Many people nowadays accuse Israel of being a racist state that considers its Arab minority second-class citizens. I wonder, then, how they explain what happened last Friday?
For the third time in the last two years, Israel threatened military action to stop an attack by extremist Syrian rebels on the Syrian Druze village of Khader. It did so despite the fact that Syrian Druze have sided with the Assad regime in that war, meaning they’re aligned with Israel’s arch-enemies, Iran and Hezbollah; despite the fact that Khader itself has been the source of several anti-Israel terror attacks; and despite the fact that such intervention risks entangling Israel in Syria’s civil war, something it has hitherto tried hard to avoid–and all just because it was asked to do so by its own Druze minority, which was worried about its coreligionists across the border.
To most Israelis, it seems both obvious and unremarkable that Israel should accede to this request. But in fact, though Israel has always considered itself obligated as a Jewish state to try to protect Jews anywhere, it’s not at all obvious that it would consider itself equally obligated to try to protect Druze beyond its borders. Threatening cross-border military action on behalf of foreign nationals aligned with your worst enemies, simply because they’re the coreligionists of one of your own ethnic minorities, isn’t an obvious step for any country. And it’s especially not obvious for a country accused of considering said minorities to be second-class citizens.
Thus, the fact that Israel has repeatedly taken action to protect the Syrian Druze says a lot about the true state of anti-Arab “racism” in the country. But to understand exactly what it says, it’s first necessary to understand the difference between Israeli Druze and other Arab Israelis.
The Druze are ethnically Arab, and their religion is considered an offshoot of Islam. But in their attitude toward the Jewish state, Israeli Druze differ markedly from most Muslim and Christian Arabs. All Druze men serve in the army, whereas Muslim and Christian Arabs generally do not. Druze politicians can be found in every major political party (except the explicitly religious ones), and Druze voting patterns aren’t markedly different from their Jewish counterparts. In contrast, other Arabs generally support ethnic Arab parties that are openly hostile to the Jewish state. Druze overwhelmingly identify as Israeli rather than Palestinian, whereas among other Arabs, the reverse has been true until very recently. Finally, given their superior integration, Druze unsurprisingly feel much less discriminated against than other Arabs.
The Druze consider themselves to be and act as loyal Israelis in every respect, so Jewish Israelis consider themselves bound to show equal loyalty to the Druze. Therefore, when Israeli Druze (some of whom even have relatives in Khader) were concerned about what might happen to their Syrian brethren if the extremist militias succeeded in capturing the town, Israeli Jews–who can readily understand concern for the fate of one’s coreligionists in another country–fully agreed that something had to be done. Hence the army, as it has twice before, warned the extremists that if they didn’t retreat, they would be attacked by Israeli planes and artillery. And the extremists, as they have twice before, got the message and abandoned their attack.
In contrast, Israeli Jews feel far less commitment to other Israeli Arabs because other Israeli Arabs demonstrate far less commitment to Israel. This is obvious in their refusal not only to do military service–something most Israeli Jews could reluctantly accept–but even to do civilian national service in their own communities, because they consider it unacceptable to do anything that might be construed as identification with the hated Zionist state. It is equally obvious in their repeated reelection of Arab Knesset members who, in marked contrast to Druze MKs, routinely refuse to condemn Palestinian terror and sometimes even actively defend it, hurl calumnies like “apartheid” and “genocide” at their own government, and side with the Palestinians against Israel on virtually every issue.
Thus while prejudice and discrimination definitely exist in Israel, as they do in every society, they do not, for the most part, stem from “racism.” Rather, they are a response to the objective fact that many Israeli Arabs demonstrate their contempt for and opposition to the Jewish state on a daily basis. While Israel can and does ensure equality before the law for its Arab citizens, it can’t change human nature. And it is human nature to be less generous and more suspicious toward people who openly side with your enemies than toward those who side with you, because loyalty is a two-way street. Indeed, what’s truly remarkable is that Israel has made such great efforts to integrate its Arab minority despite the barrier posed by Arab behavior.
As I’ve noted many times before, Israeli Arab attitudes toward Israel are slowly changing. As they do, anti-Arab prejudice and discrimination will lessen in the same way that prejudice and discrimination against the Druze already have. And nothing demonstrates this better than last Friday’s incident in Khader, when Israel put its army at the service of non-Jewish enemy nationals across the border just because their Israeli coreligionists asked it to do so.
Originally published in Commentary on November 7, 21017
Both could easily be dismissed as unrepresentative of Israel’s Arab community. After all, that very same week, Arab Knesset member Haneen Zoabi asserted in a speech in Dallas that Jews have no right to self-determination, because “the Jews are not a nationality.” And Zoabi, who is only slightly more inflammatory than her party colleagues, was elected on a joint ticket that receives the overwhelming majority of Israeli Arab votes.
But as a recent poll of Israeli Arabs proves, the community is changing—and not in Zoabi’s favor.
Perhaps most striking was the fact that a decisive majority of respondents identified primarily as Israeli rather than Palestinian, which is something that wasn’t true even a few years ago. In 2012, for instance, just 32.5 percent of Israeli Arabs defined themselves as “Israeli” rather than Palestinian. But the figure has risen fairly steadily, and this year, asked “which term best describes you,” 54 percent of respondents chose some variant of “Israeli” (the most popular choice was “Israeli Arab,” followed by “Arab citizen of Israel,” “Israeli,” and “Israeli Muslim”). That’s more than double the 24 percent who chose some variant of “Palestinian” (15 percent chose simply “Palestinian.” The others chose “Palestinian in Israel,” “Palestinian citizen in Israel,” or “Israeli Palestinian”).
Moreover, 63 percent deemed Israel a “positive” place to live, compared to 34 percent who said the opposite. 60 percent had a favorable view of Israel, compared to 37 percent whose view was unfavorable. These are smaller majorities than either question would receive among Israeli Jews, but they are still decisive. Even among Muslims, the most ambivalent group, the favorable-to-unfavorable ratio was a statistical tie (49:48). Among Christians, it was 61:33, and among Druze, 94:6.
One of Zoabi’s colleagues, MK Yousef Jabareen, hastened to assure the Jerusalem Post that Israeli Arabs must view Israel more negatively than the poll indicates, because “when I meet with people from my community, I always hear concerns about increasing discrimination and racism,” as well as “socioeconomic status, an absence of jobs and housing.” Nor is he wrong about his community’s concerns: Fully 47 percent of respondents felt that, as Arabs, they are “generally treated unequally.” Many were also worried about economic issues and their community’s high crime rate.
But what Jabareen evidently hasn’t grasped is that having an overall favorable view of one’s country in no way contradicts having a long list of complaints about it. After all, Israeli Jews complain constantly about their country’s shortcomings while still believing that its merits outweigh its demerits. Why shouldn’t Israeli Arabs do the same?
The comparison with Israel’s neighbors has obviously grown starker following the implosion of several Arab countries since 2011, and it’s undoubtedly a major factor in Israeli Arabs’ growing appreciation for Israel. But government efforts to improve their socioeconomic situation have also contributed.
For instance, a joint initiative between the government and the country’s biggest private-sector employers produced a sharp increase in the number of Israeli Arabs working at these companies, which typically offer better pay, benefits and promotion opportunities than smaller firms. At several participating companies, Arabs now comprise 14 percent of payroll—less than their share of the population, but roughly equivalent to their share of the workforce.
The government has also invested more money in Arab schools, which—together with a new emphasis on education within the Arab community—has helped boost students’ performance. The proportion of students taking the matriculation exams is now roughly the same for Arabs and Jews, and while more Jews still pass, the gap has narrowed. Indeed, two Arab high schools now rank first and second in the country for academic achievement.
Finally, in sharp contrast to the nongovernmental organizations that spend their time and energy smearing Israel as racist overseas, others have correctly concluded that inequality can more profitably be fought by investing in Arab education and employment. The Israeli NGO Tsofen, for instance, focuses on boosting tech education and employment. Partly thanks to its efforts, the number of Israeli Arabs employed in high-tech has grown more than tenfold in the past decade, the number studying for STEM degrees at Israeli universities has risen 62 percent, and the Arab city of Nazareth, once devoid of high-tech industry, now boasts 50 local startups alongside branches of leading national and international firms.
Even some Arabs from abroad are starting to grasp this. Just last month, a group of Palestinian-American businessmen in Chicago held its first fundraising dinner for a scholarship fund to help Palestinians and Israeli Arabs attend Israel’s Haifa University. Though the dinner is new, the fund has been active since 2015 and has so far supported more than 60 students. Needless to say, that does far more to help actual human beings than, say, advocating anti-Israel boycotts that result in Palestinians losing their jobs.
Changes of the sort the Israeli Arab community is now undergoing take decades to come to fruition. As one example, see Druze residents of the Golan Heights, where despite a steady increase in recent years, fewer than a quarter have so far opted for Israeli citizenship. But as several Druze told Haaretz last month, the divide is generational: The older generation still feels Syrian; the younger feels Israeli. Consequently, even among the younger generation, many say they don’t want to acquire Israeli citizenship yet, because “it’s disrespectful to the older generation.”
Many years must also pass before change percolates through the Israeli Arab community to the point where the Baklys are more representative than Zoabi. But the trend is clearly moving in that direction. And despite their best efforts, the community’s vocal anti-Israel contingent seems powerless to stop it.
Originally published in Commentary on October 17, 2017
Ostensibly, winner Avi Gabbay and runner-up Amir Peretz couldn’t be more different. Peretz is a veteran hard-left activist, an early leader of the Peace Now movement, who was advocating Palestinian statehood back when most Israelis still considered the idea anathema. Gabbay is a moderate who once supported Benjamin Netanyahu’s center-right Likud party and, more recently, co-founded the centrist Kulanu party. Yet they sounded almost indistinguishable when answering five questions posed by Haaretz (in Hebrew) before Monday’s run-off (an abbreviated English version is here).
Asked about the idea of unilaterally withdrawing from parts of the West Bank, for instance, both men rejected it. “I don’t believe in unilateral withdrawal,” Gabbay said bluntly. Peretz was wordier, but still quite clear. “We won’t continue to settle the territories, but at the same time, we mustn’t forget the lessons of the unilateral withdrawals from Lebanon and Gaza (and also from other conflict areas around the world),” he said.
What makes this surprising is that several Labor-affiliated former senior-defense-officials-turned-activists have been pushing unilateral withdrawal. Among them are former Military Intelligence chief Amos Yadlin, the man slated to be Labor’s defense minister had it won the last election, and former Shin Bet security service chief Ami Ayalon, a one-time Labor Knesset member. Thus one might expect the idea to appeal to rank-and-file members.
But Peretz and Gabbay thought otherwise. Israel’s unilateral pullout from Gaza in 2005 resulted in three wars and 16,000 rockets on Israel (compared to zero from the Israeli-controlled West Bank), while its unilateral withdrawal from Lebanon in 2000 enabled Hezbollah to grow from a terrorist nuisance into a major strategic threat, whose arsenal of 150,000 rockets is larger than that of most national armies. Thus the candidates evidently concluded that even left-of-center Israelis no longer believe the activist “experts” who persist in denying that unilateral withdrawal endangers Israel’s security.
Moreover, both candidates promised to freeze settlement construction, but only outside the major settlement blocs. This is a sharp rejection of the line the Obama Administration spent eight years peddling—that construction anywhere beyond the 1949 armistice lines, even in areas everyone knows will remain Israeli under any agreement, is an obstacle to peace. It turns out even left-of-center Israelis consider it ludicrous for Israel to stop building in the settlement blocs and large Jewish neighborhoods of east Jerusalem. They simply don’t buy the idea that construction in these areas, which will clearly remain Israeli, is a legitimate excuse for the Palestinians’ ongoing refusal to negotiate.
No less noteworthy was one glaring omission. Though both candidates promised immediate final-status negotiations with the Palestinians and deemed a peace deal essential, their only stated reason for this position was to keep Israel from becoming a binational state. Neither so much as mentioned the fear that Israel could face growing international isolation if it didn’t resolve the conflict. That claim has been a staple of left-wing advocacy for years. It was most famously expressed by former Labor chairman (and former prime minister) Ehud Barak who, in 2011, warned that Israel would face a “diplomatic tsunami” if the conflict continued.
This argument has been getting harder and harder to make in recent years, as Israel’s diplomatic reach has steadily expanded. But it would have sounded particularly fatuous coming just days after Indian Prime Minister Narendra Modi’s historic visit to Israel, which caused many who had previously parroted Barak’s warning to throw in the towel. Typical headlines from center-left commentators included “Where’s the diplomatic isolation?” and “Modi visit shows Israel can improve foreign ties even without a peace process.” Judging by the fact that neither Peretz nor Gabbay mentioned this argument, they evidently think even Labor Party members will no longer buy it.
As an aside, it’s far from clear that diplomatic ties would continue expanding under a Labor government, because center-left governments typically view the Palestinian issue as their top priority, and therefore devote much less time and energy to expanding ties with the rest of the world. In contrast, since Netanyahu’s government believes a Palestinian deal is currently unobtainable, it has invested enormous effort in expanding Israel’s other diplomatic relationships. And that effort matters. As Kenya’s UN ambassador said last week, it’s only recently that “the lights have gone on” in Israel and it has started engaging. Previously, he spent years asking Israeli officials, “Why are you not engaged? Where is Israel?” But the possibility that Labor might choose to focus on the Palestinians instead doesn’t change the fact that Israel clearly can expand its diplomacy even without a peace process.
Finally, Peretz and Gabbay both rejected the increasingly popular argument among left-wing activists that fully integrating Israeli Arabs requires inviting elected Arab parties into the governing coalition, no matter how extreme those parties are. Inter alia, they include one parliamentarian doing jail time for smuggling cell phones to imprisoned terrorists, another who calls Arab policemen “traitors,” and a third who canceled a meeting with American Jewish leaders because he “cannot in good conscience” enter a building that houses a Zionist organization. Gabbay, typically blunt, said the Arab parties’ Joint List “includes anti-Zionist elements … so we can’t cooperate with this composition.” Peretz concurred: “Incidents that have occurred in the Joint List undoubtedly make it very hard to add them to any future coalition. Effectively, the difficulty is so great as to make this impossible.”
In short, both men upheld the traditional view that integration requires bolstering Arab moderates rather than bolstering radical politicians who support terrorists and/or want to abolish the Jewish state. Evidently, they believed any other position would repel Labor voters.
The bottom line is that, even among mainstream left-of-center voters, many ideas pushed by left-wing journalists and activists remain toxic. It’s a point worth remembering for all those foreigners who get much of their information from these very same sources.
Originally published in Commentary on July 14, 2017
Speaking at official ceremonies marking Israel’s Independence Day, both President Reuven Rivlin and Knesset Speaker Yuli Edelstein warned of the dangers of internal rifts in Israeli society. Yet, in fact, the run-up to Independence Day provided eloquent evidence that two of Israel’s deepest internal schisms are slowly healing.
Watching the Israeli government convulse itself over 40 homes in the illegal settlement outpost of Amona, an outsider could be forgiven for wondering whether it had gone mad. If you don’t understand the underlying politics, there’s no rational explanation for why top government officials have devoted more hours to finding a way to avoid razing those 40 houses than they have to numerous weightier issues. The politics of it all makes more sense than the policy, and it also shows why Barack Obama’s approach to the settlements issue is ultimately destructive to the very two-state solution he claims to favor.
As Israeli commentator Yossi Verter noted last week, Prime Minister Benjamin Netanyahu hasn’t previously had problems taking steps that upset his base. In 2009, he instituted an unprecedented 10-month freeze on settlement construction, and he’s removed other illegal outposts with relatively large populations. Settlement construction has been slower on his watch than under any previous prime minister, as even the far-left Haaretz admits. He even imposed an undeclared–and unprecedented–building freeze in large Jewish neighborhoods of East Jerusalem. So what suddenly changed?
The answer, which became clear to me during a discussion over Shabbat lunch, stems from a generational divide. My generation’s most searing political memories are the 1993 Oslo Accords and the ensuing upsurge in terror; the failed Israeli-Palestinian summit in 2000 and the ensuing bloodshed of the second intifada; and the 2005 disengagement from Gaza and the ensuing rocket fire on Israel, which has so far led to three wars. So, from our perspective, Netanyahu is basically doing great. Unlike all his predecessors, he has resisted massive international pressure to make further territorial concessions that would be similarly disastrous for Israel’s security. Consequently, we’re willing to cut him slack on other issues, even when we disagree with him.
But people who were children during most or all of the above events have a very different view of Netanyahu. Lacking the memory of how quickly other prime ministers reversed themselves under pressure–Yitzhak Rabin on his promise of no negotiations with the PLO, Ariel Sharon on his promise of no unilateral pullout from Gaza–they don’t see Netanyahu as courageously holding the line against disastrous territorial withdrawals. They take this for granted.
What they see instead is the way he has ceded control of the land de facto by giving the international community veto power over when and where Israel builds. To take the most glaring example, what other country refrains from building desperately needed housing in its own capital because of fear of international pressure? Doesn’t that make a mockery of Israel’s claim to sovereignty in Jerusalem?
So after almost eight years of declared and undeclared construction freezes, younger activists are boiling over with frustration. They want to see Israel acting like a normal, sovereign country and building where it sees fit–which, for many of them, means all over the West Bank. That Amona has become the vehicle for their frustration is a simple accident of fate. Because the Supreme Court mandated its demolition by December 25, the government’s usual trick of postponing any decision won’t work anymore; it has to either raze the outpost or legalize it within the next three weeks.
But what does any of this have to do with Obama’s settlement policy? The answer is simple. Previous U.S. governments distinguished between areas Israel would almost certainly keep under any deal with the Palestinians–like large Jewish neighborhoods in East Jerusalem or the major settlement blocs–and isolated settlements that would have to be evacuated under any such deal. Since building in the former areas didn’t actually impede prospects for a two-state solution, previous administrations didn’t raise much fuss about it.
The Obama Administration, in contrast, objects to new houses in large Jewish neighborhoods of Jerusalem just as vociferously as it does to new houses in the most isolated West Bank outpost. Nor has it given Netanyahu any credit for his unprecedented restraint on settlement construction; instead, it has consistently and falsely accused him of “aggressive” construction and then used this false accusation to blame him for the impasse in the peace process.
Had Obama quietly acquiesced in building in Jerusalem and the settlement blocs and given Netanyahu public credit for his restraint, Netanyahu would have had a solid case to make to his party’s angry young activists. It’s true we aren’t building everywhere, he could have said, but at least we’re building in some places that are important to us. Restraint in other areas is worth it for the sake of good relations with Washington.
But in the face of Obama’s actual policy, Netanyahu has no case at all. You aren’t building anywhere, the young activists justly retort, and if you’re going to generate just as much international outrage by building in Jerusalem as by building in Amona, why not build everywhere?
Netanyahu has striven desperately to find some sort of compromise over Amona, and he may succeed. But the young activists’ anger isn’t going to go away, so at some point, he’ll have to choose: start building and risk the international community’s displeasure, or continue his restraint and risk losing his own base. And when politicians in democratic countries are forced to choose between their voters and foreign leaders, the latter usually lose.
Thus, if the international community wants to ensure that settlement building won’t undermine a two-state solution, it needs to stop opposing construction in areas where construction does no such thing, like Jerusalem and the settlement blocs, and start giving Netanyahu credit for his restraint. Otherwise, he’ll have no ammunition with which to fight his base’s angry young activists. And if he can’t beat them, he’ll almost certainly join them.
Originally published in Commentary on December 5, 2106
A regular reader of Odeh Bisharat’s op-eds in Haaretz might reasonably conclude that the Israeli Arab author doesn’t like his country very much. So I was stunned by the advice he offered his fellow Israeli Arabs in his latest column. Aside from being something you rarely hear Israeli Arab intellectuals say, it’s good advice–not just for his own community, but also for both Israeli and Diaspora Jews:
The time has come for the Arab leaders of public opinion to say outright: In spite of everything, we have it good here. It’s true that there’s a mountain of problems, but we want to be citizens of the state. Here we can fight to improve our living conditions, to protest, mobilize Jewish public opinion and conduct a battle against the extreme right. After all, the program that unites most of the [Israeli] Arab movements is based on the principle that Arabs are citizens of the state in which they will realize their national and civil rights. And in that case, it’s important to convey that the Arabs care about the state, because they care about themselves and their future.
The irony is that even though you never hear their leaders say so, most Israeli Arabs already agree with Bisharat. Polls have shown this repeatedly (here and here, for instance). The latest evidence came from last month’s Peace Index poll, a monthly survey conducted by the Israel Democracy Institute and Tel Aviv University. It found that Israeli Arabs are actually more optimistic than Israeli Jews about the country’s situation–in sharp contrast to what one would expect to find if, as both Israeli and foreign media outlets like to claim, Israel was suffering from a rising tide of anti-Arab racism.
Fully 40.3 percent of Israeli Arabs deemed Israel’s current situation “very good” while another 22.7 percent deemed it “moderately good,” meaning that 63 percent offered a positive assessment. By comparison, only 9.7 percent of Israeli Jews rated the current situation “very good” and 34.0 percent “moderately good,” for a total positive assessment of 43.7 percent. Israeli Arabs were similarly bullish about the future, with 32.9 percent predicting that Israel’s situation would be “much better” in the new Jewish year that began in October and another 21.5 percent expecting it to be “a little better,” for an overall positive assessment of 54.5 percent. The corresponding figures for Israeli Jews were 7.5 and 15.0 percent, for a total positive of just 22.5 percent.
Arab optimism extended across every field the pollsters checked: military-security (where 39.9 percent of Arabs forecast improvement), political-diplomatic (42.3 percent), socioeconomic (42.6 percent) and “disputes between different parts of the public” (31.6 percent). In every category, the proportion of Arabs who expected improvement far surpassed both the proportion of Jews expecting improvement and the proportion of Arabs expecting deterioration. Indeed, the proportion of Arabs who foresaw deterioration ranged from just 2.8 percent on socioeconomic issues to 13.2 percent on “disputes between different parts of the public.” Those last two figures are particularly noteworthy. If Israeli Arabs really felt threatened by rising racism, they would hardly predict improvement in “disputes between different parts of the public” by a ratio of almost 3:1 and improvement in the socioeconomic realm by more than 15:1.
Nevertheless, there’s one very real barrier to further improvement: Israeli Jews largely believe that most Israeli Arabs care more about the Palestinian cause than about their own country’s wellbeing, for the very good reason that this is what they hear, over and over, from Israeli Arab leaders. This obviously encourages anti-Arab sentiment and impedes integration. And as Bisharat correctly noted, it will be very hard to change this perception as long as Arab-Israeli opinion leaders refuse to say publicly that it’s false – that despite the “mountain of problems” Israeli Arabs face, and especially their deep disagreements with Israeli policy toward the Palestinians, they nevertheless feel they “have it good here” and really do “care about the state.”
Bisharat’s advice, however, is no less applicable to the Jewish world–there, too, the refusal to “say outright” that things are good in Israel despite the problems is causing serious long-term damage.
As evidence, consider Sara Hirschhorn’s op-ed in Haaretz last week, with the self-explanatory title “Liberal Zionists, We Lost the Kids.” In it, the Oxford University lecturer lamented that young British Jews are turned off by Israel–not, as so frequently claimed, by “the occupation or the settlements,” but by “the very premise of a self-defining State of the Jews, back to 1948.” And to her credit, she acknowledged that liberal Zionist adults are largely responsible for this development: If liberals are to convince their children that a Jewish state is worth having, she wrote, “Above all, we can’t only catalogue the (many) shortcomings—we must constantly and convincingly express what still makes us proud—in spite of it all—in the State of Israel today.”
But of course, they rarely do. All you hear from most liberal Zionists nowadays, both in Israel and abroad, is a vile caricature of Israel: occupation, settlements, racism, discrimination, every evil in the modern pantheon. And when that’s all the kids have ever heard, why wouldn’t they end up thinking a Jewish state is a bad idea?
Problems obviously shouldn’t be swept under the rug; Israel is a good place to live precisely because it tries so hard to keep improving. But you can have too much of a good thing, and with regard to obsessing over Israel’s flaws, that point was passed long ago for both Israeli Arabs and Diaspora Jews.
Thus in both communities, as Bisharat and Hirschhorn correctly pointed out, the road to beneficial change begins with ceasing to focus only on the negative and remembering the highlight the positive as well. Saying outright that even Arabs “have it good” in Israel, unlike in so many Arab countries, might be an excellent place to start not just for Israeli Arabs, but also for Diaspora Jews.
Originally published in Commentary on November 11, 2016
If there’s one thing that infuriates me about Israeli leftists, it’s that they spend so much time howling about nonexistent threats to Israeli democracy that they have no credibility left when they actually warn about real ones. Two controversial legislative initiatives of the past week–one a genuine problem and one a manufactured one–exemplify the problem.
The manufactured crisis, which has the entire left in an uproar, begins with the fact that the Judicial Appointments Committee is reportedly deadlocked over the choice of new justices to fill the four Supreme Court vacancies that will open next year. Justice Minister Ayelet Shaked has strongly implied that, if this impasse isn’t resolved, she will back another legislator’s bill to change the appointments system. The current system requires Supreme Court appointments to be approved by at least seven of the appointments committee’s nine members, while the bill would allow such appointments to be approved by a simple majority of 5-4.
According to liberals, this proposal is massively undemocratic. Leftist MK Shelly Yacimovich, for instance, accused Shaked of “unruly and destructive behavior … toward the justice system.” Opposition leader Isaac Herzog accused the bill’s proponents of seeking to purge “the judiciary, the media, all criticism and fair democratic processes.” A Haaretz editorial termed the proposal “another step in the trampling of the proper balance among the branches of government” and an effort to undermine the court’s ability to protect “human rights and fundamental democratic principles.” And Supreme Court President Miriam Naor, who accused Shaked of putting “a gun on the table,” announced that she and her two judicial colleagues on the appointments committee will henceforth boycott negotiations aimed at trying to end the impasse.
But here’s the incredible thing: The simple-majority system that the bill proposes was, in fact, the one in place for more than five decades. The law was amended eight years ago to require a majority of at least 7-2 for Supreme Court appointments. In other words, what the left considered a perfectly appropriate and democratic system for all the years until 2008 is suddenly a major threat to democracy.
If you actually believe the simple-majority system is undemocratic, it would mean that every Supreme Court until 2008 was appointed via an undemocratic and illegitimate process, and therefore, none of its rulings should be considered valid. In addition, since many current justices–including Naor and both her colleagues on the appointments committee–were appointed prior to 2008, they too would be illegitimate, undemocratic appointees, so all current Supreme Court rulings would also be illegitimate and invalid. Is that what the left, the court’s self-proclaimed champion, actually wants?
Moreover, legislation gets repealed all the time when it turns out that what seemed like a good idea in theory doesn’t work in practice. In this case, Shaked’s argument is that the new system has created a deadlock that’s preventing the vitally needed appointment of four new justices–more than a quarter of the 15-justice court. That’s at least arguably a serious enough problem to justify a legislative remedy. Or is the left suggesting that legislation, once passed, must remain on the books in perpetuity, even if it proves detrimental?
As it happens, I think Shaked is wrong on the merits. The amendment was sponsored in 2008 by her fellow conservative, Gideon Sa’ar, for two reasons. First, it’s simply more appropriate for Supreme Court justices to be appointed with wide support than by a narrow majority. Second, the bill’s main purpose was actually to protect conservative interests: Given the composition of the appointments committee, which consists of four politicians, two Bar Association representatives and three sitting justices, conservatives are in the minority on the panel far more often than they’re in the majority. That’s because the three justices are almost always liberals (in the sense of favoring judicial activism), while the other six seats float. Requiring a seven-vote majority thus made it much harder to appoint ultraliberal candidates during times when liberals were in the majority. And neither of these reasons has lost its validity just because conservatives now hold a temporary majority on the panel.
But the fact that I disagree with something doesn’t make it undemocratic–a basic truth that most Israeli leftists unfortunately have yet to grasp. They have a nasty habit of deeming any proposal they dislike “anti-democratic.” And in this case, as with the vast majority of what they deem “anti-democratic,” nothing could be further from reality.
The problem is that once in a great while, they’re actually right–as is the case with another bill that hit the headlines over the past week. That bill, sponsored by the government, would expand the defense minister’s powers to impose movement restrictions and other restrictions on Israeli citizens whom he deems a threat to national security or the public welfare. It’s an appalling idea (though I suspect it ultimately won’t pass), and leftists are fully justified in raising a storm about it. I only wish conservatives were doing the same.
But after years of ranting about nonexistent threats to democracy like the Shaked proposal, leftists have destroyed their credibility, with the result that most Israelis simply tune them out. It’s the old problem of the boy who cried wolf: Raise false alarms often enough and no one will believe you when a real one comes.
Israel thereby loses out twice over: Leftists tarnish its image overseas by repeatedly making false claims of anti-democratic legislation, while also destroying their ability to raise justified alarms about the occasional real problems. It’s the worst of all possible worlds. And it’s precisely why Israel desperately needs a sane, responsible left rather than the one it has.
Originally published in Commentary on November 6, 2016
The ban on wearing burkinis at the beach, which was recently enacted by some 30 French municipalities and even won support from French Prime Minister Manual Valls, was rightly deemed an unconstitutional infringement on several fundamental liberties by France’s highest court this weekend. Yet the French controversy highlights something about Israel that is too often overlooked: the degree to which being a Jewish state, far from undermining Israel’s democracy, actually reinforces it.
The burkini ban was enacted in explicit reaction to Islamist terror attacks in France and the concerns they have raised about the integration of the country’s Muslim minority. As Christian Estrosi, the deputy mayor of Nice, told the New York Times, these full-body swimsuits, worn mainly by religious Muslims, constitute “unacceptable provocations in the very particular context that our city is familiar with,” referring to a July 14 terror attack that killed 86 people.
Yet Israel has suffered far worse Islamist terror and over a far longer period of time. Terror attacks in France have killed 234 people over the last 18 months, according to one British newspaper’s tally. That is just over half the 452 Israelis killed by terror during the single worst year of the second intifada (2002). And since France’s population is 7.6 times the size of Israel’s, that means that as a proportion of the population, Israel’s losses during that one year–without even mentioning all its losses to terrorism in other years–were almost 15 times as large as France’s have been over the past 18 months.
Moreover, as a proportion of the total population, Israel’s Muslim community is much larger than that of France. Muslims comprise an estimated 7.5 percent of France’s population, but almost 20 percent of Israel’s population–and that’s counting only Israeli citizens and legal residents, i.e. the Muslims who would still be there even if Israel quit the West Bank tomorrow.
Finally, though Israel’s Muslim population has largely shunned terror, its leadership is actually far more radical than France’s Muslim leadership seems to be. Israeli Arab Knesset members openly back anti-Israel terror organizations, actively incite to anti-Israel terror, and tirelessly libel Israel overseas. The head of one of the country’s largest nongovernmental Muslim groups–Raed Salah, leader of the Islamic Movement’s northern branch, which has tens of thousands of supporters–routinely spews anti-Semitic blood libels such as accusing Jews of baking matzo with Christian blood. And all that is without even mentioning the Palestinian leadership in the territories, where both the main political parties, Fatah and Hamas, routinely deem killing Israelis to be their main accomplishment.
In other words, if any country were going to lash out in response to Islamist terror by restricting Muslims’ freedom to observe their religion in public, one would expect it to be Israel, not France. But in Israel, no one has ever even suggested banning burkinis. Nor has anyone ever suggested forbidding civil students or schoolgirls to wear headscarves, as stipulated by other French laws that the courts have upheld. Nor has anyone ever suggested barring mosques from building minarets–a law approved by popular referendum in Switzerland, even though that country has so far had no Islamic terror problem at all.
Clearly, Israel’s religious tolerance can’t be attributed solely to its democratic norms. After all, France and Switzerland have impeccable democratic credentials, but that hasn’t stopped either from passing anti-Muslim laws. Nor is it because Israeli Arabs are a powerful enough minority to prevent such legislation: Arab Knesset members’ anti-Israel positions make them unacceptable as coalition partners in any government, and they would actually have no power to block anything the coalition majority wanted to pass. And it certainly isn’t because Israelis are saints who remain serenely forgiving of Arab terror and anti-Israel incitement; there’s plenty of anti-Arab sentiment in Israel.
Rather, the main reason why Israel never has and never would consider legislation like France’s bans on burkinis and headscarves is precisely because it is a Jewish state. In other words, it was created to take Jewish interests into account, and those interests include the freedom to observe traditional Jewish praxis. But the moment a democratic country starts making allowances for one religion’s traditions, those allowances inevitably spill over to other religions as well.
For instance, Israel could never ban headscarves in the civil service, because religious Jewish women also wear head coverings. It could never ban modest swimwear because religious Jews also insist on modest clothing. It could never ban minarets because the analogy to banning synagogues would be all too apparent. In contrast, France and Switzerland can do all those things, because they have no interest in accommodating any religion in the public square.
In short, Israel’s identity as both a Jewish and a democratic state is the main reason why Islamist terror has never prompted the kind of anti-Muslim legislation that it has in secular democratic France. So the next time someone tells you Israel’s Jewish identity is inherently at odds with its democratic identity, remember the burkini. And remember that sometimes, Israel’s Jewish identity is precisely what protects its democratic one.
Originally published in Commentary on August 29, 2016
Note: Because this piece was posted belatedly, events referred to as “last week” actually happened two weeks ago, and those referred to as “this week” happened last week
It’s unclear why, 16 months after the election, Prime Minister Benjamin Netanyahu suddenly decided last week to apologize for his Election Day warning that Arabs were “going to the polls in droves,” especially since his explanation – that he was referring to “a specific political party” rather than Arabs as a whole – may seem like a distinction without a difference: The vast majority of Arabs vote for that specific party, and the vast majority of that party’s voters are Arabs. Nevertheless, in one sense, his remarks proved very timely: The previous few weeks had provided ample evidence of just how right he was to warn against that party, the Joint List, and this week, even more evidence arrived.
This week’s news was that Palestinian Authority President Mahmoud Abbas had actively worked to turn out the vote for the Joint List. That isn’t actually surprising, since the party’s own voters have long complained that its primary concern is the Palestinian cause rather than the welfare of Israel’s Arab citizens. But given Abbas’s energetic campaign against Israel in international forums, Israelis are understandably unhappy that he effectively also has representatives in Israel’s parliament.
Even more outrageous, however, is what happened during the two weeks preceding Netanyahu’s apology. Twice during those weeks, one of three parties that ran together as the Joint List took the unprecedented step of publicly condemning a leading Arab state for forging warmer relations with its own country, the one in whose parliament it serves. Then, not content with trying to undermine Israel’s foreign relations, it even voiced support for anti-Israel terrorist groups. And these statements were made not by the Joint List’s radical fringe, but by Hadash, the party generally considered the most moderate of the three – the one whose chairman, who also heads the Joint List as a whole, likes to compare himself to Martin Luther King, Jr.
The first condemnation came after Egypt’s foreign minister visited Israel last month for the first time since 2007. In a press statement, Hadash not only bewailed the fact that the country to whom its parliamentary representatives swear allegiance seems to be paying “no diplomatic or economic price” for following policies Hadash opposes, but even accused the burgeoning Egyptian-Israeli alliance of being “an alliance that undermines a just peace and real stability in the region.”
Think about that for a minute: A party sitting in Israel’s parliament has just declared that peace between Israel and its Arab neighbors – something one would think every Israeli would welcome, and its Arab citizens above all – actually undermines regional stability. Does Hadash think Israeli-Egyptian hostility, which led to no fewer than five wars in the 30 years before the countries signed their peace treaty, would somehow be better for regional stability? Or is it simply so hostile to the country it ostensibly represents that it views anything beneficial to Israel, like peace, as evil by definition?
That question was effectively answered the following week, when Hadash issued its second condemnation – this time, of the first-ever visit to Israel by a Saudi delegation. Israel has no diplomatic relations with Saudi Arabia, so the fact that a group of Saudi academics and businessmen, headed by a retired general who formerly held senior posts in the Saudi government, obtained Riyadh’s permission for this visit was groundbreaking.
Once again, Hadash condemned the visit on the grounds that it would “legitimize” Israel’s policies. But this time, it went even further: The visit deserved condemnation, its press statement said, because it “is part of the normalization of cooperation between Saudi Arabia and Israel against Iran, Syria and resistance movements in the region.”
In other words, Riyadh’s great sin in Hadash’s eyes is cooperating with Israel against groups openly sworn to Israel’s destruction – Iran, which constantly reiterates its desire to wipe Israel off the map and backs anti-Israel terrorist groups like Hezbollah and Hamas, and the “resistance movements,” an Arab euphemism for those same anti-Israel terrorist groups, which also endlessly declare their desire for Israel’s eradication and have repeatedly attacked it. Evidently, Hadash would prefer to let these groups pursue their goal of destroying Israel unmolested. It’s the exact equivalent of a U.S. congressman condemning other countries for aiding America against Al-Qaeda after 9/11.
This isn’t the first time Hadash and its leader, Ayman Odeh, have revealed their true colors. Odeh also notoriously refuses to condemn Palestinian terror: “I cannot tell the nation how to struggle … I do not put red lines on the Arab Palestinian nation,” he said last year. Yet this never seems to stop either Israeli or foreign journalists from fawningly parroting his own comparison of himself to Martin Luther King while scrupulously ignoring all evidence to the contrary. The obvious facts that King had no trouble condemning violence and would never have supported terrorist organizations against his own country seem to elude them.
It’s hardly surprising that Netanyahu, like most other Israelis, isn’t thrilled by having a party so openly hostile to Israel sitting in the Knesset and getting funding from the Israeli taxpayer. But one might ask why it really matters, given the Arab parties’ seeming impotence: After all, Hadash’s press statements clearly didn’t discourage either the Egyptian or the Saudi overtures.
The answer is that while Arab Knesset members have very little power to harm Israel’s foreign relations, they have enormous power to harm relations between Jews and Arabs in Israel. When Israeli Jews hear statements like those above from parliamentarians who have repeatedly received the vast majority of the Arab vote, they naturally assume ordinary Arab voters must share their MKs’ views – that they, too, support anti-Israel terror and seek Israel’s diplomatic and economic isolation. As I’ve noted before, this assumption isn’t necessarily correct, but it’s perfectly rational. And it’s a huge barrier to Arab integration, because normal human beings will always be reluctant to welcome a minority into their workplaces, neighborhoods and governing institutions if they have good reason to suspect that minority of wanting to destroy their country. That isn’t prejudice; it’s common sense.
Netanyahu, as I’ve written before, has actually tried hard to further Arab integration, and he understands that Arab politicians, with their endless flow of anti-Israel vitriol, are poisoning this effort. That’s why he was entirely justified in warning against that “specific party,” and why American Jews eager to promote coexistence should do the same. Far from being the solution, existing Arab parties are a huge part of the problem, and endlessly calling them “moderates” won’t make them so.
What Israel desperately needs is a truly moderate Arab political leadership. But it will never have one as long as people who favor coexistence insist on embracing radicals rather than shunning them.
Originally published in The Jewish Press on August 7, 2016