The Perfect and the Good

February 11, 2016 § 5 Comments

Labor leader Buji Herzog did something unusual this week for a man who leads Israel’s traditionally largest party on the left. He got the party of Yitzhak Rabin and Oslo, of Ehud Barak and Camp David, to temporarily throw in the towel on the peace process and negotiations, and to embrace unilateral separation from the Palestinians instead. Herzog’s plan calls for Israel to freeze all building outside the settlement blocs, retain the blocs, and complete the security fence in order to establish a provisional border; convert parts of Area C to Area B, thereby transferring administrative control to the Palestinian Authority; and separating Palestinian neighborhoods of East Jerusalem from the Jerusalem municipality. The plan is predicated on the principle that a two-state vision is currently impossible to implement under the framework of permanent status negotiations, and that the only path forward is to preserve the two-state vision while doing everything possible to separate from the Palestinians until the environment is more conducive to negotiations. As someone who wrote with Jordan Hirsch in Foreign Affairs in August 2014 that Israel should unilaterally pull out of the West Bank and kill the peace process in order to save the two-state solution, Herzog’s general approach here is one that I favor.

But the plan has many vocal critics who raise valid concerns. Within Labor itself, former Labor leader Shelley Yachimovich has come out against it and is likely to use opposition to the plan as a springboard to challenge Herzog for the party leadership. While Yachimovich is motivated as much by politics as anything else, other critics on the left have pointed to specific aspects of the plan that they contend will cut off Palestinians from the Old City of Jerusalem, or make it harder for the Palestinians to get the land swaps they want in return for Israel annexing the blocs, or doom the two-state solution by abandoning it and empowering the current government. What much of this boils down to is opposition to Herzog’s attempts at triangulation; ditching the formula of permanent status negotiations, which is the only way of arriving at a fair and equitable solution for all sides, in favor of a stopgap strategy that will make some things better and other things worse but certainly prioritize Israel’s interests at the Palestinians’ expense.

These arguments carry a lot of weight. Any temporary measure that ends up making the situation in Jerusalem worse or turns into a permanent land grab is ultimately not sustainable. Nevertheless, I think Herzog’s measure can theoretically be a good initial step if it is done right. In order to do it right, it will also have to incorporate three Ds – define, develop, and defend. Without these, its critics are correct that it will only establish facts on the ground without moving the two sides closer to a sustainable and permanent solution.

Any plan that effectively prioritizes the settlement blocs while freezing settlement activity outside of them can only work if the blocs are defined. Everyone throws the term “blocs” around as if they constitute an agreed-upon area, but it means different things to different people. The blocs that Israel will keep in any permanent status negotiation need to be identified definitively; for instance, including the Etzion bloc as part of Israel is an easy one, but Ariel juts much farther out into the West Bank, so does a settlement freeze outside the blocs include or exclude Ariel? Furthermore, once it is settled just which blocs we are talking about, the precise borders of each bloc need to be delineated so that they don’t keep on expanding and swallow up more of the land that will go to an eventual Palestinian state. Without defining the blocs, calling for a settlement freeze outside of them is an empty gesture.

Separating from the Palestinians without a plan to develop the West Bank is another necessary condition for the success of a unilateral strategy. Herzog hints at this through his recommendation to enlarge Area B at the expense of Area C, but it can’t simply be foisting more responsibility on the Palestinian Authority and then dusting off your hands. It must also include exponential expansion of the building permits granted to Palestinians in Area C – of which only one was granted in all of 2014 – while eliminating the absurd amounts of red tape that cause goods for Palestinian towns to languish in Israeli ports (such as pipes for the new reservoir that is supposed to supply Bethlehem with water). Without building up the West Bank economy and actually giving it a chance to flourish, separation will do nothing but create a boiling cauldron on the Palestinian side of the fence.

Finally and most crucially, for any unilateral separation to eventually result in a genuine two-state outcome, defense of Israel and security issues must be addressed. The reason that Bibi Netanyahu wins election after election is because, irrespective of anything else that goes on, he has his pulse on Israelis’ psyches and the genuine fear that has dominated Israeli life since the Second Intifada. Israelis are not willing to play games with security, and no Israeli government will ever be party to the creation of a Palestinian state unless and until Israelis feel assured that the West Bank will not present a permanent security threat. This means that if unilateral separation is supposed to move Israel toward two states while waiting for a more opportune moment to resume negotiations – and I don’t doubt that this is Herzog’s wish and intention – then there must be continued coordination with the PA security forces, a robust plan for how to secure the Jordan Valley, and a mechanism for correcting the currently wholly inadequate Palestinian police coverage in Areas A and B. Defending Israelis’ daily security and providing them with a sense of calm in the aftermath of any unilateral separation is the only way to build enough trust in laying the groundwork on the Israeli side for a negotiated solution in the future.

When thinking about two states, a common mistake is to conflate the peace process with the two-state solution. Tom Friedman committed this cardinal error just yesterday, writing that because the peace process is dead, the two-state solution dies with it. They aren’t the same thing. The peace process is the perfect ideal, while the two-state solution is a good result. Any viable plan has to take the politics of the moment into account, and the politics of the moment clearly dictate that pushing negotiations on two unwilling parties is an unmitigated disaster. One can take the Netanyahu approach, which is to sit on one’s hands and do nothing, or one can try to advance an alternative that is highly suboptimal but that beats the status quo. I would rather see the latter option be tried rather than continuing to sacrifice the good on the altar of the perfect.

Israel’s Head-Scratching Response To The EU

July 17, 2013 § 9 Comments

It has been a puzzling couple of days when it comes to Israel’s foreign relations. The big story dominating newspaper headlines in Israel and causing a general uproar is the new European Union guidelines setting forth the policy of the EU not to have any dealings in the West Bank, East Jerusalem, or the Golan, and requiring EU agreements with Israel to contain a clause explicitly stating that the settlements are not part of Israel. This has predictably and understandably caused much angst in all reaches of the Israeli government, with Prime Minister Netanyahu angrily stating that Israel will not accept any “foreign dictates” about its borders and making clear that he thinks harping on settlements is absurd when there are more pressing regional problems such as the Syrian civil war and the Iranian nuclear program. In the meantime, government ministers are calling for retaliation against the EU such as limiting EU diplomats’ travel in the West Bank, and despite the fact that the new regulations appear not to be quite as far reaching as first reported and are only binding on EU institutions rather than on member states individually, this is a diplomatic crisis of first-rate proportions that is unlikely to die down anytime soon.

While the Israeli government appears to have been caught off-guard by this decision – which, by the way, is what happens when you eviscerate the Foreign Ministry and don’t even bother to appoint a separate Foreign Minister other than Netanyahu himself – it should have seen this coming a mile away. As Brent Sasley noted yesterday, this is only the latest signal in a long line of them that the international community in general and the EU in particular takes settlements seriously and sees them as a real and genuine obstacle to peace between the Israelis and the Palestinians. Now, the Israeli government and outside observers can rage all day that settlements are not the primary cause of the conflict, and there is a large measure of truth to this, but there are two important things to keep in mind. First, just because settlements may not have caused the conflict does not mean that they aren’t exacerbating it, and second, the key here is that Israel is suffering because much of the world believes that the settlements are indeed the main problem and will not be convinced otherwise. It is this second reason that is germane here, because as long as the EU, which is Israel’s largest trading partner, holds this view of things, Israel is going to deal with increasingly onerous efforts to get it to change its ways. The next step is going to be specially labeling goods produced in the settlements, or expanding these new regulations to cover trade rather than just grants, prizes, and financial instruments, or requiring settlers to get special visas to travel to EU countries. Israel can get as angry as it likes, but making reciprocal threats against the EU or loudly denouncing the Europeans as biased is going to get Israel absolutely nowhere, and it’s a shame that Netanyahu is still too blind to realize that what he is doing will not ease Israel’s burden one iota. I understand the Israeli government’s anger here, particularly when it comes to East Jerusalem, and I am certain that announcing these regulations just when it seems that John Kerry is on the verge of convincing the Palestinians to come back to the negotiating table without preconditions will doom those efforts entirely. After all, if the EU is now demanding that Israel acknowledge in agreements that the settlements are not part of Israel, why should Mahmoud Abbas negotiate that point with the Israelis at all?

Nevertheless, Israel has to deal with the situation as it is, not as it wishes it to be. In a perfect world as far as the Netanyahu government is concerned, the EU would focus its ire on Tehran for the violations of international agreements it has committed in its pursuit of its nuclear program and leave the settlements on the back burner. This, however, is wishful thinking, and the over the top admonishments and hectoring of the EU accomplishes absolutely nothing. If Netanyahu were smart, he would have downplayed this entire thing, kept his head down, and resumed working toward getting back to negotiating or even unilaterally withdrawing from the West Bank entirely. Instead, he made it crystal clear that Israel will not change its policies or back down in the face of pressure, and that nobody will lecture Israel on what it must do. That’s all fine and good, and Netanyahu can do whatever he pleases, but do not for one second think that Israel’s situation is going to improve absent some change of policy on its part. Netanyahu can either continue living in his fantasy land of griping and complaining about the rest of the world, or he can come to grips with the reality of things and work to improve his country’s international standing. Israel’s being singled out may not be fair and it may feel good to lash out against what the government sees as its tormentors, but being the grownup in the room means recognizing the situation for what it is, acknowledging that some things cannot be changed no matter how much you wish it otherwise, and figuring out the best solution for moving forward. This has nothing to do with blaming Israel, not recognizing the Palestinians’ agency, moral equivalence, rewarding bad behavior, or anything else; it is a simple reckoning of the world as it exists and trying to improve things within the parameters that Israel has been dealt. With regard to the dispute with the EU, let’s hope that Netanyahu has an epiphany on this sooner rather than later.

The Prospects For Real Peace Talks

February 13, 2013 § 2 Comments

I wrote about this topic last week from the U.S. perspective in light of President Obama’s forthcoming trip to Israel, but from the standpoint of Israel politics some comments yesterday from Yair Lapid and Naftali Bennett are worth highlighting in assessing what movement we can expect to see on the peace process from the next Israeli government. As faithful O&Z readers know, I am fairly confident that Yesh Atid and Habayit Hayehudi will be in the coalition, and I am also fairly confident that Yair Lapid cares a lot more about the military draft issue than he does about the peace process and that he should not be viewed as the great savior of the peace camp and the two state solution. In light of this, let’s consider some facts that are emerging about the coalition talks and some things that were said by Lapid and Bennett yesterday in different forums.

To begin with, Lapid and Bennett have negotiated a deal that binds their fates together so that either Yesh Atid and Habayit Hayehudi will both be in the government or both parties will stay out. While Bibi Netanyahu is frantically trying to peel Bennett away from Lapid by making him extravagant but exploding offers, so far Bennett appears to be resistant to go back on his agreement with Lapid. This is interesting, because obviously Likud is more of a natural partner for Habayit Hayehudi than Yesh Atid is as Netanyahu and Bennett are closer ideologically – despite their history of personal issues – than Bennett and Lapid are. The one issue on which HH and YA are closer on is the issue of the draft and equalizing the burden of service, which suggests that it is the issue most important to both Lapid and Bennett and the one on which both parties are most reluctant to back down. Lots of attention has been paid to Lapid’s pledge that he is guided by overhauling the draft and reanimating the peace process and that he will not join a government that does not agree to do both, but in tying his fate to Bennett’s, he is signaling that one of those issues is far more important to him than the other and that the peace process condition is more about lip service than anything else.

Then there were Lapid’s remarks yesterday before the Conference of Presidents of Major American Jewish Organizations meeting in Jerusalem, in which he said that Ehud Olmert had gone too far in his concessions toward the Palestinians while prime minister, that Jerusalem could never be divided in his view, and that the Palestinians were going to have to accept an interim semi-state within temporary borders subject to future revision. Now, none of this makes Lapid a fire-breathing Greater Israel supporter, but it also does not make him the great champion of the two state solution that some think he is. Not agreeing to a Palestinian capital in East Jerusalem and talking about interim agreements are both positions that probably make peace talks doomed to fail before they even begin. The interim agreement is the bigger hurdle of these two, since while Jerusalem can be negotiated over during talks, no Palestinian government at this point will even come to the table for talks that deal with anything less than a final status agreement. This is the ultimate display of someone trying to cultivate a more left-wing image without adopting any policies to match. Again, this does not make Lapid an extremist or out of line with mainstream Israeli popular opinion, but it also does not make him the next Yitzhak Rabin.

Lapid’s new best friend also had some things of his own to say about the prospects of a Palestinian state yesterday, but in a much more straightforward way. In a Knesset speech, Bennett said that “there is no room” for a Palestinian state, that it will never happen, and that the government needs to say with finality that the Land of Israel belongs to the people of Israel. Nobody has ever had any illusions about Bennett’s views on the peace process and the two state solution so this does not come as a surprise, but the important takeaway here is that Lapid knows full well what Bennett’s views are and has still hitched his wagon to Bennett’s. Irrespective of whatever his own personal views may be, it is difficult from a political perspective to think that Lapid is committed to real negotiations when he will only go into the government if Bennett goes as well. Taking all of these factors into consideration, even if Tzipi Livni bring Hatnua into the government nobody should be getting their hopes up too high for a big diplomatic push on the horizon.

Following Up On E1 And A Unity Government

January 4, 2013 § 2 Comments

There are a couple of news items today related to two predictions I made last month – that Israel is not actually going to build in E1 and that there is a decent likelihood of a Likud-Labor unity government after the elections in a couple of weeks – so I figured I’d take the opportunity to revisit the topics and see where things currently stand.

In the E1 department, Netanyahu has delayed the plans for building despite the Defense Ministry approving the blueprints and the Civil Administration approving the plans. Predictably, this has raised rightwing ire as there is no word as to when the prime minister’s office is going to file the plans with the zoning committee or what is causing the delay. As you may recall, I argued that this is precisely what was going to happen:

The reason for this is that building homes in E1 has been a longstanding red line for both the United States and the European Union, and that line won’t dissipate just because the Palestinian Authority decided to defy Israeli and American wishes against pursuing a statehood claim at the U.N. The U.S. response to the E1 announcement was unambiguous, labeling it counterproductive and a threat to the two-state solution, and pointing out that settlement building in E1 makes direct negotiations harder, which is a not-so-subtle reminder that this is the exact charge Israel has leveled at the Palestinians over the U.N. strategy…

The U.N. vote came as a surprise to Jerusalem, and Netanyahu knows that actually sending construction crews and cement mixers into E1 will worsen Israel’s image problem. I also imagine that there have been some extremely unpleasant conversations with White House and State Department officials this past weekend given that the E1 announcement came on the heels of unwavering American support over Gaza and at the U.N. As dedicated as Netanyahu has been to the settlement project, even he must now realize that building Mevaseret Adumim is a bridge too far…

Following the embarrassingly lopsided U.N. vote and the criticism from his right that he did not go far enough during Operation Pillar of Cloud, Netanyahu needed to make a big gesture before the January 22 election to demonstrate that he is committed to settlements and that he will not take the PA’s new statehood status in stride. E1 is an enormous deal to the settler wing of Likud, and declaring a new planning and zoning stage is red meat to Israeli right-wing partisans in a variety of camps, whether they be pro-settlements or have a religious or nationalist attachment to an eternal undivided Jerusalem.

The fact that this—just like the Levy Report—is an announcement that will never be acted upon does not negate the fact that it is good politics for Netanyahu. He is going to perform a delicate balancing act, in which he doubles down on settlementsfor a domestic audience while assuring the U.S. and the EU that E1 will remain a barren tract of land.

What has changed since I wrote this is that Naftali Bennett’s Habayit Hayehudi party has skyrocketed in the polls while Likud-Beiteinu has plummeted. The latest poll of polls has LB at 34 Knesset seats and HH at 14.5, which is the continuation of the trend of HH gaining about one seat a week and LB losing about one seat a week in opinion polling. When Netanyahu decided to create the joint Likud-Yisrael Beiteinu list, the idea was to co-opt Lieberman from taking away votes on his right, but he did not foresee another rightwing party posing a serious challenge and siphoning away votes from the LB creation. Now he is dealing with a serious HH presence in the next Knesset, which might be enough of a scare to change his E1 decision. Despite this, I am holding to my original prediction, because while Likud-Beiteinu is going to be a lot weaker electorally than Netanyahu originally envisioned, it does not change the fact that E1 is still a much bigger deal for the U.S. and Europe than almost any other settlement in the West Bank. What I think we are likely to see is Netanyahu keep E1 on the back burner while fast tracking building in East Jerusalem neighborhoods such as Gilo and Har Homa, which will mollify rightwingers somewhat without risking an enormous clash with Western states.

On the unity government front, Labor leader Shelley Yachimovich yesterday indicated that she will not join a Likud government which at first glance seems to blow up my previous analysis. A few point to keep in mind, however, before deciding that Labor is definitively going to be in the opposition. First, Israeli opposition politicians are notorious for blasting the prime minister and making claims about never joining the government right before doing exactly that. For a recent example, go back and look at what Shaul Mofaz was saying about Netanyahu and Likud last spring literally just days before agreeing to form a unity government with Likud. Whatever Yachimovich says know in the heat of an election campaign should be taken with a grain of salt.

Second, in parsing what Yachimovich said, contrary to the reporting and the headlines she actually did not definitely rule out anything and gave herself lots of wiggle room. She said that she wants to be prime minister but that she will lead the opposition if she’s not, and explicitly made clear that she had decided not to join the coalition because of recent radical positions taken by Likud and because of Netanyahu’s embrace of Avigdor Lieberman. According to her, under the current circumstances she cannot work with Likud because “this is not the Likud we all know.” This formulation is expressly designed so that it can be walked back if needed. After the election, with Lieberman’s status uncertain and the electioneering over, Yachimovich can easily say that she has spoken with Netanyahu and that they have agreed on a set of broad principles, coupled with a statement or two from Netanyahu reaffirming his commitment to a two-state solution and finding a solution to the problem of social inequality. Framing her opposition to joining a Likud-led coalition in the terms that she has is not a categorical denial that she will ever agree to form a unity government, but rather a very temporary hurdle that she can dismantle anytime she wants. All that needs to be done is to declare that Likud is actually more reasonable than she originally thought and that she is joining the coalition because it is in the best interests of the country. A General Sherman type blanket denial this was not. Does this mean that a unity government is guaranteed to happen? Of course not, since the fact still remains that Likud and Labor have many sharp disagreements and the coalition politics might be tricky. All I’m saying is that yesterday’s statement does not rule out the possibility.

Rightwing Competition And Settlements

December 20, 2012 § Leave a comment

I wrote a piece for the Atlantic yesterday about how Israel’s recent announcements on settlements in the West Bank and building in East Jerusalem is widely viewed as an effort to punish the Palestinians in the wake of their statehood bid at the UN, but that’s not the only thing driving Israeli policy. The sudden emergence of serious competitors on Bibi Netanyahu’s right flank accounts for much of what is going on as well. Here’s a teaser:

Over the past few weeks, the Israeli government has been on a building spree. First came word that planning and zoning would begin for E1, a controversial move that would further encircle East Jerusalem with settlements — cutting off from the West Bank the part of the city Palestinians demand to be the capital of their future state. As part of the same announcement, Israel said that it was going to build more housing in other parts of the West Bank as well.

This week, the government approved 1500 new housing units in the Ramat Shlomo neighborhood in East Jerusalem — the same housing units whose initial announcement in 2010 during Vice President Biden’s visit to Israel caused a temporary rift between the United States and Israel and Hilary Clinton’s chewing-out of Prime Minister Binyamin Netanyahu. The Interior Ministry and the Jerusalem Local Committee are also expected to approve plans to build in Givat Hamatos and Gilo this week, both of which are new Jerusalem neighborhoods that are also across the 1967 armistice line that divides East and West Jerusalem.

This is all taking place despite enormous pressure and condemnation from Western countries, who are not happy with the escalation of Israeli plans to expand settlements or to build up Jerusalem neighborhoods that challenge the viability of a future Palestinian state. Britain, France, Germany, and Portugal are about to formally condemn Israel over its East Jerusalem building plans, and the 14 non-American members of the United Nations Security Council are going to do the same. Even the United States seems to have lost its usual patience with the Israeli government, deeming the new building announcements part of a “pattern of provocative action” that endangers the peace process and the two-state solution. Israel seems hell-bent on isolating itself over the settlement issue, and appears determined to move ahead with plans for both the West Bank and East Jerusalem no matter the cost.

It is easy to chalk this up to Israel’s fury with the Palestinian Authority’s statehood bid at the United Nations, as the E1 announcement came the day after the vote, amidst stated determination on Israel’s part to punish the Palestinians for pursuing unilateral moves outside of the Oslo framework. “We felt if the Palestinians were taking unilateral action in the UN, we had to also send the message that we could take unilateral actions,” Israeli ambassador to the US Michael Oren said this week, making the connection explicit.

Yet, this does not account for the scope of the recent Israeli announcements, or for the seeming recklessness of drawing real anger and censure from Israel’s Western allies immediately following American and EU support during Operation Pillar of Cloud in Gaza. There is indeed something else going on here, and it has nothing to do with the Palestinians and everything to do with the political jockeying taking place on the right of Israel’s political spectrum before Israelis go to the polls on January 22 to elect their next government.

To read the article in its entirety, please click over to the Atlantic’s website.

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