Analysis from Israel

Israel marked the 10th anniversary of its unilateral pullout from Gaza this week with a rare consensus: The disengagement was a disaster. Even opposition leader and Labor Party chairman Isaac Herzog admitted that “from a security perspective, the disengagement was a mistake. While he still considers it “essential” demographically, he isn’t sure he would have voted for it had he known then what he knows now. And this is the man who, back in 2005, declared that, thanks to the disengagement, “for the first time in decades there is genuine hope” for “lasting peace.”

Equally remarkable was a poll of Israeli Jews earlier this month asking whether they supported or opposed the pullout at the time. An overwhelming majority of respondents – 59 percent – asserted that they had opposed it, while only 34 percent admitted to having supported it. That, of course, is far from the truth; polls at the time consistently showed solid pluralities or majorities favoring the disengagement, while only about a third of Israelis opposed it. But this revisionist history accurately reflects Israelis’ current view of the withdrawal: Many of those who once backed it are now convinced they must actually have opposed it, because they simply can’t imagine they would have supported any idea as disastrous as this one proved to be. And even among those still willing to admit they once supported it, almost one-fifth now regret doing so.

It’s not just the obvious fact that the Palestinians turned Gaza into a giant launch pad from which some 16,500 rockets and mortars have been fired at Israel over the past decade, whereas exactly zero have been fired from the Israeli-controlled West Bank over the same period. It’s not just that quitting Gaza has resulted in more Israeli soldiers being killed, and also more Palestinians, than occupying Gaza ever did. It’s not just that after Israel withdrew every last settler and soldier from Gaza, the world has sought to deny it the right to defend itself against the ensuing rocket attacks by greeting every military operation with escalating condemnation, accusations of war crimes, and attempts to prosecute it in the International Criminal Court. It’s not just that the withdrawal ended up worsening global anti-Semitism, since every military operation in Gaza has served as an excuse for a massive upsurge in anti-Semitic attacks worldwide. It’s not just that Israel received zero diplomatic credit for the pullout, with most of the world not only still insisting that Gaza is “Israeli-occupied territory,” but excoriating Israel with escalating ferocity, and even threatening sanctions, for its reluctance to repeat this disastrous experiment in the West Bank, while assigning Palestinians zero responsibility for the impasse.

All these are certainly reasons enough to consider the pullout a disaster. But there’s one final negative outcome, as reflected in another poll released last week: Due to this Israeli reluctance, born of hard experience, a majority of overseas Jews now deems Israel insufficiently committed to peace. And that, in some ways, is the worst betrayal of all. Most Israelis don’t expect much from the Palestinians or the UN or Europe. But they do expect their fellow Jews to sympathize with their fear that withdrawing from the West Bank would simply replicate the Gaza disaster on a much larger scale.

After all, none of the negative consequences that ensued in Gaza can be blamed on the popular distinction between the “moderate” Fatah, led by Mahmoud Abbas, and the “hardline” Hamas. For Gaza wasn’t handed over to Hamas, but to Abbas. He’s the one who first enabled the escalation by refusing to use his forces to stop it; consequently, there were more than four times as many rocket attacks in 2006, the first year after the disengagement, as in either of the previous two years. And he’s the one who lost Gaza to Hamas in a bloody coup in mid-2007 when the latter decided it no longer needed a fig leaf.

Thus Israel has no reason whatsoever to think giving Abbas the West Bank wouldn’t produce the same result, except with even more disastrous consequences. Hitting major Israeli population centers from Gaza requires long-range rockets; from the West Bank, easily produced short-range rockets suffice. Nor should we forget suicide bombings, which, during the second intifada (2000-2005), caused more Israeli casualties in four years than all the terror attacks of the entire previous 53 years combined. Those attacks were launched almost exclusively from parts of the West Bank controlled by the Palestinian Authority, and they stopped only when the Israeli army retook control of these areas – meaning Israel’s previous experiment with ceding parts of the West Bank was even less encouraging than the Gaza experiment has been.

Most Israelis would still be willing to trade land for peace, but they’ve had enough of trading land for terror. And until overseas Jews can produce a convincing argument for why the next pullout would be any different than all the previous ones, it would be nice if they instead practiced the traditional Jewish value of giving fellow Jews the benefit of the doubt. To interpret caution born of grim experience as disinterest in peace isn’t merely unfair; it’s downright malicious.

Originally published in Commentary on July 29, 2015

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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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