Analysis from Israel

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The New York Times reported Monday on a U.S. soldier charged with killing Afghan civilians for fun. Yet much of the report was devoted to explaining why civilian killings by soldiers usually don’t result in indictments — like a 2008 case in which Marines allegedly fired indiscriminately at an Afghan road, killing 19 people and wounding 50. The case was closed because “the shootings began after a suicide bomber attacked the unit’s convoy,” and “the Marines said they had taken hostile gunfire after the explosion and had fired to defend themselves from perceived threats.” The Times explained:

It can be difficult to win a conviction, specialists in military law said, when defendants can make a plausible claim that they believed, in the confusion of the “fog of war,” that their lives were in danger and they needed to defend themselves.

“You often see cases of kids who just make dumb decisions,” said Gary Solis, who teaches the laws of war at Georgetown University. “But killings in the heat of the moment, they don’t usually try those guys. The guys you try are the ones who have an opportunity to consider what they are doing.”

Eugene R. Fidell, who teaches military law at Yale, added that it’s often hard to gather evidence in conflict zones.

In many cases, he said, months have passed by the time an accusation surfaces, and so units have rotated back from the tour of duty, records are poor, and it is difficult to find witnesses.

Moreover, in the Muslim world investigators are deeply reluctant, for cultural reasons, to exhume bodies and perform autopsies.

Astoundingly, even the lone human-rights advocate quoted agreed. “The large majority of civilian harm in both Iraq and Afghanistan takes place during legitimate military operations,” said Sarah Holewinksi, executive director of the Campaign for Innocent Victims in Conflict.

Clearly, all the above considerations also apply to Israel’s military operations in Lebanon and Gaza. Civilian deaths occurred in the heat of combat, when soldiers could plausibly have thought themselves endangered. Few witnesses will talk to Israeli investigators, yet testimony given to nongovernmental organizations is problematic as courtroom evidence, because attorneys and judges cannot question the witnesses themselves or form an impression of their credibility. And most victims are Muslims, who have religious objections to autopsies.

Yet when it comes to Israel, these factors are somehow dismissed as unimportant. That same day, the Times reported on an Israeli court’s conviction of two soldiers for crimes committed during last year’s Gaza war. Altogether, it noted, 48 cases have been opened. A third are “still in progress,” a few produced convictions, and the rest were closed, for the reasons cited above.

“But human rights groups say that the military’s criminal proceedings are insufficient” and that Israeli troops committed “atrocities that require outside investigation.”

The principle that the law applies equally to all is a cornerstone of modern Western civilization. Yet too many Westerners seem to reserve the protections granted by the laws of war for their own soldiers while denying them to Israel.

By so doing, they don’t just undermine Israel. They undermine their own civilization.

Liberal American Jews are often appalled by allegations of Israeli “war crimes” against Palestinians — and equally appalled by Israelis’ apparent indifference to these allegations. What is wrong with their Israeli brethren, these well-meaning Jews wonder, that they seemingly countenance such heinous acts?

Haaretz‘s woman in Ramallah, Amira Hass, unintentionally provides the answer in her citation today of the following testimony collected by Breaking the Silence, a group formed to allow ex-soldiers to “break their silence” about Israeli “war crimes”:

And there is another soldier who suddenly understood, during Operation Defensive Shield, that “the tank is a crazy source of fire. You’re moving around in (a populated area ) with all these refugee villages around and all these clumsy weapons, and you fire in a place like that. To fire with a cannon inside a neighborhood … I felt bad.

“Defensive Shield is a complicated and hysterical story … they constantly spoke in terms of war. It took me two or three months to understand … that I hadn’t returned from a war. I was in some campaign … that was worthless in many senses.

“And all the time there was that terminology of shoot in every direction, at anything that moves, and all the time the word war was repeated. … To this day, I go around with the feeling that someone from the outside orchestrated the atmosphere.”

Two ostensible facts about Defensive Shield, Israel’s April 2002 incursion into the West Bank, emerge from this testimony: soldiers opened fire indiscriminately, and the operation was militarily unjustifiable to begin with — downright “worthless.” Yet both are demonstrably false.

First, Palestinian allegations of an Israeli-perpetrated “massacre” in Jenin during the operation sparked intensive investigations. Yet even the UN — not an organization known for its pro-Israel bias — concluded that the death toll in Jenin was exactly 52 Palestinians and 23 Israeli soldiers, while Human Rights Watch (another organization not known for pro-Israel bias) concluded that only 22 of those Palestinians were civilians.

Given the difficulty of fighting in a crowded urban environment where combatants and noncombatants are intermingled, and where combatants don’t even wear uniforms (making them harder to distinguish from civilians), this is an extraordinarily low civilian casualty rate, one no other Western army involved in urban warfare has matched. Thus, far from constituting indiscriminate fire, Defensive Shield exemplified the most discriminating fire imaginable.

Second, far from being “worthless,” this was one of the most successful operations in Israel’s history. The number of Israelis killed by Palestinian terror — which peaked at 449 in the intifada’s second year (September 2001-September 2002), including 134 in March 2002 alone — fell by about 50 percent a year in each of the next several years. And the main reason was Defensive Shield, launched in response to that deadly March 2002.

Allegations are rarely so easily disprovable; most pit one person or group’s word against another, with no way to know who’s right. But when organizations like Breaking the Silence treat even such patently false allegations as credible indictments, most Israelis find it hard to give their other claims any credence.

The Israeli media ran a mind-boggling story today: in exchange for a two-month extension of the freeze on settlement construction, Barack Obama has offered Israel various mouth-watering goodies, as Jen noted in an earlier post. Yet Prime Minister Benjamin Netanyahu is leaning toward refusing.

Obama’s offer reportedly includes the following (see here and here, for instance): support for Israel’s demand that any Israeli-Palestinian deal include a long-term Israeli presence in the Jordan Valley; a Security Council veto of any anti-Israel resolution submitted in the coming year; additional military aid; advanced weaponry; stringent measures to halt arms smuggling; and a pledge not to seek another extension when this one expires.

Israel needs all of the above, and Obama has hitherto often failed to provide them. Thus the offer’s benefits would seem to far outweigh the damage of extending the freeze for two months. Yet Netanyahu claims his cabinet — those same ministers who approved a 10-month freeze in exchange for nothing — wouldn’t approve another two months, even for these lavish promises. What gives?

I suspect Netanyahu resorted to this flimsy excuse because the real reason is too undiplomatic to state publicly: Obama, by his own actions, has shown he views presidential promises as made to be broken. And Israel’s government is loath to incur the real damage of extending the freeze (which J.E. Dyer ably explained here) in exchange for promises that will be conveniently forgotten when they come due.

Israel, after all, received its last presidential promise just six years ago, in exchange for leaving Gaza. In writing, George W. Bush said the Palestinian Authority must end incitement and terror, voiced support for Israel “as a Jewish state,” vowed to “strengthen Israel’s capability” to defend itself, and said any Israeli-Palestinian deal should leave Israel with the settlement blocs and “defensible borders” and resettle Palestinian refugees in the Palestinian state rather than Israel. He also promised orally that Israel could continue building in the settlement blocs.

But when Obama took office, he denied the oral pledge’s very existence, infuriating even Israeli leftists. As Haaretz‘s Aluf Benn wrote, it was possible to argue the policy should change, “but not to lie.”

And while Obama hasn’t denied the written document’s existence, he’s nullified it de facto through his every word and action: he’s never challenged PA incitement; he’s advocated the indefensible pre-1967 borders, including in East Jerusalem (where he bullied Israel into halting construction even in huge Jewish neighborhoods that will clearly remain Israeli under any deal); he hasn’t publicly demanded that the PA recognize Israel as a Jewish state or said the refugees can’t be resettled in Israel; and far from strengthening Israel’s defensive capabilities, he’s condemned Israel’s enforcement of an arms blockade on Hamas-run Gaza, bullied Israel into accepting a UN probe of its raid on a blockade-busting flotilla, imposed unprecedented restrictions on Israel’s purchase of F-35 fighters, and more. He has supported Israel only when domestic pressure necessitated it.

With enough domestic pressure, Obama would probably do everything in the latest offer anyway. But without it, Israelis fear he’ll renege the moment he finds it convenient.

And for that, Obama has only himself to blame.

In an ideal world, a foreign minister who publicly repudiated his prime minister’s positions on a key foreign-policy issue from the podium of the UN General Assembly would be fired instantly. So why didn’t Benjamin Netanyahu fire Avigdor Lieberman when the latter repudiated his boss’s Palestinian policy in his UN address yesterday? There’s a two-word answer: Tzipi Livni.

Firing Lieberman would push his 15-man faction out of the coalition, leaving Netanyahu with a minority government. Even if such a government survived, it couldn’t accomplish anything. And it certainly wouldn’t have either the moral authority to conduct delicate and controversial negotiations or the political power to sell any deal to the public.

But the only possible replacement for Lieberman’s party is Kadima: the other non-coalition parties are five splinter factions, one far-left, one far-right, and three Arab. And Kadima chairwoman Tzipi Livni’s conditions for joining are so outrageous that even public humiliation by Lieberman is preferable.

When Netanyahu was elected last year, Kadima was actually his preferred coalition partner, because its views on many domestic issues resemble his. Since the “peace process” seemed to be going nowhere, he hoped Kadima would ally with his Likud to address crucial domestic problems that had been neglected for years as successive governments devoted themselves either to fruitless peace talks or to coping with the terror they inevitably spawned.

But in the ensuing coalition talks, Livni posed two unacceptable demands.

One was that she and Netanyahu should rotate the prime minister’s job, with each serving part of the term. Israel has had rotation governments before, when neither major party could form a coalition on its own. But in this case, the center-right bloc led by Netanyahu trounced Livni’s leftist bloc, 65 seats to 44. Thus Livni was essentially demanding that Netanyahu throw away his victory, overturn the will of the voters, and crown her prime minister instead — something no self-respecting politician could do.

Her second condition, however, was even worse: she demanded that during Netanyahu’s stint as prime minister, she, as foreign minister, should have sole and exclusive authority over Israeli-Palestinian talks. In other words, she wanted the elected prime minister to abdicate control over one of the most important issues in the government’s portfolio: negotiations that will determine Israel’s border, the status of its capital, security arrangements, and more.

That, too, is something to which no prime minister could consent — especially when Kadima’s views on the peace process are so radically opposed to Likud’s: The last Kadima-led government, in which Livni served as foreign minister, even offered to cede the Western Wall!

And if these were Livni’s demands when she knew Netanyahu had a viable alternative (the government he eventually formed), one can only imagine what her demands would be should Netanyahu oust Lieberman, leaving himself utterly dependent on her.

It’s a pity that Israel’s opposition leader is too egomaniacal, even by political standards, to be a viable partner. But in a reality where his only alternative is Livni’s exorbitant and dangerous substantive demands, Netanyahu has no choice but to swallow Lieberman’s insults and try to contain the diplomatic fallout.

Bill Clinton’s  comments on the number of Russian immigrants and settlers in the Israel Defense Forces do indeed, as Jennifer said, sound xenophobic. But Clinton’s slander is far more dangerous than mere xenophobia. For when he says the increased presence of “children of Russians and settlers, the hardest-core people against a division of the land… presents a staggering problem,” what he’s implying is that these soldiers cannot be trusted to obey a government order to evacuate territory — or in other words, that Israel is no longer a democratic state where the government controls the army. And nothing could be further from the truth.

It’s true that for the last decade, roughly one-third of newly minted infantry officers have been Orthodox Jews, almost triple their 12 percent share in the overall Jewish population. It’s also true that Russian immigrants and their children, representing about one-sixth of the Jewish population, constitute one-fourth of all combat soldiers.

But all this was equally true five years ago, when Israel withdrew from every inch of Gaza, dismantled its 21 settlements and evacuated four West Bank settlements to boot. Yet of the approximately 50,000 soldiers involved in the disengagement, a mere 63 refused to obey the evacuation order — about a tenth of a percent. That’s less than the number of leftists who have refused to serve in the West Bank — though they, too, are a tiny minority.

Both numbers are minuscule for a very good reason: most Israelis of every political stripe accept the principle that in a democracy, the army takes orders from the government regardless of the soldiers’ own political views. That’s as true of “Russians” and settlers as it is of secular leftists — as both the disengagement and several subsequent evacuations of illegal settlement outposts show. If Clinton offered no evidence for his libelous insinuation to the contrary, it’s because there isn’t any.

Nevertheless, if Clinton is truly concerned, the ones to blame aren’t the Russians and settlers but his secular leftist friends. For while army service is mandatory in Israel, combat units are strictly voluntary. Thus, if Russians and Orthodox Jews (most of whom, incidentally, aren’t settlers) are disproportionately represented in front-line units, it’s because they’re disproportionately willing to volunteer for combat duty, while the children of veteran Israeli leftists prefer safer jobs to the rear.

Consider, for instance, the demographic breakdown of the 13-man combat platoon in which a friend’s son currently serves: five men from hesder yeshivas, which combine Torah study with army service; four mizrahim (Israelis of Middle Eastern/North African descent); one Russian immigrant; one Ethiopian immigrant; one French immigrant; and one Israeli Arab (a real rarity, since non-Druse Arabs aren’t drafted, and very few volunteer). Glaringly absent are the Israeli-born, secular, Ashkenazi Jews of Clinton’s fond memories. Yet this group far outnumbers both Russian immigrants and Orthodox Jews.

Their shrinking presence in combat units troubles me, too — not out of any concern for Israeli democracy, but for what it says about their willingness to defend the country. But the army hasn’t suffered a hostile takeover. Clinton’s beloved leftists simply abdicated.

On Monday, I argued that Washington’s push for final-status talks now, when neither Israelis nor Palestinians actually think a deal is possible, could substantially worsen a situation that’s currently tolerable for both sides — a concern that Gabi Ashkenazi, the chief of staff of Israel Defense Forces, reiterated yesterday. But there’s another reason why talks now are a bad idea: Contrary to the accepted wisdom, the conflict is likely to be more resolvable in another few decades, not less.

First, after 16 years of existence, the Palestinian Authority has only now, under Prime Minister Salam Fayyad, finally started building institutions of statehood. Time would enable these institutions to grow and develop, increasing the chances that whatever Palestinian state a deal established would be viable rather than collapse into chaos.

Second, after years of alternately attacking Israel itself and tacitly abetting Hamas’s attacks, the PA has only now started seriously fighting terror — albeit mainly because Hamas threatens its own survival. This long track record of complicity in terror has been a major obstacle to an agreement, because it convinced Israelis that further territorial withdrawals would undermine their own security unless accompanied by stringent security provisions, including the continued IDF presence in parts of the West Bank, which Palestinians reject.

But if the PA now demonstrates a serious, long-term commitment to counterterrorism — and two years isn’t even close to constituting “long-term” — less stringent security provisions would be possible. The paradigm is Israel’s 1994 treaty with Jordan: The 27 years of de facto peace that preceded the agreement created a level of trust that enabled far less complex security arrangements than peace with Egypt did.

Most importantly, however, time is needed to enable the emergence of a new generation of leaders who are actually prepared to accept the existence of a Jewish state — something both PA President Mahmoud Abbas and Prime Minister Fayyad have repeatedly refused to do.

Indeed, just yesterday, Fayyad stormed out of a meeting of the UN Ad Hoc Liaison Committee, which coordinates financial aid to the PA, rather than sign a summary statement referencing “two states for two peoples,” Jewish and Palestinian, rather than merely “two states.” Nor was this accidental: PA leaders are fine with two states, but only if both are Palestinian — with Israel’s conversion into a second Palestinian state being accomplished by flooding it with millions of descendants of Palestinian refugees.

This is due partly to the long shadow cast by Yasir Arafat, who dominated Palestinian politics for 50 years until his death in 2004. As Munib al-Masri — the West Bank’s wealthiest businessman, a close associate of Arafat’s, and a former supporter of Oslo who vehemently opposes the current talks — told Haaretz (Hebrew only) this month, neither Abbas “nor anyone else can concede more than Arafat did in negotiations with Israel. The Americans and Israelis don’t understand this.” And regarding the current generation, who grew up under Arafat’s thumb, he’s undoubtedly right.

But a new generation, growing up in a post-Arafat world, might be able to free itself of this shadow. And only once this happens will peace be possible.

Secretary of State Hillary Clinton made a stunning admission last week that has garnered far too little attention. After a de rigueur assertion that the Israeli-Palestinian “status quo is unsustainable,” she added, “That doesn’t mean it can’t be sustained for a year, or a decade, or two or three.”

But if so, why the rush to solve the conflict now, when all signs indicate that a deal is unachievable and another round of failed talks could greatly worsen the situation?

One could simply say she’s wrong; the status quo is intolerable for suffering Palestinians. But the facts are on her side.

First, the territories are experiencing unprecedented economic growth. The World Bank reported last week that the West Bank economy grew 9 percent in the first half of this year, while Gaza (you remember — that giant Israeli prison locked in hopeless poverty and misery?) grew an incredible 16 percent. For the West Bank, this represents a second year of strong growth; last year’s was 8.5 percent.

The World Bank hastened to declare that we should never mind the facts; growth under occupation is unsustainable. And growth in Gaza (which isn’t occupied) might well be: it was artificially boosted by reconstruction after last year’s war and the abrupt easing of Israel’s blockade in May. But the West Bank’s two-year surge shows that economic reforms like those instituted by Palestinian Prime Minister Salam Fayyad, coupled with a sharp drop in terror that has let Israel greatly ease its restrictions on Palestinian movement, make long-term growth quite feasible.

Second, West Bankers have evidently learned a lesson from the second intifada: support for terror there is very low, making a resurgence that would upset the current calm unlikely. Indeed, during a visit this month to the Balata refugee camp, once “a hotbed of extremism,” a Haaretz reporter “was hard-pressed to find any passersby who were willing to express support for it.” As resident Imad Hassan explained, “What good did this [terror] do us?”

By contrast, the current calm is doing West Bankers a lot of good, and they’re clearly savoring it. As Haaretz reported following a Ramadan visit to Ramallah last month:

The one phrase not on the lips of local shoppers in their conversations with this Israeli reporter on Wednesday was “the occupation” — unlike during prior visits, when the occupation and the conflict with the Jews were regularly raised. These days, the hot topic is business. Peace negotiations, and even the Gaza Strip, are irrelevant.

In short, West Bankers, too, consider the status quo tolerable; they’re more concerned with business than “the occupation.”

One thing, however, could yet disrupt this status quo: as several CONTENTIONS contributors have noted, negotiations that collapse amid mutual recriminations have triggered violent explosions in the past, and could well do so again.

So to try to achieve an agreement that overwhelming majorities of both Israelis and Palestinians believe is currently unachievable, the Obama administration is risking the violent implosion of a status quo that it admits is sustainable for decades. That isn’t “smart diplomacy”; it’s the irresponsibility of a pyromaniac near a barrel of gunpowder.

As Jennifer noted yesterday in her comments on Giora Eiland’s Ynet op-ed, Palestinian unwillingness to recognize Israel as a Jewish state is the make-or-break issue of the peace process. She’s also correct that the Obama administration shows no signs of recognizing this fact. But two recent developments make this blindness particularly puzzling.

First, the critical importance of recognition is not an obscure point that an honest broker could easily overlook; it has by now become glaringly obvious to an overwhelming majority of ordinary Americans.

In an Israel Project poll released this week, 63 percent of respondents said the Israeli-Palestinian conflict “is mostly about religion and ideology,” so “the key to peace is each side acknowledging the other’s right to exist.” That is double the 32 percent who thought it’s “mostly about land,” so “the key to peace is figuring out how to divide the land they share, establish borders, and address Jerusalem.”

Nor did respondents have trouble identifying which party was actually unwilling to recognize the other: 61 percent said Israel was “more committed” to reaching a deal; only 11 percent chose the Palestinians.

But the administration’s inability to grasp what is obvious to most Americans is even more bewildering given that Palestinian Authority President Mahmoud Abbas has spared no effort recently to drive the point home.

Even at the talks’ gala Washington launch on September 2, when both sides were presumably at their most conciliatory, Abbas used the opening ceremony to announce that he would never recognize Israel as the nation-state of the Jewish people.

A few days later, he told the Al-Quds newspaper that he won’t even discuss recognizing Israel as a Jewish state. And if he’s pressured to make any concessions on this point, or on the refugees’ “right of return” — a euphemism for eradicating the Jewish state through demography — he will “pack his bags and leave.”

Other leading Palestinian officials, such as senior negotiator Nabil Shaath, have echoed this refusal to recognize Israel as a Jewish state.

Yet Barack Obama and his team still insist, in the teeth of all this evidence, that the most critical issue is getting Israel to continue its moratorium on settlement construction. “I told [Israeli Prime Minister Benjamin] Netanyahu that ‘you’ve got to show president Abbas that you’re serious,'” he told reporters last week.

And this week, U.S. mediator George Mitchell once again touted his favorite idea (Hebrew only): that the talks for now should focus solely on borders, because once the border is finalized, settlement construction — which is clearly Washington’s primary concern — would cease to be an issue. But Netanyahu again rejected it, pointing out that in practice, this means Israel ceding land without the Palestinians’ having to address any of Israel’s main concerns, like recognition.

In last week’s interview, Obama also said that “the only way to succeed [in the talks] is to see the world through the other person’s eyes.” Perhaps he should take his own advice and look at the world through Israeli, or even ordinary American, eyes. For unless he grasps that the real issue is not settlements, but recognition, negotiations don’t have a prayer.

Israel has suffered almost daily rocket and mortar fire from Hamas-run Gaza this week after 19 months of quiet. Yesterday, for the first time, Gazans launched phosphorus shells at the Negev. And Hamas has twice attacked Israelis in the West Bank this month, again following a long hiatus.

The response from American, European, and Israeli officials has been predictable: Hamas is escalating the terror to foil Israeli-Palestinian peace talks. But this conventional wisdom is false. And this falsehood has been undermining prospects for peace for the last 17 years.

Hamas does oppose a peace deal. But because almost nobody in either Israel or the Palestinian Authority thinks the current talks will produce one, the idea that Hamas leaders are driven by fear of the talks’ success is risible. Hamas knows quite well that the talks will fail even without its help.

Moreover, Hamas has often escalated attacks even when no negotiations were in sight. Between Israel’s August 2005 pullout from Gaza and the Annapolis summit in November 2007, for instance, Hamas fired thousands of rockets and mortars at Israel, a volume that dwarfs the current level. Yet during most of that time, not only were there no peace talks, there wasn’t even any effort to launch them.

So what really motivates Hamas? It’s no secret; Hamas officials proclaim it repeatedly: their goal is Israel’s eradication, and their method is armed struggle. Therefore, they will attack whenever and wherever it’s feasible.

Viewed through this prism, the pattern of Hamas’s terror activity is easily explained: terror escalates whenever Hamas officials think they can get away with it and de-escalates when the danger of a devastating Israeli response becomes too great.

Thus, for instance, terror soared following the 1993 Oslo Accord because Hamas realized it was safe. The Rabin-Peres government, having promised that Oslo would bring peace, couldn’t politically admit it had brought war instead, so it had to downplay the attacks rather than responding. But when Benjamin Netanyahu was elected prime minister in 1996 on a platform of fighting terror, Hamas feared he might be less restrained and de-escalated. Thus the number of Israelis killed by Palestinian terror plummeted 70 percent from 1993-96 to 1996-99.

Similarly, after the 2005 disengagement, Hamas knew the Kadima-led government couldn’t politically admit its flagship initiative had brought war rather than peace. Thus Hamas could safely triple the volume of rocket fire, knowing Israel’s government would downplay it rather than responding.

Today, thanks to the peace talks, escalation is once again safe — because Hamas knows that if Israel responds forcefully, the PA will quit the talks, and the world will blame Israel. Thus, Israel is compelled to avoid responding.

In short, it’s not the peace talks that cause terror to escalate but the world’s insistence that Israel refrain from responding so as not to “disrupt” them. And by taking this attitude, the world has effectively made “peace” synonymous with stepped-up terror.

So if Time magazine really wants to know “Why Israel Doesn’t Care About Peace,” it’s quite simple: as long as “peace” means absorbing ever-increasing casualties without responding, most Israelis would rather do without it.

If more reasons were needed for concluding that the current Israeli-Palestinian talks won’t produce a deal, here’s another: the designated mediator — i.e., the Obama administration — has just proved itself incapable of providing what even Israeli leftists deem an essential condition for peace.

Tuesday night, Palestinian terrorists murdered four Israeli civilians — two men and two women — by shooting them at close range. Yet as even Haaretz, normally the administration’s reliable flack, noted, “State Department spokesman P.J. Crowley didn’t seem to be in a rush to condemn the attack.” In fact, he didn’t condemn it at all: he merely declared it “a tragedy.”

“Any time one human being takes out a weapon and fires and kills other human beings, it’s a tragedy,” Crowley said. “We just don’t know the circumstances under which this occurred. … We are cognizant that there could be external events that can have an impact on the environment.”

The White House finally issued an unequivocal condemnation only hours later, once “the circumstances” had become clear: namely, that it could condemn the attack safely, because the Palestinian Authority wasn’t involved. Until then, Crowley had hedged his bets, hinting at extenuating circumstances that “we just don’t know,” “external events” that could affect “the environment” — any straw he could grasp to excuse the PA if that proved necessary.

What does this have to do with peace talks? To understand that, it’s worth reading Gershon Baskin’s column in the Jerusalem Post this week. Baskin aptly titled it “The indefatigable peacemaker’s advice,” because he is indeed an indefatigable peace activist. He is co-CEO of the Israel/Palestine Center for Research and Information, has been personally involved in many previous rounds of negotiations (both official and unofficial), and continues to believe that “the Israeli-Palestinian conflict is resolvable” right now — a position shared by few other Israelis.

Yet even this indefatigable optimist noted that peace will not be possible if certain conditions aren’t met. For instance, he dismissed the “borders first” idea once touted by U.S. mediator George Mitchell, correctly noting that “the agreement will be a package deal in which there are trade-offs,” and therefore, the various final-status issues “cannot be negotiated separately.” Additionally, he warned, Israel must be convinced that any deal will end with the Palestinians’ recognizing it as “the nation-state of the Jewish people” (to bridge the gap between the PA’s unwillingness to concede this upfront and Israel’s need to know it will happen eventually, he proposed having the Palestinians give such a pledge to Washington as a “deposit”).

But here’s the clincher: “All of Israel’s security concerns must be addressed by the Palestinians (and the American team) with the utmost sincerity. There will be no agreement unless Israel feels its security needs will be met.”

That, however, is precisely what team Obama has just shown itself incapable of doing. Because if you want to convince Israelis that their security concerns will be addressed, offering lame excuses for anti-Israel terror rather than forthrightly condemning it isn’t a good way to start.

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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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