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Khalil's wife said that "officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
The family of Mahmoud Khalil, a legal permanent resident of the United States now at risk of deportation because he helped lead pro-Palestinian protests at Columbia University last spring, on Friday released a video of his recent arrest by U.S. Department of Homeland Security agents in New York City, which has sparked legal battles and protests.
"You're watching the most terrifying moment of my life," Khalil's wife, Noor, said in a statement about the two-minute video. "This felt like a kidnapping because it was: Officers in plain clothes—who refused to show us a warrant, speak with our attorney, or even tell us their names—forced my husband into an unmarked car and took him away from me."
"Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
"They threatened to take me too, even though we were calm and fully cooperating. For the next 38 hours after this video, neither I or our lawyers knew where Mahmoud was being held. Now, he's over 1,000 miles from home, still being wrongfully detained by U.S. immigration," said Noor, whose husband is detained at a facility in Jena, Louisiana.
Noor, who is eight months pregnant, noted that "Mahmoud has repeatedly warned of growing threats from Columbia University and the U.S. government unjustly targeting students who want to see an end to Israel's genocide in Gaza. Now, the Trump administration and DHS are targeting him, and other students too."
"Mahmoud is clearly the first of many to be illegally repressed for their speech in support of Palestinian rights," she added. "Everyone should be alarmed and urgently calling for the freedom of Mahmoud and all other students under attack for their advocacy for Palestinian human rights."
Khalil, who finished his graduate studies at Columbia in December, is an Algerian citizen of Palestinian descent. He was living in the United States with a green card until his arrest on Saturday. In response to a filing by his legal team—which includes Amy Greer from Dratel & Lewis, the Center for Constitutional Rights (CCR), and the Creating Law Enforcement Accountability & Responsibility (CLEAR) project—a judge has temporarily blocked his deportation.
The ACLU and its New York arm have joined Khalil's legal team, and his attorneys filed an amended petition and complaint on Thursday. NYCLU executive director Donna Lieberman said that with the new "filing, we are making it crystal clear that no president can arrest, detain, or deport anyone for disagreeing with the government. The Trump administration has selectively targeted Mr. Khalil, a student, husband, and father-to-be who has not been accused of a single crime, to send a message of just how far they will go to crack down on dissent."
"But we at the NYCLU and ACLU won't stand for it—under the Constitution, the Trump administration has no basis to continue this cruel weaponization of Mr. Khalil's life," Lieberman added. "The court must release Mr. Khalil immediately and let him go home to his family in New York, where he belongs. Ideas are not illegal, and dissent is not grounds for deportation."
Samah Sisay of CCR reiterated those messages as the arrest video circulated on Friday, saying that "Mr. Khalil was taken by plainclothes DHS agents in front of his pregnant wife without any legal justification. Mr. Khalil must be freed because the government cannot use these coercive tactics to unlawfully suppress his First Amendment protected speech in support of Palestinian rights."
Attempts to develop independent Palestinian economic growth through the Builders for Peace program 30 years ago were derailed by Israeli restrictions.
When I first heard President Donald Trump’s “Gaza Riviera” scheme, it brought back memories of the hopes Palestinians had three decades ago during the heyday of the Oslo Accords. Back then, I was serving as co-chair of “Builders for Peace,” a project launched by then-Vice President Al Gore to encourage American businesses to invest in the Palestinian economy to support the fledgling peace process.
We had prepared for our mission by reading the exhaustive World Bank study on the pre-Oslo Palestinian economy. The observations and conclusions were sobering, and yet hopeful. It noted obstacles that stifled the development of a Palestinian economy—problems like: Israel’s control of Palestinian land, resources, and power; its refusal to allow Palestinians to independently import and export; and the impediments Israel had created to Palestinian travel and even to conducting commerce within the occupied lands. The bank, however, concluded that if these Israeli restrictions on Palestinian entrepreneurs were removed, external investment would provide opportunities for rapid growth and prosperity.
We also read Sara Roy’s brilliant study of the cruel measures Israel had implemented to “de-develop” Gaza so as to stifle the development of an independent economy, thereby creating a cheap pool of day laborers for Israeli businesses or a network of small workshops that produced items for export by Israeli companies.
When Yasser Arafat spoke to us of the future of Gaza, he would say that with investment and freedom from occupation it could become Singapore; if denied both, it could become Somalia.
We also made a few exploratory visits to the Occupied Palestinian Territories to meet with business and political leaders to assess the possibilities before us and the challenges we would confront. In short order, both became quite clear.
When the project was ready to launch, my fellow co-chair, Mel Levine, and I led the first of a number of delegations of American business leaders (which included both Arab Americans and American Jews) to the Palestinian lands. Our first exposure to the problems we would encounter came as we attempted to enter via the Allenby Bridge from Jordan. American Jews and others passed easily, while Arab Americans were separated from the group and forced to undergo humiliating screening.
We convened a session in Jerusalem for Palestinians to meet with the Americans interested in investment opportunities, only to discover that in order to enter the city Palestinians had to secure a pass from the occupation authority. Since the passes only permitted them a few hours in the city, the time they were able to devote to our discussions proved limited.
Entry into and exit from Gaza was equally problematic. One scene on leaving Gaza has stayed with me. Hundreds of Palestinian men filled what I can only describe as cattle chutes, waiting in the sun for permission to enter into Israel. Straddling these chutes were young Israeli soldiers shouting at the Palestinians below, ordering them to look down and hold their passes above their heads. It was deeply disturbing.
In both Gaza and the West Bank, our meetings with Palestinian business leaders were hopeful. They were eager to discuss possibilities with their American counterparts, and the Americans were impressed. A number of partnerships were discussed.
Two projects were notable. One sought to manufacture leather products and another to assemble furniture. Both sought to take advantage of Gaza’s proximity to Eastern Europe so as to export there. As both projects required that the Israelis permit import of raw material and export of finished products, both projects failed. It appeared that the Israelis might have been willing to entertain such projects but only if the Americans and Palestinians operated through an Israeli middleman, thereby reducing the profitability of the ventures.
Even opportunities that the U.S. government tried to implement failed. One day I received a call from an official in the Department of Agriculture who told me that they had provided 50,000 bulbs for Gazans to develop a flower export industry. These bulbs he told me had been sitting in an Israeli port for months and were rotting. He said that the department was able to send another 25,000 bulbs but could only do so if the Israelis ensured their entry. This too proved fruitless as Israelis wanted no competition with their flower export industry, and therefore wouldn’t allow a competing Palestinian industry to develop.
After a few frustrating years, I saw then-President Bill Clinton who asked me how the project was developing. I told him about the frustrations we were encountering due to the Israeli impediments on investment in independent Palestinian economic growth. He appeared troubled and asked that I write him a detailed memo. The letter I sent to the president both outlined the specific problems we were facing and my complaint that his peace team was not taking these challenges seriously, as they insisted that any U.S. challenge to the Israelis would impede efforts to promote negotiations for peace. I told the president that since Oslo: Palestinian unemployment had doubled, poverty had risen, and Palestinians hope for peace was evaporating. To my dismay, the response I received from the White House appeared to have been drafted by his peace team, and was no response at all. At the end of Clinton’s first term, Builders for Peace (BfP) was disbanded and with it the hopes for Palestinian independent economic growth.
Over the next decade, absent any U.S. pressure on the Israelis to change their behavior, negotiations between Israelis and Palestinians continued to falter, Palestinians became poorer, Israeli became more emboldened and oppressive, and Palestinian attitudes hardened, leading to renewed violence.
There are two other memories from that period that need to be recalled.
One of the more optimistic projects BfP endorsed was a proposal by a Virginia-based Palestinian-American company to build a Marriott resort on the Gaza beachfront. Securing initial investment, they began construction, starting with the foundation and a massive parking garage. Because of the risks involved, they sought risk insurance from OPIC, the U.S. agency created to guarantee investment against risk. The project was endorsed by then-Secretary of Commerce Ron Brown, a champion of our BfP, and supported by PLO head, Yasser Arafat—both of whom saw the resort hotel as laying the foundation for the future economic growth of a Palestinian state.
When Yasser Arafat spoke to us of the future of Gaza, he would say that with investment and freedom from occupation it could become Singapore; if denied both, it could become Somalia. Israel did everything it could to guarantee that Gaza would become Somalia—and they appear to have succeeded.
Against this backdrop, it was painful to hear of Trump’s insulting plan to build an American-owned Gaza Riviera. It reminded me of what might have been, but, three decades later, is being discussed without benefiting any Palestinians from its development.
There is an opportunity for the international legal and political system to be fixed based on new standards, justice that applies to all, and accountability that is expected from all.
International law is fighting for relevance. The outcome of this fight is likely to change the entire global political dynamics, which were shaped by World War II and sustained through the selective interpretation of the law by dominant countries.
In principle, international law should have always been relevant, if not paramount, in governing the relationships between all countries, large and small, to resolve conflicts before they turn into outright wars. It should also have worked to prevent a return to an era of exploitation that allowed Western colonialism to practically enslave the Global South for hundreds of years.
Unfortunately, international law, which was in theory supposed to reflect global consensus, was hardly dedicated to peace or genuinely invested in the decolonization of the South.
Instead of reconsidering their approach to Israel, and refraining from feeding the war machine, many Western governments lashed out at civil society for merely advocating the enforcement of international law.
From the invasion of Iraq and Afghanistan to the war on Libya and numerous other examples, past and present, the United Nations was often used as a platform for the strong to impose their will on the weak. And whenever smaller countries collectively fought back, as the U.N. General Assembly often does, those with veto power, military, and economic leverage used their advantage to coerce the rest based on the maxim, "Might makes right."
It should therefore hardly be a surprise to see many intellectuals and politicians in the Global South arguing that, aside from paying lip service to peace, human rights, and justice, international law has always been irrelevant.
This irrelevance was put on full display through 15 months of a relentless Israeli genocidal war on Gaza that killed and wounded over 160,000 people, a number that, according to several credible medical journals and studies, is expected to dramatically rise.
Yet, when the International Court of Justice (ICJ) opened an investigation of plausible genocide in Gaza on January 26, followed by a decisive ruling on July 19 regarding the illegality of the Israeli occupation of Palestine, the international system began showing a pulse, however faint. The International Criminal Court's (ICC) arrest warrants were another proof that West-centered legal institutions are capable of change.
The angry American response to all of this was predictable. Washington has been fighting against international accountability for many years. The U.S. Congress under the George W. Bush administration, as early as 2002, passed a law that shielded U.S. soldiers "against criminal prosecution" by the ICC, to which the U.S. is not a party.
The so-called Hague Invasion Act authorized the use of military force to rescue American citizens or military personnel detained by the ICC.
Naturally, many of Washington's measures to pressure, threaten, or punish international institutions have been linked to shielding Israel under various guises.
The global outcry and demands for accountability following Israel's genocide in Gaza, however, have once again put Western governments on the defensive. For the first time, Israel was facing the kind of scrutiny that rendered it, in many respects, a pariah state.
Instead of reconsidering their approach to Israel, and refraining from feeding the war machine, many Western governments lashed out at civil society for merely advocating the enforcement of international law. Those targeted included U.N.-affiliated human rights defenders.
On February 18, German police descended on the Junge Welt venue in Berlin as if they were about to apprehend a notorious criminal. They surrounded the building in full gear, sparking a bizarre drama that should have never taken place in a country that perceives itself as democratic.
The reason behind the security mobilization was none other than Francesca Albanese, an Italian lawyer, an outspoken critic of the Israeli genocide in Gaza, and the current United Nations special rapporteur on the occupied Palestinian territories.
If it were not for the U.N.'s intervention, Albanese could have been arrested simply for demanding that Israel must be held accountable for its crimes against Palestinians.
Germany, however, is not the exception. Other Western powers, lead amongst them the U.S., are actively taking part in this moral crisis. Washington has taken serious and troubling steps, not just to protect Israel, and itself, from accountability to international law, but to punish the very international institutions, its judges, and officials for daring to question Israel's behavior.
Indeed, on February 13, the U.S. sanctioned the ICC's chief prosecutor due to his stance on Israel.
After some hesitance, Karim Khan has done what no other ICC prosecutor had done before: issuing, on November 21, arrest warrants for two Israeli leaders, Prime Minister Benjamin Netanyahu and then-Defense Minister Yoav Gallant. They are currently wanted for "crimes against humanity and war crimes."
The moral crisis deepens when the judges become the accused, as Khan found himself at the receiving end of endless Western media attacks and abuse, in addition to U.S. sanctions.
As disturbing as all of this is, there is a silver lining, specifically an opportunity for the international legal and political system to be fixed based on new standards, justice that applies to all, and accountability that is expected from all.
Those who continue to support Israel have practically disowned international law altogether. The consequences of their decisions are dire. But for the rest of humanity, the Gaza war can be that very opportunity to reconstruct a more equitable world, one that is not molded by the militarily powerful, but by the need to stop senseless killings of innocent children.