Analysis from Israel

Last week, the German Interior Ministry released a report on anti-Semitism which stated that during the first eight months of this year, a whopping 92 percent of anti-Semitic incidents were committed by right-wing extremists. That sounded suspicious for two reasons, which I’ll get to later, but since I don’t speak German, I couldn’t scrutinize the report for myself. Fortunately, the German daily Die Welt found the results equally suspicious, and this week, Benjamin Weinthal of the Jerusalem Post reported on some of the problems it flagged.

Weinthal explained that in a federal report on anti-Semitism issued by the German government earlier this year, “the crime of ‘Jew-hatred’ is classified in the category of ‘politically motivated right-wing extremist crime.’” But once Jew-hatred has been declared a right-wing crime by definition, most of its perpetrators will inevitably be classified as far-right extremists, even if they shouldn’t be.

Die Welt cited one particularly blatant example from summer 2014 when Israel was at war with Hamas in Gaza. The war sparked numerous anti-Israel protests, and during one, 20 Hezbollah supporters shouted the Nazi slogan “Sieg Heil” at pro-Israel demonstrators in Berlin. Hezbollah supporters are Islamic extremists, not neo-Nazis, even if they chose to taunt German Jews by hurling Nazi slogans at them. Nevertheless, the incident was classified as a far-right extremist crime, thereby neatly removing a case of Islamic anti-Semitism from the statistics.

There are two good reasons for thinking the linguistic acrobatics, in this case, represents the rule rather than the exception. First, a 2014 study of 14,000 pieces of hate mail sent over a 10-year period to the Central Council of Jews in Germany and the Israeli embassy in Berlin found that only three percent came from far-right extremists. Over 60 percent came from the educated mainstream–professors, PhDs, lawyers, priests, university and high-school students. And these letters were definitely anti-Semitic rather than merely anti-Israel; they included comments such as “It is possible that the murder of innocent children suits your long tradition?” and “For the last 2,000 years, you’ve been stealing land and committing genocide.”

Sending hate mail is an anti-Semitic incident in its own right, even if it’s not reported to the police (as most of these letters undoubtedly weren’t). Thus unless you want to make the dubious claim that Germany’s educated mainstream–unlike that of other Western countries–consists largely of far-right extremists, it’s clear that far-right extremists aren’t the only people actively committing anti-Semitic acts.

Second, in other Western European countries, Islamic extremists are a major source of anti-Semitic crime. Thus it’s hard to believe that Germany–which, as several terror attacks over the last two years have shown, is hardly devoid of such extremists–would be the one exception to this rule. In contrast, it’s easy to believe the German government would manipulate its definitions to downplay Islamic anti-Semitism because German courts have already done the same.

In perhaps the most notorious case, a German court ruled in 2015 that three Palestinians who firebombed a synagogue in July 2014 didn’t commit an anti-Semitic crime, but were merely trying to draw “attention to the Gaza conflict.” That ruling was upheld by an appeals court earlier this year. I can’t imagine a German court ruling that firebombing a church to draw attention to, say, the U.S. war in Iraq was a mere political expression rather than a hate crime. But neither the lower court nor the appellate one saw anything anti-Semitic about bombing a Jewish house of worship to protest Israel’s actions (the men were convicted of vandalizing the synagogue, but given only suspended sentences). So presto, Islamic anti-Semitism has been eliminated from the picture.

Far-right anti-Semitism is, of course, real. But so are left-wing and Islamic anti-Semitism. And by pretending the latter two don’t exist, the German government has made it impossible to combat those types of anti-Semitism effectively, since you can’t fight something whose very existence you refuse to acknowledge.

This might not matter to Berlin; the German government clearly cares more about fighting the far right than fighting anti-Semitism, and evidently considers redefining all Jew-hatred as right-wing extremism a legitimate means to that end. But it ought to matter to Jews of every political stripe.

Thus both sides of the American Jewish community need to call out Germany on its whitewash. They should also avoid replicating its despicable practice of redefining anti-Semitism to suit its own political purposes since doing so will only allow the strains of anti-Semitism they deny to metastasize. And in the end, as history has proven time and again, neither right-wing nor left-wing anti-Semites offer immunity to any Jew, even when they’re on the same political side.

Originally published in Commentary on September 12, 2017

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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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