The Obligations of States and Citizens

October 6, 2016 § Leave a comment

What does a state owe its citizens, and what do a state’s citizens owe their state? It is a question that has been front and center in the U.S. stemming from what seems like an avalanche of police shootings of African Americans and the resulting demonstrations, including those of NFL players not standing for the national anthem, but in the last week it has been occupying my mind due to events in Israel. Both sides – state and citizens – appear to be forgetting that there is a mutual obligation to each other that can and must be divorced from specific policies lest the entire system suffer a crisis of legitimacy.

At Shimon Peres’s funeral last Friday, there was a cavalcade of world leaders, cultural luminaries, and Israeli politicians and officials in attendance. Notably absent were Joint List chairman Ayman Odeh and the other members of his Knesset faction, a move that Odeh defended later that day by arguing that Palestinian citizens of Israel have no part in Israeli national mourning and that Peres was responsible for policies that Arab Israelis cannot forgive. Odeh singled out the Israeli narrative and Israeli symbols that exclude him as a non-Jewish citizen, and also specifically mentioned Peres’s role in building up the state’s defenses as something that he cannot celebrate. As to be expected, Odeh was roundly criticized, but stuck to his guns that not attending the funeral or issuing any official statement of condolence was the appropriate move.

Then this week, Justice Minister Ayelet Shaked served as the mirror image of Odeh, arguing in a HaShiloach journal article entitled המשילות אל מסילות (The Tracks to Governability) that the more Jewish a nation Israel is, the more ipso facto democratic it will be. The core of the article is actually an argument for the primacy of the legislative branch and its right to be largely free of unwarranted judicial checks, but Shaked spends the third section of the article making the case that Judaism reinforces democracy and that there is not actually any tradeoff between Israel’s Jewish character and its democratic character. So while Odeh made the point that Israel’s focus on its Jewishness makes aspects of it inherently illegitimate for its non-Jewish citizens, Shaked made the point that Israel’s Jewishness makes it more legitimate as a democratic state that represents all of its citizens.

You can fill an entire library with books and articles of political theory and law dealing with the question of what a state owes its citizens, but I’d boil it down to a very simple precept: a state is required to protect and represent all of its citizens equally. By the same token, citizens owe a basic allegiance to the state; not to the government or its specific policies, but to the state itself. That is why both Odeh and Shaked are wrong in this case, and if you pursue their rationales and justifications to their logical conclusions, you end up with a complete disaster.

Let’s start with Shaked, which is in some ways the more straightforward case. I am an unapologetic defender of Israel as the Jewish homeland and as a Jewish state, and in my view the need for a Jewish state and the right of Jews to realize their nationalist aspirations require no apology or qualification. Nonetheless, since Israel is not a state only for Jews, this requires a delicate balancing act that takes into account the fact that democracy requires equal rights for non-Jewish citizens and identical treatment under the law. It is possible to have a state that is both Jewish and democratic, as Israel demonstrates every day, but it is plainly wrong to assert that these two elements can both be fulfilled to their utmost capacity simultaneously. A perfectly pure liberal democracy would not have the Law of Return; a perfectly pure Jewish state would not have non-Jews serving in the Knesset, Supreme Court, or IDF. The fact that Israel is not an ideal type of either of these things is something to be celebrated rather than criticized, but to assert that the two elements march together in perfect lockstep is a statement of ideology rather than logic. But more crucially, it risks destroying the balance and leading to a situation in which Israel is not fulfilling its obligations to its citizens by protecting and representing them equally to the best of its ability. Legislation that prioritizes Jewish law for domestic legal purposes will discriminate against and disenfranchise non-Jewish Israelis, and advocating for such betrays a lack of understanding about how democratic states must operate.

This brings me to Odeh and his view of what he owes the state. I understand and sympathize with Odeh’s dilemma, given his struggle for the rights of Palestinian citizens of Israel to be free of discrimination and to have their narrative not only understood by Israeli Jews but respected and acknowledged by the state. Israel is far from perfect, and perhaps no better than adequate for a Western democracy, in the way it deals with its non-Jewish minority. Nevertheless, in skipping Peres’s funeral Odeh and the Joint List elevated the “Palestinian” part to the complete exclusion of the “citizens of Israel” part. Leaving aside the somewhat perplexing move of demonizing Peres of all people, and ignoring his later role as a genuine peacemaker in favor of his earlier role as a hawk and champion of settlements, Odeh and company did not snub a man but the state itself. Peres served as president, prime minister, and in a host of other cabinet positions, and was the last member of the state’s founding generation. I do not for a second begrudge Odeh and Palestinian citizens of Israel their Nakba narrative or their view that the founding of Israel was a tragedy, nor do I believe that any criticisms they have of Peres should be kept under wraps (although Odeh’s decrying Peres for his work defending the state in which Odeh and his family live boggles the mind). But as Israeli citizens and members of the national legislature, who rightly demand that the state fulfill its obligations to them and participate in the state’s politics and governance, I expect them to have a baseline respect for the state itself, whether they like the state or not. I keep on thinking of the West Wing episode in which the president hires the wildly eccentric and inappropriate Debbie Fiderer to be his secretary because in a letter she writes to the White House suggesting that arsenic be put in his water, she still refers to him as President Bartlet, showing her respect for the office despite her feelings about the man occupying it. The more appropriate move for Odeh and the Joint List MKs would have been for them to attend the funeral and then spend the rest of the day loudly broadcasting their criticisms of Peres in every outlet they could find.

Israel successfully walks a very fine line between competing pressures of governance every day. Neither Shaked nor Odeh seem to appreciate this balancing act, nor to understand that a state must have a basic respect for all its citizens while its citizens must have a basic respect for their state if the polity is to be successful. What makes Israel unique is the unprecedented experiment in Jewishness and democracy simultaneously, and it will be tragic indeed if a vision for Israel emerges victorious that does not have sufficient room for both.

The Legacy of Shimon Peres

September 28, 2016 § 7 Comments

Unlike many authors of his obituaries this week, I did not know Shimon Peres. I met him briefly a couple of times, where I heard him extol the virtues of being a dreamer and admired the way he was able to churn out pithy and poignant aphorisms, but I don’t have any personal stories about him or particularly meaningful encounters to relate. Nevertheless, I have always found him inspiring because he is the personification of one of the most important lessons for being successful in life, which is how to overcome failure.

Shimon Peres was good at many things, but his chosen profession was not one of them. Unlike many of Israel’s founding fathers, he did not have an illustrious or decorated military career and chose much earlier to go the political route, but he was, at best, a middling politician. He failed in his early jousts with Yitzhak Rabin to become party leader of HaMa’arakh (Labor’s predecessor), only succeeding in taking over the party when Rabin had to resign as prime minister and party leader because of his wife’s foreign bank account. He then immediately presided over his party’s first electoral defeat in Israel’s existence following 29 years of uninterrupted rule, losing to Menachem Begin and Likud in 1977 and setting off a new era of rightwing dominance that continues to this day. He lost the next election in 1981 as well, and finally won an election in 1984 only to fail at putting together a coalition and being forced into a power sharing arrangement with Likud and Yitzhak Shamir in which they rotated the offices of prime minister and foreign minister. When Peres lost the 1988 election, he agreed to form a unity government with Shamir once again, but without being able to extract the same concession for a prime ministerial rotation that Shamir had been able to extract from him. After Rabin’s tragic assassination, Peres served as acting prime minister for seven months until he promptly lost the first post-Rabin election to Bibi Netanyahu, an election that arguably should not have even been close but was lost partially as a result of Peres’s poor political instincts. The next time he ran for office was in 2000 when he stood for president, an election in the Knesset that everyone predicted he would win handily but which he lost to the undistinguished future convicted felon Moshe Katzav, thereby becoming both the first candidate for prime minister and the first candidate for president to ever lose to a Likud opponent. Peres won the presidency in 2007 on his second try, marking his first unambiguous electoral victory for high national office, although it was not an embrace from Israeli voters but one from the 120 Knesset members who vote for president.

Why am I inconsiderately recounting this embarrassing history of the last member of the state’s founding generation before he has even been buried? Because to me, the greatness of Shimon Peres stems precisely from this embarrassing history. Peres is being feted as an Israeli hero, as someone who was responsible for more Israeli military and diplomatic achievements than any other figure, as the high prophet of Israeli technology and ingenuity, and as the ultimate striver to realize his otherworldly vision of Israel at peace with its Palestinian neighbor. Yet, Peres never won an outright election to be prime minister. He was not, until his last decade, truly loved or embraced by the Israeli public. He was continually overshadowed by his rival Rabin. But rather than become the Adlai Stevenson of Israel, he became the Shimon Peres of Israel. He understood that failure was something that you overcome rather than something that defines you. He took whatever situation he was in and elevated it to something sublime and heretofore unimaginable. Has there ever been a more tireless or successful foreign minister? Is there anyone else who could have taken the completely ceremonial and entirely ignored position of Israeli president and transformed it into the bully pulpit and clarion voice of moral order that it has now become? By all rights, Peres should have disappeared from Israel’s political scene decades ago, yet the more time went on and the more electoral losses he racked up, the more influential and visionary he became.

Peres did not only rebound from failures. Equally important, he learned from them, and did not allow them to constrict him going forward. Many will note in the coming days the contradictions of Shimon Peres and his legacy; how he was derided by the military establishment despite being the most important figure in Israel’s acquisition of military assets and weapons in the state’s first decade and the godfather of its nuclear arsenal, or how he was lauded as a peacemaker despite being an early and effective champion of settlements, or how the world sees him as the face of Israel despite his being a non-sabra, suit wearing, European accented Hebrew speaker. But these contradictions were another key to his success, because when he was wrong or when something did not work, he was able to pivot and embrace something else. It is true that he was a hawk for most of his life, but he was a dove when it mattered. It is true that he encouraged the settlement enterprise and protected settlements as defense minister, but he was able to see how that policy would lead to Israel’s destruction and came to advocate for a Palestinian state. It is true that he spent years championing the concept of economic peace, but he eventually saw that it would never be sufficient without addressing the political aspect as well. Peres will go down as one of history’s greatest dreamers, but he was able to dream big because he was willing to stand on the rubble of his own previous failures of imagination.

The last giant of Israel’s founding generation is now gone. Shimon Peres’s death marks a new era for the Jewish state, whether Israel is ready for it or not. Peres’s death leaves a gaping hole and his legacy is overwhelming. May his memory be for an eternal blessing, and may Israel always embrace his ethos of never giving in to failure, elevating the mundane into the lofty, and constantly pushing against the limits of what appears possible.

Liberal Jews Without Liberal Organizations

January 21, 2016 § 4 Comments

Why are American Jewish organizations predominantly silent on Israeli illiberalism? This is the question posed and answered by J.J. Goldberg in a much-discussed piece this week on Martin Luther King Day tying the American Jewish organizational voice on Israel to the breakdown of the black-Jewish partnership on civil rights. Goldberg’s theory quickly summed up – and you should really read the piece in its entirety if you haven’t yet – is that the biggest factor in how American Jewish organizations relate to Israel today is the collapse fifty years ago of the alliance between blacks and Jews on civil rights. As black activists increasingly called for blacks to fight for their civil rights by themselves, and as Jews got to a point where their own equality seemed secure, Jewish organizations that were built to fight for civil rights needed another battleground. This coincided with the Six Day War, which imparted the lesson that Israel was living in a neighborhood where its neighbors wanted it gone and could be wiped out at any time, and American Jewish organizations thus pivoted to devoting their time to supporting Israel as their primary mission. Despite the liberal bent of American Jews, they are passive on the Israel issue because they learned to live without a collective voice that was connected to group self-interest.

There is a lot to mull over in Goldberg’s piece and many typically keen insights. He makes a strong historical argument, but as strong as that argument is, I am not sure that the fracture in the civil rights movement is what is primarily driving today’s dynamic. To begin with, Goldberg rightly points out a number of organizations that do not fit into this picture of checking their liberalism at the door when it comes to Israel, and their number is not insignificant. Furthermore, the three most prominent Jewish organizations that were involved in the civil rights movement were the American Jewish Committee, the American Jewish Congress, and the Anti-Defamation League. The American Jewish Congress has all but folded and the ADL is one of the organizations that Goldberg identifies in his piece as not being afraid to speak out on Israel today, so the historical institutionalist argument that he sketches doesn’t appear to apply in scale to the organizations operating today. In addition, the organization that most people would point to as driving the American Jewish organizational stance on Israel is AIPAC, which does not fit into Goldberg’s theory.

I would instead point to two other variables that I believe are causing the dissonance between a very liberal American Jewry and a far less liberal American Jewish organizational stance toward Israel. The first fits into the structure of Goldberg’s overall argument about a crisis in mission leading to a new focus on Israel, but rather than point to civil rights, I would point to the decline of Judaism itself. As traditional religious observance waned over the course of the 20th century, Israel was elevated into a religious cause that became for many American Jews their primary way of expressing their Judaism as a religion, as opposed to their embrace of Judaism as an ethnicity or a culture. Support for the Jewish state became de rigeur at synagogues of all denominations, prayers for the Israeli government and the IDF were adopted into the Shabbat morning liturgy, and Israel itself became intertwined with Judaism so that it became a focal point of the American Jewish religious tradition. Support for Israel was the equivalent of fasting on Yom Kippur or holding a Passover seder; even if your religious observance was minimal, Israel was a part of it. For many American Jews, Israel was what bound them to Judaism, rather than the religious practices of their parents and grandparents. For Jewish organizations that needed to stay relevant, pivoting to supporting Israel was an obvious move, and naturally any organization devoted to advocating for something is going to be reluctant to be overly critical, even when there are things taking place that are particularly unpalatable.

The second variable is political trends in Israel. In the twenty years since the assassination of Yitzhak Rabin, Israelis have only once voted a left of center prime minister into office, and Ehud Barak did not last even two years. Going back even further to the 1977 election of Menachem Begin, which marked a revolutionary shift in the Israeli political landscape, Rabin’s election in 1992 was the only other time since then that Israelis have voted a Labor prime minister into office (Shimon Peres’s first term in 1984 was part of a rotation agreement with Yitzhak Shamir and Likud). In other words, for nearly four decades Israelis have displayed a clear rightwing preference when it comes to their leaders. Is it any surprise then that American Jewish organizations, both those that deal primarily with Israel issues and those that don’t, take those cues and reflect what is taking place in Israel itself?

This is not, incidentally, applicable only when a rightwing government is in power in Israel. When Rabin began the Oslo process, AIPAC did in fact support it, even if begrudgingly. The major American Jewish organizations that now seemingly fall in lockstep behind the Netanyahu government were not out front challenging the Rabin government on its priorities, even though he represented a major break from the previous fifteen years of Israeli government policy. It would be fascinating to see what American Jewish organizations would look like with regard to Israel policy were Israel to spend an uninterrupted decade under the control of left of center governments; my instinct is that American Jewish organizations are shaped by the structural environment of Israeli politics in a significant way and would presumably change with the times.

There is no question that the priorities of the bulk of American Jews appear out of sync with the priorities of many American Jewish groups. I think that Goldberg is definitely onto something in looking back at historical trends and moments that shape today’s environment, but I would point to a different set than the ones that he has identified.

Netanyahu Is Going To Trade One Headache For Another

December 3, 2014 § 4 Comments

The big news from Israel this week is that early elections, long predicted by many, are now officially here. Following months of bickering between Bibi Netanyahu and his various ministers, internal upheaval within Likud, and fights over legislation involving the budget and the Jewish nation-state bill, Netanyahu yesterday fired Yair Lapid and Tzipi Livni from the cabinet, the Knesset voted to dissolve, and elections have been scheduled for March 17. This government did not even make it to the two year mark before dissolving (elections were in January 2013 and the coalition was formed in March of that year), but this shouldn’t have come as a surprise to anyone. This was in many ways the strangest and most unlikely coalition government to ever be compiled in Israeli history. You had ministers from other rightwing parties not even trying to hide their desire to at some point soon supplant Bibi by overthrowing Likud, ministers from Bibi’s own party quitting because of their distaste for him, an alliance between two parties – Yesh Atid and Habayit Hayehudi – that had little business allying on anything but did so in an effort to box Bibi in, and such polar opposite opinions between ministers on matters ranging from Jerusalem to the peace process to the budget to Israel’s identity that the government could not credibly claim to have a unified coherent opinion on anything. So this was never a matter of if the government would spectacularly implode, but a matter of when.

Yet despite the complete dysfunction and mayhem that has marked Israel’s 33rd government, Netanyahu’s move to fire his ministers now and to hold new elections is a misstep for him. Netanyahu’s thinking seems rather straightforward here, and theoretically makes sense; the polls indicate a bigger share of votes for rightwing parties in general, so he can go to new elections, construct a coalition that leaves out Lapid and Livni and thus eliminates his budgetary nemesis and his peace process nemesis, and bring in the Haredi parties instead – who will do whatever Bibi wants provided they get their usual buy-offs in the form of subsidies and benefits – and have a much easier time managing his government. It seems simple enough to trade in the current coalition for a more rightwing and pliable one, but Netanyahu may find in the end that he is going to get more than he bargained for, because while this plan makes sense on paper, the path to getting there is not quite so easy.

For starters, a more rightwing coalition doesn’t necessarily mean a more pliable one. The truth is that for varying reasons, Netanyahu has very few allies left on the right aside from Yuval Steinitz and Bogie Ya’alon. Not only is he without allies, but leading rightwing politicians actively and openly despise him. President Ruvi Rivlin, whose Likud credentials are unimpeachable, would love nothing more than to see Bibi toppled following the prime minister’s failed attempt to prevent Rivlin from replacing Shimon Peres as Israel’s president and views Bibi as unnecessarily inflaming relations between Israeli Jews and Israeli Arabs. Gideon Sa’ar, who is enormously popular among the rank and file and who was the leading vote getter in the last Likud primary, resigned his ministerial and Knesset posts in September, but gave a “retirement” speech in which he made plain his disdain for Netanyahu and that he would be returning to politics in the near future. Moshe Kahlon, another popular Likud politician who was a main driver of Mizrahi votes for the party, suddenly quit the party right before the last election over reported differences with Bibi and has now formed his own party with the aim of siphoning more votes away from Netanyahu. The enmity between Netanyahu and the ascendant radical Likudniks such as Danny Danon and Moshe Feiglin is well-documented and this group smells blood in the water as an isolated Netanyahu now sits on an island occupying the left pole of the party. Then there is Avigdor Lieberman, who is zigging and zagging – including releasing his own peace plan last week – and trying to be all things to all people in hopes of fulfilling his long held dream of becoming prime minister one day himself. He is only going to cooperate with Netanyahu to the extent that it furthers his own career interests, and given that the best way of positioning himself is to differentiate himself from the current prime minister, I don’t anticipate much altruism from Lieberman being directed Bibi’s way.

Finally there is Naftali Bennett, who is slated to take over Yair Lapid’s role as Bibi’s bete noire in the next government. Despite appearing to have reached a detente in recent months, Bennett and Netanyahu are still at odds, still have personal issues with each other (thanks to Sara Netanyahu), and are natural political rivals. Unlike Lapid though, Bennett represents an actual threat to Bibi, because he has the ability to hit Bibi where it hurts by stealing the prime minister’s own base. I have been arguing for years that the real political threat to Netanyahu comes not from his left but from his right, and Bennett is the personification of that threat. He is more appealing to the settler right and to nationalists – and let there be no doubt that Netanyahu’s championing of the Jewish nation-state bill is primarily an effort to win back the mantle of Israel’s most vigilant nationalist – and more appealing to the economically conservative technology and entrepreneur class as he is one of them. The right trusts him in a way that they don’t trust Bibi, and this goes double for religious voters. Bennett has also made a naked play at broadening Habayit Hayehudi’s electoral appeal by amending the party’s constitution in September to allow him to directly appoint every fifth candidate to the party’s electoral list in order to get more secular and Russian candidates into Habayit Hayehudi’s Knesset bloc. The upshot of all this is that Bennet doesn’t want to help Netanyahu; he wants to replace Netanyahu. He knows that it is unlikely to happen outright in this election, but if Bennett emerges from elections with the second most mandates in the Knesset, he is going to spend his time either pulling Netanyahu rightward  – and loudly taking the credit for the results – or setting up showdowns designed to expose Netanyahu as a fraud to Israeli rightwing voters. Either way, Netanyahu may end up longing for the types of battles that he had with Lapid rather than those that will be orchestrated by Bennett.

Then there is Netanyahu’s assumption that the result of elections in March will be more overall Knesset seats for the rightwing bloc, and I’m not so sure about this one either. The current polls certainly reflect this to be the case, but the election is three months away and Israeli polls are notoriously unreliable. If Lapid and Livni band together, which by all indications is going to happen, it is going to pull the combined party to the left as Lapid will bring Livni along with the socially oriented economic program that he cares most about while Livni brings Lapid along with the peace process program that she cares most about, and such a party has a good shot of picking up more votes than the individual sum of its parts. In addition, Kahlon is polling well despite having literally no platform or real public positions yet, and that may dissipate very quickly once he is held to the fire. Even if it doesn’t, Kahlon’s party may end up being more leftwing than rightwing given his historical focus on socioeconomic issues for Israel’s more underprivileged sectors. The Israeli economy has suffered since the Gaza war, and if Netanyahu’s economic stewardship becomes a loud campaign issue, which Lapid and Labor are both trying to make happen, it does not bode well for any of the parties on the right given Netanyahu’s reputation as the godfather of unbridled Israeli capitalism.

Leaving aside the right more generally, Likud itself may not even match its current nineteen seats despite the early polls. Voters are wary about the state of the economy, and for the first time in a decade there is a real sense of unease over the domestic security situation given the spate of attacks in Jerusalem and the West Bank. Netanyahu’s choice of making such a big deal over the nation-state bill is also an odd one, as his traditional appeal is as the only experienced grownup in the room who can truly protect Israel in a time of growing threats. There is risk in pursuing this battle-tested strategy coming on the heels of a mixed performance in Gaza and new upheaval on the Palestinian front, but it is also true that many more Israelis are inclined to support Netanyahu’s no-nonsense rhetorical approach when they are feeling less safe. There is far less consensus on the nation-state Jewish identity issue than there is on being vigilant with Israel’s security, and by seizing upon the nation-state bill to benefit his own campaign, Bibi is taking a risk that he is actually using a wedge issue that will harm him. Likud is more likely to draw votes by primarily projecting itself as the ultimate guarantor of Israelis’ safety than by primarily projecting itself as the ultimate guarantor of Jewish identity. There is also the fact that a not insignificant chunk of voters seems to be annoyed that Netanyahu is going to early elections and don’t quite see the point beyond political expediency, which could hurt Likud. Finally, it is looking like with everyone gunning for Netanyahu personally, this campaign may end up being a referendum on the man himself, and while he has been popular enough to slide by with a plurality of votes in a very divided political system, he is not universally popular in any objective sense of the word.

A lot can happen in the three months between now and the election that will affect votes in unanticipated ways, be it rock throwers on the Temple Mount or Sara Netanyahu’s Haagen Dazs budget, but my educated guess this far out is that the right’s share is not going to be too much above 60-65 votes and that Likud is going to lose ground relative to Habayit Hayehudi so that the power imbalance between Netanyahu and Bennett narrows further. Netanyahu is living in a cocoon and has been at the top for so long that his instincts are off. If he ends up with a narrower margin above the leftwing parties than he is expecting along with a further empowered Bennett looking to stick a knife in his back at every opportunity, Netanyahu may just end up wishing that he had left well enough alone and stuck with his current low-grade headache rather than trading up for a migraine.

Leave Pollard Where He Is

April 1, 2014 § 19 Comments

The last time I wrote about Jonathan Pollard was two years ago after Shimon Peres made a personal appeal to President Obama for Pollard’s release, an appeal that was thankfully turned down. I had hoped to never have to waste even a minute of my time on the subject again, but the U.S. is now reportedly considering releasing Pollard in exchange for Israel agreeing to extend the current peace talks through 2015 and to enact a partial settlement freeze. Pollard’s release would also be accompanied by Israel releasing an additional 400 Palestinian prisoners on top of the ones whom they already agreed to release.

Let’s start with Pollard himself. What directly prompted my blog post last time was Gilad Shalit’s father publicly offering his support for Pollard’s cause to Pollard’s wife, and now Gilad Shalit himself has sent a letter to Obama requesting clemency for the unrepentant spy. While I understand Shalit’s personal sympathy for someone who has spent an extended period under lock and key, the comparison between Pollard and Shalit is odious. What I wrote two years ago has not changed one iota, and so I am going to reproduce it once again in the next paragraph as a handy reminder of why Pollard and Shalit do not belong in the same universe, let alone the same sentence.

Shalit was a 19 year old conscript captured by a terrorist organization that illegally breached the border fence and abducted him on Israeli territory. Pollard was a 31 year old civilian analyst who committed espionage in exchange for cash and jewelry and pled guilty to spying against his own country. Shalit’s actions were in no way responsible for his abduction (and please, spare me the noxious theory that all Israeli soldiers everywhere are legitimate targets no matter the circumstance) and he was not engaged in any hostilities against his captors at the time of his being taken hostage. Pollard’s actions are directly responsible for his imprisonment, as he stole classified information and passed on thousands of documents to a foreign government. Shalit was held in terrible conditions in violation of the Geneva Conventions and despite calls from the U.N., the Red Cross, the G-8, and individual countries for his immediate and unconditional release. Pollard is a legitimate prisoner under the laws of the United States and in accordance with international norms, is housed in safe and sanitary conditions in a medium security federal prison, and no international governmental organizations or human rights groups have called for his release. Shalit was illegally held by Hamas as a hostage for the sole purpose of extorting Israel into complying with Hamas demands and not because Shalit had any information or intelligence that would be of value to his abductors. Pollard is alleged by the U.S. to have an unacknowledged accomplice (according to former Israeli Deputy Foreign Minister Danny Ayalon) and the precise details of everything that Pollard passed on are still unclear. Shalit did not have to express remorse for his actions because he took no actions at all. Pollard remains unrepentant for spying against his own country. Shalit has been an Israeli citizen from birth, embraced both de facto and de jure by his country by virtue of being unambiguously and openly sent by Israel to serve in the military. Pollard did not become an Israeli citizen until 1995 after he had been arrested, convicted, and imprisoned, and Israel did not admit until 1998 that he was working on Israel’s behalf with its full knowledge and authorization. Shalit’s abduction did not subject any of his fellow citizens to additional danger or peril, nor did it damage Israel’s relations with any other country. Pollard’s spying cast serious aspersions on every Jewish citizen of the United States and created a backlash against Israel in the U.S. intelligence community. Shalit is an innocent kid who was held hostage by terrorists. Pollard is a traitorous spy who is wholly deserving of remaining in jail.

Even all of this aside, which should be more than enough reason to leave Pollard exactly where he is, releasing Pollard in the context of current negotiations is a terrible mistake. Pollard himself has nothing to do with an Israeli-Palestinian peace deal. He is not being held by the Palestinian Authority or Hamas, his actions were in no way related to the conflict, and his status should be completely unrelated to the talks. That the Israeli government would link his release to its own willingness to resolving a wholly separate issue is shameful. If Israel does not think that it is in its own best interests to continue negotiating or if it genuinely believes that it has no reliable partner across the table, then it should end the negotiations irrespective of what the U.S. offers since to do otherwise would be to take a concession in bad faith. Conversely, if the Israeli government believes that negotiations stand a good chance of success and that a deal with the Palestinians would be in Israel’s best interests, then it is monstrously dumb to link the willingness to keep on talking to Pollard’s release. Pollard is a factor that has no impact at all on the substance of a deal. His remaining in prison or his walking out a free man will not make Israel any safer or any more trustful of the Palestinians, and so using him as a reason to either keep negotiating or cease negotiating makes absolutely no sense at all from a substantive perspective. Were I the U.S., I would call this bluff without blinking.

Furthermore, if the negotiations are going so poorly that Israel will only agree to keep them going if Pollard is let out, then the two sides stand very little chance of coming to an agreement. That being the case, why release Pollard for such an ephemeral concession? Were the talks in their end stages and Israel needed a small push to get over the finish line, then the logic would make more sense, but Israel agreeing to extend the talks for another nine months and not issuing any new housing tenders in the West Bank in return for Pollard more likely than not means that the two sides will waste another nine months and then return to the status quo ante. This is a move that absolutely reeks of desperation on the Obama administration’s part, and it shows. John Kerry pretty clearly wants this to succeed more badly than either of the two actual parties to the conflict, and he is willing to do anything to advance the ball inches down the field. That is admirable tenacity, but in this case his tactic is a mistake that is not going to lead to any long term success.

I have no inside information as to how close Pollard’s release is to actually happening, but my best guess is that the administration leaked this as a trial balloon to gauge the reaction from the national security community and from the American Jewish community. I hope that the people at the Pentagon, CIA, and other agencies freak out over the news, make a big public stink, and Pollard remains locked up. His release will only cause problems for the American Jewish community, will not advance the cause of peace, and will create a terrible set of incentives for both the Israelis and the Palestinians that as long as they commit to a process, irrespective of any real progress, they can ask for any outrageous concession they want and will likely get it.

Bibi’s Coalition Gamble

February 20, 2013 § 6 Comments

It has been almost a month since the Israeli election, and yesterday finally brought us the first move to form a coalition as Tzipi Livni’s Hatnua party agreed to join up with Bibi Netanyahu and Likud Beiteinu. I have been skeptical throughout the campaign and the election’s aftermath that Livni would come to an agreement with Netanyahu given her efforts to convince Ehud Olmert and even Shimon Peres to run; her failed maneuvering at uniting Hatnua, Labor, and Yesh Atid into an anti-Bibi bloc; her constant railing against Netanyahu as a danger and a failed prime minister; the fact that Hatnua includes former Labor leaders Amir Peretz and Amram Mitzna, neither of whom are exactly Netanyahu cheerleaders; and finally, her refusal to join with Bibi after the last election when her party – which was then Kadima – had the most seats in the Knesset and she would have been able to work out a deal in which she served as co-prime minister. Nevertheless, Livni has now reversed course and has accepted the positions of Justice Minister and chief negotiator with the Palestinians, and she will be reporting to Netanyahu rather than the eventual Foreign Minister in this latter gig.

Many people are now speculating on what this means for the peace process and whether Livni’s overseeing negotiations means that we can expect some real movement ahead. I don’t think this changes anything and I wouldn’t be taking any investment advice from people who think that Livni is going to pull Netanyahu along rather than the reverse, but the really interesting angle here is the political one. Bringing Livni into the coalition is not about Netanyahu signaling anything on the peace process, but about putting pressure on Naftali Bennett to join the government. The thinking on Netanyahu’s part goes as follows: he now has 37 seats lined up and getting Kadima and its 2 seats is a given, and he is on the verge of adding Shas (his real goal all along) and its 11 seats, which means that he can then turn to Bennett and Habayit Hayehudi and use their 12 seats to get past the magic number of 61. Netanyahu is gambling that once he adds Kadima and Shas, he will present Bennett with an ultimatum of joining the government or calling new elections, and that Bennett will not be able to withstand the pressure ensuing from calls for him to join a rightwing coalition and so he will crack. Essentially, Netanyahu is betting on Bennett’s alliance with Yair Lapid and Yesh Atid not being strong enough to buck the rightwing nationalist forces in HH who want to band together with Likud and the religious forces in HH who don’t see why serving in a government with Shas is the end of the world. Hence the immediate rumors that negotiations with Shas are proceeding and that it too will join the coalition imminently.

This plan of Bibi’s seems nicely formulated, but ultimately I don’t think it will work. More importantly, if Bennett is smart he will make sure that it doesn’t. The success of Bibi’s strategy turns on the idea that Bennett will do anything to avoid going to another round of elections, but much as I thought (correctly, as it turned out) that Netanyahu miscalculated in allying with Yisrael Beiteinu, I think he is miscalculating here as well. Netanyahu’s gamble is that new elections will cost Bennett seats and weaken his position, and that might have been true before yesterday, but bringing in Livni changes things in a big way. If I am a HH voter, I am not going to punish the party for not joining with its natural Likud partner by fleeing and and now voting for Likud since bringing Tzipi Livni on board to deal with peace process issues makes Likud untrustworthy. Looking at this map of election results and seeing where HH got votes makes this point abundantly clear; voters in Elon Moreh and Karnei Shomron are not now going to give up on Bennett and vote for Bibi given his most recent coalition choice.

In addition, many Likud voters are not going to be terribly happy now that Netanyahu has banded together with Livni, and I don’t see how doing so possibly increases his share of votes at all in a hypothetical new round of elections. If anything, it drives even more people away and into the arms of Bennett, and if you need some further proof, just look at Moshe Feiglin’s crack today that he hopes Likud will be in the coalition too. Furthermore, by trying to repeat history and bring Shas – his most pliable partners – into the coalition, Netanyahu is turning his back on the draft issue, which is one of the most popular issues in Israel today and which Lapid rode to his stunning success. Not only is Netanyahu potentially angering his base by bringing Livni in, he is angering many other voters who don’t understand why he insists on bringing Shas into the government despite the massive popular will for reforming the draft. Given what has transpired, if new elections were held today, I think that Likud would drop even further while Habayit Hayehudi and Yesh Atid would pick up some new mandates.

Netanyahu is behaving as if bringing first Livni and then Shas into the government gives him all the leverage he needs over Bennett to break up the YA-HH alliance, but I think he has things wrong. If he brings in Shas, he will then be unable to form a government without Lapid or Bennett (I am operating on the assumption that Labor is not joining at this point), and so in reality Bennett will be the one with the leverage over Netanyahu. Reports are that Bennett is feeling heat from within his party over his footdragging to run to Likud and his head-scratching unbreakable bond with Lapid, but by brining Livni into the government, Netanyahu actually did Bennett a favor. He now has a good excuse to sit tight, and once Netanyahu strikes a deal with Shas, he benefits further from sticking to his guns on the draft issue and staying out. If I were Bennett and Netanyahu presented me with the ultimatum to join the coalition with Shas or go to new elections, I would be printing up new campaign posters before even getting off the phone.

Welcome to Israeli Election Day

January 22, 2013 § 2 Comments

Finally, the day we’ve all been waiting for – Israelis go to the polls today to elect a new Knesset and a new government for the first time since 2009. Despite the fact that we don’t have any results yet, I thought I’d set out a list of things we know and things we don’t.

Things We Know:

Bibi Netanyahu and Likud Beiteinu are going to win the most seats in the Knesset and Likud will be the largest party. This is an easy one given the polls, since even with the Likud Beiteinu list losing about a seat a week for months now, no other party is going to come close to the 32-36 seats LB is likely to take. The irony of course is that Netanyahu created the joint list in order to create an unbeatable force, yet Likud might have done better on its own as banding together with Avigdor Lieberman and Yisrael Beiteinu likely cost Netanyahu seats for a host of reasons (and from the Department of Shameless Self Promotion, remember who told you months ago that this was a very bad idea on Bibi’s part). Despite the blunder, Labor is probably going to come in second with 15-18 seats, and Habayit Hayehudi and Yesh Atid are going to be battling for 3rd and 4th place. It is possible that the LB list will have twice as many seats as the next largest party despite its free fall in the polls, although this is a bit misleading since the two parties agreed to merge until only 30 days past the election, at which point they are free to revisit their agreement and separate. The most interesting little nugget about Likud being the largest party in the Knesset is that despite having served two terms as prime minister, this will be the first time that Netanyahu leads his party to a Knesset victory. When Netanyahu was elected in 1996, Israel was in the midst of its decade-long experiment of directly electing the prime minister, and so while Netanyahu beat Shimon Peres by 1% in the prime ministerial vote, Likud won 32 seats to Labor’s 34. In 2009, Likud came in second to Kadima, but after Tzipi Livni was unable to form a government, Netanyahu swooped in and cobbled together a governing coalition despite controlling the second largest party in the Knesset rather than the largest. By the end of today, Netanyahu will finally be able to say that he led his party to an electoral victory.

Things We Don’t Know

Everything else. And I mean that. Aside from Likud Beiteinu winning the most mandates, I cannot say with 100% certainty what else will happen. I am 99% sure that Netanyahu is going to be the next prime minister, but there are enough weird things going on to give me that minuscule 1% pause. To begin with, there are an unusually high number of undecided voters, and while they might break Bibi’s way, I don’t think that Bibi’s base is one that is marked by indecision, unless that indecision comprises whether to continue to vote for Netanyahu or to go with the trendier rightwing choice of Naftali Bennett and Habayit Hayehudi.

Furthermore, Netanyahu’s margins are going to be very tight, and this means there is an outside chance that he pulls a Livni and can’t pull off putting together a viable government. I am as confident as I can possibly be that HH is going to be in the coalition, but then the coalition math becomes very tricky. It involves bringing in a centrist party such as Yesh Atid, which will clash with HH and the more extremist Likud voices over peace process issues, or going with Shas and UTJ, who are toxic to HH over the draft and toxic to Yisrael Beiteinu over both the draft and the religious-secular divide. Then there is the possibility that Aryeh Deri’s return to Shas means it is no longer so reliably rightwing and will give Netanyahu a harder time when it comes to coalition bargaining.

To throw another monkey wrench into this, there are the rumblings from all sorts of quarters that the electorate has shifted in the past few days and that the leftwing and centrist parties are going to do better than their polling indicates. If voter turnout is high, it means that left and center parties are going to do better than expected, in which case there is even a possibility that Netanyahu is denied the first chance to form a government. Last month I brought up the possibility of a unity government, which started to look ridiculous in the interim but now I am not so sure that I was off-base. Then there are the rumors that were flying around last night that Ehud Barak is going to be defense minister and Tzipi Livni foreign minister, which I find to be completely far-fetched given the rancor toward Barak exhibited by all sorts of newly influential Likud members and the fact that Netanyahu would never give Livni any real power as foreign minister while Livni would never accept the position to be a mere figurehead. All of this is to say that while Bibi is almost definitely going to remain as prime minister, the possibility of a black swan would not be entirely out of the blue. As for what type of coalition he will put together assuming he remains prime minister, your guess is as good as mine. If I have to predict something, it’s that we will see a nationalist bent due to the inclusion of Habayit Hayehudi, that the haredi parties are going to be left out, and that Yesh Atid will be brought in. This will allow Bibi to keep his rightwingers happy on peace process and settlements, let Yesh Atid have its pet issue of reforming the draft, and not have to worry about the secular-religious divide issue bringing down the government. I can also see Labor being brought into this mix if Netanyahu wants to have the coalition be as big as possible or if the numbers are such that he needs another party but wants to avoid bringing in Shas. Whatever happens, the next few weeks promise to be an entertaining ride.

Where Am I?

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

%d bloggers like this: