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.
January 14, 2016 § 1 Comment
Much ado has been made lately over Israel’s now infamous bill regulating non-governmental organizations. This is the proposed legislation requiring Israeli NGOs receiving a majority of their funding from foreign governments to report their funding sources and their representatives to wear identifying badges while in the Knesset. The bill has drawn the ire of many, who note that it applies disproportionately to NGOs on the left rather than the right, the former receiving funding primarily from European governments and the latter receiving funding primarily from individuals, most of them Americans. It has drawn condemnation from a wide range of groups and people on both sides of the ocean, including MKs in the coalition, such as former U.S. ambassador and current Kulanu MK Michael Oren, who said that he will not vote for it. Despite all of the concern, I’m a lot less worried than most. I actually don’t see the bill itself as that big of a deal.
There’s no question that the bill is problematic. The bill is redundant, as the reporting requirements that it mandates already exist under Israeli law. I am uncomfortable with any measure targeting NGOs, let alone one with such nativist tones. The comparisons that Justice Minister Ayelet Shaked has made to the U.S. Foreign Agents Registration Act are facile, as Lara Friedman has pointed out. Only someone with partisan blinders on genuinely believes that this bill is about transparency rather than a naked attempt to hamper leftwing organizations while leaving rightwing organizations untouched.
Ultimately though, the effect of the NGO bill if passed will be to subject representatives of some NGOs to unwarranted humiliation while they are visiting the Knesset building. Is that something to ideally be avoided? Of course. Is it a “danger to Israeli democracy” or “the kind of tactic that Russia and China have employed to squelch dissent,” as the Washington Post editorial board has written? I think that is overstating the case in a significant way. China’s NGO law forbids any funding from abroad, full stop. Russia’s NGO law allows the government at its discretion to shut down foreign-funded organizations and fine and imprison those organizations’ employees. Egypt’s NGO law requires government approval before an NGO can accept overseas funding, and the penalty for noncompliance is seizure of assets and shuttering the organization. The Israeli NGO bill is ugly and unpleasant, but it occupies a different universe than NGO laws around the globe that are genuine threats to a country’s democratic viability.
So now that I have established myself as the least popular guy in the liberal Zionist room, why should you still be worried about this bill? The reason is that the bill itself is not authoritarianism come to life, but it is part of a larger trend of things that are far worse. The NGO bill is a misdirection play that has lots of people and organizations mobilizing against it, when the graver danger is taking place elsewhere.
The strongest objection to the NGO bill is that it subsumes democracy to nationalist politics. Too often, Prime Minister Netanyahu and the current government have caused Israeli democracy to suffer for the sake of scoring political points. It has been obvious for years now – as the most radical elements of the settler movement went from establishing illegal outposts to inciting against the IDF to “price tag” attacks to firebombing houses with their occupants in them – that the decision to enforce a law depends on the identity of the perpetrators. There is the constant threat of a nation-state bill that explicitly prioritizes Israel’s Jewish character over its democratic character. There is the ongoing absurdity of arresting rabbis for performing unsanctioned wedding ceremonies, which is extremism personified and is largely still maintained so that Netanyahu can mollify his preferred coalition partners, who give him a blank check when it comes to nationalist policies.
Israel’s standing in the world is also allowed to erode for the sake of placating political allies. One of Netanyahu’s own cabinet ministers, Uri Ariel, violates Israeli law with repeated attempts to pray on the Temple Mount and nearly ignited a full blown crisis with the United States when his secret building plans for E-1 came to light, but he remains in his post untouched. Deputy Foreign Minister Tzipi Hotovely, the effective acting Foreign Minister, infuriated the Jordanians and other Arab counties by calling for the Israeli flag to fly over the Dome of the Rock, yet she remains Israel’s de facto top diplomat. The Israeli ambassador to the United Nations has disavowed the two-state solution, and Brazil is refusing to accept the credentials of Netanyahu’s ambassador-designate since he was formerly head of the settlers’ umbrella Yesha Council, but Netanyahu has not treated these glaring problems with the gravity that they deserve.
Is it any surprise then that actual extremists believe they can act with impunity in ways that genuinely challenge Israeli democracy? Ali Dawabshe’s murderer Amiram Ben Uliel and the members of HaMered that stabbed the toddler’s pictures at a wedding reception are not representative of Israeli society writ large, but neither should they be viewed as isolated random noise. When a Jewish group that perpetrated a string of murders of Palestinians, firebombings of churches, and price tag attacks was finally broken up, the government described them as unconnected to any larger political program or viewpoint. In contrast, when a sole Arab gunman with a history of mental problems went on a terrifying shooting rampage in Tel Aviv, Netanyahu spoke stridently about the unacceptable lawlessness of the entire Israeli Arab sector. There is a consistent message emanating from the top of the Israeli government down through Israeli society, and it is an ugly one.
The NGO bill is to my mind the least worrisome element in this catalog of concerns. But it is the shadow on the wall of Plato’s cave, reflecting a deeper truth that is taking place. By all means get worked up about the NGO bill, but keep it in perspective. Should it pass, Israeli democracy will not die. That doesn’t mean that Israeli democracy deserves a clean bill of health.
January 7, 2016 § 4 Comments
The discourse in Israel lately has got me thinking about my first year of law school. One of the first things we were taught was that success in the law (and on law school exams) relies on being able to distinguish cases based on different facts. You may have two similar corporations that refuse to honor similar contracts under similar circumstances, but one will be a breach of contract and one will not depending on all sorts of mitigating factors. In observing what is deemed to be acceptable or not by the Israeli government and its supporters on one side and its detractors on the other, it is handy to have a decision tree at the ready.
For example, let’s examine the issue of foreign funding for non-profit non-governmental organizations. The recent NGO bill that is causing such a stir after passing an initial vote in the cabinet is predicated on the assumption that accepting too much money from sources outside of Israel effectively makes organizations foreign agents who may have nefarious ulterior motives. Its sponsor, Justice Minister Ayelet Shaked, made that argument explicitly in an op-ed this week in which, after comparing the proposed bill to the U.S. Foreign Agents Registration Act, she wrote, “Like the United States, we have discovered in recent years the danger posed by the existence of forces financed by foreign money.” So the problem appears to be foreign influence, right?
Except that the bill only applies to money coming from foreign governments, not from individuals. Perhaps that is because the bill’s sponsors and supporters only view foreign influence as nefarious if it is governmental influence and not general non-Israeli influence, which is certainly a reasonable position to take. Or perhaps it is because leftwing Israeli NGOs tend to receive their funding from foreign governments while rightwing Israeli NGOs tend to receive their funding from foreign individuals. Or perhaps it is because the most prominent example of foreign funding in Israel is the country’s highest circulation newspaper, the pro-Netanyahu Yisrael Hayom, which is owned by Sheldon Adelson and distributed for free to the tune of millions of dollars lost annually, so decrying any and all foreign monetary influence would quickly become awkward. The point is, it is difficult to take a position on foreign funding without consulting your scorecard.
The same goes for labeling, which is another component of the NGO bill. Representatives from affected NGOs would be required to wear special identification badges while in the Knesset similar to the ones required of lobbyists. The bill’s supporters – which include the entire Israeli cabinet that voted for it unanimously – describe this as a victory for transparency and good government in that it only provides MKs with information without actually impeding the ability of NGOs to operate. More information leads to better and accurately informed decisions, and so there is no problem with slapping informational labels on stuff, right?
Except that this argument gets turned on its head when it applies to the European Union guidelines calling for goods produced beyond the Green Line to carry labels declaring them to come from the settlements. In that instance, proponents of the effort to label NGOs based on where their funding originates fundamentally oppose the effort to label goods based on where their production originates. Shaked, for instance, stated in response to the EU that “European hypocrisy and hatred of Israel has crossed every line” and that the move was anti-Semitic and anti-Zionist. The free speech for me but not for thee dynamic is not, of course, confined to Shaked or the Israeli right. The EU, which insists that the settlement goods labeling initiative is nothing more than an apolitical technical move, stating “The Commission is providing guidance to the EU member states and economic operators to ensure the uniform application of the rules on indication of origins of Israeli settlement produce,” unsurprisingly does not view the NGO bill in a similar light. Rather than viewing it as a mechanism to ensure uniform application of information on origins of NGO funding, the EU’s response was to warn Israel about “reigning in its prosperous democratic society with laws that are reminiscent of totalitarian regimes.” As with foreign funding, one’s perspective on labeling depends on where you happen to be sitting with regard to the particular initiative under consideration.
Other examples abound as well. When Netanyahu declared last week that he was not willing to accept pockets of citizens who do not abide by the laws of the state and who instead foment hatred and radicalism, it would have been a logical response to the indictment of Amiram Ben Ulliel, the alleged murderer of Ali Dawabshe, who is part of a larger movement of hilltop youth that are plotting to overthrow the state. Netanyahu instead was referring to the Arab Israeli sector following the shooting rampage carried out by Nashat Melhem, a lone gunman who has not been tied to any larger group or plot. While Netanyahu’s condemnation of Ben Ulliel has been unequivocal, his tarring of all Israeli Arabs for the actions of one compared to how he speaks about the radical right as isolated from any broader trends speaks volumes. Far more egregious is Joint List MK Osama Sa’adi, who refused to categorize the October murders of Eitam and Na’ama Henkin as terrorism because “Settlers are occupiers that steal the land of the Palestinian nation. We are against harming innocent civilians, but there is a difference between settlers, who are occupiers, and Tel Aviv.” Or Habayit Hayehudi MK Bezalel Smotrich, who says that the Dawabshe firebombing was not terrorism because terrorism can only be perpetrated against Israelis, not by them.
Perhaps issues in Israel are always so divisive and subject to hypocrisy and I am falling prey to the availability heuristic, but the current period seems to be more rife with such examples than usual. It would be great if everyone could take a deep breath, acknowledge that some issues are indeed matters of life and death and others aren’t, and see that a little more consistency combined with a dose of empathy would do the entire country some good. Unfortunately, I fear that I am destined to remain frustrated.
July 18, 2014 § 9 Comments
If Prime Minister Erdoğan is to be taken at his word, we can officially declare Israeli-Turkish rapprochement dead. Speaking this morning, Erdoğan announced that under no circumstances will Turkey’s relationship with Israel improve as long as he is in power – which after the presidential elections next month, will be for a long time – and that the West can protest all it likes to no avail. Erdoğan also accused Israel of committing genocide and of knowing best how to kill children, which was a repeat performance from yesterday when he alleged that Israel has been committing systematic genocide against Palestinians during every Ramadan since 1948. This comes after more delightful outbursts earlier this week, during which Erdoğan claimed that there have been no rockets fired into Israel since there have been no Israeli deaths and compared Israeli MK Ayelet Shaked to Hitler, among other things.
Never one to be left out of the action, Foreign Minister Ahmet Davutoğlu accused Israel of crimes against humanity and revealed that he has never taken Israel Foreign Minister Avigdor Lieberman seriously (although to be fair, that last point bolsters the case for Davutoğlu’s good sense). Ankara’s mayor Melih Gökçek, fresh off the heels of tweeting out pro-Hitler sentiments, urged his government yesterday to shut down the Israeli embassy in Ankara, referring to it as “the despicable murderers’ consulate” and stating that “they are 100 times more murderous than Hitler.” Not to be outdone, Bülent Yıldırım, the odious head of the “humanitarian relief NGO” IHH – the same NGO that organized the Mavi Marmara flotilla – warned Jewish tourists (yes, he said Jewish rather than Israeli, and yes, that was deliberate on his part) not to show their faces in Turkey and threatened Turkish Jews that they would pay dearly for Israel’s actions in Gaza.
While Yıldırım may have come to the conclusion of collective Jewish guilt on his own, he also could have been influenced by Yeni Akit reporter Faruk Köse. Köse wrote an open letter in his newspaper on Tuesday to the chief rabbi of Turkey in which the phrase “Siyonist/Yahudi Terör Üssü” – which translates to Zionist/Jewish terror base and is his oh-so-clever term for Israel – appeared seven times while he demanded that the rabbi and his flock apologize for Gaza because Turkey’s Jews have lived among Turks for 500 years and gotten rich off them and now support the terrorist Israeli state. Or perhaps Yıldırım is a dedicated reader of Daily Sabah, the English language AKP propaganda organ where Melih Altınok argued yesterday that not only Turkish Jews but Jews everywhere need to, in his words, “make a historic gesture” and denounce Israel publicly. According to his logic, Israel’s actions are solely responsible for increasing anti-Semitism in the world, and “hence, nationalist Jews as well as the humanist and anti-war Jews have to calculate the situation” and do what is necessary in order to stem the inevitable backlash against them. Lovely, no?
What a surprise and shock it must have been then when last night, mobs that included MPs from the AKP attacked the Israeli embassy in Ankara and consulate in Istanbul, leading Israel to reduce its diplomatic staff in the country and to send the families of diplomatic staff home. The police in Ankara, who are never hesitant to break out the tear gas, truncheons, and water cannons against Turkish civilians protesting things like government corruption, were mysteriously somehow powerless this time as they stood on the sidelines and watched. Of course, there can’t possibly be a connection between the rhetoric of high government officials lambasting Israel as a genocidal terror state and mobs attacking Israel’s diplomatic missions and chanting for murder, right? This is clearly all a misunderstanding and emanates not from Erdoğan using ugly and hateful tactics to improve his political standing but completely and entirely from Israel’s actions. Now please excuse me while I go wash off the sarcasm dripping from my keyboard.
I understand why Turks are upset about the images and news reports coming out of Gaza. Just as Diaspora Jews feel a deep sense of kinship and brotherhood with their Jewish brethren in Israel, there is a genuine sense of pan-Muslim solidarity between Turks and Palestinians. While I believe that Israel tries in good faith to minimize civilian casualties, not only do mistakes happen but sometimes Israel makes intentional decisions – like every other country in the history of the world that has ever fought a war – that it knows will lead to civilian deaths. I get the anger and frustration, and I see it personally from Turkish friends on my Facebook feed and my Twitter stream, who are furious with Israel not because they are Jew-hating anti-Semites but because they deplore the mounting civilian death toll in Gaza, which they see as disproportionate and excessive. And it isn’t just the AKP; anger at Israel is widespread among all segments of the population, as evidenced by the multiple leftist Gaza solidarity rallies taking place in Turkey today and by joint CHP/MHP presidential candidate Ekmeleddin Ihsanoğlu bashing Israel’s actions in Gaza and the CHP generally trying to score points over the last few days by absurdly trying to paint the AKP as in bed with Israel and complicit with its actions. Israel isn’t exactly popular in Turkey, to make the understatement of the decade, and to expect Turkish politicians to hold their tongues completely or to support Israel’s actions in Gaza is unreasonably naive.
But there is a world of difference between criticizing Israel out of a deeply held difference of opinion versus comparing Israelis to Hitler, equating Israel with Nazi Germany, throwing around the term genocide, openly advocating violence against Israeli nationals and property, and threatening Jews over Israel’s behavior. It is completely beyond the pale, and anyone who cares a lick about liberal values should be denouncing it loud and clear without qualification. Erdoğan is appealing to the darkest forces imaginable in order to win a presidential election and bolster his laughably pathetic standing in the Arab world, and let’s not forget that he said straight out today that he will never normalize or even improve relations with Israel while he is in office. He has dropped the charade that this has anything to do with the Mavi Marmara or even a set of fulfillable demands that Israel is not meeting, so let’s all remember that the next time someone blames Israel for the impasse in the bilateral relationship. Erdoğan is anti-Israel because he does not like Israel, full stop. If Israel withdrew its forces from Gaza, stopped responding to Hamas rockets with missiles, ended the blockade, and awarded Khaled Meshaal the Israel Prize, Erdoğan and Davutoğlu would just find some other reason not to normalize relations. Yes, the situation in Gaza undoubtedly plays a big role in all of this – just look at Israeli-Turkish relations under the Erdoğan government between 2002 and 2008, which were cordial and cooperative – but it’s about more than that at this point. Erdoğan and the AKP have gone too far down the garden path of anti-Israel rhetoric at this point to ever turn back.