Analysis from Israel

Today’s terror attack in Tel Aviv was unusual in that it originated in the West Bank, where a continuous, proactive Israel Defense Forces presence has virtually eradicated terror. In contrast, Israel suffers daily terrorism from Gaza, which the IDF left six years ago, and repeated “cease-fires” never actually cease the fire: This weekend, for instance, three rockets hit southern Israel despite the “cease-fire” announced last week by Hamas, Islamic Jihad and the Popular Resistance Committees.

During the last six years, Gazan terrorists have fired more  than 7,000 rockets and mortars at Israel. That successive Israeli governments have allowed this terror to continue is an abdication of any government’s primary responsibility: ensuring its citizens’ security. But it has also had devastating strategic consequences.

As former U.S. Ambassador to Israel Dan Kurtzer noted, it acclimated the world to the idea rocket fire on Israel is perfectly acceptable, with the result that when Israel finally did strike back in 2008, it suffered universal condemnation, culminating in the infamous Goldstone Report. As Haaretz Palestinian affairs correspondent Avi Issacharoff  noted, it has convinced the terrorists Israel fears them, emboldening them to escalate their terror. As Rabbi Eric Yoffie noted, it undermines the raison d’etre of a Jewish state, which is to protect Jews. And you needn’t be “right-wing” to reach these conclusions; all of the above are outspoken liberal doves.

Now, as I’ve written elsewhere, the terrorist enclave in Gaza also threatens Israel’s peace with Egypt. This month’s terror attacks near Eilat, perpetrated by Gazans who traversed the  Sinai to attack across the Egyptian-Israeli border, sparked a major diplomatic crisis with Cairo when several Egyptian soldiers were killed in the cross-fire; this success will surely prompt the terrorists to try to repeat it. And if enough Israelis and Egyptians are killed along their mutual border, an Egyptian-Israeli war could erupt.

For all these reasons, eliminating the Gazan terrorist enclave is imperative. But this can’t be done via a short-term operation like 2008’s; only a long-term IDF presence in Gaza will do.

The claim “there’s no military solution to rocket fire” is patently absurd. During those same years when Gazan terrorists fired more than 7,000 missiles at Israel, not a single rocket was fired from the West Bank. So unless you believe that West Bank terrorists, unlike their Gazan counterparts, never wanted to launch rockets,  the obvious conclusion is the IDF’s continuous, proactive presence has thus far prevented West Bank terrorists from acquiring rocket-launching capabilities.

The diplomatic arguments against such a move are far more serious: The international outcry would be enormous. But continued delay will only further embolden the terrorists, further accustom the world to the idea terrorists are entitled to shoot rockets at Israel with impunity, and make war with Egypt more likely. Indeed, the Eilat attacks put the diplomatic consequences of inaction on stark display: Though Israel had precise intelligence about the attacks, its government rejected a Shin Bet security service recommendation to thwart them via a preventive strike on Gaza, fearing Egypt’s anger. In consequence, the attacks went ahead and several Egyptians were killed – outraging Egyptian public opinion far more than a strike on Gaza would have.

Gaza’s terrorist regime must be destroyed. Israel can no longer afford any other outcome.

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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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