Analysis from Israel

Israeli Foreign Minister Avigdor Lieberman told Secretary of State Hillary Clinton on Saturday that he is urging his government not to resume negotiations with the Palestinian Authority until the PA withdraws its international legal complaints over alleged Israeli war crimes in Gaza. The real question is why Lieberman is having trouble convincing his cabinet colleagues of this position.

These complaints have only one purpose: to hamstring Israel’s ability to defend itself against Palestinian terror by making it fear that any defensive military operation will land its political and military leadership in the dock. After all, as Col. Richard Kemp courageously told the UN Human Rights Commission last month, the Israel Defense Forces “did more to safeguard the rights of civilians in a combat zone than any other army in the history of warfare” during its operation in Gaza this past January. And Kemp, a former commander of British forces in Afghanistan who also served in Northern Ireland, Bosnia, and Iraq, is certainly in a position to make comparisons. Hence, if Israel’s actions in Gaza are deemed war crimes, there is no military action it could take against Palestinian terrorists that wouldn’t be. Avoiding civilian casualties entirely is not possible when terrorists operate, as the Palestinians do, from the heart of a civilian population.

Yet even as he seeks to abolish Israel’s right to self-defense, PA Chairman Mahmoud Abbas is also giving his imprimatur to terror attacks on Israel: last month, he accepted a proposed reconciliation agreement with Hamas that not only did not require Hamas to halt anti-Israel terror but explicitly obligated the PA security services to “respect the Palestinian people’s right to resist.” Since “resistance” is the well-known Palestinian code word for anti-Israel terror, that translates as requiring PA forces “to respect the Palestinian people’s right to perpetrate anti-Israel terror” — or. in other words, not to interfere when they do so. (Hamas, incidentally, has not yet signed the document; it is still holding out for more concessions.)

How exactly does Israel talk peace with someone who seeks to cripple Israel’s ability to defend itself even as he endorses anti-Israel terror? That isn’t an act of peace; it’s an act of war. And while Abbas may have had little political choice about jumping on the Goldstone Report bandwagon, he can hardly plead that Goldstone forced his hand: the PA filed its own war-crimes complaint against Israel in the International Criminal Court in January — nine months before the Goldstone Report came out. It even signed a special cooperation agreement with the court to get around prosecutor Luis Moreno Ocampo’s initial objection that he lacked jurisdiction, since Israel is not a member of the court, and the PA, not being a sovereign state, cannot be.

In short, this looks remarkably like a deliberate strategy for war on Israel. And Israel should be calling Abbas on it rather than keeping up the pretense that he is a “partner for peace” with whom it is eager to negotiate.

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Why Israel Needs a Better Political Class

Note: This piece is a response to an essay by Haviv Rettig Gur, which can be found here

Israel’s current political crisis exemplifies the maxim that hard cases make bad law. This case is desperate. Six months after the coronavirus erupted and nine months after the fiscal year began, Israel still lacks both a functioning contact-tracing system and an approved 2020 budget, mainly because Prime Minister Benjamin Netanyahu is more worried about politics than the domestic problems that Israel now confronts. The government’s failure to perform these basic tasks obviously invites the conclusion that civil servants’ far-reaching powers must not only be preserved, but perhaps even increased.

This would be the wrong conclusion. Bureaucrats, especially when they have great power, are vulnerable to the same ills as elected politicians. But unlike politicians, they are completely unaccountable to the public.

That doesn’t mean Haviv Rettig Gur is wrong to deem them indispensable. They provide institutional memory, flesh out elected officials’ policies, and supply information the politicians may not know and options they may not have considered. Yet the current crisis shows in several ways why they neither can nor should substitute for elected politicians.

First, bureaucrats are no less prone to poor judgment than politicians. As evidence, consider Siegal Sadetzki, part of the Netanyahu-led triumvirate that ran Israel’s initial response to the coronavirus. It’s unsurprising that Gur never mentioned Sadetzki even as he lauded the triumvirate’s third member, former Health Ministry Director General Moshe Bar Siman-Tov; she and her fellow Health Ministry staffers are a major reason why Israel still lacks a functional test-and-trace system.

Sadetzki, an epidemiologist, was the ministry’s director of public-health services and the only member of the triumvirate with professional expertise in epidemics (Bar Siman-Tov is an economist). As such, her input was crucial. Yet she adamantly opposed expanding virus testing, even publicly asserting that “Too much testing will increase complacence.” She opposed letting organizations outside the public-health system do lab work for coronavirus tests, even though the system was overwhelmed. She opposed sewage monitoring to track the spread of the virus. And on, and on.

Moreover, even after acknowledging that test-and-trace was necessary, ministry bureaucrats insisted for months that their ministry do the tracing despite its glaringly inadequate manpower. Only in August was the job finally given to the army, which does have the requisite personnel. And the system still isn’t fully operational.

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