do so, should peace-oriented perspectives on the conflict be given a chance, however remote, to guide our thinking, feelings, and actions.