Analysis from Israel

Being a pessimist means that having your predictions come true rarely brings much joy. That’s the situation I and many other Israelis and Palestinians are in right now–all those who warned that John Kerry’s insistence on restarting Israeli-Palestinian talks would likely spark a new round of Palestinian-Israeli violence, but were drowned out by those who insist that talking never does any harm. It’s already too late to spare Israelis and Palestinians the bloody consequences of Kerry’s hubris. But it’s important to understand why such initiatives so frequently result in bloodshed, so that future secretaries of state can avoid a recurrence.

First, as repeated efforts over the last 14 years have shown, Palestinians and Israelis aren’t ready to make a deal. Serious efforts were made at the Camp David talks in 2000, the Taba talks in 2001, the Livni-Qureia talks in 2007-08, the Olmert-Abbas talks in 2008, and, most recently, Kerry’s talks, but all failed because the gaps between the parties couldn’t be bridged. As Shmuel Rosner noted in a perceptive New York Times op-ed in May, that’s because many issues Westerners don’t much care about, and therefore imagine are easy to compromise on, are actually very important to the parties involved and thus impossible to compromise on. That isn’t likely to change anytime soon, and until it does, negotiations will never bring peace.

But failed peace talks inevitably make violence more likely, for two main reasons. First, they force both sides to focus on their most passionate disagreements–the so-called “core issues” that go to the heart of both Israeli and Palestinian identity–rather than on less emotional issues. On more mundane issues, Israel and the Palestinian Authority can sometimes agree–as they did on a series of economic cooperation projects last June, before Kerry’s peace talks gummed up the works. But even if they don’t, it’s hard for people on either side to get too upset when their governments squabble over, say, sewage treatment. In contrast, people on both sides do get upset when their governments argue over, say, the “right of return,” because that’s an issue where both sides view the other’s narrative as negating their own existence.

Second, failed peace talks always result in both sides feeling that they’ve lost or conceded something important without receiving a suitable quid pro quo. Palestinians, for instance, were outraged when Kerry reportedly backed Israel’s demand for recognition as a Jewish state, while Israelis were outraged by Kerry’s subsequent U-turn on the issue. Thus both sides ended up feeling as if their positions on this issue were undermined during the talks. The same goes for the Jordan Valley, where both Israelis and Palestinians felt Kerry’s proposals didn’t meet their respective needs, but now fear these proposals will serve as the starting point for additional concessions next time.

Added to this were the “gestures” Kerry demanded of both sides: that Israel free dozens of vicious killers and the PA temporarily refrain from joining international organizations. Though the price Kerry demanded of Israel was incomparably greater, neither side wanted to pay its assigned share. So when the talks collapsed, both felt they had made a sacrifice for nothing.

In short, failed peace talks exacerbate Israeli-Palestinian tensions rather than calming them. And when tensions rise, so does the likelihood of violence. That’s true in any situation, but doubly so for the Israeli-Palestinian conflict, because terrorist groups like Hamas are always happy to throw a match into a barrel of explosives. The unsurprising result is that spasms of violence, like the second intifada and the current war, have frequently followed failed peace talks.

So if Washington truly wants to avoid Israeli-Palestinian violence, the best thing it could do is stop trying to force both sides into talks that are doomed to fail. For contrary to the accepted wisdom, which holds that “political negotiations” are the best way to forestall violence, they’re actually the best way to make violence more likely.

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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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