Analysis from Israel

Last week, I noted that Israel’s unilateral pullout from Gaza has cost the lives of more Israeli soldiers than remaining in Gaza would have. But no less significant is the fact that Israel’s pullout has cost the lives of far more Palestinians than remaining in Gaza would have.

Here, too, a comparison to the second intifada is instructive. According to B’Tselem’s statistics, 1,727 Palestinians were killed in Gaza between September 2000, when the intifada began, and the August 2005 pullout. Since then, the numbers have soared. Another 1,271 Palestinians were killed between the pullout and December 2008, when the first Israel-Hamas war in Gaza began; 1,391 were killed during that war, and 481 between then and the start of the current war. That’s 3,143 Palestinian fatalities in total, and Palestinians claim another 1,600 or so have been killed during this war. So even if you assume, which I do, that B’Tselem’s numbers are exaggerated (it tends to believe Palestinian reports far too uncritically), the trend is undeniable: Since the pullout, Israeli-Palestinian fighting has produced more than twice as many Palestinian fatalities as the peak years of the second intifada did.

Moreover, as in the case of Israeli fatalities, this increase represents a sharp contrast to the trend in the West Bank, which the Israel Defense Forces still control: There, Palestinian fatalities have fallen from 1,491 between September 2000 and August 2005 to 395 in the nine years since August 2005, meaning annual fatalities have fallen by more than 85 percent (they haven’t dropped to zero because neither has Palestinian terror; terror attacks still kill Israelis every year, but the level is dramatically lower than at the height of the intifada).

The question is why Palestinian fatalities in Gaza have risen so sharply. The anti-Israel crowd will doubtless cite this fact as “proof” that recent Israeli premiers are even more bloodthirsty than “the butcher of Beirut,” as they fondly dubbed Ariel Sharon, the prime minister during the second intifada. But anyone not convinced that Ehud Olmert and Benjamin Netanyahu are simply monsters who like eating Palestinian children for breakfast will have to consider the obvious alternative: Palestinian casualties have soared because the IDF’s departure from Gaza allowed terrorist organizations to entrench their rockets, tunnels, and explosives among the civilian population in a way that simply wasn’t possible before.

In the current war, Palestinians have stored rockets in schools and launched them from hospitals and from amid civilian houses. They have built cross-border tunnels to attack Israel that pass under civilian houses and emerge straight into a mosque. They have booby-trapped civilian houses and even health clinics. In short, by embedding their war material among the civilian population, Hamas and other terrorist organizations have made it impossible for the IDF to target them without also hitting civilians.

This Hamas strategy increases Palestinian casualties in another way as well: by magnifying the impact of any Israeli strike. Precision bombs can sometimes take out a building without touching the ones next to it. But precision strikes don’t work when the building they hit is booby-trapped or serves as a rocket warehouse; in that case, secondary explosions will create a much broader swathe of destruction. And Israel has no way of knowing when a target has been booby-trapped; Hamas doesn’t provide it with maps.

Problems like this didn’t arise when the IDF still controlled Gaza, because it could take preventive action to keep Hamas from entrenching war material in civilian areas to begin with. And that’s precisely why counterterrorism operations in the IDF-controlled West Bank have produced vastly lower Palestinian casualties.

Hamas certainly isn’t going to abandon its “dead baby strategy” voluntarily; conducting operations from amid a civilian population so as to maximize civilian casualties has proven wildly successful in turning the world against Israel. The conclusion is thus inescapable: Should the IDF ever leave the West Bank, the pullout won’t just result in more dead Israelis. It will certainly result in more dead Palestinians as well.

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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