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18 - The Checkpoint

from Part II - ICC Judgments Reimagined

Published online by Cambridge University Press:  20 July 2025

Kcasey McLoughlin
Affiliation:
The University of Newcastle, Australia
Rosemary Grey
Affiliation:
University of Sydney
Louise Chappell
Affiliation:
University of New South Wales, Sydney
Suzanne Varrall
Affiliation:
University of New South Wales, Sydney

Summary

  • Hey. Psst.

  • Ya zalameh? Psst.

  • Did you hear about the pregnant woman?

  • The one who gave birth to a stillborn right here?

  • They say it took the ambulance four hours – four hours – to drive two kilometres.

  • Ya zalameh? Psst.

  • Can you hear me? I’m talking to you.

  • *

  • Stillborn or not … You don’t say a thing.

  • You don’t want to talk to the other Palestinian man in line because hopefully at least one of you will make it out.

  • Or hopefully, he won’t drag you down if he doesn’t.

  • *

  • YOU! AT THE BACK. WITH THE BIG MOUTH. QUIET!

  • DID I TELL YOU YOU CAN TALK?

  • SHUT UP!

  • STAND OVER THERE. DON’T MOVE.

  • DON’T EVEN BREATHE.

  • *

  • How long have you been waiting?

  • I just got here.

  • How long have you been waiting?

  • A few hours.

  • How long have you been waiting?

  • All night.

  • How long have you been waiting?

  • Since the day I was born.

  • *

  • YOU. STOP. YOU’RE NOT ALLOWED.

  • EVEN YOUR SHADOW WILL NOT PASS THROUGH.

  • NO, I’M NOT INTERESTED IN WHAT YOU HAVE TO SAY.

  • STOP. YOU WANNA GET SMART WITH ME? I WILL SHOOT YOU.

  • COME BACK TOMORROW. TODAY IS NOT YOUR DAY.

  • *

  • You breathe when they tell you to breathe. And you calmly nod and smile.

  • That right there is resistance. It is survival.

Information

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2025
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

18 The Checkpoint

Prelude

  • Hey. Psst.

  • Ya zalameh? Psst.

  • Did you hear about the pregnant woman?

  • The one who gave birth to a stillborn right here?

  • They say it took the ambulance four hours – four hours – to drive two kilometres.

  • Ya zalameh? Psst.

  • Can you hear me? I’m talking to you.

  • *

  • Stillborn or not … You don’t say a thing.

  • You don’t want to talk to the other Palestinian man in line because hopefully at least one of you will make it out.

  • Or hopefully, he won’t drag you down if he doesn’t.

  • *

  • YOU! AT THE BACK. WITH THE BIG MOUTH. QUIET!

  • DID I TELL YOU YOU CAN TALK?

  • SHUT UP!

  • STAND OVER THERE. DON’T MOVE.

  • DON’T EVEN BREATHE.

  • *

  • How long have you been waiting?

  • I just got here.

  • How long have you been waiting?

  • A few hours.

  • How long have you been waiting?

  • All night.

  • How long have you been waiting?

  • Since the day I was born.

  • *

  • YOU. STOP. YOU’RE NOT ALLOWED.

  • EVEN YOUR SHADOW WILL NOT PASS THROUGH.

  • NO, I’M NOT INTERESTED IN WHAT YOU HAVE TO SAY.

  • STOP. YOU WANNA GET SMART WITH ME? I WILL SHOOT YOU.

  • COME BACK TOMORROW. TODAY IS NOT YOUR DAY.

  • *

  • You breathe when they tell you to breathe. And you calmly nod and smile.

  • That right there is resistance. It is survival.

Reading Darwish at Qalandia

  • A woman is standing too close behind me in this

  • swollen crowd, her breath foggy on my neck.

  • I thumb the pages of my book

  • and sigh loudly. She sighs back.

  • And I can feel all the ghosts through

  • the towers of barbed wire and cameras:

  • The baba holding his clothes up like a flag

  • at the guards behind the tinted glass.

  • The student eager to make it to the final exam,

  • her messy bun in place with pencils.

  • The Teta, ready since the rooster sang sunrise in,

  • with her long-awaited permit to begin chemotherapy.

  • The devoted husband on his wedding day, he doesn’t know

  • his body will be a bargaining chip held hostage by authorities.

  • The young man with autism who was chased

  • and shot on the spot by police. Investigation pending.

  • And I think of Cassius Turvey, fifteen-year-old Indigenous boy

  • who was punched and stabbed simply for being Black.

  • Palestinians know about going to school

  • and not making it back.

  • Palestinians know about bulldozers demolishing villages

  • and settlers torching trees, homes, and shops.

  • No resolution, no report, no textbook has

  • been able to stop the violence or remedy the wrongs.

  • No amount of objections and condemnations have saved

  • the twelve-year-old boy from the military court system.

  • The official explanations will state that this twelve-year-old

  • boy is undoubtedly the assailant in this story.

  • And I think about how he will be blindfolded,

  • thrown in solitary confinement without food or water,

  • tried as an adult for a traffic offence,

  • convicted in a language not his own.

  • The evidence – REDACTED

  • His rights – REDACTED

  • His childhood – REDACTED

  • At Qalandia, the soldier cradles his Uzi unrelentingly,

  • like an instrument he is performing,

  • the olive branch insignia on his uniform glimmers

  • in the haze of lights and multilingual

  • Ramadan greetings signs behind him.

  • I think of Article 7 of the Rome Statute:

  • the crime of apartheid,

  • and all the other rules, customs, and conventions

  • that missed the irony.

  • We find ways to survive this daily exercise

  • in humiliation, to numb infinite time. Each

  • moment any of us remains alive is a miracle.

  • The soldier turns to his comrade just starting a shift

  • and smiles hello, revealing teeth that match their belts

  • of ammo. They talk about the settlements that are expanding.

  • ‘Thank God for cheap social housing’,

  • but no God gave them this land,

  • and no God made us the cattle in this allegory.

  • Just law and policy. The neat and natural geometry,

  • the architected ‘safety’, all this freedom is illusory.

  • The very things keeping us out, keep you in.

  • I think of peace talks and frameworks and negotiations,

  • contradictory definitions and competing legal and political interpretations.

  • Of terms like ‘conflict’ and ‘ethnic cleansing’ and ‘casualty’

  • that have sanctioned seventy-five years of this.

  • Of whole cities/towns/villages/valleys split in bantustans and quarters.

  • We grow oranges in our backyards and guerrillas on our balconies.

  • Power constructs borders, the faultlines of global empires.

  • I think of Jerusalem, al-Quds.

  • Of the boot soles on necks young and old in Sheikh Jarrah,

  • of the mobs with bats chanting ‘death to Arabs’,

  • of the occupying forces besieging al-Aqsa mosque,

  • prayers and bullets ricocheting off its ancient walls.

  • I think of Gaza, the forty-five-kilometre-long strip by the sea.

  • Of another aerial bombardment disrupting medical supplies and electricity.

  • Of schools, hospitals, highways, and media organisations flattened to ‘collateral damage’.

  • Where the water is contaminated and the food rots and the people consume it anyway.

  • I think of Akka and Haifa and An-Nasira.

  • Of the Palestinian residents called ‘second-class citizens’

  • who must pay taxes but still face an environmental crisis,

  • piles of used needles, plastic bags, and garbage spilling on their streets.

  • Where ‘democracy’ means no accountability for war crimes,

  • and the same fascist government is voted in for a fifth time

  • and no one seems to mind the International Criminal Court’s jurisdiction.

  • The people march against ‘right wing’ and corruption

  • with little thought for the millions living under occupation.

  • I think of Ramallah, the so-called capital of a ‘future state’.

  • Of children selling lemonade in sweltering afternoon traffic,

  • of peeling yellow taxis and the rolling fruit and vegetable carts that feed families.

  • Of the ugly concrete wall looming twenty years after the International Court of Justice’s Advisory Opinion,

  • Of whole neighbourhoods fractured and farms confiscated and social services isolated and somehow our subjugation is still up for debate.

  • How do we not dissolve under this unbearable weight?

  • Then I think of the ruptures. ‘The reservoirs of hope.’

  • The refusals. Those who keep rising from the rubble.

  • The ratification of the First Additional Protocol

  • recognised my people and all people fighting against

  • colonial domination, alien occupation or racist regimes.

  • We need more than stock photos of refugees from Balata to Jenin.

  • We need more than another fundraiser,

  • than another NGO worker,

  • than another journalist,

  • we need more than another poem.

  • Still, I frantically flip through the pages of

  • my book. Reading Darwish at Qalandia

  • is a provocation and words are

  • the sharpest weapon I wield.

  • I confront the bare iron grids,

  • they are bone waiting for skin,

  • the toothed bars not wide enough

  • to squeeze a single orange in.

  • And I think of the generations of Palestinian women

  • who march in our name, banners and fists raised.

  • Who won’t accept a piecemeal or a truncation

  • Who fight on every front for our self-determination. Who birth revolutions.

  • Who are building with other women from Turtle Island to so-called Australia.

  • Who are questioning, deconstructing, scratching off old laws,

  • breaking this apart so they can put it together …

  • finally, justice for us all.

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