Analysis from Israel

Is the Obama administration trying to start a war between Israel and Syria? Because intentionally or not, it’s certainly doing its darnedest to provoke one.

This weekend, three anonymous American officials told CNN that Israel was behind an explosion in the Syrian port of Latakia on July 5. The explosion, they said, resulted from an airstrike targeting Russian-made Yakhont anti-ship missiles. If this report is true, this is the second time U.S. officials have blown Israel’s cover in Syria: They also told the media that a mysterious explosion in Syria this April was Israel’s work, even as Israel was scrupulously keeping mum–just as it did about the Latakia incident.

This isn’t a minor issue, as anyone who knows anything about the Middle East knows: In a region where preserving face is considered crucial, publicly humiliating Syrian President Bashar Assad is the surest way to make him feel he has no choice but to respond, even though war with Israel is the last thing he needs while embroiled in a civil war at home.

This truth was amply demonstrated in April, after three airstrikes attributed to Israel hit Syria within a few weeks. After the first two, Israel kept mum while Assad blamed the rebels; face was preserved, and everyone was happy. But then, the Obama administration told the media that Israel was behind the second strike–and when the third strike hit two days later, Assad could no longer ignore it: He vociferously threatened retaliation should Israel dare strike again.

The Latakia attack also initially adhered to Israel’s time-tested method for avoiding retaliation: Israel kept mum, Assad blamed the rebels, face was preserved, and everyone was happy. But the Obama administration apparently couldn’t stand it–and a week later, it once again leaked claims of Israeli responsibility to the media.

At best, this means the administration simply didn’t understand the potential consequences, demonstrating an appalling ignorance of Middle East realities. A worse possibility is that it deliberately placed its own political advantage above the safety of Israeli citizens: Facing increasing criticism for its inaction in Syria, but reluctant to significantly increase its own involvement and unable even to secure congressional approval for the limited steps it has approved, perhaps it hoped revealing that at least an American ally was doing something would ease the political heat–even at the cost of provoking a Syrian retaliation that claims Israeli lives.

The worst possibility of all, however, is that the administration knows exactly what it’s doing, and is deliberately trying to spark an Israeli-Syrian war as a way out of its own dilemma: It wants Assad gone, but doesn’t want to do the work itself. Starting an Israeli-Syrian war would force Israel to destroy Assad’s air force, thereby greatly increasing the chances of a rebel victory.

Whatever the truth, these leaks damage American as well as Israeli interests, because one of Washington’s consistent demands of its ally is that Israel not surprise it with military action. Hitherto, Israel has honored that request: Though it doesn’t seek America’s permission for action it deems essential, it does scrupulously provide advance notice. But if Obama administration officials can’t be trusted to keep their mouths shut, Israel will have to rethink this policy: It can’t risk getting embroiled in a war with Syria just to ease Obama’s political problems.

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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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