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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Israel’s unity government may prove a constitutional time bomb

That Israel will soon have a government is good news; almost any government would be better than the political dysfunction that has produced three elections in the past year. But aside from its existence, there’s little to like about this “unity” government.

The biggest problem isn’t that many important issues will perforce go unaddressed, though that’s inevitable given the compromises required when neither bloc can govern on its own. Nor is it the risk that the government will be dysfunctional even on “consensual” issues like rescuing the economy from the coronavirus crisis, though this risk is real, since both sides’ leaders will have veto power over every government decision.

Rather, it’s the cavalier way that Israel’s Basic Laws are being amended to serve the particular needs of Prime Minister Benjamin Netanyahu and his new partner, Blue and White chairman Benny Gantz.

Though Israel’s Supreme Court wrongly claims the Basic Laws are a constitution, they were never intended as such by the parliaments that passed them. Indeed, some were approved by a mere quarter of the Knesset or less.

But they were intended as the building blocks of a future constitution should Israel ever adopt one. That’s why this handful of laws, alone of all the laws on Israel’s books, are deemed “Basic Laws,” and why each addresses a fundamental constitutional issue (the executive branch, the legislature, the judiciary, human rights, Israel’s Jewish character, etc.).

In other words, though they aren’t a constitution, they do serve as the foundation of Israel’s system of government. And tinkering with the architecture of any democratic system of government can have unintended consequences, as Israel has discovered before to its detriment.

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