Wieseltier Is Right About The Lost Cause That Is The Peace Process
December 10, 2012 § 3 Comments
Leon Wieseltier has penned a eulogy for peace between Israel and the Palestinians in his lifetime, and while this is not going to surprise anyone save the most Pollyannaish dead-enders, it is difficult to conclude that he is wrong. I’ll take it even further and say that absent armed U.S. intervention with the purpose of imposing a solution on the two parties, or concurrent Israeli and Palestinian civil wars, it is unlikely to happen in my lifetime either (and Wieseltier has almost three decades on me). Wieseltier describes peace between Israelis and Palestinians as a lost cause, and he refers to a number of recent events that bolster his case – Hamas rockets, Mahmoud Abbas’s overheated rhetoric at the UN, the E1 settlement announcement, and the alliance between Bibi Netanyahu and Avigdor Lieberman, among others. There is no doubt that the particulars of the last few years, or even the last few months, provide little reason for optimism, and Wieseltier recounts, “People assure me that all this can change if there is the political will to change it; but I do not detect the political will.” This is actually where I disagree with Wieseltier, because he frames the issue as a lack of will or courage, but I think it runs much deeper. We are rapidly getting to the point, if we have not passed it already, where structural conditions make a genuine peace between Israelis and Palestinians impossible without an outside shock to the system, irrespective of who each side’s leaders are and whether they have the will of Rabin, Ghandi, and the Dalai Lama rolled into one.
Not only is the peace process stagnant, the situation is actually getting worse by the day rather than just cruising in a holding pattern. The reason for this is that each side’s position is hardening, but in different ways. On the Israeli side, the problem is literally a structural one, in that Israel is too intertwined in the West Bank to be able to exit it in any comprehensive manner. Let’s say the Israeli government struck a deal tomorrow and agreed to keep a few of the largest settlement blocs in return for proportional land swaps within Israel, and all that needed to be done was to evacuate the rest of the settlements (and to figure out the precise parameters of such a deal, check out this amazing new tool from the S. Daniel Abraham Center for Middle East Peace and the Atlantic that lets you draw borders and see the precise implications in terms of population and percentage of the West Bank). There is just no way that the government could ever carry this out anymore. Gaza was a cakewalk compared to what will be when Israel orders settlers to pick up their stakes and move, and partially this is because the promises that Israel made to Gaza’s settlers on compensation and resettlement have gone unfulfilled. Just look at what happened with Migron, which is a tiny outpost, or the gnashing of teeth over settlers having to evacuate the neighborhood of Ulpana and literally move just down the street. The idea that Israel will be able to just pick up and leave when it finds a suitable negotiating partner on the other side would be a joke if people didn’t actually think it was true. Furthermore, the argument that Israel was able to pull out of Gaza or Yamit and so it will be able to pull out of the West Bank when push comes to shove is at this point hopelessly naive, as if those instances have any real bearing on the situation in the West Bank, or as if Israeli politics and public opinion can just be overcome with a government order to evacuate. This is not a question of political will in the near horizon, but one of whether a certain action can ever be accomplished under any circumstances. I hate to say that I don’t think it can, and trying to do so would ignite a full blown civil war in Israel, with settlers fighting the IDF tooth and nail and a significant portion of Israelis sympathizing with the settlers who were urged and incentivized by their government for decades to go put down roots in the West Bank.
On the Palestinian side, what is being hardened is not necessarily the physical situation on the ground but the ideological situation. For every poll showing a majority of Palestinians supporting peace negotiations there is a poll showing a majority rejecting a two state solution. More worrying than any specific poll is that Hamas now controls Gaza, is making inroads in the West Bank, and smart money is that ten years from now Hamas will be the face of the Palestinians rather than Fatah and the Palestinian Authority (unless Hamas comes to control the PA). Lest you think that Hamas’s views toward Israel and accepting Israel inside the 1967 borders are moderating, Hamas chief Khaled Meshaal wants to make sure that you are aware that Hamas is as radical as ever, as he reiterated to hundreds of thousands of cheering Gazans over the weekend that Hamas will literally fight to the death until Israel is gone. In addition, the apparent decision on the part of Sunni states such as Egypt, Qatar, and Turkey to prop up Hamas and the trend of emerging Islamist governments in the region means that Hamas is only going to grow stronger and be seen as more legitimate, and it follows that the same will happen to its views on negotiating a real two-state solution. Make no mistake, this is even more of a problem – and one that is just as intractable – as the problem I highlighted on the Israeli side, and once again making the problem disappear probably requires a Palestinian civil war, in which a Palestinian Authority led by a committed two-stater like Salam Fayyad defeats Hamas in open warfare.
So, is Wieseltier’s recent essay a depressing one? It is, and not just because one man has decided that the peace process is an irrevocably lost cause. It is depressing because it might be even more of a lost cause than Wieseltier acknowledges, and from where I’m sitting, I don’t see a good way out of the morass absent some terrible infighting and bloodshed on both sides. Ehud Olmert might have convinced some people that all he needed was a few more months and everything would have been solved, but a more realistic assessment suggests otherwise. That doesn’t mean that anyone should stop trying to work toward a two-state solution but it is as much of an uphill battle as exists anywhere.
Cracks Appearing In All Sorts Of Coalitions
June 29, 2012 § Leave a comment
Apparently Bibi Netanyahu’s strategy of expanding his governing coalition in an effort to deal with the crisis precipitated by the Tal Law’s expiration didn’t solve the problem but only kicked it down the road. Following the news that the Plesner Committee, which was charged with coming up with a viable plan to rectify the military and national service exemptions for Haredim and Israeli Arabs, has decided to essentially give Israeli Arabs a free pass, Avigdor Lieberman’s Yisrael Beiteinu party quit the committee. The news that Haredim were going to be treated differently than Israeli Arabs obviously did not sit well with Shas and UTJ either, who were already upset that Shaul Mofaz and Kadima are insisting on severe penalties for draft dodgers that are squarely aimed at the Haredi sector. So in a nutshell, the two sides that were pulling on Netanyahu from opposite ends during the last coalition crisis are now both angry again, and this is all being driven by Kadima, Netanyahu’s new coalition partner that was supposed to give him room to maneuver and put an end to the constant worrying about the coalition breaking apart.
Netanyahu and Mofaz are meeting today in an effort to try and resolve the impasse after the prime minister made clear that he was not ok with the Plesner Committee plan (which is being pushed, if not outright dictated, by Mofaz), but this is just a reminder that Israeli coalitions are never fully stable no matter how large they are. This is not going to bring down the government, but if forced to choose between Mofaz and Kadima on the one hand and Lieberman and Yisrael Beiteinu on the other, Netanyahu is going to go with Mofaz, which will set off all sorts of problems with the settler community at the worst possible time for Bibi given that the Ulpana evacuation just went off shockingly smoothly.
Speaking of Ulpana, the events there this week revealed another important split, but this one has nothing to do with coalition politics. Instead, there seems to be a growing divide between the camp containing the majority of the settlement movement and the more extreme militant wing (often referred to by the shorthand “hilltop youth”), with some in the settler leadership waking up to the fact that violence turned outward almost always inevitably migrates inward as well. It began when Ze’ev Hever, who is in charge of the settlement movement’s building and construction, found his car tires slashed, prompting a set of mea culpas from him and from Yesha head Danny Dayan, who both admitted that they have stayed silent for years in the face of settler violence against Arabs. This acknowledgement and promise to begin cracking down on the violent extremists within their midst unfortunately came too late for the Defense Ministry subcontractors visiting Ulpana earlier this month in preparation for the evacuation who were pelted with rocks for their efforts to ensure that Ulpana’s residents would be moved out as painlessly and seamlessly as possible. Then if that weren’t enough, the Ulpana families – who were fully cooperative and left peacefully – had to spend their time skirmishing with hilltop youths who were trying to prevent those very families from evacuating by barring their way and then barricading themselves in one of the vacated apartments. If it wasn’t clear to the settler leadership that they have a serious problem within their midst while violent settler extremists were torching mosques and carrying out odious “price tag” attacks in the West Bank, it has become abundantly clear now. All of this is a useful reminder that, as Jeremy Pressman aptly put it yesterday, the term “settler” papers over the fact that settlers are not a monolithic group and the settlement movement is not a unified whole marching in lockstep. These divisions within Israeli politics and Israeli society bear close watching over the next few months as tensions that have been buried are now starting to bubble up to the surface.
Ulpana and Closing the Pandora’s Box
June 6, 2012 § 3 Comments
Apparently I take a few days off, and Israel descends into anarchy. I am not going to do a thorough rundown of the Ulpana vote and the events leading up to it; Amir Mizroch, Brent Sasley, and Allison Good all have some good thoughts on the subject that you should check out. Instead, I’d like to focus on one limited point, which is the fact that the settler movement has apparently lost all ability to think rationally or logically.
Let’s remember one simple and basic fact: Five homes are being transferred to another neighborhood rather than be demolished, and 300 new homes are being constructed in the settlement to which those five belong. In addition, the government is announcing a tender for 551 new homes in other settlements. With this in mind, here is a selection of some of my favorite rightwing quotes from the past few days. UTJ MK Yisrael Eichler, despite what is taking place right across Israel’s northern border in Syria, dubs Israel “the worst dictatorship ever.” National Union MK Yaakov Katz says that the government displays evil-heartedness in dealing with the settlers. National Union MK Aryeh Eldad said that Likud only pretends to support settlements but actually destroys them at their roots. Finally Likud MK Danny Danon proclaimed the 69-22 vote in the Knesset a travesty of democracy since voters chose Likud and said that the “extreme left” tries to win through the courts rather than by convincing the public come election time (never mind, of course, that Kadima got more votes than Likud at the last election, or that the Ulpana homes are being moved following a Knesset vote confirming the High Court’s order). Up is down. Day is night. Likud hates settlements, and settlers are treated like second class citizens.
As if the rhetorical nonsense was not enough, settlers have marched on Jerusalem, started hunger strikes, flooded MKs with phone calls and texts, and generally acted as if this is the most egregious affront to their existence since the forced evacuations of the Sinai and Gaza. That literally not one building is being demolished and that 850 more are being built is of completely no consequence to them. One would think that Ulpana was the Temple Mount and had some sort of special sacred significance, rather than being a completely random tract of land in a small and otherwise non-descript settlement. This puts an even greater sheen of ludicrousness on Eldad’s mind-blowing statement about how anti-settlement Likud is; the settler movement has become so accustomed to getting every single thing they want from various Likud governments that they have somehow come to believe that the Ulpana decision is an existential crisis. They have won so big, they don’t even realize what a regular win looks like anymore. This is the force that Likud, and Netanyahu in particular, has unleashed, and now the government has to deal with it.
Finally, take note of who voted to legalize Ulpana or did not show up to the vote following Netanyahu’s “vote with me or be fired from your ministerial post” ultimatum. All the usual Likud suspects such as Danon, Zeev Elkin, Yariv Levin, and Miri Regev voted against Netanyahu in favor of retroactively legalizing Ulpana, and Silvan Shalom did not show up to the vote. Danon has already threatened the ministers who voted with Netanyahu and said that they are mistaken to believe that Likud voters will have short memories, and settler leaders have been calling Netanyahu a liar and vowing political retaliation. I’ve said it before and I’ll say it again: a Likud split is coming, and it’s going to happen sooner rather than later. The hardline settlement supporters simply cannot remain together in a party with the leadership that they have denounced so forcefully and in such harsh terms. When Netanyahu wakes up to the fact that he cannot keep this ungainly ship together, Likud is going to fracture.
The Likud Maneuvering Begins In Earnest
May 11, 2012 § 2 Comments
For those who are not familiar with him, Silvan Shalom is Bibi Netanyahu’s political nemesis and constant foil. He is also somewhat inconveniently one of the vice prime ministers and Netanyahu’s erstwhile main challenger for the Likud leadership. I wrote this in March:
Netanyahu and vice premier Silvan Shalom are long time rivals who do not like each other. The two go out of their way to antagonize each other by scheduling conflicting events and trying to embarrass the other through tactical voting on legislation, and Netanyahu even made sure that Shalom’s face was blocked in the official picture from the Cabinet meeting in which the Gilad Shalit deal was approved. While Shalom often comes across in these confrontations as bumbling and hapless, his resentment of Netanyahu is at the boiling point and Bibi cannot afford to make any of the younger MKs unhappy and risk a genuine leadership challenge within Likud.
Shalom has formally challenged Bibi to be head of Likud twice and both times he has lost, but he is still constantly looking for an opening. Today, while speaking to Moshe Rosenbaum, who is the chairman of the Beit El regional community council which has jurisdiction over Ulpana, Shalom called for an authorization law that would retroactively legalize all settlements and outposts since he believes that fighting for individual hilltops on a case by case basis is not supportive enough of the settlement project at large. These comments came after a cabinet meeting of senior ministers (which did not include Shalom) in which no decision was taken on whether to comply with the High Court order to demolish Ulpana by July 1, and in the midst of pressure from Likud MKs for the government to pass a law bypassing the High Court entirely.
As I have said a couple of times this week, bringing Kadima into the government gives Netanyahu lots of room to maneuver within the larger coalition, but it does nothing to alleviate – and even intensifies – his problem within his own party. Shalom is naturally trying to seize upon this, knowing that Netanyahu needs to placate the hardline members of what is after all a pro-settlement party but that doing so will cause trouble for Netanyahu with Mofaz and Kadima. Likud’s fault lines are being exposed, and it is going to be a Herculean task to try and keep the party in one piece without causing a major political crisis between the Knesset and the High Court. I don’t know that doing so is feasible, and I remain convinced that Likud is going to fracture and that an official split is coming at some point. Meridor staked out his position yesterday and Shalom has staked out his position today – the question is, where does Netanyahu ultimately stand? The answer is not one that he is going to be able to avoid providing for too much longer.
Evacuating Settlers Is Not The Same As Japanese Internment
May 1, 2012 § Leave a comment
Moshe Arens is a longtime Likud wise man, having served as foreign minister and three tours as defense minister, but his compass is off this morning. Writing in Haaretz, Arens argues that forcing the settlers in Ulpana to leave their homes is wrong similarly to the way that uprooting settlers as part of disengaging from Gaza was unjust. This is a perfectly understandable viewpoint, albeit one I disagree with. The problem is that Arens then makes an unfortunate comparison which is incorrect on a number of levels. Arens writes:
The government decision involved a blatant violation of the civil rights of thousands of Israeli citizens, and a petition against it was filed with the High Court of Justice – the ultimate protector of the civil rights of Israeli citizens and all those living under Israeli sovereignty or Israeli jurisdiction, the ultimate arbiter of complaints against injustice and unlawful acts. The court, nevertheless, upheld the government’s decision.
In retrospect, the massive uprooting of so many Israeli citizens from their homes, by force, is now seen by many as a gross miscarriage of justice, similar to the case of the expulsion of U.S. citizens of Japanese origin from their homes in World War II. That government decision was also upheld by a supreme court and regretted in later years. In both cases, force was used against citizens who had violated no laws.
No matter what your view is of the Gaza disengagement, the comparison with Japanese internment during WWII is a bad one. To begin with, Arens’s characterization of what happened during WWII is ahistorical to an extreme degree. Arens asserts that Japanese-Americans were expelled from their homes and thus compares them to settlers in Gaza who were also expelled from their homes. The problem with this is that U.S. citizens of Japanese origin were not simply expelled from their homes; they were also put in detention camps. It was not a matter of only telling Japanese-Americans where they couldn’t go, but also confining them to a specific area and keeping them there by force. The settlers who were forced to leave Gaza were placed under no such restrictions. Once the disengagement was carried out, they were free to go and live in any place of their choosing in Israel. Arens purposely muddies the waters here by referring to “expulsion” without once mentioning internment, thereby creating a false parallel between the two cases. No doubt he is aware of the entire history of the treatment of Japanese-Americans during WWII, even if he is counting on the fact that some of his readers are not.
Furthermore, Arens’s comparison between the two cases does not work because the circumstances are too dissimilar. Gaza was not Israeli sovereign territory but was under Israeli military control and administrative jurisdiction. This gave the state a lot more leeway in how it made and carried out decisions related to Gaza, and enabled the government and the military to take unilateral actions in the name of national security that would not be allowed within Israel’s borders. In addition, all settlers in Gaza were ordered to leave regardless of their race, ethnic origin, or any other category, because the disengagement applied to any Israeli citizen residing within a defined territory. No distinctions were made between different types of citizens since the military directive was a blanket one.
In contrast, the executive order signed by FDR designated parts of the West Coast as military areas despite the fact that they were on sovereign U.S. soil and were not under attack or part of any arena in which warfare was taking place. Their legal status was more complicated during wartime, but nobody was asserting that they constituted permanent extra-judicial territory. Furthermore, Civilian Exclusion Order Number 34 removed from the Western U.S. all citizens of Japanese ancestry and only citizens of Japanese ancestry. This was not a military order related to a particular territory like the Gaza disengagement, but was rather a military order related to a particular group of people. The dissents in Korematsu (with the exception of Justice Jackson’s) did not object to the notion of expelling citizens from a particular area for reasonable national security reasons but were predicated on the fact that citizens were expelled and then interned in camps solely because of their ancestry without regard to any other factor. This is certainly not what happened in Gaza. Arens implies that Korematsu is now viewed as a “gross miscarriage of justice” because it uprooted citizens from their homes, but that is only a half-truth. It is viewed this way because it uprooted citizens from their homes and then also detained them, and both of these decisions were based solely on race. As Justice Murphy wrote in his dissenting opinion:
The judicial test of whether the Government, on a plea of military necessity, can validly deprive an individual of any of his constitutional rights is whether the deprivation is reasonably related to a public danger that is so “immediate, imminent, and impending” as not to admit of delay and not to permit the intervention of ordinary constitutional processes to alleviate the danger….Justification for the exclusion is sought, instead, mainly upon questionable racial and sociological grounds not ordinarily within the realm of expert military judgment.
The Gaza disengagement does not fit the facts of Japanese internment during WWII at all. The settlers were not deprived of their rights in any way (Israel has no constitution, which is a completely separate problem) since any right to live in Gaza disappeared once the order was given to evacuate a territory under military administrative control, and the settlers were not discriminated against in any way. Arens understandably wants to connect what is now universally viewed in the U.S. as a national disgrace to what he views as an Israeli national disgrace, but the situations are too completely different to successfully make that comparison without purposely misleading on the facts, as Arens does.
The settlers who were uprooted from Gaza in many ways got a raw deal. The state encouraged them to go there in the first place and subsidized their lives there, and then following the disengagement did an abysmal job of compensating them for their economic losses. Their standard of living has dropped dramatically and the government has not followed through on its efforts to make them whole again. Nevertheless, the comparison to Japanese internment during WWII is an atrocious one, and Arens undermines his larger argument by making it.