What I Got Wrong

December 28, 2012 § 3 Comments

As 2012 comes to a close, I want to take a look back at the big things I got wrong this year. Crowing about what I got right is a lot more fun – and I don’t waste many opportunities to remind everyone that I was correct about an Iran strike – but it is also far less useful for me and for my readers, since it doesn’t allow me to recalibrate my thinking or give all of you a sense of when and why you should be ignoring me. I started this blog on March 13 of this year and this is my 276th post so I don’t have the time to comprehensively go through every single one, but after trying to go through the bulk of them, here are some of my biggest misfires from 2012.

Migron’s evacuation: On March 26, I wrote, “Yet, I’ll bet almost anything that Migron is not evacuated and demolished by August 1, and that Likud’s younger rightwing vanguard does everything in its power to make sure that the Migron decision is consigned to nothingness. The Knesset’s current coalition politics will not allow anything less, and Israel will continue to fight a losing battle to convince the world that it is blameless for the situation with the Palestinians and that it will be able to withdraw from part of the West Bank whenever the Palestinian leadership is interested in returning to the negotiating table.” 

While this was technically correct since Migron was still standing and fully populated on August 1, the idea behind it was wrong as Migron was evacuated by the first week in September. In this case, I did not give enough credit to the Israeli government and its willingness to carry out an unambiguous High Court decision.

Palestinian civil war: This one was a big misfire. On April 3, I wrote that Hamas and Fatah were on the brink of open armed conflict. My logic was that the Palestinian Authority moves to quash dissent in the West Bank were aimed at limiting Hamas’s ability to operate in Fatah’s stronghold, and that Hamas would do the same in Gaza in response and that eventually the entire tinder box would blow up. This has of course not happened, and I think I was too glib about just how drastic things would have to get for a civil war to take place.

Ehud Barak and Atzmaut: On May 3 I wrote that Barak and his party were going to make the threshold for getting into the next Knesset once elections happened. While this has not actually been proven wrong yet, Barak has decided not to run and Atzmaut is going to fold, so this prediction will be wrong quite soon. Let’s just all pretend that I did not write the following: “So despite the polls, remember that you read this prediction here first: Atzmaut is going to have seats in the next Knesset, will serve in the governing coalition, and Ehud Barak will continue as defense minister.”

Kadima staying in the coalition: On July 3, I predicted that the Likud-Kadima unity government was going to hold together despite the Plesner Committee – which was tasked with figuring out a solution to Haredi and Arab military exemptions –  being disbanded. When my prediction was proven incorrect, I wrote a long post taking stock of where I went wrong, so no need to rehash that again.

Turkey’s response to Operation Pillar of Cloud: On November 14, I wrote in The Atlantic that Turkey and Prime Minister Erdoğan were going to maintain a muted response to Israel’s Gaza operation because of the hypocrisy entailed in a more vocal response given Turkey’s tactics against the PKK. Here’s the relevant part:

But Turkey’s situation has changed in a very important way since Cast Lead. In 2008 and in the aftermath of the flotilla in 2010 Turkey was dealing with a quieter Kurdistan Workers Party (PKK), the Kurdish separatist group. Today, that is no longer the case. Since this summer, Ankara has been waging a full-blown war with the Kurdish terrorist group, inflicting hundreds of casualties and suffering many of its own.

Much like Israel’s fight against Hamas, Turkey’s fight with the PKK has not been without civilian collateral damage. Last December, the Turkish military carried out an airstrike in Uludere that killed 34 civilians who the military thought were PKK fighters attempting to cross the border into Turkey. Earlier this year, the government sealed off the Semdinli district in the Hakkari province for months while it fought the PKK, not letting any information out or any journalists in.

Turkey’s problem with PKK terrorism, combined with the inevitable civilian casualties that occur when fighting terrorist groups embedded amongst the general population, makes it harder this time around for Turkey to angrily denounce Israel as it once did. While I expected Turkey to issue a condemnation of Israeli actions, it is not surprising that it did not have the full force as it has in the past given the uncomfortable parallels that exist between Israel’s actions against Hamas and Turkey’s actions against the PKK.

Of everything that I’ve written this year, this is the prediction that was perhaps the one that was most off-base, as Erdoğan later blasted Israel repeatedly for days. My error here is pretty easy to identify, which is that I for whatever reason convinced myself that a desire to not look like a hypocrite was going to override the strong political incentives that existed for Erdoğan to continue foaming at the mouth any time Israel comes up, and to tie himself to the Palestinian cause at every opportunity. Rest assured my naiveté on this issue is done with.

So there you go. I am sure I’ve missed things, and if anyone knows what those are, please let me know in the comments. Happy New Year, and see you all back here in 2013.

Wieseltier Is Right About The Lost Cause That Is The Peace Process

December 10, 2012 § 3 Comments

Leon Wieseltier has penned a eulogy for peace between Israel and the Palestinians in his lifetime, and while this is not going to surprise anyone save the most Pollyannaish dead-enders, it is difficult to conclude that he is wrong. I’ll take it even further and say that absent armed U.S. intervention with the purpose of imposing a solution on the two parties, or concurrent Israeli and Palestinian civil wars, it is unlikely to happen in my lifetime either (and Wieseltier has almost three decades on me). Wieseltier describes peace between Israelis and Palestinians as a lost cause, and he refers to a number of recent events that bolster his case – Hamas rockets, Mahmoud Abbas’s overheated rhetoric at the UN, the E1 settlement announcement, and the alliance between Bibi Netanyahu and Avigdor Lieberman, among others. There is no doubt that the particulars of the last few years, or even the last few months, provide little reason for optimism, and Wieseltier recounts, “People assure me that all this can change if there is the political will to change it; but I do not detect the political will.” This is actually where I disagree with Wieseltier, because he frames the issue as a lack of will or courage, but I think it runs much deeper. We are rapidly getting to the point, if we have not passed it already, where structural conditions make a genuine peace between Israelis and Palestinians impossible without an outside shock to the system, irrespective of who each side’s leaders are and whether they have the will of Rabin, Ghandi, and the Dalai Lama rolled into one.

Not only is the peace process stagnant, the situation is actually getting worse by the day rather than just cruising in a holding pattern. The reason for this is that each side’s position is hardening, but in different ways. On the Israeli side, the problem is literally a structural one, in that Israel is too intertwined in the West Bank to be able to exit it in any comprehensive manner. Let’s say the Israeli government struck a deal tomorrow and agreed to keep a few of the largest settlement blocs in return for proportional land swaps within Israel, and all that needed to be done was to evacuate the rest of the settlements (and to figure out the precise parameters of such a deal, check out this amazing new tool from the S. Daniel Abraham Center for Middle East Peace and the Atlantic that lets you draw borders and see the precise implications in terms of population and percentage of the West Bank). There is just no way that the government could ever carry this out anymore. Gaza was a cakewalk compared to what will be when Israel orders settlers to pick up their stakes and move, and partially this is because the promises that Israel made to Gaza’s settlers on compensation and resettlement have gone unfulfilled. Just look at what happened with Migron, which is a tiny outpost, or the gnashing of teeth over settlers having to evacuate the neighborhood of Ulpana and literally move just down the street. The idea that Israel will be able to just pick up and leave when it finds a suitable negotiating partner on the other side would be a joke if people didn’t actually think it was true. Furthermore, the argument that Israel was able to pull out of Gaza or Yamit and so it will be able to pull out of the West Bank when push comes to shove is at this point hopelessly naive, as if those instances have any real bearing on the situation in the West Bank, or as if Israeli politics and public opinion can just be overcome with a government order to evacuate. This is not a question of political will in the near horizon, but one of whether a certain action can ever be accomplished under any circumstances. I hate to say that I don’t think it can, and trying to do so would ignite a full blown civil war in Israel, with settlers fighting the IDF tooth and nail and a significant portion of Israelis sympathizing with the settlers who were urged and incentivized by their government for decades to go put down roots in the West Bank.

On the Palestinian side, what is being hardened is not necessarily the physical situation on the ground but the ideological situation. For every poll showing a majority of Palestinians supporting peace negotiations there is a poll showing a majority rejecting a two state solution. More worrying than any specific poll is that Hamas now controls Gaza, is making inroads in the West Bank, and smart money is that ten years from now Hamas will be the face of the Palestinians rather than Fatah and the Palestinian Authority (unless Hamas comes to control the PA). Lest you think that Hamas’s views toward Israel and accepting Israel inside the 1967 borders are moderating, Hamas chief Khaled Meshaal wants to make sure that you are aware that Hamas is as radical as ever, as he reiterated to hundreds of thousands of cheering Gazans over the weekend that Hamas will literally fight to the death until Israel is gone. In addition, the apparent decision on the part of Sunni states such as Egypt, Qatar, and Turkey to prop up Hamas and the trend of emerging Islamist governments in the region means that Hamas is only going to grow stronger and be seen as more legitimate, and it follows that the same will happen to its views on negotiating a real two-state solution. Make no mistake, this is even more of a problem – and one that is just as intractable – as the problem I highlighted on the Israeli side, and once again making the problem disappear probably requires a Palestinian civil war, in which a Palestinian Authority led by a committed two-stater like Salam Fayyad defeats Hamas in open warfare.

So, is Wieseltier’s recent essay a depressing one? It is, and not just because one man has decided that the peace process is an irrevocably lost cause. It is depressing because it might be even more of a lost cause than Wieseltier acknowledges, and from where I’m sitting, I don’t see a good way out of the morass absent some terrible infighting and bloodshed on both sides. Ehud Olmert might have convinced some people that all he needed was a few more months and everything would have been solved, but a more realistic assessment suggests otherwise. That doesn’t mean that anyone should stop trying to work toward a two-state solution but it is as much of an uphill battle as exists anywhere.

This Is Why Bringing Religion Into Politics Is A Bad Idea

August 27, 2012 § 1 Comment

Last week I wrote about Bibi Netanyahu’s attempt to use religious authority to create support for a strike on Iran. There are many problems with going down this path – and I should add that Netanyahu is not unique in this regard; there is a long history of Israeli and even American officials seeking Rav Ovadia Yosef’s approval for various national security initiatives – but one of the bigger ones is that once you allow politics to be influenced by religion, you can no longer control the deluge that is guaranteed to follow. To wit, Netanyahu has to deal with the fact that he is being publicly challenged by influential rabbinic authorities on implementing the High Court’s order to evacuate Migron, the settlement outpost that was built on land privately owned by Palestinians. Rabbi Elyakim Levanon, the chief rabbi of the Shomron Regional Council and a past ally of Netanyahu, declared over the weekend that if the prime minister attempts to “raise a hand on Migron [he] will have it cut off.” He also made implicit threats that the IDF will have to disband if the government offends the religious Zionist community since if yeshiva students stop joining the army on the orders of their rabbis, “there will be no army. Who will join the army? Those who raise two kids and a dog?” He took great pains to let everyone know that he wasn’t actually threatening the prime minister, but simply hoping that God makes his words come true.

This is not the first time that Rabbi Levanon has attempted to use religious pressure to change or influence government policy. This past January, he quit his position as head of the Elon Moreh hesder yeshiva (hesder yeshivot allow observant Israelis to combine army service and Torah study) because he vehemently disagreed with an IDF ruling that soldiers could not walk out of events in which there were women singing. Before quitting, he had given an interview in which he said that the IDF was “bringing us close to a situation in which we will have to tell [male] soldiers, ‘You have to leave such events even if a firing squad is set up outside, which will fire on and kill you.’ I hope the army rabbinate will bring in some wise figures who will stop this terrible state of affairs. But if there are no such rabbis, we won’t have any choice, and I’ll recommend to anyone who asks me about the IDF that he shouldn’t enlist.” Given Levanon’s position as head of an influential hesder yeshiva and as chief rabbi of the Shomron Regional Council, which oversees 30 settlements in the West Bank, his thoughts on such matters cannot be simply brushed off, and his comments on Migron represent only the tip of the iceberg of what is to come from the religious settler community should the High Court decision be enforced.

This ties into the excellent piece by Dan Byman and Natan Sachs on settler terrorism in Foreign Affairs, in which they argue that Israel needs to treat settler violence the same way it treats Palestinian violence and that “mainstream rabbis should denounce their radical brethren and demonstrate how their views contradict centuries of religious tradition.” They are correct with this recommendation, and there is already a growing movement to do exactly that. The problem, though, is that the involvement of rabbinic authority goes both ways. If the Israeli government is to appeal to religious tradition to convince the violent settler fringe to cease its terrorist activity (and if you need any convincing as to how deep the fanatical rot has penetrated, the three suspects in the firebomb attack last week are 12 and 13 year olds from Bat Ayin, which is known for having something of an artsy and hippie vibe), it then makes it tough to operate when religious authority dictates that the government is doing something that contradicts Jewish law, which is what Rabbi Levanon contends is the case with evacuating Migron. Bibi runs to Rav Yosef when he wants to pressure Eli Yishai into supporting military action, but nobody should fool themselves about what this means when the government decides to give an order to evacuate a settlement. Religious authority is not something that can be turned on and off with a switch, utilized when convenient and ignored when not. Netanyahu is going to have a serious problem on his hands with Migron and other settlements down the road, and the fact that he so brazenly and nakedly uses religion for something he regards as a priority is going to haunt him when religion operates to stifle actions which he has no choice but to take.

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.

The Pitfalls of Preconditions

April 3, 2012 § 6 Comments

Barak Ravid reports in Haaretz that long-time negotiators Saeb Erekat and Yitzchak Molcho recently met in secret in an effort to revive dormant Israeli-Palestinian peace talks, and that the PA has outlined a number of demands that it plans on presenting to Netanyahu as preconditions to negotiations. Unsurprisingly, Abbas’s preconditions are that negotiations begin with a baseline of the 1967 borders and that Israel freeze all settlement activity.

While the Palestinians are in a difficult spot and want to gain some leverage going into peace talks, the preconditions gambit is a continuation of the same negotiating mistake. A little reminder of recent history is helpful in understanding why this is. When AIPAC convened its annual conference in March 2010, the attendees gathered during a particularly rocky period for Israel diplomatically. Earlier that month, Vice President Biden had landed in Tel Aviv to be infamously greeted with an announcement of 1600 new housing units in East Jerusalem which led to a mini-crisis with the United States and an hour-long dressing down from Secretary of State Clinton.  Israel’s deputy foreign minister Danny Ayalon was fresh off causing a diplomatic crisis with Turkey following his attempt to humiliate the Turkish ambassador with cameras rolling in response to Turkish television dramas portraying Israeli soldiers as kidnappers and intentional murderers of innocent civilians. Britain was also threatening to cut intelligence ties and cease intelligence sharing following revelations that Israel had used British passports while assassinating a Hamas military leader in Dubai.

Most importantly, serious pressure was building up for Israel to make real concessions in service of creating an independent Palestinian state. President Obama had called for Israel and the Palestinian Authority to resume negotiations and had pressed Israel for a freeze on all settlement activity. The PA seemed for the first time in nearly two decades to be making progress in building state institutions in the West Bank, and the U.S.-trained PA police force was winning accolades for its progress and professionalism.  There was also a growing sense among military officials that a lack of progress on the Israeli-Palestinian front was becoming a problem for the U.S., embodied by General David Petraeus’s Senate testimony that anti-American sentiment in the Middle East was partly due to the absence of a Palestinian state.  The momentum for an independent Palestine was building, and following the Biden episode and the fury among top U.S. officials at what they saw as an unacceptable humiliation of the vice president, the Palestinians were in an ideal situation to negotiate a favorable resolution to the conflict.

Such negotiations never took place, however, because the Palestinian Authority committed the crucial mistake of setting preconditions before coming to the negotiating table. As every first year law student required to read the seminal negotiation treatise Getting To Yes can tell you, setting preconditions to negotiating is a tactic that almost always fails. The book’s very first lesson is not to bargain over positions as it is inefficient, damages the relationship between parties, and leads to bad agreements. Tactics such as setting preconditions and refusing to negotiate until they are met are fated to backfire if the objective is to reach an agreement, as the other side is likely to dig in and paint the refusal to negotiate as evidence of bad faith. Over time, the party setting the preconditions will become hostage to the perception that it has no interest in reaching a deal, and will then be forced to maintain its principled position even when events on the ground put it at a disadvantage or give up credibility and leverage by dropping its demand entirely. In short, setting preconditions before agreeing to negotiate an agreement is rarely going to be a winning strategy.

In early 2010, Abbas insisted that no negotiations could take place absent a complete freeze on all building activity in the West Bank and East Jerusalem, which was a condition that Israel was in no way prepared to meet given the extension of the freeze request to East Jerusalem.  Netanyahu did, however, agree to a 10 month West Bank settlement freeze, allowing him to take the high road by announcing that he was making concessions and was ready to negotiate at any time while portraying the Palestinians as unwilling peace partners. By September 2010, following months of demands that Israel freeze all East Jerusalem construction, the Palestinians finally agreed to negotiate, but by that point it was too late, as Israel’s settlement freeze expired. Events on the ground had also shifted by that point and Obama announced his unwillingness to ask the Israelis for yet another halt to all West Bank building activity, and the Palestinians were in no position to make a credible case having squandered months of potential negotiations. Fast forward two years later to the most recent AIPAC conference, and the Palestinians and peace negotiations barely registered with attention turned exclusively to Iran.

Despite all this, Abbas is about to pull a Groundhog Day and make the exact same mistake, although this time his starting point is far less favorable and thus his tactic is even more unlikely to work. The question is whether the PA actually wants to have serious negotiations at this point in time or is just looking to win a p.r. battle with Israel. If it’s the latter, then setting preconditions makes sense since it highlights Israeli settlement activity, which is already being cast in an unfavorable light following the High Court’s Migron decision and the current standoff between the IDF and the prime minister’s office over the Beit Hamachpela group in Hebron. If the objective is to actually negotiate though, Abbas and Erekat need to wake up to the fact that setting preconditions is a terrible negotiating strategy that is fated to fail from the start.

Migron and What Comes Next

March 26, 2012 § 1 Comment

Migron is the kind of place that should never be in the news. It is a relatively small outpost in the West Bank that was started, vacated, and started again, built on land privately owned by Palestinians, and will never in a million years be part of any land swaps that might take place should the Israelis and Palestinians work out a peace agreement. Last August, the Israeli Supreme Court ordered it to be evacuated and demolished by the end of this month, and there is no reason that anyone but the government and the residents of Migron should have thought about it ever again. Yet, Migron is now all over the news because the government negotiated a deal with Migron’s residents to allow them to stay for another three years and then amazingly asked the Supreme Court to ignore its own ruling and approve the new agreement.

This might seem at first glance like a strange strategic move, but it was actually a smart one on its face because the makeup of the Court has changed. The new president, Asher Grunis, is a conservative who was able to assume his new position last month despite being less than three years away from the mandatory retirement age of 70 after the Knesset passed a law clearing the way for him to be appointed. The reason this was done is because his predecessor, Dorit Beinisch, who was responsible for the Migron decision among others, was seen as extremely activist and the assumption was that having Grunis at the helm would make the Court more compliant with the government’s wishes. In the first real test of this theory, however, the government has been unpleasantly shocked, as Grunis was part of the three judge panel that unanimously ruled yesterday that the deal between the government and Migron’s residents does not supersede the Court’s order from last August, which means that Migron must be demolished by the end of the week August 1.

No matter what your political persuasion, it is tough to view this as anything but a victory for the rule of law and judicial independence. The Court’s order was clear, and the fact that the government and Migron’s residents petitioned the Court to approve their deal casts aside any doubts as to whether the government has the power to simply disregard the original decision. The question now is whether the Knesset will scramble to pass a bypass law that nullifies the Court’s decision through a legislative override. If this happens, it will be a truly disastrous move on a number of fronts. With all of the attention that has been focused – including by me – on the various anti-democratic legislation moving through the Knesset, passing a law to avoid enforcement of a Court decision that was itself an attempt to enforce a previous Court decision would add unnecessary fuel to the fire, and provide ammunition to people who erroneously declare Israel to no longer be a democracy. A legislative override will also further doom any last shred of prospect that remains for a peace agreement with the Palestinians, since if the government cannot bring itself to evacuate a place like Migron, it is exceedingly difficult to imagine ever uprooting any settlements as part of a negotiated deal for a Palestinian state. Bypassing the Court is also terrible timing given that Israel is about to face Goldstone Redux, since the new UN committee set up to investigate the settlements is without a doubt going to issue a damning report, and Israel is making the same ill-considered mistake it made last time by refusing to cooperate at all and cutting off all communication with UNHRC commissioner Navi Pillay. What is going to happen next is sadly predictable – Israel will not try to lobby the committee at all in the belief that doing so would grant the committee legitimacy, the committee will blast Israel in every possible way and the government’s strategy will be an utter failure when nobody ignores the report or accepts Israel’s argument that its lack of cooperation makes the report illegitimate, and Israel will then spend months, if not years, complaining that its side of the story was not represented and that it is being unfairly demonized by a one-sided version of the facts.

So for a variety of reasons, this is just not the time to create an even bigger mess by sending the message that Israeli Supreme Court decisions can be ignored whenever they put the government in an uncomfortable position or conflict with the politics of Likud’s coalition. Yet, I’ll bet almost anything that Migron is not evacuated and demolished by week’s end August 1, and that Likud’s younger rightwing vanguard does everything in its power to make sure that the Migron decision is consigned to nothingness. The Knesset’s current coalition politics will not allow anything less, and Israel will continue to fight a losing battle to convince the world that it is blameless for the situation with the Palestinians and that it will be able to withdraw from part of the West Bank whenever the Palestinian leadership is interested in returning to the negotiating table. Migron and all of the machinations surrounding its eventual fate is a crushingly sad symbol of the state of Israeli politics and the inertia of the peace process.

Where Am I?

You are currently browsing entries tagged with Migron at Ottomans and Zionists.

Follow

Get every new post delivered to your Inbox.

Join 4,873 other followers

%d bloggers like this: