Sacrificing the Temple Mount

October 20, 2016 § 1 Comment

When the United Nations was created amidst the wreckage of World War II as a mechanism for shaping a new international order, its founders had some high hopes for their new global institution. The preamble to the UN Charter explicitly envisioned saving succeeding generations from war, promoting social progress, maintaining international law, practicing peace and tolerance, and all other sorts of laudable goals. But even the UN’s creators could never have imagined the immense power the organization has assumed to rewrite history and create an alternate timeline to the universe, as happened last week when a committee of the United Nations Educational, Scientific and Cultural Organization (UNESCO) voted to adopt a resolution that erased any trace of a Jewish connection to Judaism’s holiest site. In some ways this absurd farce does not and should not matter in the least, but in other ways it is a microcosm of much that is wrong with matters that pertain to Israel.

From one perspective, this is not a big deal. Whether UNESCO wants to acknowledge it or not, the Jewish connection to the Temple Mount is immediately evident after five minutes of studying archeology, three minutes of studying ancient history, and half a second of studying Jewish liturgy. And even if none of that were the case, the fact is that Judaism as a religion reveres the Temple Mount as its holiest site, and so that ipso facto makes it so. Pretending otherwise is puerile and infantile, and much like the Israeli demand for the Palestinians to recognize Israel as a Jewish state, whether outside parties recognize the Temple Mount as a holy Jewish site or not is beside the point since it is one, plain and simple. Having someone else say it won’t make it more so, and having someone else deny it certainly won’t make it less so.

But from another perspective, this is a monumental deal that should not be downplayed or waved away. It is critical to understand not only what the Temple Mount represents and what it means to Jews (and observant Jews in particular), but just how much Israel sacrifices and Jews give up by maintaining the current status quo at the site. Imagine if Jews claimed the Kaaba in Mecca as holy to Judaism as well as to Islam, and Israel assumed control of the Kaaba compound and allowed Muslims to visit for a couple of hours a day but expressly forbade them from praying there, creating a blatantly discriminatory double standard against Muslims at Islam’s holiest place. Then imagine further that Israel pushed a UNESCO resolution acknowledging a Muslim connection to Mecca but none at all to the Kaaba, and blasting Saudi Arabia for not respecting the “integrity, authenticity and cultural heritage” of the explicitly Jewish site. The world would literally be up in arms in this scenario, yet this is what happens at Judaism’s holiest site, and not only is the situation not condemned, but Israel is the party criticized. The situation for Jews on the Temple Mount is the equivalent of religious apartheid, yet Israel not only goes along with it but it enforces it in the interests of maintaining the peace. To then add insult to injury by using Israel’s enormous and massive restraint at the Temple Mount against it in pretending that there is no Jewish connection at all is reprehensible. That the UNESCO resolution alludes to the importance of Jerusalem for Judaism – although never comes out and explicitly says it but only mentions “the three monotheistic religions – and uses the Jewish terms for religious sites in the West Bank only makes the purposeful absence of Jewish terms in connection to the Temple Mount even worse, and using UNESCO’s acknowledgement of Jewish Jerusalem to whitewash memory-holing the Temple Mount is a disgraceful rhetorical technique. UNESCO Director-General Irina Bokova’s statement essentially renouncing the UNESCO resolution and using the terms Temple Mount and Har Habayit should be applauded by everyone.

The larger problem here is not what this resolution says about history, but what it says about the future. The Palestinian push to make this resolution happen rightly feeds into fears of what will happen to Jews and Jewish holy places in a future Palestinian state, and whether the same basic access and protections that Israel affords to non-Jewish religious sites will be reciprocated in any way. The “historic status quo” repeatedly referred to in the UNESCO resolution is only five decades old; it should not escape notice that the status quo before 1967 was that the Temple Mount was Jew-free entirely. This latest move does not instill confidence for the future of religious tolerance and respect, and it also raises the question of why the Palestinians are wasting their time trying to deny what are plainly obvious historical facts rather than accomplishing anything productive diplomatically. If this is the best that Palestinian leadership can muster, then it is no wonder that the Palestinian Authority is abysmally unpopular. It also feeds into the Israeli instinct to distrust the UN and the international community more generally, since it is all fine and well that no European countries voted for the resolution, but that France, Italy, Spain, Sweden, and other couldn’t get up the courage to do more than abstain reinforces the Israeli view that they will never get a fair shake.

The resolution’s sponsoring countries also point to a tough road ahead for Israel. The draft was submitted by Algeria, Egypt, Lebanon, Morocco, Oman, Qatar, and Sudan. Israel touts its ties with Egypt as one of its greatest diplomatic successes, has been trying to improve Sudan’s relations with the West as a way of further isolating Iran, and frequently coordinates behind the scenes with Qatar – Hamas’s primary international patron – in order to manage the situation in Gaza. Yet when push comes to shove, these countries have no compunction about raising completely outrageous claims about Israel and Judaism at the UN over an issue that has no tangible diplomatic value other than emotionally wounding Jews around the world. This is not encouraging for Israel’s regional acceptance and normalization, to say the least.

It cannot be that every offensive statement made by Prime Minister Netanyahu, every rhetorical provocation committed by an Israeli minister, and every move to deny Palestinian claims and narratives by the Israeli government are highlighted and written in stone for all to bash until the end of time, but the Palestinians can do the same and get a free pass. UNESCO’s repugnance does not have the same terrible daily impact, for instance, as demolishing Palestinian homes that were built without permits that Israel refuses to grant, but it is repugnant nonetheless and must be condemned without qualification. That Judaism’s connection to its holiest and most revered religious site is now the subject of official UN debate is humiliating not only to the UN, but to anyone who respects those pesky little things called facts.

Israel’s Trumpian Existential Threat

October 13, 2016 § 4 Comments

When your work centers on Israel, you spend a lot of time contemplating existential threats. Whether it is Iran’s nuclear program, Hizballah and Hamas terrorism, Israel’s presence in the West Bank, the specter of Israel ending its presence in the West Bank, the monopoly of the Orthodox on Israel’s religious and family institutions, the threat of allowing the non-Orthodox a say in Israel’s religious and family institutions – everyone has their favorite doomsday scenario for what will bring the end of Israel. I don’t want to debate whose alarmist tendencies are most on point, but there is one clear and present danger looming on the horizon that nobody should casually dismiss, and that is the potential presidency of Donald Trump.

Let’s begin with the easy stuff. American Jews often like to talk about whether or not a candidate feels Israel in his or her kishkes, and for many it can be a quick and easy litmus test for pro-Israel voters. If this is the standard that you employ, there is no conceivable argument that Trump meets it. Trump seems to know nothing about Israel other than that it has built a wall. He has suggested cutting all U.S. foreign aid – which would include the military assistance to Israel – and then embraced making Israel reimburse the U.S. for the defense aid it receives. He then switched course yet again and defended the annual military assistance and missile defense cooperation not on the grounds of Israel being an important ally or because its safety is an American interest or because Israel doesn’t exactly live in a friendly neighborhood, but because it is an “excellent investment.” Given Trump’s history of bailing on investments that have turned sour and leaving his creditors high and dry, I don’t know why anyone would assume that he would treat Israel otherwise were his views of its investment worthiness – whatever that even means – to change.

But let’s leave aside Trump’s emotional attachment to Israel or lack thereof. The actual policy agenda that he has embraced would be disastrous for Israel as well. Trump has made his disdain for allies and alliances clear, treating every relationship that the U.S. has as a transactional one. For a country that relies on the U.S. for weapons, security guarantees, diplomatic assistance in the United Nations and other international forums, and intelligence sharing, to list only a short part of a long menu of items, it would be four or eight years of constant walking on eggshells, hoping that a President Trump views Israel as pulling its perceived weight.

Trump does not actually understand Israel’s specific policy concerns. The major area of disagreement between the U.S. and Israel during the Obama administration has been Iranian power, and yet at the debate this past Sunday night, Trump repeatedly expressed his preference for farming out responsibility and influence in Syria to Iran and Russia so that they could assist Bashar al-Assad. In short, Trump actively wants to further empower Iran in establishing a permanent and dominant presence in Syria, creating the biggest threat on Israel’s immediate border in decades and ensuring that Hizballah has even freer reign than it ever has to stockpile missiles and menace Israel. He has called for Saudi Arabia to develop its own nuclear weapons, which would permanently eliminate Israel’s qualitative military edge. Does this sound like someone who even understands what Israeli security concerns are, let alone a great and glorious friend?

Trump does not understand Israel itself. He has stated that if he is not elected president, the Iran deal will lead to Israel’s elimination. We can debate the merits of the Iran deal from now until Election Day – and Trump is correct that Israeli officials, including those in the security establishment and not just politicians, are not exactly fans – but the notion that only Trump can save Israel runs counter to anything and everything for which Israel stands. It betrays an utter ignorance of the very essence of Zionism, of Jewish power and survival embodied in the Jewish state. It betrays an utter contempt for the Israeli ethos of self-reliance and making “Never Again” more than just a hollow slogan. It betrays an utter incomprehension of Israeli military power, intelligence, and capabilities. It betrays an insulting narcissism that pays lip service to Israel without bothering to learn the first thing about it.

Trump does not understand the U.S.-Israel relationship. He thinks that it is based upon the shared darkness of struggling with terrorism rather than the shared values of democracy. He seizes upon suboptimal choices that Israel has reluctantly made out of necessity – the separation barrier, profiling at Ben Gurion Airport – to bind himself to Israel, never for one second comprehending that Israel does not take these measures with the glee that Trump evinces when discussing them. Every time he unfairly tarnishes Israel by using it as his justification for pushing a set of noxious policy prescriptions that are completely devoid of the Israeli context, Israel’s standing in the U.S. suffers. When naysayers doubt the values aspect of the U.S.-Israel relationship, they tend to focus on Israel’s democratic deficit, warning that Israel is in danger of losing its appeal in the eyes of Americans. Not only do Trump’s words of damning praise threaten support for Israel by continually shining a spotlight on Israel’s least attractive side, a Trump presidency will take this dynamic and turn it on its head, making Israel diplomatically captive to an America whose moral leadership is eroded and tarnishing Israel with a guilt-by-association. It is difficult to have a robust alliance that is based primarily on shared values when one side of that alliance is run by an imperious megalomaniac obsessed with punishing his political enemies and eviscerating the rule of law.

During Sunday night’s debate, I tweeted that Trump is an authoritarian. Over the next 24 hours on Twitter, I was called an oven dodger, a dumb kike, a hook-nosed Jew, a Jewish subversive, a traitor, told to “get your ass back to Tel Aviv” and to go back to “your country Israel,” among other pleasantries. My characterization of Trump did not even hint at anything having to do with Jews or Israel, yet the putrescent sleaze emanating from his fans was quite narrowly tailored. I do not hold Trump responsible for what his supporters do and say, and thankfully none of these mental midgets will be responsible for his Israel policy. But think about the political persuasions of Trump’s most ardent fans and remember that this is a man with no real policy ideas that do not involve sound bites and who is captive to whatever crazy idea is the latest to penetrate his skull. And then ask yourself whether you are comfortable with the most powerful leader in the world being someone who lies awake at night retweeting the kind of people who think that an American Jew whose family has been here for over a century should “pack your bags for your walled ethnostate.” There is a wide universe of policies that can be deemed pro-Israel, but I don’t trust that any of them will be reliably implemented by an unapologetically oblivious and proudly uninformed cretin whose policies and statements present a danger to the long term health and interests of his own country’s democracy, let alone one six thousand miles away.

Anatomy of a Dispute

October 7, 2016 § Leave a comment

The American and Israeli governments are in the midst of the latest chapter of their ongoing dispute over West Bank settlements, with the spark this time being Israel’s announcement of its solution to the problem of Amona, an issue about which I wrote last month. The solution, such as it is, is to build a new neighborhood in the settlement of Shilo consisting of 98 new houses for the residents of Amona, which the Israeli government insists is simply building on empty land within the current municipal boundary of an existing settlement, and the U.S. government insists is the creation of a brand new settlement and runs contrary to assurances from the Netanyahu government that it would not build new settlements in the West Bank. Consequently, the Obama administration issued an unusually harsh condemnation on Wednesday, while the Israeli Foreign Ministry and various ministers fired right back on Thursday. All of this comes on the heels of the recently concluded $38 billion ten year military assistance MOU between the two countries, and in the middle of rampant speculation as to what the White House will do (or not do) regarding the peace process or settlements on its way out the door.

The tragedy here is that this dust up could have and should have been easily avoided with some more measured moves on both sides. The Israeli government has a problem, which is that it needs to evacuate these settlers who are living in a settlement that was illegally built on private Palestinian land, but it is constrained by a coalition that cannot countenance any policies that appear to be selling out the settlers or limit Jewish settlement in the West Bank. The U.S. government also has a problem, which is that it has taken a tough line with regard to Israeli settlement activity and cannot sit silently by as Israel announces new settlement construction in a place that is outside any conceivable boundaries of what Israel will annex under a permanent status agreement, but also does not want a high profile fight with Jerusalem in the midst of a presidential election and so soon after the successful MOU negotiation.

The solution to this lies in the plans that have been developed by the Commanders for Israel’s Security, and in measures for which I have previously argued. Shilo is a clear example of a settlement that is beyond the security barrier, has not been proposed by Israel to be retained under any round of peace negotiations, and will eventually be evacuated. There is no earthly sensible reason to move the Amona settlers there, since it only complicates the situation down the road and is guaranteed to raise hell from the U.S., the E.U., and nearly every international observer. But if the Israeli government were to take the commanders’ advice and complete the security barrier while renouncing all territorial claims to land beyond it, then it could move the Amona settlers to one of the bloc settlements on the west side of the fence. This would abrogate the need to build new housing in a place that is literally closer to Jordan than it is to the Green Line, make it clear that Israel’s intentions are not to gobble up as much of the West Bank as possible, and still mollify coalition partners by keeping the settlers in a settlement. Concurrently, the U.S. government could recognize that not all settlements are equal, that saving its fire for settlement construction exclusively in places like Shilo rather than equally condemning construction in places like Ramat Shlomo inside the Jerusalem municipality might actually lead to better outcomes through creating a different set of incentives, and ensure that a contiguous Palestinian state in the West Bank remains a possible outcome.

Is this a perfect solution? Not at all. I would much rather see the Amona residents move to Jerusalem or Tel Aviv. But clearly what’s happening now is not working, and the politics both in the U.S. and Israel make more drastic measures from both sides impossible. Amona should never have been built in the first place, and this entire mess should never have gone this far. But even so, if Israel were to act a bit smarter and not kowtow so far to the right, and the U.S. were to keep an eye on the long game rather than sweat the relatively small stuff – even when the small stuff is legitimately infuriating, as it is in this case – then everyone would be a lot better off.

The Obligations of States and Citizens

October 6, 2016 § Leave a comment

What does a state owe its citizens, and what do a state’s citizens owe their state? It is a question that has been front and center in the U.S. stemming from what seems like an avalanche of police shootings of African Americans and the resulting demonstrations, including those of NFL players not standing for the national anthem, but in the last week it has been occupying my mind due to events in Israel. Both sides – state and citizens – appear to be forgetting that there is a mutual obligation to each other that can and must be divorced from specific policies lest the entire system suffer a crisis of legitimacy.

At Shimon Peres’s funeral last Friday, there was a cavalcade of world leaders, cultural luminaries, and Israeli politicians and officials in attendance. Notably absent were Joint List chairman Ayman Odeh and the other members of his Knesset faction, a move that Odeh defended later that day by arguing that Palestinian citizens of Israel have no part in Israeli national mourning and that Peres was responsible for policies that Arab Israelis cannot forgive. Odeh singled out the Israeli narrative and Israeli symbols that exclude him as a non-Jewish citizen, and also specifically mentioned Peres’s role in building up the state’s defenses as something that he cannot celebrate. As to be expected, Odeh was roundly criticized, but stuck to his guns that not attending the funeral or issuing any official statement of condolence was the appropriate move.

Then this week, Justice Minister Ayelet Shaked served as the mirror image of Odeh, arguing in a HaShiloach journal article entitled המשילות אל מסילות (The Tracks to Governability) that the more Jewish a nation Israel is, the more ipso facto democratic it will be. The core of the article is actually an argument for the primacy of the legislative branch and its right to be largely free of unwarranted judicial checks, but Shaked spends the third section of the article making the case that Judaism reinforces democracy and that there is not actually any tradeoff between Israel’s Jewish character and its democratic character. So while Odeh made the point that Israel’s focus on its Jewishness makes aspects of it inherently illegitimate for its non-Jewish citizens, Shaked made the point that Israel’s Jewishness makes it more legitimate as a democratic state that represents all of its citizens.

You can fill an entire library with books and articles of political theory and law dealing with the question of what a state owes its citizens, but I’d boil it down to a very simple precept: a state is required to protect and represent all of its citizens equally. By the same token, citizens owe a basic allegiance to the state; not to the government or its specific policies, but to the state itself. That is why both Odeh and Shaked are wrong in this case, and if you pursue their rationales and justifications to their logical conclusions, you end up with a complete disaster.

Let’s start with Shaked, which is in some ways the more straightforward case. I am an unapologetic defender of Israel as the Jewish homeland and as a Jewish state, and in my view the need for a Jewish state and the right of Jews to realize their nationalist aspirations require no apology or qualification. Nonetheless, since Israel is not a state only for Jews, this requires a delicate balancing act that takes into account the fact that democracy requires equal rights for non-Jewish citizens and identical treatment under the law. It is possible to have a state that is both Jewish and democratic, as Israel demonstrates every day, but it is plainly wrong to assert that these two elements can both be fulfilled to their utmost capacity simultaneously. A perfectly pure liberal democracy would not have the Law of Return; a perfectly pure Jewish state would not have non-Jews serving in the Knesset, Supreme Court, or IDF. The fact that Israel is not an ideal type of either of these things is something to be celebrated rather than criticized, but to assert that the two elements march together in perfect lockstep is a statement of ideology rather than logic. But more crucially, it risks destroying the balance and leading to a situation in which Israel is not fulfilling its obligations to its citizens by protecting and representing them equally to the best of its ability. Legislation that prioritizes Jewish law for domestic legal purposes will discriminate against and disenfranchise non-Jewish Israelis, and advocating for such betrays a lack of understanding about how democratic states must operate.

This brings me to Odeh and his view of what he owes the state. I understand and sympathize with Odeh’s dilemma, given his struggle for the rights of Palestinian citizens of Israel to be free of discrimination and to have their narrative not only understood by Israeli Jews but respected and acknowledged by the state. Israel is far from perfect, and perhaps no better than adequate for a Western democracy, in the way it deals with its non-Jewish minority. Nevertheless, in skipping Peres’s funeral Odeh and the Joint List elevated the “Palestinian” part to the complete exclusion of the “citizens of Israel” part. Leaving aside the somewhat perplexing move of demonizing Peres of all people, and ignoring his later role as a genuine peacemaker in favor of his earlier role as a hawk and champion of settlements, Odeh and company did not snub a man but the state itself. Peres served as president, prime minister, and in a host of other cabinet positions, and was the last member of the state’s founding generation. I do not for a second begrudge Odeh and Palestinian citizens of Israel their Nakba narrative or their view that the founding of Israel was a tragedy, nor do I believe that any criticisms they have of Peres should be kept under wraps (although Odeh’s decrying Peres for his work defending the state in which Odeh and his family live boggles the mind). But as Israeli citizens and members of the national legislature, who rightly demand that the state fulfill its obligations to them and participate in the state’s politics and governance, I expect them to have a baseline respect for the state itself, whether they like the state or not. I keep on thinking of the West Wing episode in which the president hires the wildly eccentric and inappropriate Debbie Fiderer to be his secretary because in a letter she writes to the White House suggesting that arsenic be put in his water, she still refers to him as President Bartlet, showing her respect for the office despite her feelings about the man occupying it. The more appropriate move for Odeh and the Joint List MKs would have been for them to attend the funeral and then spend the rest of the day loudly broadcasting their criticisms of Peres in every outlet they could find.

Israel successfully walks a very fine line between competing pressures of governance every day. Neither Shaked nor Odeh seem to appreciate this balancing act, nor to understand that a state must have a basic respect for all its citizens while its citizens must have a basic respect for their state if the polity is to be successful. What makes Israel unique is the unprecedented experiment in Jewishness and democracy simultaneously, and it will be tragic indeed if a vision for Israel emerges victorious that does not have sufficient room for both.

The Legacy of Shimon Peres

September 28, 2016 § 6 Comments

Unlike many authors of his obituaries this week, I did not know Shimon Peres. I met him briefly a couple of times, where I heard him extol the virtues of being a dreamer and admired the way he was able to churn out pithy and poignant aphorisms, but I don’t have any personal stories about him or particularly meaningful encounters to relate. Nevertheless, I have always found him inspiring because he is the personification of one of the most important lessons for being successful in life, which is how to overcome failure.

Shimon Peres was good at many things, but his chosen profession was not one of them. Unlike many of Israel’s founding fathers, he did not have an illustrious or decorated military career and chose much earlier to go the political route, but he was, at best, a middling politician. He failed in his early jousts with Yitzhak Rabin to become party leader of HaMa’arakh (Labor’s predecessor), only succeeding in taking over the party when Rabin had to resign as prime minister and party leader because of his wife’s foreign bank account. He then immediately presided over his party’s first electoral defeat in Israel’s existence following 29 years of uninterrupted rule, losing to Menachem Begin and Likud in 1977 and setting off a new era of rightwing dominance that continues to this day. He lost the next election in 1981 as well, and finally won an election in 1984 only to fail at putting together a coalition and being forced into a power sharing arrangement with Likud and Yitzhak Shamir in which they rotated the offices of prime minister and foreign minister. When Peres lost the 1988 election, he agreed to form a unity government with Shamir once again, but without being able to extract the same concession for a prime ministerial rotation that Shamir had been able to extract from him. After Rabin’s tragic assassination, Peres served as acting prime minister for seven months until he promptly lost the first post-Rabin election to Bibi Netanyahu, an election that arguably should not have even been close but was lost partially as a result of Peres’s poor political instincts. The next time he ran for office was in 2000 when he stood for president, an election in the Knesset that everyone predicted he would win handily but which he lost to the undistinguished future convicted felon Moshe Katzav, thereby becoming both the first candidate for prime minister and the first candidate for president to ever lose to a Likud opponent. Peres won the presidency in 2007 on his second try, marking his first unambiguous electoral victory for high national office, although it was not an embrace from Israeli voters but one from the 120 Knesset members who vote for president.

Why am I inconsiderately recounting this embarrassing history of the last member of the state’s founding generation before he has even been buried? Because to me, the greatness of Shimon Peres stems precisely from this embarrassing history. Peres is being feted as an Israeli hero, as someone who was responsible for more Israeli military and diplomatic achievements than any other figure, as the high prophet of Israeli technology and ingenuity, and as the ultimate striver to realize his otherworldly vision of Israel at peace with its Palestinian neighbor. Yet, Peres never won an outright election to be prime minister. He was not, until his last decade, truly loved or embraced by the Israeli public. He was continually overshadowed by his rival Rabin. But rather than become the Adlai Stevenson of Israel, he became the Shimon Peres of Israel. He understood that failure was something that you overcome rather than something that defines you. He took whatever situation he was in and elevated it to something sublime and heretofore unimaginable. Has there ever been a more tireless or successful foreign minister? Is there anyone else who could have taken the completely ceremonial and entirely ignored position of Israeli president and transformed it into the bully pulpit and clarion voice of moral order that it has now become? By all rights, Peres should have disappeared from Israel’s political scene decades ago, yet the more time went on and the more electoral losses he racked up, the more influential and visionary he became.

Peres did not only rebound from failures. Equally important, he learned from them, and did not allow them to constrict him going forward. Many will note in the coming days the contradictions of Shimon Peres and his legacy; how he was derided by the military establishment despite being the most important figure in Israel’s acquisition of military assets and weapons in the state’s first decade and the godfather of its nuclear arsenal, or how he was lauded as a peacemaker despite being an early and effective champion of settlements, or how the world sees him as the face of Israel despite his being a non-sabra, suit wearing, European accented Hebrew speaker. But these contradictions were another key to his success, because when he was wrong or when something did not work, he was able to pivot and embrace something else. It is true that he was a hawk for most of his life, but he was a dove when it mattered. It is true that he encouraged the settlement enterprise and protected settlements as defense minister, but he was able to see how that policy would lead to Israel’s destruction and came to advocate for a Palestinian state. It is true that he spent years championing the concept of economic peace, but he eventually saw that it would never be sufficient without addressing the political aspect as well. Peres will go down as one of history’s greatest dreamers, but he was able to dream big because he was willing to stand on the rubble of his own previous failures of imagination.

The last giant of Israel’s founding generation is now gone. Shimon Peres’s death marks a new era for the Jewish state, whether Israel is ready for it or not. Peres’s death leaves a gaping hole and his legacy is overwhelming. May his memory be for an eternal blessing, and may Israel always embrace his ethos of never giving in to failure, elevating the mundane into the lofty, and constantly pushing against the limits of what appears possible.

Scenes From The U.S.-Israel Funhouse

September 22, 2016 § 2 Comments

During the raging debate over the Iran deal in the spring and summer of 2015, there was an illuminating ancillary dispute over whether supporting the agreement meant forfeiting the right to describe oneself as pro-Israel. It reached a crux with Jeffrey Goldberg’s question posed on Twitter as to whether J Street could support the deal and still call itself pro-Israel when the Israeli prime minister and opposition leader both opposed it, and Peter Beinart’s response that supporting a country means supporting a vision of its interests irrespective of whether the country’s leaders or people share that same vision. That debate has become relevant once again this week in the U.S.-Israel sphere, but this time the challenge is not for those on the left but for those on the right.

The new ten year, $38 billion defense assistance Memorandum of Understanding  (MOU) between the U.S. and Israel was negotiated by the two governments for close to a year, and finally signed last week. It commits the U.S. to grant Israel $3.8 billion per year for a decade to purchase weapons and missile defense systems, and is notable when compared to the last ten year MOU for a few reasons. The total dollar value is larger by $8 billion and it includes annual funds for missile defense, which until now have been covered by Israeli supplemental requests on a need basis, but it also prevents Israel from returning to Congress for additional funds outside of emergency situations and phases in a requirement for Israel to spend all of the aid on American weapons rather than converting 26.3% into shekels as the previous agreement allowed. More unusually, as part of the agreement Israel has signed a letter pledging to return any aid money appropriated by Congress above what is laid out in the MOU. Even though the package is not perfect from Israel’s perspective, the new aid arrangement is not only supported by Prime Minister Netanyahu, who blasted critics of the deal as not being sufficiently grateful to the U.S., but was negotiated by his government and signed now over the objections of those who thought he should wait until the next administration.

Nevertheless, some prominent pro-Israel figures do not support the defense aid package. Senator Lindsey Graham, after failing in his attempt to prevent the U.S. and Israel from signing the MOU, appeared to be angriest not at President Obama for allegedly short-shifting Israel but at Netanyahu himself. Graham expressed his frustration at Israel for agreeing to sign a deal that, in his view, betrayed Israel’s friends in Congress, saying, “Here is what I would tell Bibi: When members of Congress come to Israel, you do a great job talking about the State of Israel’s needs and threats. Well, don’t tell us about all those needs and when we try to help you, you pull the rug from under us. I think that is bad for Israel.” Reinforcing the point, Graham added, “I am going to push back. We will see what Bibi does. But I will tell you right now, from my point of view, the prime minister has made a mistake here.”

Then on Tuesday, Graham doubled down, holding a press conference with Senators McCain, Ayotte, and Cruz, in which he announced a bill granting Israel an additional $1.5 billion over the $38 billion in the MOU, overturning the provision requiring Israel to spend all of the aid on U.S. weapons rather than allowing Israel to spend some of the aid at home, and objecting to Israel’s letter pledging to return any extra money appropriated by Congress. This now sets up a dynamic in which Graham and other senators are promising to torpedo an arrangement that was negotiated and agreed to by the Israeli government, as opposed to promising to torpedo a unilateral initiative from the White House that they don’t like. They do not believe that this MOU is in Israel’s best interests and they insist that they have a better sense of those interests than the Israeli government, which in their view is being coerced into signing an unfavorable agreement.

Despite Graham’s objections, it is not difficult to ascertain Netanyahu’s thinking on this issue. There is symbolism to Israel getting the largest aid package in U.S. history from a Democratic president tarred by so many as being anti-Israel when bipartisan support for Israel is being threatened, and Netanyahu clearly is enamored of the message that this sends. It also seems evident that Netanyahu wanted to have this MOU done before the next administration takes office given the uncertainty a new president will bring, and that locking the assistance in now was preferable to rolling the dice on who or what may come next. There are also the optics of Israel not wanting to appear ungrateful or overly greedy, which would endanger future assistance and public support for Israel in the U.S.; indeed, the New York Times editorial board last week questioned the deal as negotiated, let alone Graham’s wish for it to be bigger, wondering “whether the ever-increasing aid levels make sense, especially in the face of America’s other pressing domestic and overseas obligations.” So for all of these and undoubtedly other reasons as well, Netanyahu decided that it was in Israel’s best interest to agree to this deal, even with the provisions ruling out additional aid and eliminating the subsidy to Israel’s domestic defense industry.

Yet Graham doesn’t agree. In his words, Israel’s prime minister has made a mistake and he has promised to push back against Netanyahu’s decision because he has a different vision of what Israel should do. The argument is eerily reminiscent of the one made by the Obama administration on pushing Israel with regard to the Palestinians and two states, that true friends don’t let friends drive drunk and that the White House is seeking to help Israel avoid the consequences of its own poor decisions. So to paraphrase Goldberg’s question about the Iran deal, can a group of senators oppose the defense assistance MOU despite its support from Israel’s prime minister, defense minister, military chief of staff, and security establishment and still call themselves pro-Israel? Does Israel get to determine what is in its own best interests, or does a group of Americans who would like to see the democratically elected Israeli government pursue policies other than the ones that it has adopted? As someone who often disagrees with Israeli policies and will never cede my pro-Israel bona fides to anyone, my own answer to this question should be obvious. But keep this episode in mind the next time someone asserts that to be pro-Israel means to support every policy adopted by the Israeli government irrespective of your own assessment about how best to protect Israel as a secure Jewish and democratic state.

Your Guide to Settlements and Ethnic Cleansing

September 13, 2016 § 6 Comments

Prime Minister Netanyahu stirred up a cocktail of controversy on Friday when his latest attempt at creating a viral video did not get the reception he anticipated. In the two minute clip, Netanyahu opened by saying he was perplexed by the charge that “Jewish communities” in the West Bank are an obstacle to peace since it is clear that Arabs living inside Israel are not an obstacle to peace. He then alleged that the sole precondition the Palestinian leadership has demanded for a future state is that it be free of Jews, which he said is an example of ethnic cleansing. He went on to criticize this demand as outrageous, criticize the world community for not finding this outrage to be outrageous, and firmly state that those who say that Jews cannot live somewhere should think through the implications. Since the video has provoked responses all over the map from the right, the left, the Israeli opposition, and the U.S. government, here is your concise and handy guide to Jews in the West Bank, ethnic cleansing, and what Netanyahu is up to.

Netanyahu is right. It is outrageous that a future Palestinian state won’t allow any Jews to live in the West Bank! Yes, it would be if that were the case. If an independent Palestine forced out all of its Jews and barred any Jews from living there, it would certainly be a textbook case of ethnic cleansing, and there is no defensible argument to construct such a policy.

What do you mean, “if that were the case” – haven’t Palestinian leaders said there will be no Jews allowed? Nope. Netanyahu was in all likelihood referring to Mahmoud Abbas’s statement in 2013 that he would not accept the “the presence of a single Israeli – civilian or soldier – on our lands” in the aftermath of an Israeli-Palestinian final status agreement. As Matt Duss helpfully points out, PLO leaders have explicitly said that Jews are welcome to live in a Palestinian state while categorically ruling out Israelis living in settlements where they maintain their Israeli citizenship. To put this into some perspective, this would be like a presidential candidate saying that Syrian Muslims are welcome to come and live in the U.S. so long as they are not living in extra-territorial enclaves that are sovereign Syrian territory and they are subject to the laws and authority of the U.S. Makes sense, right? A presidential candidate would be on much shakier and more discriminatory ground if he, say, I don’t know, ruled out all Syrian Muslims entirely just because they are Syrian Muslims. Now, it is certainly possible – and even likely – that there are members of the Palestinian leadership who have said they would bar all Jews, Israeli citizens or not. Given the way that the Old City of Jerusalem was administered while under Jordanian control between 1948 and 1967, or the calls from various quarters to ban Jews from the Temple Mount entirely today, there is certainly some precedent that warrants suspicion. But given the public record of Abbas’s comments, it is clear that he was referring to Israelis living in Palestine as Israeli citizens under Israeli sovereignty. So much like Netanyahu’s rhetorical excess back in October regarding Haj Amin al-Husseini and the Holocaust, once again his imprecision with pesky little details has cost him some credibility.

So it comes back to settlements? Indeed it does. Note Netanyahu’s rhetorical sleight of hand in the video, where he begins by talking about Jewish communities in the West Bank, and then pivots to talking about Jews writ large. It is one thing for Israel to absorb the large settlements blocs into Israel proper once an agreement is signed, but it is quite another for Israel to maintain settlements that are in Palestinian state territory, that are only open to residents who are Jewish, and that are Israeli sovereign territory guarded by Israeli soldiers. That is what Netanyahu was actually arguing for in the video and positing that there is no reason that such an arrangement should be an obstacle to peace, when the reality is that describing it for what it actually is, as I have above, demonstrates precisely what an enormous problem it is. If Palestinians who before 1948 lived in territory that is now part of Israel wanted to come back and live in their old houses but as Palestinian citizens subject to the law and authority of the government of Palestine, they’d be dismissed out of hand, and rightly so. Once a permanent status agreement is signed, the Israeli government should make every conceivable effort to persuade settlers to relocate to Israel and provide compensation for them to do so, which will likely result in the evacuation of the overwhelming majority of settlers. Any settler who greets the IDF with violent resistance should be arrested and immediately moved out of the West Bank. But any peaceful, law-abiding settler who is willing to renounce Israeli citizenship and wants to remain in his or her home should absolutely be allowed to do so, but only as citizens of Palestine under the jurisdiction of the Palestinian government. In other words, settlers are fine; settlements are not.

So why would Netanyahu put out a video like that? This brings us to the essence of Netanyahu, which is that he subsumes all policy goals to political ones. There is a reason that Netanyahu has provoked the wrath and scorn of nearly every general and intelligence chief who has served under him. Why negotiate a new defense package when you have maximum leverage when you can instead shore up your rightwing base at home by giving a speech before Congress instead? Why keep an extremely competent and respected and supremely qualified defense minister during the midst of a wave of violence – and following an Iran deal that you say has put Israel at greater risk – when you can enlarge your coalition and neutralize an ultranationalist foe by making him defense minister despite a pitiful lack of qualifications? In this case, Netanyahu was coming off the debacle of shutting down train repairs on Shabbat in order to mollify his Haredi coalition partners and then having the public squarely blame him for putting politics ahead of soldiers trying to get home for the weekend, and then facing down polls that show Yair Lapid’s Yesh Atid party besting Netanyahu and Likud were an election to be held now. On top of that, the polls show Likud losing ground to its farther right coalition partner Habayit Hayehudi. In this instance, the obvious move for Netanyahu was to say something controversial that would fire up the rightwing base, provoke rebukes abroad, and thus benefit Netanyahu even further as he rails against foreign interference and vows to stand up to those who would smear Israel and try to discriminate against Jews. I’d be surprised if Netanyahu anticipated quite the depth of the pushback that he would face, but this is all part of his domestic political calculations.

So in conclusion, I agree 100% with the principle that Netanyahu espoused, namely that it is outrageous bigotry to prevent Jews from living in the West Bank. Unfortunately, in this instance Netanyahu was not speaking theoretically, and everyone should see through the smokescreen that he constructed in order to use anti-Semitism as a cover in defending settlements.

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