Analysis from Israel

There has been a lot of talk lately about the humanitarian crisis in Gaza. What has gone curiously unmentioned by all the great humanitarians from the UN and “human rights” groups, however, is the degree to which this crisis was deliberately fomented by Hamas: Aside from starting the war to begin with, Hamas has done its level best to deprive Gazans of everything from food to medical care to housing, despite Israel’s best efforts to provide them.

Take, for instance, the widely reported shortages of medicines and various other essentials. Many of these products are imported, and since Egypt has largely closed its border, Gaza has only one conduit for these vital imports: the Kerem Shalom crossing into Israel. Thus if Gaza’s Hamas government had any concern whatsoever for its citizens, ensuring that this crossing was kept open and could function at maximum efficiency would be a top priority.

Instead, Hamas and other terrorist groups subjected Kerem Shalom to relentless rocket and mortar fire throughout the 29-day conflict, thereby ensuring that the job of getting cargo through was constantly interrupted as crossing workers raced for cover. Hamas also launched at least three tunnel attacks near Kerem Shalom, each of which shut the crossing down for hours.

Despite this, Israeli staffers risked their lives to keep the crossing open and managed to send through 1,491 truckloads of food, 220 truckloads of other humanitarian supplies, and 106 truckloads of medical supplies. But the numbers would certainly have been higher had the nonstop attacks not kept disrupting operations. On August 1, for instance, a shipment comprising 91 truckloads of aid had to be aborted on when Hamas violated a humanitarian cease-fire by launching a massive attack near Kerem Shalom.

Then there’s the shortage of medical care, as Gaza’s hospitals were reportedly overwhelmed by the influx of Palestinian casualties. To relieve this pressure, Israel allowed some Palestinians into Israel for treatment and also set up a field hospital on the Gaza border. But throughout the war, the field hospital stood almost empty–which Israel says is because Hamas deliberately kept Palestinians from using it.

Many pundits dismiss this claim, insisting there were simply no Palestinians who wanted to go there. That, however, is highly implausible. Gazans routinely seek treatment in Israel because it offers better medical care than Gaza does; as one Gazan said in 2012, “It is obvious that people come to Israel for medical treatment, regardless of the political conflict.” Even Hamas Prime Minister Ismail Haniyeh sends his family to Israel for treatment; over the past two years, Israel has treated both his granddaughter and his sister’s husband. So while some Palestinians undoubtedly objected to accepting help from the enemy, it’s hard to believe there weren’t also Palestinians who simply wanted the best possible care for their loved ones, and would gladly have accepted it from Israel had they not feared retaliation from a group with no qualms about shooting dissenters.

It’s also worth noting that “humanitarian” organizations in Gaza actively contributed to this particular problem. UNRWA and the Red Cross did refer a few patients to the Israeli field hospital. But you have to wonder why they opted to refer most patients to Gaza’s Shifa Hospital and then make videos about how difficult conditions there were instead of easing the burden on Shifa by referring more patients to the Israeli hospital.

Then, of course, there’s the dire electricity shortage–also courtesy in part of Hamas, which destroyed two power lines carrying electricity from Israel to Gaza and subsequently prevented their repair by shelling the area nonstop.

Finally, there’s the massive destruction of houses in Gaza, which has left thousands of families homeless. That, too, was largely courtesy of Hamas: It booby-trapped houses and other civilian buildings, like a UNRWA clinic, on a massive scale and also used such buildings to store rockets and explosives.

Sometimes, it blew up these buildings itself in an effort to kill Israeli soldiers. Other times, the buildings blew up when relatively light Israeli ammunition like mortar shells–which aren’t powerful enough to destroy a building on their own–caused the booby traps or stored rockets to detonate. As Prof. Gregory Rose aptly noted, Hamas effectively turned all of Gaza into one big suicide bomb. In one neighborhood, for instance, 19 out of 28 houses were either booby-trapped, storing rockets, or concealing a tunnel entrance, thereby ensuring their destruction.

Now, the organization is gleefully watching the world blame Israel for the humanitarian crisis Hamas itself created. And that gives it every incentive to repeat these tactics in the future.

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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