Analysis from Israel

Observing developments since Hamas and Fatah signed their latest reconciliation deal in October is an object lesson in just how much of the Palestinians’ misery is self-inflicted–or to be more precise, inflicted by their two rival governments.

The first thing that happened after implementation of the deal in early November was that prices of merchandise imported to Gaza plummeted by up to 25 percent. Having your money go 25 percent further is an obvious boon to anyone, but especially for impoverished Gazans. Prices fell because, for the first time in a decade, Gazans weren’t paying taxes to two different governments–the Palestinian Authority in the West Bank and Hamas in Gaza–but only to one. As part of the reconciliation deal, Hamas handed control of Gaza’s borders to the PA and dismantled the tax collection checkpoints it had set up at the border crossings.

This long-overdue relief didn’t last long. Earlier this month, I pointed out that, since Hamas would remain the dominant military power in Gaza even after the deal was implemented, it wasn’t clear how anyone could stop it from extorting taxes again once it had gotten what it wanted from the deal. I overestimated Hamas’s patience. Though the PA has yet to fulfill most of its promises to Hamas, the latter has already resumed collecting taxes.

True, the checkpoints are gone, but Hamas found another method to seek the rents on which it survives. It simply summoned several hundred businessmen to appear in its offices and demanded payment of tax on everything they have imported to Gaza since the reconciliation was signed. After all, Hamas needs that money; it has rockets and tunnels to build. So who cares that Gazans will once again be paying inflated prices they can ill afford?

The reconciliation was also supposed to bring another benefit: the reopening of the Rafah border crossing between Gaza and Egypt, which has been closed almost continuously for the last four years. Since Israel allows only limited traffic from Gaza through its territory, Rafah’s closure has meant that leaving Gaza is virtually impossible for most Palestinians.

Israel and Egypt have restricted traffic from Gaza for the same reason: Hamas’s incessant efforts to undermine both countries’ security. In Egypt’s case, Hamas has cooperated enthusiastically with Islamic State’s affiliate in Sinai, providing money, weapons, training, medical care and refuge in Gaza for terrorists fleeing Egyptian security forces. An open border would simply have made it easier for Hamas to supply all these services, as Israel can attest. Israel allows thousands of Palestinians to enter its territory from Gaza every month for business, medical care or transit to another country, and Hamas has exploited that traffic to smuggle everything from cash to explosives.

Once Hamas handed control of Rafah over to the PA in early November, as mandated by the reconciliation deal, Rafah was supposed to reopen. And in fact, it did open for three days two weeks ago, and was supposed to open for another three days this past weekend. But after Islamic State’s horrific attack on a Sinai mosque last Friday, Egypt abruptly announced that Rafah would once again be shut for “security reasons.” As the daily Israel Hayom explained, citing a senior PA official, “Egypt’s security forces suspect that some of the terrorists involved in the attack, as well as other wanted individuals, fled Sinai and entered Gaza via underground smuggling tunnels belonging to Hamas, with the knowledge of senior Hamas officials.” Given Hamas’s track record, that would hardly be surprising.

Incidentally, this track record conclusively disproves the widespread fallacy that Hamas is primarily concerned with the Palestinian cause rather than the cause of global jihad. An organization concerned with Palestinian well-being would strive to preserve good relations with Egypt in order to ensure that Gaza’s main gateway to the outside world remained open. Only an organization that prioritized global jihad way above Palestinian wellbeing would offer extensive aid to Islamic State, even at the price of having Rafah almost permanently closed.

Finally, there’s the minor detail of Gaza’s electricity crisis–a topic I’ve covered extensively in the past. Gaza has been down to four to six hours of power per day for months now, ever since the PA stopped paying for Gaza’s electricity last spring on the not unreasonable grounds that since Hamas was ruling the territory de facto, it should also cover the territory’s expenses. The reconciliation deal requires the PA to resume paying for Gaza’s power. But the PA and Hamas are embroiled in a dispute over which of two steps called for by the deal comes first: the PA’s resumption of the payments, or Hamas’s handover of control of civilian affairs in Gaza. Meanwhile, Gaza remains without power.

Granted, one benefit of the reconciliation does seem to have survived the first month: Gazans with permits to enter Israel are thrilled that, since Hamas dismantled its checkpoint at the border, they’re no longer subjected to lengthy Hamas interrogations every time they leave and every time they return. But we’ll see how long that lasts. After all, Hamas knows who the permit holders are, so there’s nothing to stop it from simply summoning them to its offices for interrogation, just as it summoned the businessmen to pay taxes.

Meanwhile, much of the world will doubtless continue to blame Israel for Gaza’s woes. That will make many self-described humanitarians feel good about themselves, but it will do absolutely nothing to ease Gaza’s misery.

Originally published in Commentary on November 29, 2017

2 Responses to Gaza’s Latest Lesson in Self-Inflicted Misery

  • YJ Draiman says:

    So many well-meaning people in the West, as well as latent anti-Semites, have fallen hook, line and sinker for the fabrication, delusion and myth of an Arab homeland called Palestine. So many people now believe the false and deceptive claim by the well-funded Arab deceptive propaganda machine that the Jews came and stole it, which is blatantly false.
    But though it sounds affecting and no doubt to the liberal mind particularly emotional with all the tugging of the heart strings that it implies, it is still an absolute lie just like the weed that can never be fully uprooted.
    For so many people who are either ignorant or hard hearted towards the Jewish state, they are unaware that the Jews were the aboriginal and remaining indigenous inhabitants for two millennia before the Muslim religion was created and Muslim armies swarmed out of Arabia with a Koran in one hand and a sword in the other to occupy vast territories in the name of Allah, while beheading some of the males, raping the women and taking them as slaves. The pity is that the bible as history is there for all to read. Sadly, so many ignore what is written.
    The Arabs have a spread of territory which is over 13 million square kilometers with a wealth of oil reserves in the Middle East and into North Africa (the Maghreb). Israel’s territory is barely 21,000 square kilometers (it was suppose to be 120,000 sq. km. all of Palestine) and may soon be reduced further in violation of international law and treaties and the Faisal-Weizmann agreement of January 3, 1919, which agreed that all of Palestine is allocated to the Jewish people; if the Jewish biblical heartland of Judea and Samaria is torn from it to create in its midst a terror state called Arab-Palestine: the 23rd Arab state.
    When the world extends to the million Jewish refugees who were terrorized, persecuted and expelled from Arab lands and all their assets including 120,000 sq. km/ of real property confiscated nearly 70 years ago the same sympathetic obsession that they extend to the Arabs who needlessly left Israel at the urging’s of the corrupt Arab League, then there maybe hope for a better international community than exists at the present time. The need for oil blinds them to the truth.
    Fighting terrorism is not unlike fighting a deadly cancer. It can not be treated just where it is visible – every diseased cell in the body must be destroyed completely with no traces left.
    When a poison strikes the human body, the only way to address it, is to remove it and destroy it completely. That is the way the terrorist organizations should be treated.
    YJ Draiman

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The International Criminal Court’s fundamental flaw

In my last column, I noted in passing that the International Criminal Court’s blatant anti-Israel bias is merely a symptom of a more fundamental flaw. That isn’t self-evident; court supporters would doubtless argue, just as many people do about the United Nations, that while the court’s anti-Israel bias is regrettable, it’s an isolated flaw that doesn’t outweigh the benefit of ending impunity for atrocities.

What convinced me both that the ICC is unredeemable and that the impunity problem has a better solution was actually a book by one of the court’s ardent supporters—Philippe Sands, a law professor and international lawyer who has worked on ICC cases. In East West Street, Sands traces the development of two key concepts in international law—crimes against humanity and genocide—to their respective culminations in the Nuremberg Trials of 1945 and the Genocide Convention of 1948. But for me, the real eye-opener was his description of the international wrangling that preceded the Nuremberg Trials.

Nuremberg is sometimes derided as victor’s justice. And in one sense, it obviously was: Four of the victors of World War II—America, Britain, Russia and France—decided to put senior officials of their vanquished foe on trial. But what was striking about Nuremberg was the massive degree of international concord required to hold those trials. Lawyers representing several very different legal systems and several very different systems of government nevertheless had to agree on every word and even every comma in the indictments. And since those lawyers were acting on their governments’ behalf, political approval by all four governments was also needed.

In contrast, the ICC needs no international buy-in at all to pursue a case. Granted, its prosecutors and judges come from many different countries, but they represent neither their home governments nor their home legal systems. Politically, they represent nobody but themselves. Legally, they represent one particular interpretation of international law—an interpretation popular with academics and “human rights” organizations, but less so with national governments.

At first glance, both of the above may sound like pluses. Prosecutorial and judicial independence are generally good things, whereas many governments and legal systems leave much to be desired when it comes to protecting human rights.

But the ICC’s version of prosecutorial and judicial independence is very different from the version found in most democracies because the latter is not completely unconstrained. In democracies, prosecutors and judges are constrained first of all by democratically enacted legislation, and usually by democratically enacted constitutions as well. They’re also constrained by the fact that they, too, are citizens of their country, and therefore share concerns important to most of their countrymen—for instance, national self-defense—but unimportant to judges and prosecutors from other countries (which those at the ICC almost always will be).

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