Analysis from Israel

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With the Israeli-Palestinian “peace process” currently mired in the worst impasse of the last 18 years, one might think Western diplomats would reconsider their approach rather than mindlessly adhering to the same failed tactics. But one would be wrong, as Germany’s response to Israel’s latest announcement of new construction makes clear: Chancellor Angela Merkel’s spokesman said the announcement sent “a devastating message with regard to the current efforts to resume peace negotiations between Israelis and Palestinians” and urged Israel not to issue the tenders.

Merkel evidently didn’t consider what message she sent via that statement, but in fact, it’s a message far more devastating to “efforts to resume negotiations” than the new housing is. What she effectively said is Palestinian Authority President Mahmoud Abbas should be rewarded for steadfastly refusing to negotiate with Israel by being granted the very construction freeze even he demanded only as a quid pro quo for agreeing to negotiate.

But if refusing to talk leads the West to demand more Israeli concessions in an effort to lure him back to the table, then Abbas has no incentive ever to negotiate. After all, in negotiations, both sides usually have to give something. If by refusing to negotiate, he can instead get the world to extract unilateral concessions from Israel, that is obviously his best move.

Perhaps even more disturbing, however, is that all the new construction is planned for existing Jewish neighborhoods of Jerusalem or major Jerusalem-area settlements that virtually every peace plan ever proposed has Israel retaining. By treating Israeli construction in these areas as no less problematic than construction in isolated settlements that everyone agrees would be dismantled under any agreement, Merkel feeds the Palestinian fantasy that it really is possible to turn back the clock, because the world will support Palestinian demands for a full Israeli retreat to the 1949 armistice lines.

This is crucial, because contrary to the accepted wisdom that borders are an “easy” issue to resolve, they have proven a major sticking point in every previous round of talks. The most generous Israeli offer to date, in 2008, had Israel keeping about 7 percent of the West Bank in exchange for land swaps. But Palestinians have repeatedly insisted that Israel keep no more than 2 percent of the territory, even with 1:1 territorial swaps. According to leaked negotiating documents known as the Palestine Papers, for instance, they demanded that Israel cede both the Jerusalem neighborhood of Har Homa and the Jerusalem-area settlement of Ma’aleh Adumim, with populations of about 20,000 and 36,000, respectively. In short, they insist on throwing tens of thousands of additional Israelis out of their homes, thereby making it much harder for any Israeli leader to sign a deal.

Thus, if Western leaders really wanted to advance the peace process, they should instead be striving to get Abbas to accept that these areas are never going to
be Palestinian. And supporting continued Israeli construction there would be one of the best ways to do so.

But if the West still hasn’t figured that out after 18 years, I wouldn’t hold my breath.

 

Last week, I wrote about a Palestinian author who refused to participate in a panel discussion with an Israeli at a French literary conference. But it turns out this wasn’t the author’s private initiative: Boycotting all Israelis, even those most opposed to the Netanyahu government, is now official Palestinian Authority policy – even as the PA tells the world its problem isn’t with Israel, but only with Benjamin Netanyahu’s “right-wing” policies.

The new policy was announced this weekend by Hatem Abdel Kader, a senior official in PA President Mahmoud Abbas’ Fatah party. “We will try to thwart any Palestinian-Israeli meeting,” he said. “In Fatah we have officially decided to ban such gatherings.” And it’s already being implemented in practice, as The Jerusalem Post reported: Organized mobs of Palestinian protesters recently forced the cancellation of two Israeli-Palestinian conferences sponsored by a civil-society group. And Sari Nusseibeh, who was supposed to speak at one, didn’t even show up due to threats from the anti-normalization thugs.

I can’t dispute Abdel Kader’s assertion that most such conferences are a waste of time, because participants usually represent neither the Israeli nor the Palestinian mainstream. But that’s a far cry from banning them – especially if the PA were being truthful when it claims its only problem is the Netanyahu government. After all, the Israelis who attend such conferences are generally Netanyahu’s most vociferous critics, and vocal advocates of greater Israeli concessions to the Palestinians. If the PA isn’t even willing to countenance dialogue with them, which Israelis would it be willing to talk to?

Moreover, how is such a boycott supposed to persuade mainstream Israelis to favor the concessions the PA claims to want? Granted, Israeli activists’ enthusiastic reports of Palestinian “moderation” at such meetings have thus far had little impact; to most Israelis, Palestinian actions – from the rampant terror that followed Israeli withdrawals in the West Bank and Gaza to the PA’s serial rejection of statehood offers – speak louder than words. But is a refusal to talk to any Israeli at all a more convincing demonstration of Palestinian moderation?

Finally, the official reason given for the ban is bizarre: Fatah reportedly “fears that the Israeli government would exploit such meetings to tell the world that there is some kind of dialogue going on between Israelis and Palestinians and that the only problem is with the PA leadership, which is refusing to return to the negotiating table.” Given that the entire world has publicly blamed Israel for the impasse, why would Fatah fear any such thing?

One can only conclude that Fatah, unlike the rest of the world, knows the truth: The PA is the one that has steadfastly refused to negotiate, first imposing new conditions like a settlement freeze and then refusing to talk even if Israel accedes, as it did by declaring an unprecedented 10-month construction moratorium. And Fatah is desperately afraid Westerners will finally catch on.

So far, they haven’t. But they should. Because a Palestinian government that bans dialogue even with Israel’s far left is patently unready to make peace with Israel.

Hamas celebrated its 24th anniversary this week, and like any organization, it used the occasion to issue a press release detailing its achievements. So here, according to its own press release, are what Hamas considers its most notable achievements: It has killed 1,365 Israelis and wounded 6,411 since 1987. It has carried out 1,117 attacks on Israel, including 87 suicide bombings, and fired 11,093 rockets at Israel. And it has lost 1,848 of its own members to this noble cause.

Then, lest anyone fail to get the message, Hamas Prime Minister Ismail Haniyeh made it explicit at a mass rally to mark the anniversary. “Resistance is the way and it is the strategic choice to liberate Palestine from the (Jordan) river to the (Mediterranean) sea and to remove the invaders from the blessed land of Palestine,” Haniyeh said, making it clear there’s no room in his vision for a Jewish state in any borders. “Hamas … will lead the people towards uprising after uprising until all of Palestine is liberated.” And the crowd replied by chantingm “We will never recognize Israel.”

Hamas’ boasts are almost certainly exaggerated: It claims “credit” for more than 80 percent of all Israeli casualties since 1987, whereas Israeli data shows a much more equal distribution between Hamas and its rival, Fatah, aka Israel’s “peace partner.” But its eagerness to claim responsibility for more than its fair share of murders merely underscores the point that, far from being moderated by the responsibilities of governance, Hamas’ years in control of Gaza haven’t slaked its thirst for Israeli blood one whit.

There are several reasons why this ought to give pause to all those, from Defense Secretary Leon Panetta to the New York Times, who routinely blame Israel for the impasse in the peace process. First, as Elliott Abrams noted, there’s little point in negotiating a peace agreement with half the Palestinian polity while the other half remains committed to Israel’s eradication, as that makes it unlikely a Palestinian state could actually deliver the promised peace.

More importantly, it’s hard to see how peace is possible when a sizable portion of the Palestinian public shares Hamas’ genocidal goals. About one-third of Palestinians (excluding the undecided) say they plan to vote Hamas in the next election. Even taken at face value, that’s a minority far too large to ignore, and in reality, the figure is probably larger: Polls also predicted a Fatah victory before the last election, which Hamas won handily.

Then there’s the fact that Israel’s “peace partner” feels it has enough in common with this genocidal organization to decide to form a unit government with it. That ought to cast doubt on Fatah‘s commitment to peace even among those untroubled by other evidence.

Finally, there’s what it says about the broader land-for-peace paradigm. Abrams argued that how newly-elected Islamist parties in other Arab countries respond to Hamas’s genocidal goals will be a good test of their intentions. But in one case, we already know the answer: Hamas announced last week that it was formally joining the Muslim Brotherhood, which, shortly after winning Egypt’s elections, has already announced plans to reconsider Egypt’s own peace with Israel. In other words, the change in government in Egypt is making that peace treaty look decidedly shaky; would a treaty signed with Fatah to create a state where Hamas could someday win power be more stable?

One can understand why many Westerners prefer to avert their eyes from these facts; Hamas’ naked bloodlust isn’t pretty. But if you really want to understand why the “peace process” has failed, you won’t find a more concise explanation than Hamas’ own press release.

The ill-fated ad campaign unwittingly addresses US Jews’ disaffection with Israel.

Last Monday’s Jerusalem Post editorial asked an important question about the advertising campaign that sparked the latest spat between Israel and American Jewry: Why did American Jews jump to the conclusion that the young man in the most controversial ad was Jewish? The answer to that question is crucial to understanding two of the major causes of disaffection with Israel among young American Jews.

The ad, one of three sponsored by the Israeli government in an ill-conceived effort to lure expatriates back home, shows a young Israeli woman attempting to observe Remembrance Day. The effort flops when her American spouse misinterprets the memorial candle as lighting for a romantic dinner. Nothing in the clip identifies the man as Jewish, but everyone from blogger Jeffrey Goldberg to the leadership of the Jewish Federations of North America concluded that he was a Jew.

In short, they considered it reasonable to assume that someone who both had seemingly never even heard of  Yom Hazikaron and couldn’t even recognize the highly distinctive yahrzeit (memorial) candle, was meant to be an American Jew.

Having been raised in the kind of non-Orthodox but identifiably Jewish community that once typified  American Jewry, I find the second half of that assumption almost inconceivable: I can’t imagine any of the Jews I grew up with not recognizing a yahrzeit candle. They likely wouldn’t know it was Remembrance Day, but they would know “Dafna,” the girl in the video, was mourning someone.

But American Jewish leaders must find this conceivable,  because, if they didn’t, the logical assumption would be that the oblivious male wasn’t Jewish. And therein lies the first problem: Outside of the Orthodox community, more and more young Jews are growing up ignorant of even the most basic Jewish traditions. Yet, without these traditions, the term “peoplehood” lacks even minimal emotional content. For what does being a member of the same people mean if not for having something in common that you don’t share with others?

For centuries, that “something in common” was Judaism, but many young American Jews today have little interest in religion. Persecution also filled the bill nicely throughout most of Jewish history but, thankfully, that isn’t a problem for American Jews. 

That left tradition as the last unique identifier: the fact that Jews worldwide celebrate certain holidays that non-Jews don’t, observe mourning rituals that non-Jews don’t and recite marriage vows that non-Jews don’t. Since all families share certain rituals unique to themselves, common Jewish traditions still gave Jews around the world the feeling of belonging to the same family. But now, even that is disappearing.

American Jewish leaders talk a lot about “peoplehood,” but there is no possible basis for Jewish peoplehood that doesn’t entail some level of Jewish knowledge and praxis. Unfortunately, too many young American Jews are growing up without either. Is it any wonder that they feel nothing in common with Israelis?

Now let’s return to the first issue: why American Jews saw themselves reflected in the man’s total incomprehension of Remembrance Day. Some disconnect would be basic human nature: most Israelis have friends or relatives in the army and most Americans don’t, so Israelis are naturally more emotionally invested. But the gap goes much deeper than that. The problem isn’t that young American Jews can’t share Israelis’ personal grief on Remembrance Day, it’s that they are also increasingly uncomfortable with the day’s national implications: Remembrance Day recalls the unpleasant fact that Israel has been at war since its inception, and still is.

American Jews find this uncomfortable for several reasons. First, unlike members of my parents’ generation – who, due to the draft, either served themselves or at least knew people who did – young Jews today rarely serve in America’s all-volunteer army, and the same goes for the liberal, well-educated non-Jews who comprise their social milieu. The result is that young American Jews tend to look at people who do serve – i.e., most Israelis – as people who aren’t like us.

Moreover, they have no conception of what military service entails: how difficult it can be, for instance, to avoid civilian casualties when terrorists fire rockets from a crowded urban area. Anyone who has served himself knows this. And anyone whose friends or relatives have served takes it on faith because he knows his loved ones aren’t cold-blooded killers and would avoid civilian casualties if they could. But if you have neither served yourself nor known anyone who has – if, in fact, you view people who serve as not like you – then it’s easy to assume those anonymous Israeli soldiers are cold-blooded killers, who don’t even try to avoid civilian casualties.

Finally, American Jews have never lived under attack. Never having known what it’s like to endure, say, daily rocket strikes, they can’t fathom why Israel sees a need to respond to such attacks militarily. After all, the rockets rarely even kill anyone; what’s the big deal?

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Anyone who has served, or knows people who have, knows that reservists don’t rush to join wars that can kill or maim them unless they see real need for military action-and Israeli response rates to such call-ups typically approach 100 percent. But young Americans don’t know that, so they easily conclude that Israelis (who, after all, aren’t like them), are just warmongers who see military force as a solution to everything.

And if Israel is a country of murderous warmongers-people who truly aren’t anything like them-why should young American Jews care about it?

Ultimately, these two issues are closely related. The more American Jews see Israelis as members of the same family, the more willing they are to take it on faith that their overseas cousins aren’t murderous warmongers, but decent people like themselves. That’s precisely why Orthodox Jews are less bothered by Israeli “militarism,” despite a social milieu equally detached from army service: Bound by ties of Jewish knowledge and praxis, they still do see Israelis as members of their “family.”

The ad campaign was pulled, but the issue it raised can’t be waved away: Unless American Jews find ways to raise Jewishly knowledgeable and committed children, Israelis and American Jews really will cease to be one people someday.

Writing in Israel Hayom yesterday, Yoram Ettinger supported Newt Gingrich’s statement that Palestinians are an “invented” people by offering statistics to show that far from having lived in the Holy Land for millennia, most Palestinians descend from immigrants who came from throughout the Muslim world between 1845 and 1947. Simon Sebag Montefiore provides similar data in his new book, Jerusalem: The Biography, as a New York Times reviewer noted: From 1919-38, for instance, 343,000 Jews and 419,000 Arabs immigrated to the area, meaning Arab Johnny-come-latelies significantly outnumbered the Jewish ones.

One might ask why this should matter: Regardless of when either Jews or Palestinians arrived, millions of both live east of the Jordan River today, and that’s the reality policymakers must deal with. But in truth, it matters greatly – because Western support for Palestinian negotiating positions stems largely from the widespread view that Palestinians are an indigenous people whose land was stolen by Western (Jewish) interlopers.

Current demographic realities would probably suffice to convince most Westerners that a Palestinian state should exist. But the same can’t be said of Western insistence that its border must be the 1967 lines, with adjustments possible only via one-to-one territorial swaps and only if the Palestinians consent. Indeed, just 44 years ago, UN Resolution 242 was carefully crafted to reflect a Western consensus that the 1967 lines shouldn’t be the permanent border. So what changed?

The answer lies in the phrase routinely used to describe the West Bank and Gaza today, but which almost nobody used back in 1967, when Israel captured these areas from Jordan and Egypt, respectively: “occupied Palestinian territory.” This phrase implies that the land belongs to the Palestinians and always has. And if so, why shouldn’t Israel be required to give back every last inch?

But if the land hasn’t belonged to the Palestinians “from time immemorial” – if instead, both Palestinians and Jews comprise small indigenous populations augmented by massive immigration in the 19th and 20th centuries, with the West Bank and Gaza becoming fully Judenrein only after Jordan and Egypt occupied them in 1948 – then there’s no inherent reason why the border must necessarily be in one place rather than another. To create two states, a border must be drawn somewhere, but that “somewhere” should depend only on the parties’ current needs – just as the drafters of Resolution 242 envisioned. Indeed, that resolution explicitly called for “secure” boundaries precisely because the 1967 lines were “notably insecure,” to quote then U.S. Ambassador to the UN Arthur Goldberg, and Western statesmen believed the permanent border must be relocated to make it defensible.

Moreover, if Palestinians aren’t the land’s indigenous owners, it becomes possible to implement another important principle: that 64 years of refusing repeated Jewish offers of statehood should entail a territorial price. For if decades of making war rather than peace doesn’t entail a territorial price, that encourages aggressors to keep trying to gain the whole loaf through military action, secure in the knowledge that half a loaf will always still be available if they ever decide otherwise.

On immigration, as in so many other aspects of the Israeli-Palestinian conflict, it turns out that history matters, and by ignoring it, Israel and its supporters have badly undermined their own cause. Reversing direction at this late date won’t be easy. But if the conflict is ever to be resolved, correcting the historical record is vital.

 

As Jonathan correctly noted yesterday, it’s ridiculous to assert that Israeli-Palestinian peace is threatened by plans to build 40 new homes inside a settlement that everyone knows will remain Israeli under any agreement. But if UN Secretary General Ban Ki-moon would like to see a genuine obstacle to peace, I suggest he study what happened at a conference of Mediterranean writers in Marseille last week: An Israeli author was kicked off a panel discussion because a Palestinian writer refused to sit at the same table with him.

Organizer Pierre Assouline told Haaretz that in the previous two years, Palestinian writers refused to attend the conference at all because Israelis were present. This year, poet Najwan Darwish agreed to show up, but only if he didn’t have to participate on the same panels as any Israeli authors. When he discovered that he was in fact listed as speaking on one panel together with Israeli Moshe Sakal, he told Assouline he would boycott the discussion unless Sakal was ousted. And Assouline, deciding that Sakal in any case wasn’t important to the issue at hand (the Arab Spring), acquiesced.

It is, of course, problematic that Palestinian authors refuse to even sit in the same room with Israeli authors, who as a group (and Sakal is no exception) are overwhelmingly critical of Israeli government policy and consistently advocate greater concessions to the Palestinians. If Palestinian intellectuals won’t deign to talk even with the Israelis most supportive of their cause, it’s hard to see how a lasting Israeli-Palestinian peace could ever emerge.

Far more problematic, however, was the response of Darwish’s Western enablers: Instead of telling him that such boycotts won’t be tolerated, the conference organizers cravenly capitulated to his demands. Moreover, this decision was supported by many of the conference-goers: While half the audience was angry, Assouline related, “the other half was thrilled.”

This is the problem of the entire peace process in a nutshell: Much of the Western political, cultural, and intellectual elite cravenly acquiesces in Palestinian rejectionism, and thereby encourages its continuance. What Assouline did was essentially no different from what Ban Ki-moon does when he condemns plans to build 40 houses in Efrat but never utters a peep about the real obstacles to peace – like Palestinian Authority President Mahmoud Abbas’s refusal to recognize a Jewish state in any borders, or his refusal to negotiate with Israel’s prime minister even during the 10 months when Israel acceded to his demand for a freeze on settlement construction. Just as Assouline and his colleagues effectively agreed that Sakal’s presence, rather than Darwish’s boycott, was the problem, Western leaders who routinely condemn construction in Jewish neighborhoods of Jerusalem or major settlement blocs while remaining silent on such issues as Palestinian refusal to recognize a Jewish state are effectively agreeing that the problem is Israel’s very existence – even in areas that everyone knows will be part of Israel under any deal – rather than Palestinian opposition to this existence.

And as long as such Palestinian rejectionism continues to receive Western support, Palestinians will have no incentive whatsoever to abandon it.

The media’s veto power over Supreme Court appointments harms judicial independence.
Supreme Court President Dorit Beinisch is outraged by politicians’ attitudes toward the court, as she said at a legal conference last Thursday. I’m also outraged – by the sheer hypocrisy of her accusations. For lack of space, I’ll discuss just one example: She opposed a bill to have the Knesset Constitution Committee vet Supreme Court nominees because it would undermine judicial independence. Why is this hypocritical? Because while Beinisch opposes giving our elected representatives veto power over Supreme Court nominations, she has personally granted unelected journalists such a veto.

And if that seems far-fetched, consider the case of Jerusalem District Court Judge Noam Sohlberg.

A month ago, Sohlberg was a leading candidate for the Supreme Court. The Judicial Appointments Committee’s four politicians all backed him, as did one of the Bar Association’s two representatives, while Beinisch and the panel’s other two justices were reportedly willing to acquiesce if the other members would support their preferred candidate for a second vacancy. Such deals are necessary because a law enacted by the previous government requires seven of the nine panel members, rather than a simple majority, to approve Supreme Court appointments. 

But then the media launched a campaign to brand Sohlberg as “right-wing.” Scarcely a day passed without a news story, editorial or op-ed rehashing this charge. The media also provided a megaphone to left-wing jurists, authors and academics who urged Beinisch not to “politicize” the court by appointing a “right-wing” judge. And it worked: When the appointments committee met on November 20, Beinisch nixed the planned deal.

Sohlberg, she reportedly told the committee, is a “talented judge.” But “appointing him would be interpreted as choosing a right-wing candidate because he had been depicted as such in the media,” and this perception would harm the court.  In short, she authorized the media to veto any appointment merely by branding the candidate as “right-wing.”

This has devastating implications, as the media’s reasons for hounding Sohlberg make clear. The first was that he lives in a settlement – not an illegal outpost, but a legal settlement under Israeli law. Thus a whole class of law-abiding Israelis has now effectively been barred from the court solely because the media disapproves of where they live. And as attorney Khaled Zoabi, the Judicial Appointments Committee’s first Arab member, warned in a Hebrew-media interview last month, if settlers can be banished from the court, calls for banishing other groups, like Arabs, will surely follow.

But the media also abhorred Sohlberg’s rulings – especially his verdicts against them in several libel suits. Most notably, Sohlberg ruled against reigning media queen Ilana Dayan, presenter of Channel 2’s investigative program “Fact,” even awarding the plaintiff a hefty NIS 300,000 in compensation.

Dayan had reported allegations that a certain Captain R. “confirmed the kill” of a 13-year-old girl in Gaza in 2004 – meaning that after his troops shot an unidentified suspicious figure approaching their outpost, R. went over, saw she was a schoolgirl, and deliberately shot her again at close range. Sohlberg didn’t challenge Dayan’s decision to report the story, which at the time seemed credible; only later did the key witness, R.’s lieutenant, break down in court and admit to having fabricated it to get rid of an officer he disliked. But the judge accepted R.’s contention that in various ways, Dayan’s report distorted a case still under investigation to make it more damning than warranted.

Now consider how this undermines judicial independence: Any judge aspiring to a Supreme Court seat will henceforth know that he should never rule against the media in a libel case, especially a high-profile one. And plaintiffs will just have to pray they get a judge without such aspirations.

Take another Sohlberg ruling loathed by the media: He acquitted a policeman of manslaughter for killing a Palestinian who, in retrospect, posed no danger because he accepted the policeman’s claim that he truly believed his life was threatened. Note to future Supreme Court candidates: Never, ever side with a policeman against a Palestinian, even if you suspect that, faced with a split second in which to make a life-or-death decision, you too might decide wrongly. And policemen can henceforth forget about a fair hearing from any judge with Supreme Court aspirations; other judges will surely learn the lesson.

Indeed, if judges know promotion depends on keeping the media happy, the career-minded will take care to avoid any ruling likely to offend known media sensitivities. And that will positively destroy judicial independence.

In contrast, letting politicians vet Supreme Court candidates wouldn’t hurt judicial independence at all, because the Knesset – unlike the media – changes hands frequently. Just consider how the government has traded hands over the last 20 years: Labor, 1992-96; Likud, 1996-99; Labor, 1999-2001; Likud, 2001-05; Kadima, 2005-09; Likud, 2009-2011. Hence judges needn’t fear that upsetting a particular party would preclude promotion, because the very decisions that upset one party would likely please its rivals. Moreover, with 14 justices and a mandatory retirement age of 70, Supreme Court slots fall open fairly often, so the wait would rarely be long.

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Letting the Constitution Committee vet Supreme Court candidates would

thus ensure a spectrum of opinion on the court without compromising

judicial independence – which is precisely why virtually every other

Western democracy does entrust

Supreme Court appointments to some combination of the executive and

legislative branches. Giving a veto to the unelected and largely

monolithic media, in contrast, merely ensures the continuation of a

stifling judicial conformism that produces minority opinions in only 3%

of cases, compared to 60% in the US, and leads large swathes of the

population to view the court as unalterably hostile to its most

cherished beliefs and goals.
And that, Madame President, is why confidence in the Supreme Court has

declined precipitously: It’s not Knesset members’ “campaign of

delegitimization;” indeed, it takes a stunning contempt for ordinary

Israelis to accuse them of blindly believing whatever their politicians

tell them. Rather, it’s because the public sees the court’s verdicts

year after year and draws its own conclusions. This decline will

continue unless, and until, the court’s monolithic composition changes.
The writer is a journalist and

commentator. She is

currently a JINSA Visiting

Fellow.

The media chatter that erupted in October about the possibility of Israel attacking Iran’s nuclear facilities sparked an immediate reaction: Both in Israel and abroad, opponents argued against such a strike, warning of various dire consequences.

Certainly, Israel would prefer not to attack Iran: It would rather see Tehran’s nuclear program halted by crippling sanctions, regime change or covert action, and if all these fail, it would prefer military action by an American-led coalition. Nevertheless, if Israel concluded that all other efforts had failed, and that international military action wasn’t in the cards, none of the arguments opponents have raised against an Israeli strike are likely to deter it.

The first argument is that a strike would be pointless, because it would only delay Iran’s nuclear program by “one or two years at most,” as Defense Secretary Leon Panetta said. But while it’s true that military action would only buy time, buying time for more permanent change to occur is far from pointless when the alternative is the certainty of a nuclear Iran, which Israel considers an existential threat.

The paradigm, from Israel’s perspective, is its 1981 attack on Iraq’s nuclear reactor. That, too, failed to halt Saddam Hussein’s drive toward nukes; he quickly began rebuilding his nuclear program. But it bought just enough time for Saddam to make one fatal error: his 1990 invasion of Kuwait, which resulted in an international coalition invading Iraq and imposing a strict inspection regime that uncovered and dismantled the reconstituted program.

In Iran’s case, buying time offers even better prospects, because the combination of the Arab Spring and the 2009 uprising by Iran’s own Green Movement makes regime change seem far more feasible than it did in Saddam’s Iraq. Alternatively, Iran might overreact to a strike – say, by blockading oil shipments from the Gulf – in a way that necessitates international military action, or a new constellation of world leaders might impose stronger sanctions, or some completely unforeseen development, like Saddam’s invasion of Kuwait, might radically alter the situation.

There’s obviously no guarantee that any of this would happen. But buying time at least keeps open the chance of eventually halting Iran’s nuclear program. Doing nothing offers no chance at all.

Another argument is that an attack would provoke harsh Iranian retaliation against Israel. That’s not a certainty; neither Iraq nor Syria retaliated when Israel bombed their nuclear facilities. But assuming retaliation would follow, the fact remains that having had to fight for survival ever since their country was founded, Israelis are willing to endure some pain if they consider the cause worthwhile.

The Second Lebanon War of 2006, for instance, shuttered northern Israel for a month. Yet through most of that period, polls showed strong support for the war among the bombarded northerners; they were willing to sit in shelters for the sake of defeating a dangerous enemy, Hezbollah. Only after realizing that the government’s misconceived war plan would leave Hezbollah largely intact did Israelis turn against the war.

Most Israelis do consider a nuclear Iran an existential threat, and would thus be prepared to tolerate some pain to prevent it. As former Mossad chief Danny Yatom succinctly put it last month, whatever price Iran exacts, “this is still not as bad as the threat of an Iranian nuclear bomb.”

A third argument is that given Washington’s vehement opposition, military action would undermine Israel’s relationship with its chief ally, and this would endanger Israel more than a nuclear Iran would. But despite the closeness of the alliance, Israel has never allowed America to veto moves it deems essential to its security, and there’s no reason to believe it would start now.

Moreover, there’s no reason to believe that independent Israeli action would undermine the alliance, any more than it has in the past. For instance, Israel bombed the Iraqi reactor despite Ronald Reagan’s opposition, and it continued Operation Defensive Shield (its 2002 counterterror offensive in the West Bank) despite George W. Bush’s public demand that it withdraw its forces immediately. Sometimes, temporary chills ensued: Reagan, for instance, backed a UN Security Council condemnation of the Iraqi raid and suspended delivery of F-16 fighters to Israel.

But the ruptures were never permanent, because the American-Israeli alliance has always rested primarily not on the warmth of a particular President, but on the American public’s support for Israel. And precisely because most Americans would never allow another country to veto military action vital to America’s security, they have always understood Israel’s refusal to grant such a veto to anyone, even its best friend.

A final argument is that Israel shouldn’t undertake military actions that its own top defense professionals are known to oppose. This argument would be decisive had these officials claimed Israel lacked the requisite military capabilities, but they haven’t. Rather, they argue that the costs of a strike would outweigh the benefits, largely for the reasons cited above.

But such cost-benefit decisions are properly the province of the elected government, not the defense establishment – not only because that’s how democracies work, but also because military officials have no special advantage over politicians in weighing the various pros and cons. Nothing demonstrates this better than the strike on Iraq’s nuclear reactor, which was opposed by numerous senior Israeli defense officials, including the heads of the Mossad, Military Intelligence and the Atomic Energy Commission, as well as two of the government’s leading defense experts: Deputy Prime Minister Yigael Yadin, a former Israel Defense Forces chief of staff, and Ezer Weizman, a former air force chief of staff (who resigned as defense minister before the final decision was made, but opposed it until then).

Ultimately, however, the politicians proved wiser: The bombing was a success, buying just enough time for Iraq’s nuclear program to later be permanently dismantled.

Israelis still hope Iran’s drive for nuclear weapons can be halted without military action. But if the government eventually concludes that the only alternatives are military action or a nuclear Iran, the arguments listed above are unlikely to deter it.

Israel’s government predictably capitulated to international pressure yesterday and resumed tax transfers to the Palestinian Authority. But American funding for the PA remains under attack, with the latest salvo coming from two congressmen who asked Comptroller General Gene Dodaro to investigate PA President Mahmoud Abbas’s various plans to give cash to terrorists.

There’s another question Congress ought to be asking, however: Why is the U.S. subsidizing Hamas – which, if one believes the data supplied by no less a personage than Norwegian Foreign Minister Jonas Gahr Store, chairman of the Ad Hoc Liaison Committee for international assistance to the PA, is de facto what international aid is doing?

In their letter to Dodaro last week, Congressmen Ted Deutch (D-FL) and Steve Israel (D-NY) voiced concern over Abbas’s recently announced plans to build new homes for each of the 1,027 terrorists freed in exchange for kidnapped soldier Gilad Shalit and to give them $5,000 cash grants. As the letter correctly noted, many of those freed were convicted of attacks that collectively killed hundreds of Israeli civilians, and paying terrorists is an inappropriate use of U.S. funds.

Nor are the sums involved chump change. The cash grants alone would cost $5.1 million, and the housing would cost much more: If we assume a price of some $40,300 per house (based on the average Palestinian monthly rent of $210 multiplied by Moody’s long-term average ratio of sale prices to annual rent), it would total $41 million.

Moreover, the congressmen neglected to mention Abbas’s third cash-for-terrorists program: monthly salaries for convicted terrorists still in prison, ranging from roughly $400 to $3,450 depending on the length of the sentence (the longer the sentence -meaning the more heinous the crime – the higher the salary). Multiplying the midpoint of this sliding scale ($1,925) by some 4,200 prisoners (B’Tselem’s figure from the end of August minus those included in the Shalit deal), this comes to $8.1 million a month, or $97 million a year – without including the program’s additional costly benefits, such as free health insurance and university tuition for released prisoners who served at least five years (three for women). Altogether, therefore, Abbas plans to lavish hundreds of millions of dollars in aid money on terrorists.

But all this, outrageous though it is, isn’t where the real money lies. The real money, according to Store’s data, is what the PA spends on subsidizing Hamas. Specifically, the PA has spent more than $4 billion since 2008 – over half the international aid it received – to pay salaries for government employees in the Hamas-controlled Gaza Strip and cover Gaza’s water and electricity bills.

Of course, paying teachers and doctors and providing water and electricity are worthy humanitarian goals. But money is fungible. Thus, by relieving the Hamas government of any need to provide such services itself, this international aid enables it to use the tax revenues it collects for less benign purposes, like acquiring the latest high-tech weapons looted from Libya.

In short, U.S. aid to the PA is effectively subsidizing Hamas, a designated terrorist organization. Is that really how Americans want to spend their hard-earned cash?

Israelis won’t say it, but a Cold-War paradigm is the way to fix the Palestinian conflict.
“You write a lot about why the peace process has been bad for Israel; why don’t you ever write about what you think Israel should be doing instead?” a friend asked last week. My initial response was “because Israelis generally hate my answer.” But on further reflection, I realized it’s only the first part of my answer that Israelis hate. The second part is actually coming into vogue.

Here’s the part Israelis hate: Israel can’t do anything to end the Palestinian conflict right now, or in the foreseeable future, because victory and peace are both equally unattainable. Israel cannot decisively suppress every facet of the Palestinians’ diplomatic, military, economic and cultural campaign against the Jewish State. Yet it also can’t make peace with an enemy that refuses to acknowledge a Jewish state’s right to exist within any borders.

This is exactly the same problem the US faced at the start of the Cold War: The Soviet Union was an enemy it could neither defeat nor make peace with. So all it could do was to manage and contain the conflict as best they could until some change occurred that would make it resolvable, regardless of however many decades or centuries it took.

And that’s all Israel can do as well: try to manage and contain the conflict until such time that a change in the situation makes it resolvable. There’s no way to predict when or how it will happen, just as nobody predicted the date or manner of the Soviet Union’s demise, but it may well take decades or even centuries. And, until then, Israel’s pursuit of an unattainable peace merely prolongs the conflict, as I’ve explained elsewhere. It undermines Israel’s diplomatic position and reinforces its enemies’ belief that if they wait long enough, they can achieve their goal of annihilating the Jewish State.

Unfortunately, this cold-war approach is anathema to most Israelis, because we are heirs to a millennia-old religious tradition that effectively teaches that we have the power to solve all problems through our own actions. This is the essence of the central section of the Shema prayer, which religious Jews recite twice daily, and the Biblical verses (Deuteronomy 11:13-21) that comprise it: If the Jews serve God, they will receive rain and bountiful harvests; if they don’t, they will suffer drought, famine and exile. In short, any misfortune that befalls the Jewish nation is our own collective fault, but we have the power, as the High Holiday liturgy puts it, to “avert the evil decree” by amending our behavior.

This cultural heritage is deeply ingrained even in Jews who have never heard the Shema or opened a Bible; indeed, this heritage is precisely what drives the Israeli left to keep insisting that if peace hasn’t arrived, it’s only because Israel hasn’t tried hard enough. Hence the idea that the conflict is not immediately solvable through their own efforts is a difficult one for many Israelis to come to terms with.

Nevertheless, there is something Israelis can do-indeed, must do-to bring a solution to the conflict closer, and this something does depend solely on our own efforts: We need to continue building our country to make it capable of not only surviving, but thriving, despite a conflict that could last centuries. We need to teach our children why the Jewish State is worth living for and, if necessary, dying for. We need to improve our schools to prepare our graduates for a 21st-century economy. We need to enact reforms that will allow our economy to continue growing. We need to cultivate the social solidarity that enables the country to pull together in times of crisis, despite its welter of religious, political and cultural disputes. We need to actively promote our case overseas. And the list could go on.

What does this have to do with solving the conflict? Because the conflict’s persistence is fueled by an Arab belief that they can win: that if they just continue their military, diplomatic, economic and cultural assaults long enough, the “spider-web society,” as Hezbollah leader Hassan Nasrallah famously deemed it, will collapse. Only if the Arabs become convinced that they will never be able to make Israel disappear-as the famed Zionist leader Ze’ev Jabotinsky argued almost a century ago in his famous “Iron Wall” essay-will they have an incentive to instead make peace. And only by continuing to build Israel can we make its eventual collapse inconceivable.

Fortunately, the idea that Israelis need to switch their focus from the peace process to building their own country has been gaining ground recently. As I noted in September, Labor Party chairman Shelly Yachimovich won her resounding victory in the Labor leadership primary precisely because she focused relentlessly on socioeconomic issues and completely ignored the peace process. As she herself explained, “before we … engage in a struggle for peace, we need to have a state.”

The summer’s social protest movement, which brought hundreds of thousands of Israelis into the streets to demand that the government address the country’s festering domestic needs, was another example of this focus on state building. And there are other, smaller signs as well.

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Two weeks ago, for instance, a senior Israeli journalist reported

on a conversation with an MK and former minister who had focused

almost exclusively on diplomatic and security issues for the last five

years. The MK opened the meeting by saying that, after “decades in

public service, he’s concluded that … the new Israeli politics should

confine itself to economics alone.”

None of this yet indicates a paradigm shift; most of Israel’s governing

class still views dealing with the peace process as its top priority.

But all new paradigms begin as minority positions, and this particular

position is clearly gaining strength.

After two decades of being obsessed with the peace process, there are

signs that Israelis may finally be ready to resume their historic focus

on building their state, and that is very good news for anyone who cares

about Israel’s future.

The writer is a journalist and

commentator.

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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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