A Primer on Building Beyond the Green Line

July 7, 2016 § 2 Comments

Israel announced its plans this week for new construction in a number of different places in the West Bank and East Jerusalem, and the variety of locations provides a great primer for why I think that not all settlements should be treated equally. Whenever Israel announces that it is constructing new units across the Green Line, it is instinctively condemned, but this is not always the most productive approach. There is no question that settlements are a large problem that cannot and should not be brushed aside as if they are ancillary to the difficulty in resolving the Israeli-Palestinian conflict. There is also no question that the problem that the settlements present has grown exponentially as a direct result of purposeful Israeli policy to move as many Jews into the West Bank as possible. I do not give the Israeli government a free pass on this issue nor do I justify the activity after the fact, and look no further for why the Palestinians are so rightly distrustful of Israel constantly seeking to establish facts on the ground. Nevertheless, while I wish that we were not at this point, it does not change the fact that some settlements are a lot worse than others. Looking at the most recent announcements demonstrates precisely why.

Following the horrific terrorist attacks last week in Kiryat Arba and Route 60, Prime Minister Netanyahu and Defense Minister Lieberman approved a tender for 42 new homes in Kiryat Arba, intended partly to signal that terrorism against Israelis in the West Bank will never drive them out. Netanyahu and Lieberman also approved plans for 560 new units in Ma’ale Adumim, and 140 and 100 new units in the East Jerusalem neighborhoods of Ramot and Har Homa respectively. Finally, they approved 600 new homes for Palestinians in the East Jerusalem neighborhood of Beit Safafa. None of these announcements are helpful in that they all complicate matters to one degree or another, but the question to be asked is to what extent they make arriving at a permanent status agreement more difficult. These announcements taken as a group represent four distinct types of areas, all of which should be treated differently: settlements that will have to be evacuated in a final deal, settlements that will be annexed to Israel, neighborhoods of East Jerusalem that will remain under Israeli sovereignty, and neighborhoods of East Jerusalem that have the potential to be the decisive nail in the coffin of the two-state solution.

Kiryat Arba is an example of the first category. It sits right next to Hebron and was one of the first settlements that was built after the Six Day War, and has historical and emotional resonance given the millennia-old Jewish connection to Hebron, considered to be the second holiest city in Judaism after Jerusalem. It is also a settlement that will unquestionably have to be evacuated when the time comes. Hebron is the largest city in the West Bank and Kiryat Arba is located far into what will be the future state of Palestine. It was not part of the Jewish state envisioned in the 1947 partition plan, it is outside the current security barrier, and was not included in the areas to be annexed by Israel under its own proposals at Camp David in 2000, at Taba in 2001, or at Annapolis in 2008. The Israeli government could approve one thousand new units there tomorrow and all it would do is complicate the eventual evacuation of Kiryat Arba. This type of housing approval is completely unproductive and unnecessarily provocative, but it thankfully does nothing to change the facts on the ground by making a two-state solution more difficult to negotiate.

Ma’ale Adumim is an example of the second category, although it is more problematic than some of the other settlements that share this distinction. It anchors one of the five settlement blocs, is the third largest settlement in the West Bank and one of only four Jewish cities across the Green Line, and it is inside the planned route for the security barrier. The vast majority of Israelis consider it to be completely non-controversial and part of Israel, and it has been included in the territory that Israel would like to annex during each negotiation with the Palestinians, including in the 2003 Geneva Initiative. If one takes the position, as I do, that settlement construction inside the blocs should be treated differently than construction outside the blocs, then more housing in Ma’ale Adumim should essentially be ignored. What makes Ma’ale Adumim a little different is that because it is significantly east of Jerusalem, its continued growth poses problems for Palestinian contiguity in the West Bank and – depending on which way it expands – Palestinian access to Jerusalem. But assuming that the new construction does not move north or west, the new units in Ma’ale Adumim are ultimately going to be part of Israel under a permanent status agreement.

Ramot is one of the ring neighborhoods attached to West Jerusalem to the north, and there is an even smaller likelihood than there is with Ma’ale Adumim that it does not remain part of Israel under an eventual peace deal. Far more complicated is Har Homa, which was approved by Netanyahu in 1997 during his first term as prime minister, and is one of only two Jewish neighborhoods in East Jerusalem to be built post-Oslo. What makes Har Homa so controversial is that it is one of two pieces in the jigsaw puzzle cutting off Bethlehem from Jerusalem, and it seriously damages Palestinian continuity in the area south of Jerusalem. Despite being inside the security barrier and the municipal boundary of Jerusalem, it is obvious in glancing at a map why Har Homa makes a final resolution far more difficult, and the fact that its boundary has now outgrown the territory that Israel proposed to annex at Camp David and that it was not included by the Geneva Initiative in Israeli territory illustrates this point further. Its population is now over 25,000 and when push comes to shove it is likely to be part of Israel under a permanent status agreement, but it is one of the best examples there is of how Israel establishes facts on the ground that are specifically intended to make an agreement harder to reach, in this case by strategically expanding what is considered to be part of Jerusalem and cutting off Palestinian access from the southern West Bank.

This leaves the second part of the jigsaw puzzle between Bethlehem and Jerusalem, which is Beit Safafa and Givat Hamatos. The former is an Arab neighborhood, the latter a planned Jewish neighborhood and one of two absolute red lines for the U.S. when it comes to Israeli construction (the other being E-1, across from Ma’ale Adumim) since it would cut off the last remaining corridor between Bethlehem and Jerusalem and make dividing Jerusalem in any permanent status agreement exponentially more difficult. The importance of Givat Hamatos to opponents of two states is evident in the reactions to the approval for Palestinian construction in Beit Safafa, with Zeev Elkin slamming the construction announcement since it does not also include Jewish housing in Givat Hamatos and Naftali Bennett calling it a “Palestinian arrow in the heart of Jerusalem” and a de facto division of the city. The government didn’t have much choice in the matter as the Jerusalem District Court in May ordered the construction of housing in Beit Safafa to move forward since it had already been planned and approved, but the fact that it instantly created pressure on Netanyahu from his right is dangerous. There is no more precarious area beyond the Green Line than Givat Hamatos, and should the neighborhood ever be built, it is hard to see a worse obstacle for the two-state solution.

The policy of the United States is to criticize any building by Israel over the Green Line, and this week’s announcement prompted the expected deep concern from the State Department. Were I the president, however, knowing that Israeli politics and public opinion are where they are and understanding that some construction is nearly innocuous while other construction is deeply deleterious, I would criticize the new units in Kiryat Arba, keep my mouth shut about Ramot and Ma’ale Adumim, project concern over Har Homa with a call not to expound the boundaries of the neighborhood in any way, and make it clear that any moves in Givat Hamatos will be treated as the equivalent of a nuclear option. Yes, this is much more complicated than just criticizing any and all new building, but it would be a policy designed to prevent Israel from doing harm in places where it really matters and get to a two-state solution that both sides will be able to live with.

Sunshine and Rain

June 30, 2016 § 2 Comments

I’ve spent the last week in Israel with IPF exploring the security situation in depth, spending days in the Gaza envelope, Jerusalem seam line, southern West Bank, and Jordan Valley to get a firsthand sense of Israel’s security challenges and requirements. This included meeting with former Israeli generals and national security advisers, American security officials, and Palestinian security and local government officials to get their assessments. The amount that I have absorbed will take awhile to fully process, but let me start with one reason for despondence and one for encouragement.

The most disheartening thing I have seen this week – aside from Hebron, where I hadn’t been for two decades and which provoked in me a unique brew of shock, rage, sadness, and apathy all at once – is the complete lack of daring on both sides. Let’s start with the Israelis. One thing you immediately hear when talking to Israeli officials about doing anything on the Palestinian front is incitement. There is no question that incitement is a genuine problem that should not be dismissed by anyone who takes the Israeli-Palestinian conflict seriously. One high-ranking IDF officer told us how terrorism in the area under his command has morphed from “organized” to “inspired” and is enabled by a social media echo chamber, and incitement is certainly a component in the wave of attacks on Israelis that has only recently abated. Nevertheless, the IDF’s assessment of the wave of terrorism that began in the fall is that twice as many terrorists were motivated by nationalism – i.e. lack of political progress – than by incitement. This should logically warrant the conclusion that it is more important to take constructive steps now, unilaterally or otherwise, to change conditions in the West Bank than to sit pat until all incitement everywhere stops. But using incitement as a reason not to take any steps at all is easy politics, particularly because it provides perfect evidence for the argument that there is no partner and allows the government to maintain the status quo, such as it is, indefinitely.

Notwithstanding the fact that incitement is a concern that must be addressed, and that the Palestinian Authority must answer for its role in fomenting it, ultimately the laserlike focus on incitement is something of a shell game. Initially, Israel argued that the Palestinians were not serious because the PA supported terrorism. Now that the PA has become a full-fledged security partner and has by all accounts cracked down on terrorism to the best of its ability in the West Bank, the new argument becomes that the Palestinians are not serious because of incitement. None of this is an argument that incitement is irrelevant, because it decidedly isn’t. President Abbas’s feet must be held to the fire over the virulent and criminal ugliness that emanates from official Palestinian channels, and hopefully the forthcoming Quartet report will do just that, as expected. But it is pretty clear that Palestinian cooperation is achievable on a number of fronts, and maintaining the status quo everywhere because it is politically safer and more potent to rail against incitement is a wasted opportunity. I understand that the coalition politics of it is difficult for Netanyahu and that nobody justifiably wants to come out and embrace Abbas when he is off accusing Israelis of poisoning Palestinian wells, but sacrificing opportunities to move the ball forward on the altar of political expediency does Israel no favors.

The Palestinians are equally guilty of shooting themselves in the foot for the sake of narrow politics, and in their case they are losing out even more. At nearly every opportunity that presents itself, Netanyahu reiterates his offer to sit down with Abbas and negotiate without preconditions anytime, anywhere. Rather than accept, Abbas jumps through hoops not only to avoid Netanyahu but to also avoid having to meet with any Israeli officials at all, such as just last week when he wouldn’t sit down with President Rivlin in Brussels. Palestinian officials offer a litany of excuses as to why Abbas won’t sit down with Netanyahu, from there not being enough advance notice to refusing to believe that he will actually negotiate once in the room, but what it boils down to is the politics on the Palestinian side. It costs Abbas every time he sits across the table from Bibi and ultimately doesn’t come away with a deal, and so just entering into negotiations is now deeply unpopular. That does not absolve Abbas; leaders are supposed to lead, and he is not. Much like the Israelis, the Palestinians like to shift the goalposts too. First the problem was that Netanyahu wouldn’t negotiate; then the problem was that they could only negotiate once settlements were frozen; then they couldn’t negotiate until building was frozen in East Jerusalem as well; and now it is back to insisting that Abbas can’t meet until Netanyahu first demonstrates good will by again freezing settlement construction. In the meantime, literally every day the situation gets worse for the Palestinians, and Abbas’s own stubborn obduracy not only allows Israel to shift the blame for the impasse entirely onto him – after all, Netanyahu will sit down while Abbas will not – but telegraphs that the political costs to Abbas are more important to him than the policy costs to the Palestinians as a whole. Overall, it is overwhelmingly clear that nothing is going to happen without some shakeup that changes the political calculus for one side or both.

Nonetheless, I came away with two data points that I hadn’t expected to see and that actually make me more optimistic than anything I have seen in years. The first was on the Palestinian side, where multiple Palestinian officials conceded that they had made mistakes by walking away at Camp David and breaking things off with Ehud Olmert in 2008. This was unprecedented for me and for other people I asked with far more experience dealing with the Palestinians, and it genuinely took me by surprise. Whether it heralds a newfound openness and realism I don’t know, but I can only take it as a positive sign.

On the Israeli side, we talked to a number of rightwing policymakers, from retired four star generals to regional council heads and mayors, and to a man, each one of them without hesitation said they would choose a two-state solution over one state. None of them hedged, none of them claimed that there is a realistic outcome other than those two options, and while all of them had a litany of reasons why two states is a bad idea or not implementable, they all reluctantly embraced it as the preferable of the options available. While I do not expect this to translate into a sudden policy shift, it is striking the way that serious people on the right do not pretend that the choice is avoidable, and even more striking just how much the concept of two states has been socialized into the thought and discourse across the political spectrum. I don’t think we are anywhere close to a successful round of negotiations or a permanent status agreement, but I leave Israel thinking that given the right set of circumstances, perhaps things are not quite so bad as many – myself included – have long assumed.

Dithering Over Dani Dayan’s Diplomacy

March 31, 2016 § 1 Comment

There was a revealing debate that played itself out in the pages of Ha’aretz earlier this week after the Israeli government announced that it was appointing Dani Dayan to be the consul general in New York. For those unfamiliar with him, Dayan is the former chairman of the Yesha Council, a position that is the de facto leader of the settlement movement, and he has become in many ways the international face of the settlements through his willingness to write, speak, and engage with foreign audiences. Prime Minister Netanyahu had initially appointed Dayan as Israel’s ambassador to Brazil, but the Brazilian government was not willing to accept his credentials due to his settlement advocacy, so Dayan is now headed to the U.S., where many are looking at him askance.

Bradley Burston captures why Dayan is walking into a situation where he is already behind in the count, cataloguing the new consul general’s rejection of the two-state solution and his desire to annex the West Bank without any corresponding plan to grant the Palestinians living there any political rights. Burston consequently thinks that the American Jewish community should, like the government of Brazil, refuse to accept Dayan’s appointment and demand that he be replaced with someone who reflects American Jewish politics and values and is more in line with the outlook and communal mood of the majority of American Jews. As Burston writes, “To a Jewish community with grave reservations about the consequences of the settlement enterprise and its destructive impact on democracy and economics in Israel, and on peace, security, and human rights throughout the Holy Land, Israel is sending a man who declared, ‘The settlements of Judea and Samaria are not the problem — they are part of the solution.’”

Burston’s colleague Chemi Shalev takes a different tack. Shalev argues that the right way to approach Dayan’s appointment is not by looking at his audience, but by looking at his client. In Shalev’s view, since Dayan is being sent to New York to represent the government of Israel rather than the other way around and since Dayan accurately reflects the government’s views, he is in some ways the perfect envoy. Rather than pretending that the Israeli government embraces policies that American Jews would like to see, having Dayan as consul general in New York will make it clear that the government is not really interested in two states and put an end to the notion that the Netanyahu government is going to eventually come around.

I side with Shalev in this debate for a number of reasons. First, I don’t think it is appropriate to judge Dayan as a diplomat before he has even spent one minute in the job, and it is possible that he will surprise. I have observed Dayan in action on a few occasions, and while there is no question that he is an inveterate rightwinger, I found Burston’s description of him as vindictive and quick to anger as oddly off-base. Having watched Dayan address rooms where he is not only the most rightwing guy there but the only rightwing guy there, he is actually extremely diplomatic; he listens to the other side and then responds in a respectful and cogent way, with a heavy dose of humor. A diplomat isn’t supposed to nod and agree with everything his interlocutors say, but to listen well, argue well, and behave diplomatically. Perhaps Dayan’s intemperate and ill-timed comments on J Street being “un-Jewish” will turn out to be representative, but my limited observations of him point to the opposite.

More saliently, Shalev is right about what Dayan is here to do. A diplomat is supposed to reflect and advance his government’s positions rather than mold him or herself to fit the place where he or she is sent. The fact that Dayan may not be popular with American Jews doesn’t change the fact that he is a perfectly appropriate representative of the current government, and in some ways it would be more insulting to send a consul general to New York who would constantly dissemble and tell American Jews what they want to hear. There is a line between respectfully presenting unpopular positions, and obnoxiously asserting that you know better than everyone else. Some of Israel’s senior diplomats fall into the latter category, which is what makes them so ineffectual, but I don’t think Dayan is of the same ilk.

But the real lesson of Dayan’s appointment is a deeper one. His appointment is the clearest message that the Israeli government has sent yet that it does not view its policies as a problem, but rather the way in which they are presented. Dayan will not pretend to be anything but a rightwing one-stater who views the two-state solution as naïve and unrealistic. He will perfectly represent the current Israeli government as an unapologetic realist who views the bulk of American Jews as out of touch with the reality of Israel’s situation and neighborhood. Yet, the Israeli government sincerely seems to believe that forcefully and consistently presenting this message will change minds here, and that American Jews will eventually come around. Dayan as consul general lets us know that the Israeli government is blind as a bat to the damage caused by its policies, and that it is the naïve party here by assuming that it has a messaging problem rather than a policy problem. Israeli diplomats don’t need to be more forceful in pushing their message; they need a different message to push.

Nothing could illustrate this point better than yesterday’s news that Senator Pat Leahy and ten House Democrats have sent a letter to Secretary of State Kerry asking that he review U.S. military assistance to Israel and Egypt in light of alleged gross violations of human right by both countries. The fact that a relatively miniscule number of legislators signed a letter questioning military assistance to Israel will not matter in the scheme of things, but what is remarkable – and a bad harbinger of things to come – is that eleven members of Congress saw no problem lumping Israel with Egypt on the subject of human rights. It is a grossly inappropriate comparison, even if the intention was not to equate the two but to link their aid status as a legacy of the Camp David agreement, and there is no universe in which Israeli missteps are on the same plane as Egyptian killings and torture of political opponents. But Israel is not in Congressional crosshairs because its message needs to be more finely honed. It is in Congressional crosshairs because its policies in the West Bank are corrosive and inevitably lead to actions that no democracy should commit and that sully Israel’s reputation. This letter is a consequence of Israel mistakenly believing that it only has to explain itself better and give no quarter to its critics in order to make its problems go away. I wish Dani Dayan all the luck in the world, but he is sidling up to the table having already been dealt a losing hand.

Blocs and Borders

March 14, 2016 § 3 Comments

Shaul Arieli has a smart op-ed in Ha’aretz today arguing that the concept of the sanctity of settlement blocs is leading Israel astray. Arieli goes through the history of how the blocs came to be, and more importantly demonstrates the way in which their contours have changed, from security zones in the Jordan Valley and Jerusalem envelope to settlements intended to obliterate the Green Line to more recent efforts on Prime Minister Netanyahu’s part to include areas that bifurcate the West Bank and make a contiguous Palestinian state impossible. Arieli argues that the blocs have no security, demographic, economic, or political logic, and that in fact the idea of these inviolate blocs that Israel will keep in any permanent status agreement actively harms Israel by establishing an incoherent and unstable border. Were Israel to adopt a border that incorporated only settlements not separated by the Green Line from Palestinian towns or infrastructure, Arieli writes that it would significantly shorten the length of the border, leave 75% of Israelis living over the Green Line in their current homes, and create a border that is more secure without hurting the social fabric and contiguity of Palestinian locales.

It’s an excellent piece and I want to highlight it so that people go and read it, but I also want to make two brief complementary points. First, the history of the changing definition of blocs to include, in Netanyahu’s current formulation, places like Ofra, Kiryat Arba, and Kfar Adumim demonstrates the urgent need to define the border of the blocs. The idea that negotiations for two states proceed with an assumption about Israel keeping blocs and nobody knows what those blocs entail means that an agreement in principle might easily blow up once the details have to be hammered out. Furthermore, allowing the blocs to gobble up more and more area destroys any semblance of trust among the Palestinians, and is fundamentally unfair to Palestinian society in the West Bank. The current government’s definition of a border for the blocs would be a very different one than I would draw, but limiting things at all would still be a positive step. It would also force the Israeli government to provide a visual for its current settlement policy, which would make it more difficult for it to insist that everything is fine as is. “Blocs” cannot continue to be an amorphous concept that everyone tiptoes around as if it is – pardon the pun – settled, when in fact the blocs continue to be defined differently depending on who’s doing the talking.

Second, Arieli’s rundown demonstrates to me why a complete settlement freeze is unworkable. I get the argument that any deviation from the 1967 lines as a starting point undermines the core Palestinian conviction that agreeing to negotiations on that basis was their key concession. But Israeli politics cannot be ignored either, and a complete settlement freeze that includes Jerusalem neighborhoods like Gilo is going to be anathema to 95% of Israeli Jews. Each side is going to have to bend on something, and defining the blocs in a fair manner and then freezing everything outside of them – along with a concurrent declaration that everything, including territory inside the borders of the blocs, is subject to future negotiation – is my view of what constitutes a reasonable and likely way of moving forward. Just as the Palestinians view their core concession as recognizing the 1967 lines as relevant at all, Israelis view their core concession as recognizing the PLO and agreeing to negotiate towards a Palestinian state. The reality is that both sides are destined to be deeply disappointed in some manner, and that is how agreements are forged.

How To Lose Friends And Not Influence Anyone

February 18, 2016 § 4 Comments

Israel in the last week has presented two classic case studies on strategic blundering and on precisely how not to conduct a successful foreign policy. One of these cases resulted in little more than embarrassment, but the other will actually have tangible consequences for Israel’s security and long-term military planning. Let’s look at both to see if there are any lessons to be learned for Israel going forward.

The first is the fight with the European Union over labeling goods made in Jewish settlements in the West Bank. When the EU issued its labeling guidelines, the Israeli government’s response was to officially suspend diplomatic contacts with the EU on the topic of the Israeli-Palestinian conflict. This was not merely a cosmetic measure; it came on the heels of Israel withdrawing from bilateral forums with the EU and calling the EU ambassador to Israel on the carpet, and was seen as Israel’s harshest available punishment against the EU in response to the labeling initiative. The presumed intention behind this move was to force the EU to reconsider, admit that it had gone too far, and withdraw the decision. Israel wasn’t wrong; I think that Israel was largely in the right given the way the EU guidelines differentiate between Jewish goods and Palestinian goods (an element that the U.S. guidelines do not have). But Prime Minister Netanyahu, the cabinet, and politicians across the entire spectrum made a big deal over the limited suspension of diplomatic contacts, and played it up as Israel using its power to change EU policy.

So you can imagine just how embarrassed Netanyahu and the government must have been last week when the suspension of diplomatic contacts was halted despite the EU not withdrawing its labeling guidelines. Furthermore, during the conversation between Netanyahu and EU foreign policy chief Federica Mogherini in which Netanyahu agreed to end the diplomatic suspension, Mogherini specifically reiterated the EU’s view that labeling does not constitute a boycott and did not promise that no further measures would be forthcoming. In other words, Israel accomplished nothing but angering EU countries even further, and possibly shot itself in the foot by prompting the emerging French initiative for an international peace conference. The bluster and rage turned out to be irrelevant at best and counterproductive at worst.

The second case is still developing, but it is over the amount of annual U.S. military assistance to Israel. Close followers of this issue will recall that in the aftermath of the absolutely disastrous maneuver that was Netanyahu’s speech to Congress last March, Israel repeatedly deferred discussing the next ten year Memorandum of Understanding that would govern the amount and type of aid until after the Iran deal was either accepted or rejected by Congress – despite the fact that it was clear as day that the votes to reject it were not there – while Israeli officials anonymously expressed confidence that it wouldn’t matter. Except that now it turns out that rejecting repeated U.S. offers to negotiate did in fact matter, as Israel is unhappy with what is now being offered and Israeli officials now anonymously express that Israel would have received a deal more to their liking had they not waited until the Iran deal was concluded and implemented. My guess is that ultimately the aid package will be more than Israel is being offered right now but still less than Israeli officials were anticipating over the spring and summer when they were casually tossing out the number of $5 billion annually as if it was signed, sealed, delivered. Make no mistake though, this is a strategic failure of enormous magnitude, and is just the latest fallout from last March’s speech, which brought Israel not a single measurable benefit.

So what are the lessons from these two episodes for Israeli strategic engagement and diplomacy going forward? Some people will no doubt infer from both of them that the European Union and the Obama administration are out to get Israel and jumped at the chance to do so. I think, however, that there are more level-headed takeaways. First, leverage is paramount in any negotiation and Israel plunged headfirst into both when its leverage was about as weak as it could be. Jerusalem went hard after the EU after Netanyahu and the cabinet had spent over a year making it clear that they were not interested in any type of peace process and only a few days after Netanyahu had rejected separate U.S. and Quartet entreaties to take steps in the West Bank that would demonstrate a commitment to two states. Similarly, Israel purposely put off negotiations over the aid MOU until it had no cards left to play on the Iran deal and after the world had largely moved on. When the U.S. and other world powers were focused on mitigating the Iran threat, then Israel was in the best position to push for military assistance that would blunt that threat. But even in foreign policy, states and leaders have short attention spans, and now that the bandwidth is being consumed almost entirely by Syria and most American decision makers view the threat from Iran as having been temporarily rectified, Israel is not going to find itself with quite so receptive an audience.

Second is that Israel made the mistake of behaving like a global power rather than the regional power that it is. It is mind-boggling that Netanyahu or anyone else genuinely thought that suspending some diplomatic contacts with the EU was going to rattle it into changing its policies in fear of what might come next. It is mind-boggling that Netanyahu or anyone else genuinely thought that it could get anything and everything that it wanted from this administration or any administration (remember how President George W. Bush refused to give Israel bunker busters in 2008?) no matter the context. This isn’t a matter of states disrespecting the world’s only Jewish state. It is a matter of an ironclad law of international relations, which is that relative power matters. Israel too often acts as if it is dealing with equals when in fact it is the subordinate party when it comes to the EU and even more so the U.S.

Finally, as with Netanyahu’s speech to Congress, there is an element of hubris and a complete misreading of domestic politics involved. The settlement labeling initiative, which passed the European Parliament 525-70, isn’t even a close call in European politics; the idea that the Israeli government believed that it could downgrade relations with the EU and get a different result was hopelessly naïve. Truth be told, Israel’s response probably only reinforced for many European leaders that they were making the right move. On the U.S. side of things, following the Congressional speech debacle, months of intensive lobbying against President Obama’s signature foreign policy priority, and open statements and insinuations that the White House wasn’t smart or knowledgeable enough to know what it was doing, Israel expected none of these factors to impact at all on dealings going forward. To call this foolish is being charitable. This isn’t to say that Israel shouldn’t have taken these steps if it actually thought that they would affect the outcome of the Iran deal, but that it shouldn’t have done them without first thinking through the consequences and accepting the costs. These are all things that should be on the minds of Israel’s leaders going forward when they make decisions on which pitches to swing at and which pitches to take.

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.

Truth In Advertising

February 4, 2016 § 1 Comment

There has been much sound and fury over the past couple of weeks over labeling; more specifically, over the labeling rules for goods coming into the United States that are produced in the West Bank. There is lots of misinformation going around about the rules and even why they are now in the news, so in order to make it easier to have an informed opinion, I thought I’d write a quick and handy guide to the labeling controversy answering everyone’s questions.

Why is the Obama administration coming up with new ways to punish Israelis when there are much bigger problems going on in the Middle East? Actually, the Obama administration didn’t come up with anything new here at all. The labeling controversy erupted as a result of U.S. Customs and Border Protection issuing a reminder on January 23 about the existing rules on the books for how products made in the West Bank must be labeled. The rules, which were enacted in 1995 with the support of the Israeli government as a way to boost the Palestinian economy, state that any products made in the West Bank or Gaza shall be labeled as coming from the West Bank or Gaza but cannot be labeled with the phrases “Israel,” “Made in Israel,” “Occupied Territories-Israel,” or a similar variation. It is an open question as to why Customs decided to issue this reminder now for a rule that has been honored more by its breach than its enforcement. It could have been a matter of routine, it could have been as a result of outside complaints, it could have been due to the new EU settlement goods regulation, or it could have been because the White House or State Department asked for it to be done. For those who want to assume the worst and jump on President Obama for his perfidious treatment of Israel, however, let’s remember that the same people now calling for the president’s head over a low level bureaucratic organization issuing a policy reminder twisted themselves into knots in insisting that Prime Minister Netanyahu was entirely in the dark when a low level bureaucratic organization issued plans for new construction in Ramat Shlomo during Vice President Biden’s visit to Israel in March 2010. Funny how all perceived affronts to the U.S. committed by Israel are nothing but unfortunate mistakes of timing or bureaucratic slip ups beyond the prime minister’s control, but any perceived false move toward Israel from one of the executive branch’s four and a half million employees must have been cooked up in the Oval Office by the president himself. 

Who cares whether the president did this himself or not? How dare anyone allow the boycott of goods made by Israelis! Why is the president supporting BDS? I agree; economic and cultural boycotts of Israel and Israelis are odious in my view, and the BDS movement is about destroying Israel as a Jewish state rather than ending the occupation of the West Bank. Of course, we may as well be discussing the merits of the revamped Boston Red Sox starting pitching staff as discussing BDS, since they both are equally irrelevant to the topic at hand. As we all know from the Israeli government’s position over Israel’s proposed NGO bill, labeling things is about transparency and information rather than about a value judgment. In any event, whether you think that labeling things is justified or not, it is certainly a completely different animal than a boycott since it places no barriers on anyone’s ability to buy goods made in the West Bank.

Ok, fine. But the Obama administration is singling out stuff made by Jews! Isn’t that only a short skip and a jump away from the Nazis and the Nuremberg Laws? This is a popular position being expressed in my Facebook feed, but it has the unfortunate element of being not true. The key difference between U.S. labeling requirements and European labeling requirements is that the U.S. does not distinguish between goods made by Jews or Palestinians, or between goods produced in Jewish settlements versus goods produced in Palestinian towns and villages. To suggest that this is a measure targeting Jews is completely wrong, since a widget produced in Efrat is given the same label as a widget produced in Jenin. In fact, the American labeling regulation should actually appeal in many ways to the pro-Israel community, since it does not allow for a category of “Made in Palestine,” which the EU explicitly mandates as an option, and it also rules out using the phrase “Occupied Territories.” Unlike the EU regulation, the U.S. version explicitly recognizes that the West Bank is disputed territory still subject to negotiation.

Your absence of outrage over this is outrageous. Why aren’t you angry? Quite simply, this is a policy that not only makes sense to me, but comports with Israel’s official position on the West Bank. Israel has not annexed the West Bank, and the core of the defense of Israeli democracy despite the occupation is precisely that the West Bank has a different status. Mirroring Israel’s treatment of the West Bank as a distinctly separate entity without prejudicing the outcome of any future permanent status agreement is something with which I find it hard to quibble.

Furthermore, maintaining a conceptual barrier between Israel and the West Bank makes it harder to delegitimize Israel down the road. Conflation of Israel and the West Bank is precisely what the BDS movement tries to accomplish through the back door. It denounces Israel’s occupation of the West Bank but also denounces Israel’s very existence as a Jewish state by calling for a full right of return, and by relying on people not sophisticated enough to grasp the distinction between Israel and territories under Israel’s control, it marshals those who oppose the occupation into actually opposing Israel itself. The very core of the BDS argument – that Israel is an illegitimate apartheid state – rests on erasing any line between Israel and the territories under Israeli military control and then arguing that robust Israeli democracy inside of the Green Line makes no difference because of what takes place beyond it. Why should the U.S. assist in this maneuver by itself erasing the difference? People will make up their own minds as to whether the U.S. rule on labeling is innocuous or an affront, but to throw a fit over a reminder about a twenty year old law that was enacted at Israel’s behest; that in no way boycotts Israeli goods but in fact treats all goods made in the West Bank identically irrespective of who made them; that does not use the terms Palestine or occupation; and that reflects Israel’s own view of the West Bank’s status; is to my mind a waste of energy that should be directed elsewhere.

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