UNSCR 2334

December 27, 2016 § 16 Comments

In the wake of United Nations Security Council Resolution 2334, there are two points that need to be emphasized. The first has to do with the resolution itself, the second with how we got here and where it will lead. Both are important, and it is impossible to completely understand either in isolation.

Point one is that UNSCR 2334 is a deeply flawed resolution that should not have passed and that will only make matters worse. This is not because Israel should get the benefit of an American veto no matter what it does, or because settlements are little more than a distraction from the real issues. It is because this particular resolution laid out a line regarding settlements that the overwhelming majority of Israelis do not and cannot accept, treating the Jewish Quarter of the Old City and Amona as one and the same. It is because it made absolutely no mention of the fact that one of the two territories that will make up a Palestinian state is controlled by a terrorist group that poses a far larger obstacle to a permanent solution than any single Israeli settlement. It is because it betrayed a complete and total misunderstanding of the state of Israeli politics and created an immediate incentive for this Israeli government to build anywhere it wants with total abandon. It is because it provided succor to the BDS movement, which is not interested in altering Israeli behavior but in altering Israel itself. It is because it offended Jews across the globe by treating Judaism’s holiest site as occupied territory. To put it bluntly, when expanding the Western Wall plaza is deemed an illegal and illegitimate act of an occupying power, something has gone way off the rails. That this resolution was more balanced than previous ones does not make it objectively balanced, and to assert that anyone who opposes it is ipso facto a shill for settlements misses the reasons why it is problematic.

Contrary to many people whom I respect who have argued that this will be the first step in halting Israeli settlement activity and putting the two-state solution on a firmer footing, I believe the opposite will be the case. By not adopting a policy that distinguishes between settlements, the incentives now run the wrong way. This is an Israeli government that is ideologically committed to building in the West Bank, but were the United States and the broader international community to institute a system by which Israel could build unfettered within the blocs – contingent upon Israel laying down hard borders defining the blocs absolutely – in return for a complete and total freeze outside of them, it would do more to enshrine two states than any UN resolution or sanction could possibly accomplish. The plan from Commanders for Israel’s Security to complete the security barrier and freeze all construction to its east is as wise a policy as exists. If such an understanding were reached and Israel violated it, I would be all for coming down on the Israeli government like a ton of bricks.

Instead, the net effect of what this resolution actually did is to convince Israelis that the world is out to get them no matter what they do, and provide a fresh tailwind to hardline efforts led by Habayit Hayehudi and much of Likud to annex Area C outright. After all, if Gilo and Alon Shvut are no different than Ofra, why bother to make any distinctions at all and suffer a domestic political cost? The countdown has now officially started not only toward a serious push to annex much of the West Bank, but also toward Israel building in previously untouchable places like E-1 and Givat Hamatos. Once that happens, we really will have crossed the Rubicon absent an enormous upheaval. The passage of this resolution makes that crossing a lot closer than it was before Friday.

Point two is that you can inveigh against President Obama all you want, but the one who actually owns this debacle is Prime Minister Netanyahu. If you truly want to be upset at someone, direct your ire at him. When he says that Israel had a commitment from the U.S. for diplomatic protection, he is right, but he entirely elides the reality that this is not a blank check that exists in perpetuity irrespective of changed circumstances. Let’s leave aside for a moment the terribly inconvenient fact that before Friday, Obama was the first post-1967 U.S. president to never allow a resolution targeting Israel to get through the Security Council, making the claims of this being unprecedented utter tripe. When Obama vetoed a similar resolution in 2011, it was before Netanyahu publicly said that there would be no Palestinian state on his watch; before Netanyahu created a governing coalition comprised of a majority of MKs who are on record as opposing two states; and before Netanyahu rhetorically supported and voted for a Knesset bill legalizing illegal West Bank construction that his own attorney-general denounced as violating both Israeli and international law. In Netanyahu’s estimation, is there any line at all that he could cross that would nullify an American commitment to wield its veto on Israel’s behalf? The extremely flawed resolution itself now allows Netanyahu to issue jeremiads against those who would try and remove a Jewish connection to the Western Wall, but it is not Israel’s presence in the Jewish Quarter that led to this move at the UN. Netanyahu brought his country to this point, either never believing the myriad warning signs he received or knowing that this was coming and thinking that it did not matter. Either way, it gives him the ignominious distinction of presiding over a disastrous diplomatic failure that was entirely predictable and entirely avoidable.

Furthermore, this episode reveals the hollowness of Netanyahu’s arguments about Israel’s place in the world. After spending years touting lines about Israel never being less isolated, how the world cares about Israeli high tech to the exclusion of anything it does in the West Bank, and that mutual interests over countering Iran and fighting Islamist terrorism make the conflict with the Palestinians irrelevant, it turns out that the joke is on the prime minister. Look at the countries that voted in favor of this resolution – not abstained like the U.S. did, but actually voted in favor. Egypt, which is supposed to be Israel’s close regional ally and a country about which we are told that fighting ISIS and the Muslim Brotherhood together with Israel outweighs everything else. Great Britain, which under the Conservative leadership of Theresa May was supposed to be Israel’s great supporter in Europe. Russia, which allegedly cares more about purchasing Israeli drones than about anything Israel is doing with regard to two states. China, which also supposedly does not care about the Palestinians but only wants to increase trade ties with Israel and benefit from Israeli ingenuity. All 14 countries that cast votes on Friday cast them the same way. All of these countries, counted upon as some of Israel’s closest relations, stated loudly and clearly that they will not compartmentalize settlements and Palestinian issues from their larger dealings with Israel. That is a fact, and no amount of Netanyahu spin about Start-Up Nation and desalination plants can change that.

Netanyahu’s statement on Sunday calling the vote “the swan song of the old world” and heralding a new era in which a heavy price will be exacted by Israel against countries that oppose its policies could not possibly be more obtuse. You have to seriously lack a semblance of self-awareness to issue a statement like that. This is not a blip on the radar, and it will not be an isolated event should Israel continue down its current path. As rightly proud as Israelis and many American Jews are of Israel’s economic successes and military strength, it is not a world power and it cannot afford to behave like one. Threatening countries like Senegal and Ukraine while studiously avoiding eye contact with China and Russia is the hallmark of a paper tiger, and does not make Israel look any stronger coming out of this episode.

The Israeli government simply cannot have it both ways. Either you get to do what you like, the rest of the world be damned, but you accept the consequences of your actions, or you recognize that no action is taken in isolation and you change your behavior to avoid the consequences even if your principles dictate otherwise. Netanyahu has to choose which road he wants to tread. The choice seems like an obvious one to me, but even for those who disagree, do not make the mistake of thinking that Netanyahu and Israel do not have to choose. Be angry about the UN’s moral bankruptcy and be frustrated with the Obama administration’s myopic decision making; I share those sentiments. But no matter what, if you take one thing away from UNSCR 2334, it must be that the mantra of “settlements don’t matter” is an apocryphal myth. In the real world, actions have consequences.

The Legalization Bill Is Not Just About Settlements

December 8, 2016 § 4 Comments

The Regulation Bill, which aims to legalize thousands of homes in the West Bank built on private Palestinian land and that passed a preliminary reading in the Knesset on Monday and a first reading yesterday, is a disaster for more reasons than I can list in one place. But that’s no excuse not to try. So (deep breath):

To start with the glaringly obvious, legalizing thousands of homes inside existing recognized settlements and legalizing fifty-five illegal outposts makes a permanent status agreement resulting in a two-state solution farther away than it has been at any time since before Oslo. It hardens Israel’s presence in the West Bank to a degree that makes it impossible to envision a withdrawal of civilians that will not result in violence and bloodshed or exact a crushing emotional toll. Given the location of these outposts, it also enormously complicates what is the best way in the current environment to create a de facto two-state solution on the ground – namely, the plan from Commanders for Israel’s Security to freeze expansion east of the security barrier and renounce any claims to Israeli sovereignty in that territory. Should it pass and become law, the Regulation Bill not only makes negotiations down the road that much harder, it eviscerates Israel’s own unilateral options. It is self-binding in the worst sort of way, since it does not do anything productive in deterring an enemy or reassuring an ally – which is the purpose of the self-binding contained in the North Atlantic Treaty, for instance – but instead creates a self-fulfilling prophecy of doom for Israel’s future. You need to have zero regard for your political successors or for your own political independence to take an action that boxes you in like this to one and only one trajectory going forward.

The bill also puts the lie to long-standing Israeli claims about settlements. Prime Minister Netanyahu gives no quarter in claiming that settlements are in no way the issue in preventing Israeli-Palestinian peace. He instead argues that they are a smokescreen that the other side hides behind to mask its refusal to accept Israel’s legitimacy. Netanyahu has also gotten lots of mileage from his claim that Israel has not authorized any new settlements on his watch, relying on the fact that most outside observers do not know how illegal settlement activity has proliferated. But that rhetorical flight of fancy is now gone for good. Plenty of people, myself included, have never seen settlements as the core issue behind the conflict, but recognize that they are in fact an enormous obstacle and not anything that can be blithely dismissed as insignificant. When you throw any and all restraint to the wind, however, and let settlements swallow up everything else, they become a core issue. Imagine a Palestinian living in Area C whose home is one of the 11,000 structures under a demolition order for having been built without a permit, and he wakes up to see that with a stroke of a pen Israeli homes in the exact same situation are now deemed legal. If you think that his anger is motivated by a desire to drive Tel Avivians into the sea rather than the blatant discrimination and injustice to which he is being directly subjected, you are deluding yourself.

But it is more than just arguing about the role of settlements that is at stake here. I have enormous sympathy for settlers who moved to the West Bank because they were repeatedly encouraged to do so by the government and were provided all sorts of financial incentives to go. They cannot and should not be hung out to dry. Legalizing what was blatantly illegal activity, however, creates a completely different and perverse set of incentives, and accelerates a moral hazard problem that will become impossible to overcome. We are talking about Israelis who moved onto private Palestinian land without permits and without explicit or clear government approval, and even though the bill as drafted only retroactively legalizes the activity if they didn’t know they were building on private land, it now makes everything they did completely consequence-free. There is no reason from now on for anyone to heed the laws or directives of the Israeli government with regard to building in the West Bank, since the precedent has been set that it will be treated as perfectly fine and that someone else will bear the costs. This decimates the rule of law and encourages a wide range of bad behavior that cannot be put back in the box.

The Regulation Bill also reveals a fundamental misunderstanding of what it means to be democratic. A majoritarian theory of democracy, in which leaders and parties that win elections get to do anything they please with no checks and balances, is precisely what political philosophers and creators of longstanding democracies like Great Britain and the United States feared. It is why checks and balances and separation of powers exist. Supporters of this bill seem to think that its almost-certain rejection by the High Court is a sign that the High Court is undemocratic because it is thwarting the will of the people, or that Attorney General Avichai Mandelblit’s determination that the bill is unconstitutional does not matter because nobody elected him. This is precisely how democracies turn into populist non-democracies controlled by demagogues, and supporters of Israel who dismiss this attitude as irrelevant do so at their own peril.

Finally, the legalism being used to justify the Regulation Bill is reaching Orwellian heights, and should not be viewed as anything positive. One of the ironies of the three Soviet constitutions was that they guaranteed a wider range of rights than Western constitutions; if an alien landed on Earth and read the Soviet Union’s constitutional and legal documents, it would assume that the Soviet Union was the most free and liberal country on the planet. For similar reasons, countries in which elections do not matter to the transfer of political power almost all go to great lengths to hold elections and make big shows of how they are respecting the will of the people. A patina of legality is used to legitimize that which is illegitimate. I am not suggesting that Israel is an authoritarian country, and it shares no resemblance to the totalitarian Soviet Union. But the focus on what is narrowly legal – the structures being legalized must have been built with no direct knowledge that they were built on private land, there had to have been implicit or explicit government or municipal support – is designed to make what happens appear as if it is above board. It is not. To seize private land without authorization and pay the landowners compensation whether they are willing to cede their land or not is not legal, full stop. The Israeli High Court does not view it as legal. The Israeli attorney general does not view it as legal. No source of international law views it as legal. Tying it up with a phony legal bow almost makes the entire thing worse.

Make no mistake about what this is. It is not an attempt to right wrongs. It is not an attempt to administer fair and impartial justice. Naftali Bennett, to his credit, has not been cagey but has said what this is proudly and clearly: “The Israeli Knesset shifted from a path to establish a Palestinian state, to a path of extending sovereignty to Judea and Samaria. Let there be no doubt, the Regulation Bill is what will spearhead the extension of [Israeli] sovereignty.” The bill will not pass the High Court and will not become law, but what it says about the current state of political affairs in Israel is as disturbing as anything that has happened since Yitzhak Rabin’s assassination. It is an attempt to radically overhaul Israel’s system of democracy, and that it is playing out in the Knesset does not make it any more democratic.

Searching for Keith Ellison

December 4, 2016 § Leave a comment

I published an op-ed in Ha’aretz today on Keith Ellison’s DNC bid, and why I think the perfect candidate to lead the Democratic Party would be an Ellison who isn’t actually Ellison. The op-ed can be found on Ha’aretz, and the text is reproduced below.

Keith Ellison has a real Israel problem.

Many pro-Israel groups had been skeptical of his candidacy to lead the Democratic National Committee from the start due to concerns over his past affiliation with the Nation of Islam and his criticism of Israel’s use of force in Gaza in response to Hamas rocket attacks.

But the revelation of a 2010 audio clip of Ellison charging that American foreign policy in the Middle East is governed primarily by Israeli interests has significantly complicated Ellison’s efforts to lead the DNC. The Anti-Defamation League, which had initially taken a wait-and-see approach to Ellison, responded to the clip by calling his words “deeply disturbing and disqualifying.” Making the case that Ellison is within the reasonable boundaries of being pro-Israel is far harder now than it was before.

When taking everything into context, the DNC will be better off without having Ellison at its helm.

The Mearsheimerian allegations of Israeli control over American decision making is indeed, as the ADL says, disqualifying, even if Ellison meant it as an example of American Jewish success that American Muslims should seek to emulate. Ellison’s past defense of Louis Farrakhan from charges of anti-Semitism should also not be given a free pass or chalked up simply to youthful indiscretion. It has been evident for decades to anyone with basic comprehension skills that Farrakhan is a repugnant and unapologetic anti-Semite, and defending him personally cannot be waved away as misguided or an error in judgment.

The concerns about Ellison are valid, and given the growing strains within the Democratic Party over Israel, having a figure at the helm who raises alarm bells within mainstream American Jewish organizations is bad for the party and bad for the American Jewish community at large.

There is a tragedy though in how this saga is playing out, because nothing would be better for the pro-Israel cause than having a Keith Ellison at the DNC who is not Keith Ellison. Much has been made about both Ellison’s background and Ellison’s specific statements, but it is only the latter that should sink his DNC bid. Not only should Ellison’s background not disqualify him, it is actually beneficial. That someone like Ellison has worked so hard to be seen as pro-Israel only demonstrates the strength of Israel’s case and shows how support for Israel can remain broadly bipartisan going forward.

Ellison is not a figure whom anyone would normally expect to be a supporter of Israel. He is an African-American Muslim who did not grow up in a particularly Jewish area of the country, came of age after 1967, when Israel’s image as a David began shifting to that of a Goliath, did not have any prominent Jewish mentors, and has a background in radical politics. As a student, he was harshly critical of Zionism and its legitimacy.

Given this biography, one would expect Ellison to be a loud voice in Congress criticizing Israel given every opportunity, and to perhaps even lead an anti-Israel movement akin to what has become common within Britain’s Labour Party.

Yet Ellison unambiguously self-identifies as pro-Israel, supports a two-state solution without reservation, has repeatedly said that Israel has a right to defend itself and expressed the importance of protecting and maintaining Israel’s security, and there is no evidence that he has ever supported or advocated for BDS.

That is not to say that there are not worrisome aspects to Ellison’s record on Israel, from his 2014 vote against emergency Iron Dome funding to his naive misunderstanding of the lengths to which Hamas will go to maintain its arsenal of rockets in Gaza. Nobody will ever accuse him of being Scoop Jackson, and it obliterates the bounds of credulity to suggest that Israel has no better friend.

But the fact is that in supporting two states, in supporting Israel’s right to defend itself, and in rejecting BDS, Ellison falls within a wide pro-Israel tent. That someone with his background embraces these principles is the best case for Israel that Democrats could possibly make. It shows that those who spend time marinating in a toxic anti-Israel stew can be convinced of the importance of supporting Israel through greater exposure and education, and it gives a green light to those who genuinely want to support Israel on most fronts but are uncomfortable with some of its more hawkish policies to not throw the baby out with the bathwater.

In Ellison’s case, this has to be weighed against the parts of the ledger where he disregarded overt and purposeful anti-Semitism and spouted an ugly conspiracy theory about an Israeli veto over American foreign policy, and it should not come out in his favor. But it does not alter the reality that a different Ellison is what Democrats need.

The shifting demographics of the U.S., and particularly those within the Democratic Party, make future bipartisan support for Israel murkier than it has been in decades. The ubiquity of social media that broadcasts every Israeli misstep and the constant news cycle that keeps Israel in the crosshairs are not going away, and they complicate political support for Israel in real ways.

Having someone lead the DNC who embraces Israel despite not being an obvious candidate to do so should be viewed as a strength rather than a weakness. Democrats should be looking for a new Keith Ellison who isn’t actually Keith Ellison.

Bibi’s Trump Dilemma

November 18, 2016 § 1 Comment

Natan Sachs and I argue today in Foreign Affairs that despite the jubilation on the Israeli right at Trump’s election, it actually creates some real political problems for Bibi Netanyahu.

On November 9, Israeli Prime Minister Benjamin Netanyahu congratulated President-elect Donald Trump through a video message, in which the Israeli leader could barely contain his giddiness at the prospect of a friendlier White House. The ruling Israeli right-wing coalition, which sees Trump as a potential champion of Greater Israel, believes that the United States’ next president will finally remove any outside constraints on settlement construction in the West Bank or the legalization of already existing settlements built without governmental approval. Settlement-friendly politicians in Israel are already working hard on such moves; on Wednesday, a bill legalizing settlements built on private Palestinian land passed its first reading in the Knesset, despite the objections of the attorney general and a near certain rejection by Israel’s High Court of Justice. Some in Israel even view the next four years as an opportunity to annex the West Bank outright. This is a “tremendous opportunity to announce a renunciation of the idea of founding a Palestinian state in the heart of the land,” Naftali Bennett, leader of the Jewish Home party, stated. “The era of the Palestinian state is over.”

It’s not clear what Trump will do, of course, nor whether he even knows his position on the Israeli-Palestinian conflict. During the campaign, he initially said that he would like to remain a “neutral guy”—a contrast to decades of U.S. policy that his tilted toward Israel—but he later shifted to a more traditional pro-Israel stance. To the delight of the Israeli right, the Republican platform omitted any mention of a two-state solution. And since the election, the co-chairs of Trump’s Israel advisory committee have reiterated controversial statements about Trump moving the U.S. embassy from Tel Aviv to West Jerusalem. They’ve also said that Trump does not view settlements as an obstacle to peace. At the same time, Trump himself told The Wall Street Journal of his desire to close the “ultimate deal” between Israelis and Palestinians. “As a dealmaker, I’d like to do … the deal that can’t be made,” he said. “And do it for humanity’s sake.”

Despite the myriad conflicting signals, it is reasonable to assume that Netanyahu will now have a freer hand to implement the policies he desires with regard to settlements and negotiations with the Palestinians. Politically speaking, he may no longer have to run the gauntlet between a coalition that demands more building in the West Bank and a White House that insists on less.

But Netanyahu may soon find out that he needs to be careful with what he wishes for. Freedom from U.S. pressure would be a mixed blessing. Rather than solving his problems, it could cost him his political leverage, his ability to play two-level games.

Head over to Foreign Affairs to read the rest of the piece.

Trump and the Virtues of Israeli Caution

November 17, 2016 § 2 Comments

The Israeli right has embraced Donald Trump’s election as if the country has been granted a new lease on life. Naftali Bennett has declared the end of the era of the Palestinian state and shared his view that Trump’s election is an opportunity to restructure the entire region. Ofir Akunis has called for a new round of settlement construction. Yoav Kish has said that it is time to stop talking about two states. In general, there is a mood of exhilaration on the right driven by a sense that come January 20, President Trump will give Israel leeway to anything it pleases.

For a government that has been frustrated by President Obama for eight years, it is easy to understand the temptation to throw caution to the wind and move full steam ahead on settlement building and creating a new paradigm vis-à-vis the Palestinians. If yesterday’s preliminary approval of the bill legalizing settlements built on private Palestinian land is an indication of what’s to come, Israel is about to embark on a path that eliminates any ambiguity about its intentions. The government of Israel has every right to do what it pleases, of course. But doing so would be an enormous mistake. Taking a myopic approach and racking up as many short term wins as possible before the winds shift will only harm Israel in the long term, and would be a continuation of allowing tactics to win out over strategy.

For starters, assuming that Trump does indeed give Israel an unencumbered hand to deal with the West Bank and the Palestinians (more on this assumption in a moment), the United States is not the only relevant actor in this drama. Israel has spent years fending off sanctions from Europe over settlement activity, and the labeling controversy of earlier this year will seem like child’s play compared to what will come if Israel does indeed annex part of the West Bank. Israel has touted its improving ties with Sunni Arab states, but as tenuous as these relationships already are, they will disappear completely if Israel is viewed as destroying any chances of Palestinian sovereignty once and for all. Russia, which has enormous leverage over Israel at the moment given its role in Syria and its willingness to look the other way when Israel targets Hizballah weapons shipments, is also unlikely to respond well to Israel formally ending a two-state policy. In short, while any American administration will always be Israel’s top concern, it is never the only one.

And even if it were, the fact is that nobody – neither in Israel nor here – actually has any concrete idea what a Trump administration’s Israel policy will be. The panoply of conflicting signals and statements from Trump and his advisers on topics such as the wisdom of pursuing an Israeli-Palestinian peace deal, whether the American embassy will be moved to Jerusalem, or if Israel is at fault for the current impasse or if it is only the Palestinians, means that predictions about what Trump will support or tolerate are speculative at best. While I’d say that he will take more rightwing positions on Israel were I forced to bet, I also think it is safe to say that he does not have deeply held ideological beliefs on the subject. If, for instance, Trump wants to get Sunni buy-in on a Syria policy that effectively strengthens Iran and the price in return is cracking down on Israeli building over the Green Line (an unlikely but not impossible scenario), is anyone confident that he won’t sacrifice his Israel policy for a more pressing regional priority? If Israel commits itself to a policy in the West Bank that is even more encouraging of building anywhere and everywhere – or moves toward outright annexation – on the assumption that Trump will not pose an obstacle, it may find itself in a deep hole with no way out. Avigdor Lieberman seems to recognize the potential danger, urging his government to strike a deal with Trump that allows building inside the blocs while freezing it everywhere else rather than build everywhere with abandon, but there is no indication that any other coalition members have the same presence of mind.

Just as there is no way of knowing what comes with Trump, there is no way of knowing what comes after Trump. Given the radical departure that President Obama represented from the Bush era, and the radical departure that President-elect Trump represents from the Obama era, and the seemingly permanent hunger of the American electorate for change from whatever currently reigns in Washington, it is reasonable to assume that the 46th president will have very different views from the 45th. If Israel builds so much in the West Bank over the next four – or possibly eight – years to destroy any possibility of a contiguous Palestinian state, it might find itself under fire from the next president from day one. Shutting off the possibility of changing course when there is a new administration is foolhardy.

Then there’s the inconvenient fact that the majority of American Jews are rigidly opposed to Trump, and it creates an awkward situation if the Israeli government treats Trump as its long-awaited savior when most American Jews view him with extreme distaste. This is not to say that Israel should exhibit any disdain for Trump; it must have the best relationship with any U.S. president that it can. But there is a difference between staying on Trump’s good side and anointing him as the second coming of Cyrus the Great. If Israel cares a lick about the opinions of the 76% of American Jews who did not vote for Trump and views American Jews as an important national security asset for Israel, it will not embrace Trump in a bear hug.

Were I the Israeli prime minister, I would use Trump’s ascent to the presidency as an opportunity to reset the foundation of the relationship with my most important and only irreplaceable ally. The Netanyahu government should make the most out of the fact that there will certainly be less public conflict and disagreement with Trump than there has been with Obama to reinforce how valuable Israel is as an intelligence and military partner, and to reinforce to American Jews that the U.S.-Israel alliance rests on democratic values and ideological affinity above all else. Seizing on Trump’s willingness to look the other way on settlements and thus plowing ahead with a narrow domestic political agenda will be squandering a larger space to think strategically about Israel’s geostrategic position, and will inevitably lead to negative consequences down the road.

Nobody should be naïve about what is likely to happen next. Talking about two states, the peace process, and a resumption of negotiations as remotely imminent given the two governments about to be in place borders on delusion. It is also important to note that this is not solely a Trump-related phenomenon; measures such as the Amona-related settlement legalization bill, despite the Washington Post’s strange framing of it as being spurred directly by the election, have been in the works for months. This does not mean giving up making the case again and again for why two states are necessary, but expectations have to be properly calibrated. Nevertheless, the Israeli government should think long and hard before taking the plunge toward using a Trump presidency to kill two states for good. Things that seem too good to be true almost always are.

Send In The Clowns

July 14, 2016 § 5 Comments

There is a quip that a camel is a horse designed by committee, a witticism that never seemed truer than it did this week. In a unanimous vote on Tuesday, the Republican Party Platform Committee introduced a new plank on Israel that dropped all references to the two-state solution – references that had been included in every Republican Party platform since 2004 – and made clear that it is taking its cues from Donald Trump. Much like other Trumpian policy positions and pearls of wisdom that emanate from the candidate and his advisers, this one is destined to wither on the vine. But let’s not allow the moment to pass without fully acknowledging its myopic foolishness and what it says about how out of touch with reality the GOP platform delegates are.

The 2012 Republican platform was unequivocal in its support for Israel and its security, and in its appreciation of the shared values between Israel and the U.S. And yet, somehow it did not see the following lines as contradictory to any of that: “We support Israel’s right to exist as a Jewish state with secure, defensible borders; and we envision two democratic states – Israel with Jerusalem as its capital and Palestine – living in peace and security…. The U.S. seeks a comprehensive and lasting peace in the Middle East, negotiated between the parties themselves with the assistance of the U.S., without the imposition of an artificial timetable.” Republican support for two states was not an accident, and in fact the first president to explicitly call for a Palestinian state was George W. Bush. Republicans have long understood that the two-state solution is the only secure long-term path for Israel, which is why they have embraced it despite serious and valid reservations over whether an independent Palestine will be a viable or peaceful Israeli neighbor. The excising of all mentions of two states is not neutral or innocuous; it is a purposeful reversal of policy, no matter how advocates for the new platform position attempt to spin the development. Removing long-standing language is an active statement, and by cheerleading this process along, Trump and his henchmen are putting the GOP in conflict not only with American policy, but with Israeli policy as well.

In 2009, Prime Minister Netanyahu said, “In my vision of peace, there are two free peoples living side by side in this small land, with good neighborly relations and mutual respect, each with its flag, anthem and government, with neither one threatening its neighbor’s security and existence.” In November 2015, he said, ““I remain committed to a vision of peace of two states for two peoples, a demilitarized Palestinian state that recognizes the Jewish state.” It is one thing to debate over how best to get to two states, whether it is feasible at the moment, what conditions must be in force in order for a Palestinian state to become a reality, and what the timetable should be. It is quite another not to endorse two states in any guise and to tacitly promote a one-state catastrophe. Netanyahu falls under the first category, and the Republican platform now falls under the second. Make no mistake – there is no world in which this can be considered a rational pro-Israel position.

Let’s start with what should be obvious: one state means the end of Israel as both Jewish and democratic. That David Friedman and Jason Greenblatt – Trump’s two Israel advisers, both of whom work as corporate lawyers and whose expertise in Israel policy seems to extend as far but no farther than the fact that they are Jewish and have spent time in Israel – are reduced to peddling mythical statistics in service of denying this simple truth only demonstrates the delusion at work here. The entire fight against the BDS movement is predicated on the very idea that one state means the end of Israel as we know it, so that the Republican platform can in one breath denounce BDS for seeking to destroy Israel and then with the next encourage a one-state policy is a truly acrobatic feat of cognitive dissonance. And is there even a need anymore to tackle the chimera of the “sustainable status quo,” a concept that Netanyahu has rebuffed both publicly and privately and one against which the near entirety of Israel’s security establishment has revolted? Smart Republican Israel hands such as Elliott Abrams understand the importance of preserving the two-state solution, and yet the Trumpkins have managed to drown out decades of GOP expertise and experience by employing their common follow-the-leader tactic of acting upon whatever half-baked thought pops into their heads.

But let’s set all of this aside. Let’s assume that the experts are all wrong, and that either the status quo can continue forever or that Israel can annex the West Bank with no devastating adverse consequences. Isn’t there a constant refrain from the pro-Israel community about not imposing outside solutions on Israel and yielding to Israelis to determine their own destiny? I do not say this sarcastically; I am in full agreement and very much on the record as believing that Americans can and should express their preferences to Israel, come up with helpful suggestions, and make their best arguments as to why they should be implemented, but ultimately it is up to Israelis to elect their leaders and for the government of Israel to set its own policies. Yet in this instance, the government of Israel has stated its policy preference for a two-state solution and has been clear that a one-state outcome must be avoided at all costs, and the Republican platform has actively decided to contravene that policy. Not only that, it has actively decided to contravene it out of a desire to establish “a relationship with no daylight between America and Israel,” apparently ignorant of the fact that this does the precise opposite. It is unclear to me why hawkish policies that seek to impose unwanted solutions on Israel should be viewed any differently than dovish ones.

Ultimately, platform committees don’t matter in the real world, as much as the delegates desperately want to believe that their hard work is making a difference. I’ll bet that all nominees would fail a well-constructed multiple choice test on their parties’ platform language, and I can guarantee that no president has ever made a decision in office based on what the party platform encouraged or dismissed. Nevertheless, it is disturbing to see the base of the Republican Party be led so far aground by a bloviating, ignorant clodpate and his merry band of troglodytes. Consider Greenblatt’s comments to the Jewish Week: ““My view is that we should look at a single-state solution — and any other options on the table. Don’t take two states as a given; it is quite old. Maybe the Palestinians — after having suffered through the leadership they have had and seeing Israeli Palestinians who live a safe and free life — would also like it.” Not only is this a guy who has clearly never spoken with a Palestinian – and possibly never spoken with an Israeli who doesn’t vote for Habayit Hayehudi – the shallow fatuousness of the analysis beggars belief. Yes, there are indeed Palestinians who would like to see a one-state solution, but they are not the fellow travelers of Greenblatt’s fever dream hallucination. There is a reason that even Netanyahu, who clearly does not relish the prospect of relinquishing the West Bank to say the least, has reluctantly come around to the view that it will ultimately have to be done. There is a reason that two states has become the widespread consensus position, both in Israel and the U.S.

On second thought, perhaps the fact that Trump’s team is driving the GOP into the wilderness on Israel is a good thing. I can think of no better way for the one-state delusion to be discredited for good than for Trump and his coterie of Chelm court jesters to embrace it.

Sunshine and Rain

June 30, 2016 § 2 Comments

I’ve spent the last week in Israel with IPF exploring the security situation in depth, spending days in the Gaza envelope, Jerusalem seam line, southern West Bank, and Jordan Valley to get a firsthand sense of Israel’s security challenges and requirements. This included meeting with former Israeli generals and national security advisers, American security officials, and Palestinian security and local government officials to get their assessments. The amount that I have absorbed will take awhile to fully process, but let me start with one reason for despondence and one for encouragement.

The most disheartening thing I have seen this week – aside from Hebron, where I hadn’t been for two decades and which provoked in me a unique brew of shock, rage, sadness, and apathy all at once – is the complete lack of daring on both sides. Let’s start with the Israelis. One thing you immediately hear when talking to Israeli officials about doing anything on the Palestinian front is incitement. There is no question that incitement is a genuine problem that should not be dismissed by anyone who takes the Israeli-Palestinian conflict seriously. One high-ranking IDF officer told us how terrorism in the area under his command has morphed from “organized” to “inspired” and is enabled by a social media echo chamber, and incitement is certainly a component in the wave of attacks on Israelis that has only recently abated. Nevertheless, the IDF’s assessment of the wave of terrorism that began in the fall is that twice as many terrorists were motivated by nationalism – i.e. lack of political progress – than by incitement. This should logically warrant the conclusion that it is more important to take constructive steps now, unilaterally or otherwise, to change conditions in the West Bank than to sit pat until all incitement everywhere stops. But using incitement as a reason not to take any steps at all is easy politics, particularly because it provides perfect evidence for the argument that there is no partner and allows the government to maintain the status quo, such as it is, indefinitely.

Notwithstanding the fact that incitement is a concern that must be addressed, and that the Palestinian Authority must answer for its role in fomenting it, ultimately the laserlike focus on incitement is something of a shell game. Initially, Israel argued that the Palestinians were not serious because the PA supported terrorism. Now that the PA has become a full-fledged security partner and has by all accounts cracked down on terrorism to the best of its ability in the West Bank, the new argument becomes that the Palestinians are not serious because of incitement. None of this is an argument that incitement is irrelevant, because it decidedly isn’t. President Abbas’s feet must be held to the fire over the virulent and criminal ugliness that emanates from official Palestinian channels, and hopefully the forthcoming Quartet report will do just that, as expected. But it is pretty clear that Palestinian cooperation is achievable on a number of fronts, and maintaining the status quo everywhere because it is politically safer and more potent to rail against incitement is a wasted opportunity. I understand that the coalition politics of it is difficult for Netanyahu and that nobody justifiably wants to come out and embrace Abbas when he is off accusing Israelis of poisoning Palestinian wells, but sacrificing opportunities to move the ball forward on the altar of political expediency does Israel no favors.

The Palestinians are equally guilty of shooting themselves in the foot for the sake of narrow politics, and in their case they are losing out even more. At nearly every opportunity that presents itself, Netanyahu reiterates his offer to sit down with Abbas and negotiate without preconditions anytime, anywhere. Rather than accept, Abbas jumps through hoops not only to avoid Netanyahu but to also avoid having to meet with any Israeli officials at all, such as just last week when he wouldn’t sit down with President Rivlin in Brussels. Palestinian officials offer a litany of excuses as to why Abbas won’t sit down with Netanyahu, from there not being enough advance notice to refusing to believe that he will actually negotiate once in the room, but what it boils down to is the politics on the Palestinian side. It costs Abbas every time he sits across the table from Bibi and ultimately doesn’t come away with a deal, and so just entering into negotiations is now deeply unpopular. That does not absolve Abbas; leaders are supposed to lead, and he is not. Much like the Israelis, the Palestinians like to shift the goalposts too. First the problem was that Netanyahu wouldn’t negotiate; then the problem was that they could only negotiate once settlements were frozen; then they couldn’t negotiate until building was frozen in East Jerusalem as well; and now it is back to insisting that Abbas can’t meet until Netanyahu first demonstrates good will by again freezing settlement construction. In the meantime, literally every day the situation gets worse for the Palestinians, and Abbas’s own stubborn obduracy not only allows Israel to shift the blame for the impasse entirely onto him – after all, Netanyahu will sit down while Abbas will not – but telegraphs that the political costs to Abbas are more important to him than the policy costs to the Palestinians as a whole. Overall, it is overwhelmingly clear that nothing is going to happen without some shakeup that changes the political calculus for one side or both.

Nonetheless, I came away with two data points that I hadn’t expected to see and that actually make me more optimistic than anything I have seen in years. The first was on the Palestinian side, where multiple Palestinian officials conceded that they had made mistakes by walking away at Camp David and breaking things off with Ehud Olmert in 2008. This was unprecedented for me and for other people I asked with far more experience dealing with the Palestinians, and it genuinely took me by surprise. Whether it heralds a newfound openness and realism I don’t know, but I can only take it as a positive sign.

On the Israeli side, we talked to a number of rightwing policymakers, from retired four star generals to regional council heads and mayors, and to a man, each one of them without hesitation said they would choose a two-state solution over one state. None of them hedged, none of them claimed that there is a realistic outcome other than those two options, and while all of them had a litany of reasons why two states is a bad idea or not implementable, they all reluctantly embraced it as the preferable of the options available. While I do not expect this to translate into a sudden policy shift, it is striking the way that serious people on the right do not pretend that the choice is avoidable, and even more striking just how much the concept of two states has been socialized into the thought and discourse across the political spectrum. I don’t think we are anywhere close to a successful round of negotiations or a permanent status agreement, but I leave Israel thinking that given the right set of circumstances, perhaps things are not quite so bad as many – myself included – have long assumed.

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