Analysis from Israel

If insanity means doing the same thing over and over and expecting a different result, then many leading European officials are certifiably insane.

A new WikiLeaks cable reveals that in January 2010, then-French foreign minister Bernard Kouchner proposed that the West promise “to recognize a Palestinian state within a defined timeline, regardless of the outcome of negotiations.” Nor is he alone. This month, 26 former senior European officials, including several former presidents and prime ministers, advocated recognizing a Palestinian state as an alternative to negotiations. And in July 2009, then-EU foreign policy chief Javier Solana proposed that the UN Security Council set a deadline for negotiations, and then, if no agreement were reached, dictate its own final-status arrangement and recognize a Palestinian state in those parameters.

But the EU has tried unilateral recognition before, in Cyprus. And it proved disastrous.

In April 2004, Cyprus voted on a UN-brokered deal to reunite its Greek and Turkish halves. The deal overwhelmingly favored the Greeks: it required Turks to cede 22 percent of their territory after evicting all Turkish residents; let half the 200,000 Greek refugees return to their former homes in Turkish Cyprus; and gave Greeks a two-thirds majority on the united island’s presidential council. Yet 75 percent of Greeks rejected the deal, while 65 percent of Turks approved it.

Why? Because Greek Cyprus was promised immediate EU membership regardless of how it voted, while Turkish Cyprus was offered admission only if both Turks and Greeks approved the deal. Since the Greeks would pay no penalty for voting no, they had every incentive to hold out for an even better deal. Specifically, they wanted all their refugees returned to Turkish Cyprus, so they could outnumber and outvote Turks even in the federation’s Turkish half.

But the decision to admit Greek Cyprus regardless didn’t just scuttle the peace deal. Next, it destroyed the credibility of EU promises because Greek Cyprus, now a member, vetoed promised moves to ease the Turkish half’s economic isolation in reward for its vote. Then it scuttled accession negotiations with Turkey because Nicosia quickly vetoed further progress due to its ongoing dispute with Ankara over Turkish Cyprus — a rejection some have blamed for Turkey’s subsequent turn eastward. Finally, it effectively killed EU-NATO cooperation because NATO member Turkey won’t recognize EU member Cyprus until the Cyprus dispute is resolved, and therefore vetoes cooperative initiatives.

The EU’s Palestine plan would clearly have the same result. By promising recognition without negotiations, it would certainly scuttle any chance of peace: if Palestinians can get most of what they want without an agreement and still keep agitating for the rest, they would have no incentive to make any concessions, even on such deal breakers as the “right of return.”

But since Israelis and Palestinians, unlike Greek and Turkish Cypriots, aren’t already separated into two de facto states, it might also spark a war — thereby fomenting precisely the kind of bloodshed that Europeans claim to want to prevent. In short, the consequences could be even worse than they were in Cyprus.

Unfortunately, the EU seems incapable of learning from past mistakes. And Israelis and Palestinians will pay the price.

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Why equality doesn’t belong in the nation-state law

Ever since Israel’s nation-state law was enacted in July, one constant refrain has sounded: The law should have included a provision guaranteeing equality to all Israelis. It’s not only the law’s opponents who say this; so do many of its supporters, liberals and conservatives alike. But they are wrong.

Adding a provision about equality to the nation-state law sounds innocuous because civic and political equality is already implicitly guaranteed through the 1992 Basic Law: Human Dignity and Liberty. Basic Laws are Israel’s closest approximation to constitutional legislation, and the 1992 law, which protects the “dignity of any person as such,” has been consistently interpreted by the courts as enshrining equality on the grounds that discrimination violates a person’s dignity. So what harm could it do to offer an explicit guarantee in the Basic Law: Israel as the Nation-State of the Jewish People?

The answer is that doing so would elevate Israel’s democratic character above its Jewish one. And that would negate the entire purpose of the nation-state law, which was to restore Israel’s Jewish character to parity with its democratic one—not superiority, but merely parity.

To understand why this is so, it’s first necessary to understand why adding an equality provision would violate basic constitutional logic. This argument was cogently made from the liberal side of the political spectrum by Haim Ramon, a former senior Labor Party Knesset member and former justice minister. Writing in Haaretz’s Hebrew edition last month, Ramon argued that if anyone thinks equality isn’t sufficiently protected by the Basic Law: Human Dignity and Liberty, they should work to amend that law rather than the nation-state law, as the former is where any provision on equality belongs.

This isn’t mere semantic quibbling. A constitution, being a country’s supreme instrument of governance, isn’t supposed to be a jumble of random provisions thrown together with no more thought than a monkey sitting at a keyboard might provide; it’s supposed to be a carefully crafted document. That’s why constitutions typically group all provisions relating to a given topic into a single article or chapter. Each article has equal status; none is more or less important than the others. And together, they create a comprehensive document that addresses all the basic questions of governance.

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