Analysis from Israel

Hamas celebrated its 24th anniversary this week, and like any organization, it used the occasion to issue a press release detailing its achievements. So here, according to its own press release, are what Hamas considers its most notable achievements: It has killed 1,365 Israelis and wounded 6,411 since 1987. It has carried out 1,117 attacks on Israel, including 87 suicide bombings, and fired 11,093 rockets at Israel. And it has lost 1,848 of its own members to this noble cause.

Then, lest anyone fail to get the message, Hamas Prime Minister Ismail Haniyeh made it explicit at a mass rally to mark the anniversary. “Resistance is the way and it is the strategic choice to liberate Palestine from the (Jordan) river to the (Mediterranean) sea and to remove the invaders from the blessed land of Palestine,” Haniyeh said, making it clear there’s no room in his vision for a Jewish state in any borders. “Hamas … will lead the people towards uprising after uprising until all of Palestine is liberated.” And the crowd replied by chantingm “We will never recognize Israel.”

Hamas’ boasts are almost certainly exaggerated: It claims “credit” for more than 80 percent of all Israeli casualties since 1987, whereas Israeli data shows a much more equal distribution between Hamas and its rival, Fatah, aka Israel’s “peace partner.” But its eagerness to claim responsibility for more than its fair share of murders merely underscores the point that, far from being moderated by the responsibilities of governance, Hamas’ years in control of Gaza haven’t slaked its thirst for Israeli blood one whit.

There are several reasons why this ought to give pause to all those, from Defense Secretary Leon Panetta to the New York Times, who routinely blame Israel for the impasse in the peace process. First, as Elliott Abrams noted, there’s little point in negotiating a peace agreement with half the Palestinian polity while the other half remains committed to Israel’s eradication, as that makes it unlikely a Palestinian state could actually deliver the promised peace.

More importantly, it’s hard to see how peace is possible when a sizable portion of the Palestinian public shares Hamas’ genocidal goals. About one-third of Palestinians (excluding the undecided) say they plan to vote Hamas in the next election. Even taken at face value, that’s a minority far too large to ignore, and in reality, the figure is probably larger: Polls also predicted a Fatah victory before the last election, which Hamas won handily.

Then there’s the fact that Israel’s “peace partner” feels it has enough in common with this genocidal organization to decide to form a unit government with it. That ought to cast doubt on Fatah‘s commitment to peace even among those untroubled by other evidence.

Finally, there’s what it says about the broader land-for-peace paradigm. Abrams argued that how newly-elected Islamist parties in other Arab countries respond to Hamas’s genocidal goals will be a good test of their intentions. But in one case, we already know the answer: Hamas announced last week that it was formally joining the Muslim Brotherhood, which, shortly after winning Egypt’s elections, has already announced plans to reconsider Egypt’s own peace with Israel. In other words, the change in government in Egypt is making that peace treaty look decidedly shaky; would a treaty signed with Fatah to create a state where Hamas could someday win power be more stable?

One can understand why many Westerners prefer to avert their eyes from these facts; Hamas’ naked bloodlust isn’t pretty. But if you really want to understand why the “peace process” has failed, you won’t find a more concise explanation than Hamas’ own press release.

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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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