Analysis from Israel

Recent news reports from Spain beautifully illustrate why nobody should take the European Union’s pretensions to moral superiority seriously–and especially not when it comes to Israel. Spain is now committing virtually every “abuse” the EU sanctimoniously accuses Israel of, without a peep of protest from its European peers.

For instance, Spain recently erected checkpoints along its border with Gibraltar that are creating real hardship. The checkpoints have lengthened travel times from 45 minutes to two hours for cross-border commuters and also increased costs, since people who used to drive now combine foot travel and taxis to reach work on time. These are precisely the complaints Europeans routinely level at Israeli checkpoints: that they undermine the Palestinian economy by increasing the time and expense of commuting to work or moving cargo.

But unlike the Spanish checkpoints–which blatantly violate the EU’s open-border rules–Israeli checkpoints are perfectly legal under international law, even if you accept the EU’s definition of the West Bank as “occupied territory” (which Israel doesn’t; it considers the area disputed territory). Under the laws of belligerent occupation, an occupying army is entitled to take reasonable military measures within the occupied territory to ensure its country’s security; it isn’t restricted to operating along the border. And Israel’s checkpoints were established to stop Palestinian suicide bombers.

Spain’s checkpoints, in contrast, are officially there to stop cigarette smuggling, though Gibraltar claims they are pure retaliation for its efforts to curb Spanish overfishing in its waters. By any standard, stopping suicide bombers is a stronger justification. Yet the same European officials who vociferously condemn Israel’s checkpoints have nothing to say about the Spanish ones.

Then there are the hundreds of thousands of Catalonians who formed a 250-mile human chain this month to demand independence from Spain. Catalonians also gave an absolute majority to pro-independence parties in last year’s provincial elections. Yet Spain adamantly refuses to let the province hold a referendum on secession.

By any standard, Israel has more justification for caution about Palestinian statehood than Spain does about Catalonian statehood. Catalonia has never threatened Spain in any way, nor is there any Catalonian terrorism. In contrast, large swathes of Palestinian society still call for Israel’s destruction, and every previous Israeli cession of land to the Palestinians has produced a security nightmare: nonstop rocket fire from Gaza, and endless suicide bombings and shooting attacks from the West Bank (until Israel reoccupied it). Indeed, of the roughly 1,800 Israelis killed by terrorists since Israel’s founding in 1948, fully two-thirds–about 1,200–were killed after Israel began ceding land to the Palestinians under the 1993 Oslo Accords.

Yet the European officials who repeatedly demand Israel’s immediate withdrawal from the West Bank haven’t said a word to support Catalonia. Apparently, Catalonians have no right to self-determination.

Then there are the Basques, whose oft-proclaimed desire for independence can’t be tested in a vote because Spain repeatedly bars pro-independence parties from running on the grounds of alleged ties to the Basque terror group ETA. That also doesn’t bother anyone in Europe, even though Europe objects vociferously when Israel refuses to talk to Palestinian parties that actively support terror, like Yasser Arafat’s PLO during the second intifada. Nor was Europe troubled when Spain severed peace talks with ETA at the very first terror attack, which killed exactly two people, though it condemned Israel viciously for halting talks with Arafat over repeated terror attacks that killed more than 1,000 people.

In short, Europe denounces Israeli actions as unacceptable even as it deems the exact same actions by Spain unexceptionable. There’s a name for such double standards, and it isn’t “human rights.” It’s known as hypocrisy.

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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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