Analysis from Israel

An appeal filed to Israel’s Supreme Court this week provides a good example of just how morally warped some Israeli human-rights groups have become — and why those who truly need them are suffering as a result.

The appeal was filed on behalf of Gaza resident Atsem Hamdan, who sought permission to enter Israel for medical treatment unavailable in Gaza. The relevant Israeli authorities refused, and a district court upheld this decision. Hamdan, it said, could seek treatment in another country; Israel is not obliged to provide medical care for every resident of a hostile entity, which Hamas-led Gaza certainly is.

In their appeal, Haaretz reports, Gisha Legal Center for Freedom of Movement and Physicians for Human Rights-Israel argue that in fact, Israel is “obligated to see to the welfare and health of residents of the Gaza Strip. … This obligation is a result of the state of warfare, Israel’s control of the border crossings, and the Gaza Strip’s dependence on Israel due to the long years of occupation.”

The sheer absurdity of these claims is mind-boggling. First, if Israel retains responsibility for Gaza’s residents even after having withdrawn every last soldier and settler, merely because it used to occupy the Strip, what incentive would it ever have to quit any “occupied” territory? If Israel is going to be held responsible for the residents’ welfare whether it goes or stays, it may as well stay and at least enjoy the benefits of occupation — like being able to crack down on Hamas’s rocket-manufacturing industry.

Second, if “the state of warfare” and the border blockade that stems from it obligate Israel to provide medical care for Gaza’s residents, then every country in the region has a powerful incentive to go to war with Israel. After all, Israel has the best medical care in the region. So either its neighbors can invest hundreds of millions of dollars in upgrading their own hospitals, or they can bombard Israel with cheap rockets and thereby obligate Israel to provide their citizens with state-of-the-art medical care — a much more cost-effective option.

And that, of course, is aside from the moral perversion of this argument, which makes the victim responsible for the aggressor’s wellbeing. After all, it was Hamas that attacked Israel following the latter’s 2005 pullout from Gaza, not the other way around.

Finally, Gaza has two borders, and Israel controls only one. It’s hardly Israel’s fault that Hamas has irritated Egypt so badly that Egypt’s border with Gaza is sealed, too.

I doubt this nonsense will convince the Supreme Court, but it is nevertheless far from harmless — because such moral perversity is increasingly making Israelis tune out anything any self-proclaimed “human-rights organization” says. And that leaves the real victims of human-rights abuses, whose only hope of redress lies in having such organizations make their stories public, increasingly voiceless. For if these groups persist in crying wolf over trumped-up “rights” like those they claim for Hamdan, eventually, no one will listen anymore.

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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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