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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