Analysis from Israel

Mudar Zahran, a Palestinian-Jordanian now living in Britain, has collected and published some truly shocking testimony from Gaza residents about Hamas’s behavior during this summer’s war with Israel. All his interviewees insisted on remaining anonymous, and it’s easy to understand why: They accuse Hamas of deliberately creating hundreds of civilian casualties by forcing civilians to stay in places Israel had warned it was going to bomb.

Here, for instance, is the testimony of S., a medical worker:

The Israeli army sends warnings to people [Gazans] to evacuate buildings before an attack. The Israelis either call or send a text message. Sometimes they call several times to make sure everyone has been evacuated. Hamas’s strict policy, though, was not to allow us to evacuate. Many people got killed, locked inside their homes by Hamas militants. Hamas’s official Al-Quds TV regularly issued warnings to Gazans not to evacuate their homes. Hamas militants would block the exits to the places residents were asked to evacuate. In the Shijaiya area, people received warnings from the Israelis and tried to evacuate the area, but Hamas militants blocked the exits and ordered people to return to their homes. Some of the people had no choice but to run towards the Israelis and ask for protection for their families. Hamas shot some of those people as they were running; the rest were forced to return to their homes and get bombed. This is how the Shijaiya massacre happened. More than 100 people were killed.

And here’s K., a graduate student at an Egyptian university who was visiting his family in Gaza this summer: “When people stopped listening to Hamas orders not to evacuate and began leaving their homes anyway, Hamas imposed a curfew: anyone walking out in the street was shot without being asked any questions. That way Hamas made sure people had to stay in their homes even if they were about to get bombed.”

And H., who lost his leg in an Israeli bombing: “My father received a text-message from the Israeli army warning him that our area was going to be bombed, and Hamas prevented us from leaving. They said there was a curfew. A curfew, can you believe that?”

T., a former (and evidently disenchanted) Hamas government official, explained the policy’s rationale:

Some people say Hamas wants civilians killed in order to gain global sympathy, but I believe this is not the main reason. I think the reason is that if all the people were allowed to evacuate their homes, they all would have ended up in a certain area in Gaza. If that happened, it would have made the rest of Gaza empty of civilians, and the Israelis would have been able to hit Hamas without worrying about civilians in all those empty areas. Hamas wanted civilians all over the place to confuse the Israelis and make their operations more difficult.

Nor is this the only crime of which Zahran’s interviewees accused Hamas. For instance, three different people–two aid workers and an imam–said Hamas stole humanitarian aid and either kept it for its own people or sold it to ordinary Gazans for exorbitant prices.

Altogether, Zahran interviewed more than 20 Gazans, all of whom had shocking things to say. That doesn’t guarantee that their stories are true. Palestinians frequently fabricate atrocity tales about Israel (see, for instance, the Jenin massacre that wasn’t, or the perennial favorite about Israel trying to turn Palestinians into drug addicts), so there’s no reason to think anti-Hamas Palestinians aren’t equally capable of fabricating atrocity tales about Hamas.

Moreover, the interviewees were clearly terrified of Hamas, so it wouldn’t be easy to get them to talk to the international media (which generally relies on either Hamas-approved fixers or local stringers), UN workers (many of whom are openly affiliated with Hamas), or human-rights organizations (which, like the media, generally rely on local investigators). Still, given how many crocodile tears the media, the UN, and human-rights groups have shed over alleged Israeli “war crimes” in Gaza, one would think they could spare some time and effort to investigate alleged Hamas war crimes against its own people.

That they haven’t merely confirms, once again, two basic truths: First, these self-proclaimed moral arbiters care very little about human rights unless Israel can be blamed. And second, they’re fundamentally lazy: They’ll always prefer the easy route of collecting “testimony” against Israel, which Gaza residents can give without fear of consequences, to the hard work of digging for information about the abuses of a terrorist government that tortures and kills anyone who dares speak against it.

Originally published in Commentary 

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Israel’s constitutional crisis has been postponed, not resolved

After years of leftists crying wolf about democracy being endangered, Israel finally experienced a real constitutional crisis last week. That crisis was temporarily frozen by the decision to form a unity government, but it will come roaring back once the coronavirus crisis has passed.

It began with Knesset Speaker Yuli Edelstein’s refusal to let the newly elected Knesset vote to replace him as speaker and culminated in two interventions by the High Court of Justice. I’m one of very few people on my side of the political spectrum who considers the court’s initial intervention justifiable. But its second was an unprecedented usurpation of the prerogatives of another branch of government, in flagrant violation of legislation that the court itself deems constitutional.

Edelstein’s refusal, despite its terrible optics, stemmed from a genuine constitutional concern, and was consequently backed even by Knesset legal adviser Eyal Yinon, who had opposed Edelstein many times before and would do so again later in this saga. The problem was that neither political bloc could form a government on its own, yet the proposed new speaker came from the faction of Benny Gantz’s Blue and White Party that adamantly opposed a unity government. Thus whether a unity government was formed or Prime Minister Benjamin Netanyahu’s caretaker government continued, the new speaker would be in the opposition.

But as Yinon told the court, speakers have always come from the governing coalition because an opposition speaker can effectively stymie all government work. And once elected, he would be virtually impossible to oust, since 90 of the Knesset’s 120 members must vote to do so. An opposition speaker would thus “hurt democracy,” warned Yinon. “We’re planting a bug in the system, and this, too, undermines our constitutional fabric.” That’s why Edelstein wanted to wait, as Knesset bylaws permit, until a government was formed and could choose its own speaker.

Yet despite this genuine and serious concern, the fact remains that a newly elected majority was being barred from exercising its power. Moreover, it had no parliamentary way of solving the problem because only the speaker can convene parliament and schedule a vote. Thus if you believe majorities should be allowed to govern, the court was right to intervene by ordering Edelstein to hold the vote.

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