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.

Why The NGO Bill Does And Doesn’t Matter

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.

The Barak-Bibi Bromance Begins To Break

September 25, 2012 § 1 Comment

Remember on Friday when I wrote that Ehud Barak is looking ahead to elections and is going to try and distance himself from Bibi Netanyahu? We got some further confirmation of this yesterday with Barak’s interview in Israel Hayom (the full interview was published today), in which he advocated that Israel pursue a policy of unilateral withdrawal from the West Bank while holding onto the three largest settlement blocs – Ariel, Gush Etzion, and Maale Adumim – which contain 90% of the settler population in the West Bank. Predictably, Barak got blasted from both the left and the right and was accused by everyone of naked electioneering and fishing for votes.

There is something slightly off about Barak calling for unilateral withdrawal though in an effort to make himself more popular with voters. First, Barak was the first Israeli politician to attempt this maneuver when he withdrew Israeli forces from Lebanon during his stint as prime minister, and in the aftermath of the 2006 Lebanon War it is widely perceived to have been a strategic failure. Given that Barak is already associated with a failed unilateral withdrawal, it seems strange for him to remind voters of his previous failure by advocating for another unilateral move. Second, as Yesha head Dani Dayan and others pointed out in the course of criticizing Barak, unilateral withdrawal is not particularly popular with the Israeli public, and so you have this curious anomaly where a bunch of politicians are calling out Barak for trying to gin up votes while simultaneously reminding everyone that there are no votes to be had in what Barak is advocating. If Barak is trying to appeal to voters, why would he do so by pushing a policy that is massively unpopular? Third, new elections have yet to be scheduled and are unlikely to be held sooner than six months from now, so if Barak thinks that unilateral withdrawal is the key to his political resurgence, why bring it up now rather than closer to the election?

I think that Barak does indeed have politics in mind, but it is not so much about trying to lock down votes right now as it is about beginning the process of breaking up with Netanyahu. Barak is smart enough to see that while Netanyahu is almost certainly going to remain as prime minister after the next election, his stock and popularity have suffered a big hit. Barak at this point is going to do everything he can to put distance between himself and Bibi and try to make voters believe that he and Netanyahu have not been as close as everyone thinks. He is going to seize on any high profile issue, irrespective of its popularity, that creates a contrast with Netanyahu – unilateral withdrawal, dismantling illegal settlement outposts or neighborhoods, prosecuting settlers who build without a permit, etc. – in an attempt to reestablish his street cred with the center and the left, who think he has given cover to Bibi’s war talk on Iran. I am also going to go on record with the controversial call of the day, which is that at some point before the next election, Barak is going to go so far as to quit his post as defense minister. As I’ve written, I don’t think that an Israeli strike on Iran is in the cards at the moment, and that means that Barak’s raison d’être in this government is largely over. He is not going to be allowed to run on Likud’s list and there is no way or reason for him to continue to hitch his wagon to Netanyahu’s star. The visit with Rahm last week – which, by the way, Netanyahu did not know about – and the interview with Israel Hayom are the beginning of the end for the Netanyahu-Barak relationship of convenience.

Dani Dayan’s Terrifyingly Transparent Op-Ed

July 26, 2012 § 2 Comments

I had planned to write about something else today, but Yesha chairman Dani Dayan’s op-ed in the New York Times requires a comment or a thousand (be forewarned, this post is on the longer side). Dayan has written a good summation of the settler leadership’s views, and it is instructive in that it does not attempt in any way to hide the ball but also rests on a series of false assumptions and logical inconsistencies. I thought I’d go through it paragraph by paragraph, since there is a lot in here to unpack.

Whatever word you use to describe Israel’s 1967 acquisition of Judea and Samaria — commonly referred to as the West Bank in these pages — will not change the historical facts. Arabs called for Israel’s annihilation in 1967, and Israel legitimately seized the disputed territories of Judea and Samaria in self-defense. Israel’s moral claim to these territories, and the right of Israelis to call them home today, is therefore unassailable. Giving up this land in the name of a hallowed two-state solution would mean rewarding those who’ve historically sought to destroy Israel, a manifestly immoral outcome.

To begin with, you almost have to admire the fealty to terminology. You will never catch Dayan referring to the West Bank as anything but Judea and Samaria (Yehuda and Shomron in Hebrew), and much like Peter Beinart with his call to rename the West Bank “non-democratic Israel” Dayan seems to think that the term West Bank is somehow an ideologically loaded one. I disagree, but it is a good peek into Dayan and the settler leadership’s mindset that they think calling the West Bank by its biblical name is somehow going to change people’s minds, as if it is simply a matter of psychological trickery. The other interesting thing to note is the bait and switch between the Arab armies seeking to destroy Israel in 1967 and the Palestinians to whom the West Bank would be given. There is no question that Hamas has “historically sought to destroy Israel” but the implication is that yielding the West Bank would reward the losers of the Six Day War, which is not the case.

Of course, just because a policy is morally justified doesn’t mean it’s wise. However, our four-decade-long settlement endeavor is both. The insertion of an independent Palestinian state between Israel and Jordan would be a recipe for disaster.

The influx of hundreds of thousands of Palestinian refugees from Syria, Lebanon, Jordan and elsewhere would convert the new state into a hotbed of extremism. And any peace agreement would collapse the moment Hamas inevitably took power by ballot or by gun. Israel would then be forced to recapture the area, only to find a much larger Arab population living there.

Moreover, the Palestinians have repeatedly refused to implement a negotiated two-state solution. The American government and its European allies should abandon this failed formula once and for all and accept that the Jewish residents of Judea and Samaria are not going anywhere.

This is where Dayan begins his strategy of appealing to security and political reasons not to give up the West Bank rather than making arguments about moral and historical justifications. I suspect he is doing this because he knows the latter arguments will not be winning ones with this particular audience, but his case is built on some contentious assumptions. First, the notion that Palestinian refugees are universally extremist is not a given, and the idea that Hamas will “inevitably” take power is also not assured. A Palestinian state in the West Bank that emerges following negotiations with Israel will be accompanied with massive international financial and security assistance to the Palestinian Authority, and a Hamas takeover is not a fait accompli, as Dayan would have it. Furthermore, Hamas already does control Gaza, and Israel has not been forced to recapture the area despite the problems that Hamas rule in Gaza has presented, so again we have a logical leap here that is presented as fact. Finally, it is true that the Palestinians have repeatedly turned down Israeli offers for a two-state solution, but Israel has not been entirely blameless in this process and Dayan rejects the very premise of a Palestinian state on the West Bank anyway, so this point is not at all relevant to his argument.

On the contrary, we aim to expand the existing Jewish settlements in Judea and Samaria, and create new ones. This is not — as it is often portrayed — a theological adventure but is rather a combination of inalienable rights and realpolitik.

This is what I mean about not trying to hide the ball. Dayan is extremely forthright about what he and the settlers for whom he speaks want, and I think his honesty in talking to a non-Israel audience is a good thing for which he should be commended. There is way too much dissembling on all sides when it comes to settlements, the peace process, and accepting Israel’s right to exist, so clear and open statements are welcome. The more noteworthy point here is that Dayan is claiming that settlement growth is a matter of rights and practical considerations rather than theology, and this is where he is not being entirely honest, as we shall see below.

Even now, and despite the severe constraints imposed by international pressure, more than 350,000 Israelis live in Judea and Samaria. With an annual growth rate of 5 percent, we can expect to reach 400,000 by 2014 — and that excludes the almost 200,000 Israelis living in Jerusalem’s newer neighborhoods. Taking Jerusalem into account, about 1 in every 10 Israeli Jews resides beyond the 1967 border. Approximately 160,000 Jews live in communities outside the settlement blocs that proponents of the two-state solution believe could be easily incorporated into Israel. But uprooting them would be exponentially more difficult than the evacuation of the Gaza Strip’s 8,000 settlers in 2005.

The attempts by members of the Israeli left to induce Israelis to abandon their homes in Judea and Samaria by offering them monetary compensation are pathetic. This checkbook policy has failed in the past, as it will in the future. In the areas targeted for evacuation most of us are ideologically motivated and do not live here for economic reasons. Property prices in the area are steep and settlers who want to relocate could sell their property on the free market. But they do not.

So now I am confused – are settlers motivated by material self interest or are they motivated by ideology? The explosion in the settler population has largely been fueled by the rising cost of living in Israel’s cities and the economic incentives provided by the government t0 move to the settlements, but Dayan does not mention that here. He then says that the 160,000 settlers living in areas not envisioned to be incorporated into Israel following a peace deal are ideologically motivated – read: theologically motivated – so despite his claim in the previous paragraph about rights and realpolitik, it now appears is if the issue is something else entirely, which is a religious attachment to the land. I understand and empathize with this position, but let’s then drop the charade that this about Israel’s strategic interests.

Our presence in all of Judea and Samaria — not just in the so-called settlement blocs — is an irreversible fact. Trying to stop settlement expansion is futile, and neglecting this fact in diplomatic talks will not change the reality on the ground; it only makes the negotiations more likely to fail.

Given the irreversibility of the huge Israeli civilian presence in Judea and Samaria and continuing Palestinian rejectionism, Western governments must reassess their approach to resolving the Israeli-Palestinian conflict. They should acknowledge that no final-status solution is imminent. And consequently, instead of lamenting that the status quo is not sustainable, the international community should work together with the parties to improve it where possible and make it more viable.

This is bound to infuriate those who have been warning for the past decade about Israel creating facts on the ground in order to impede the possibility of a Palestinian state, and it also demonstrates why the Palestinian insistence on preconditions to negotiating has been such an unmitigated disaster. It also gives a good window into the emerging support on the right for a one-state solution, and what is so fascinating here is that Dayan is writing as if he thinks that there an actual possibility that Western governments will simply back off and watch Israel turn the current status quo into a permanent annexation of the West Bank. If you want evidence of the horrible miscalculation and naivete of the settler right, led by Dayan and MKs like Danny Danon, look no further.

Today, security — the ultimate precondition for everything — prevails. Neither Jews nor Palestinians are threatened by en masse eviction; the economies are thriving; a new Palestinian city, Rawabi, is being built north of Ramallah; Jewish communities are growing; checkpoints are being removed; and tourists of all nationalities are again visiting Bethlehem and Shiloh.

While the status quo is not anyone’s ideal, it is immeasurably better than any other feasible alternative. And there is room for improvement. Checkpoints are a necessity only if terror exists; otherwise, there should be full freedom of movement. And the fact that the great-grandchildren of the original Palestinian refugees still live in squalid camps after 64 years is a disgrace that should be corrected by improving their living conditions.

 What a nice rosy portrait of the West Bank. Somehow, I doubt that most of its Palestinian residents would agree with it. Dayan is also pushing the conviction of the settler right that as long as Palestinians in the West Bank have good living conditions and increased economic opportunities they won’t care about having political rights. This is practically wrong and morally wrong, and the fact that Arab countries have treated Palestinians in a detestable manner does not obviate Israel’s obligation to do better. If Dayan and his political allies actually think that they can get away with annexing the West Bank while preventing Palestinians from enjoying the same political rights as Israelis, they are going to be in for a very rude awakening as they drive Israel right off a cliff.

Yossi Beilin, a left-wing former Israeli minister, wrote a telling article a few months ago. A veteran American diplomat touring the area had told Mr. Beilin he’d left frightened because he found everyone — Israel, the Palestinian Authority, Jordan and Saudi Arabia — content with the current situation. Mr. Beilin finds this widespread satisfaction disturbing, too.

I think it is wonderful news. If the international community relinquished its vain attempts to attain the unattainable two-state solution, and replaced them with intense efforts to improve and maintain the current reality on the ground, it would be even better. The settlements of Judea and Samaria are not the problem — they are part of the solution.

There are many problems with this type of thinking, but one of the biggest is that the world is not static. Just because the West Bank is quiet now does not mean that it will be so forever. The first intifada took Israel by surprise, and then the second one was even more challenging and violent than the first. There is little doubt that the third one – and make no mistake, a third intifada is going to happen at some point – will be even worse than the previous two, at which point Dayan’s conclusion goes up in smoke.

The emergence of real support for a rightwing one-state solution is terrifying to me, and Dayan’s op-ed crystallizes in concise form why it is happening. The settlement movement is busy convincing itself that settlements have become permanent and immovable, and nothing that the Netanyahu government has done, from commissioning the Levy Report to the continuing efforts to push off the High Court’s order to evacuate Migron, have disabused them of that notion. More dangerously, the settler leadership is also convincing itself that Israel will be able to get away with a binational state. The Israeli public desperately needs to be convinced that this is a problem that cannot be ignored, because most Israelis are not going to like what happens if this outcome actually emerges, and unfortunately the far right seems to be the best motivated party at the moment. Dayan’s piece needs to be a wakeup call, since it is nakedly transparent on what the settlers want to accomplish while also being dangerously naive and shortsighted about what will happen if they are successful.

Thinking Strategically on Settlements

July 13, 2012 § 1 Comment

Shimon Peres gave a speech this week in which he warned about the danger that settlements pose to Israel’s Jewish majority. He spoke about a “threatening demographic change” and pointed out that without a Jewish majority, Israel will cease to be a Jewish state. This prompted predictable outrage from the right, with Yesha head Dani Dayan inveighing that the only danger to the Jewish state is conceding the right to the West Bank and 350 rabbis sending Peres a letter in which they said he should beg for forgiveness for the peace process and criticized his “hallucinatory ideas.” Peres’s speech also, however, brought opprobrium from the left, as various people were upset that Peres framed the problem with settlements as a strategic problem rather than an ethical or moral one. In this view, the primary problem with the settlements is that they are furthering the occupation and preventing a Palestinian state, and thus the argument against them should be that Israel is perpetrating an unethical policy in the West Bank and settlements should be denounced primarily as conflicting with the value of a democratic state and a Jewish state.

I am sympathetic to this argument, but it ignores the politics of the situation and misses the long view. The left and center-left do not need any convincing on the need for Israel to abandon the settlement enterprise outside of the major settlement blocs that Israel will presumably keep in a peace deal. If there is to ever be real movement on this issue, it is the right that needs to be brought around, and arguments about Palestinian rights are unlikely to be convincing. I do not mean to suggest that everybody on the right is completely unconcerned with the status of the Palestinians on the West Bank, but this has historically not been a winning argument on the right. If the right is to be swayed, it will be by arguments about Israel’s security and future, and in that sense, the demographic argument is the only one in town. I’ve heard that people in the upper ranks of the government don’t take the demographic threat seriously and believe that time is actually on Israel’s side, and I have had similar impressions in talking to friends and colleagues who are more rightwing on Israel issues than I am. When I was in Turkey two years ago, I got into what turned into a heated discussion with an older American Jewish couple whom I met while their cruise ship was docked in Istanbul for the weekend. During a conversation about Israel where I brought up the argument that Israel was running out of time to separate from the West Bank, the wife heatedly insisted that I had no idea what I was talking about because her daughter lives in Israel and has five kids, and so she absolutely refuses to believe that in 20 years there will be just as many Palestinians in Israel and the West Bank as there are Jews. The only way to convince rightwingers and conservatives that settlements need to be dealt with is to keep on pushing the demographic argument and make people realize that every day that passes increases the possibility of a binational one state Israeli future. This is why Peres’s speech was the correct response to the Levy Report, and while it might make folks on the left upset, a little more strategic thinking on this issue is required.

On a similar note, this is why I think that the Levy Report is so dangerous and why I disagree with Brent Sasley’s argument that Levy does not represent anything new. Has Israel been extending its control over the West Bank? Yes, it has. But that doesn’t mean that the Levy Report is not a dangerous development, because by legally eviscerating the line between Tel Aviv in Israel proper and Efrat over the Green Line, and between authorized settlement bloc Ariel and unauthorized outpost Migron, it brings a one state solution ever closer (for those whose Hebrew is less than stellar, Elder of Ziyon has a useful translation of the legal reasoning section of the Levy Report). The report’s significance is not in what it signals about past Israeli intention in the West Bank, but in what it signals about Israel’s political future and survival as a Jewish state. Brent and others think that the report is simply more of the same and that the declaration that there is no occupation is just the Israeli right showing its true colors in a more public manner, but this loses sight of the fact that Levy represents the opening salvo in the growing calls for a rightwing one state solution. Quite simply, this will be the end of Israel as we know it, and the right needs to be convinced that this is a path to oblivion. If this requires hammering away at the demographic argument and dropping language steeped in morality and ethics, so be it. Peres is on to the right idea here, and people on the left and the center should start thinking along these lines as well.

Israel at a Dangerous Crossroads

July 9, 2012 § 4 Comments

The three member group led by former High Court justice Edmund Levy charged with investigating the legal status of unauthorized settlements in the West Bank issued its report yesterday, and its consequences cannot be overstated. The Levy Report found, in a nutshell, that the occupation of the West Bank is not actually an occupation because Israel’s presence there has spanned decades and is thus unique in modern history, and it therefore follows that settlements are not illegal as they are not being built in occupied territory. The report also states that because unauthorized settlement construction took place with the tacit agreement and implied support of successive governments, the unauthorized settlements can be retroactively legalized. So basically, for those following along at home, if you do something that is illegal for long enough, you can just call it legal later on down the road, and if the government decides to ignore the rule of law, that somehow changes the meaning of rule of law. In what can only be described as the most extreme of self parodies, Yesha head Dani Dayan praised the committee’s “impartial first rate jurists” and said that “it is clear that deep, basic and serious legal work was done.”

The report itself is bad enough, but more worrisome is the reaction from cabinet members, who are literally falling all over themselves to see who can be the one to most effusively praise the committee’s findings. The politics are such that there appears to be zero downside to pretending that Israel is not militarily occupying the West Bank because this occupation does not look like other occupations, and that is bound to create pressure for the government to formally endorse the committee’s findings. The fact that I haven’t seen any statements at all from people such as Benny Begin or Dan Meridor (and if they have issued statements or given interviews, please email me or post in the comments section) is even more worrisome yet, since their silence on this means that they either agree (unlikely) or are too cowed by the settler movement to speak out against it. Even Tzipi Livni, who is not a huge settlement advocate and who is not even formally in politics at the moment, said that “it is possible and necessary to use the Levy Report for matters of international law, while considering the current reality and continue negotiations on settlement blocs.”

Israel has reached a dangerous point, and I do not say that lightly. For years, Israel and Diaspora Jews railed against the idea of a one state solution, which was viewed – quite correctly – as a backdoor way of dismantling the Jewish state. With the Levy Report, Israel’s right wing has come up with its own one state solution, but the problem is that this one smashes any pretense Israel will have to being a democratic state unless it enfranchises all of the Palestinians living in the West Bank. Somehow, I don’t think that this is what Edmund Levy, Avigdor Lieberman, or Dani Dayan have in mind. If this happens, Israel can kiss any international support that it has goodbye, and that includes the U.S. I painstakingly made the case once before that U.S. support for Israel stems from the fact that it is a democracy and that should not be taken lightly. Israel does not want to live in a world in which it is forced to make common cause with China and Russia, and Jews of all stripes – Israeli and American, religious and secular – do not want to have to defend an Israel that openly annexes the West Bank while permanently and legally relegating the Palestinians to official second class status.

I refuse to believe, or perhaps just hope, that Netanyahu is stupid enough to take the Levy Report to its fullest logical conclusion. He is a smart guy and is well attuned to the challenges Israel faces, both military and otherwise, and he knows that what amounts to an annexation of the West Bank without corresponding political rights for all of its residents – in essence, the dreaded one state solution –  would be suicidal. This is more than maintaining the status quo, in which Israel and the Palestinians negotiate on and off, the big settlement blocs that Israel is expected to maintain in a deal continue to grow, and Israel accepts that it is an occupying force that does not intend on remaining in the West Bank forever. The Levy Report represents a revolutionary and radical change, in which the occupation does not exist, the peace process is over, and the two state solution is finally dead and buried. There is no going back from this, since once the Israeli government declares that it is not occupying anything, it will be impossible to reign in the settlers if the government ever comes to its sense and changes its mind. The implementation of the Levy Report would make Israel a true pariah state on the world stage, and implementing it and then walking it back would mean civil war. Netanyahu knows all this, and he isn’t going to drive Israel into a ditch.

So, what happens next? I have been arguing again and again and again, and then one more time for good measure, that Likud is a party busting apart at the seams and destined to split. I think that this might be the final crack that splinters the party, depending on what Netanyahu does. The pressure from the settlers’ wing, triumphant in this gift that they have been handed, is such that Netanyahu cannot just blow them off or even water down the Levy Report. If he wants to keep them in the fold, he needs to implement the report, or else he is going to have a full blown rebellion on his hands and will be denounced up and down for betraying the settlers’ cause. If, on the other hand, he grasps the full enormity of what accepting the Levy Report means, then he is going to have split Likud in two. I stand by my prediction that he is going to choose keeping Israel in one piece and fracturing his party rather than the other way around, but if he doesn’t, then Israel is in for some dark days ahead.

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