Analysis from Israel

As I noted yesterday, there’s no lack of evidence that even “moderate” Palestinians aren’t interested in ending their war on Israel. Yet most of the world will go through contortions worthy of the rubber man rather than admit it. A classic example is the interview a “senior American official” (widely reputed to be special envoy to the Israeli-Palestinian talks Martin Indyk) gave to Yedioth Ahronoth earlier this month.

The official spent about 3,000 words blaming the talks’ breakdown on Benjamin Netanyahu’s government, and specifically its authorization of settlement construction during the negotiations. Only then did he describe what actually happened during those crucial final months when Secretary of State John Kerry was trying to broker a framework agreement:

“In February, Abbas arrived at a Paris hotel for a meeting with Kerry … He rejected all of Kerry’s ideas. A month later, in March, he was invited to the White House. Obama presented the American-formulated principles verbally – not in writing. Abbas refused.”

Then, in the very next sentence, came this astonishing defense: “The claim on your side that Abbas was avoiding making decisions is not true. He wasn’t running away.”

So long before the announcement of 700 new housing units that Kerry later termed the “poof” moment when everything blew up, Abbas had rejected all Kerry’s ideas and all President Barack Obama’s ideas. Yet he wasn’t “avoiding making decisions” or “running away”; he was a committed and engaged peace partner. Then who is to blame for his serial rejections? Why, Netanyahu, of course: Those “announcements of new housing tenders in settlements limited Abbas’ ability to show flexibility.”

In other words, if Netanyahu is intransigent, it’s Netanyahu’s fault. And if Abbas is intransigent, it’s also Netanyahu’s fault. Under this administration’s definition of “honest brokerage,” only one side is ever to blame; the Palestinians have no agency of their own.

But it gets even worse–because it turns out Netanyahu wasn’t intransigent. As interviewer Nahum Barnea noted, even chief Israeli negotiator Tzipi Livni–whom the American official termed a “heroine” who “fought with all of her might to promote the agreement”–says Netanyahu “showed flexibility.” The American pooh-poohed this, insisting Netanyahu hadn’t moved “more than an inch.” Yet addressing the Washington Institute the following week, Indyk admitted that Netanyahu actually evinced dramatic flexibility and was in “the zone of a possible agreement” when he met Obama in early March.

So the bottom line is that Abbas rejected every proposal Kerry and Obama offered, while Netanyahu was in “the zone of a possible agreement.” Yet the administration nevertheless blames the breakdown on Netanyahu. In short, no matter what happens, the Palestinians will never be blamed.

The reasons for this are numerous. As Jonathan Tobin noted last week, it helps deflect blame from the administration’s own mistake of wasting so much time and diplomatic energy on a dead end. Additionally, as Michael Doran perceptively argued this week, keeping Netanyahu on the defensive over the Palestinian issue undermines his ability to pressure the administration over Iran’s nuclear program. Nor can anti-Israel animus be ruled out, given the American official’s shocking claim, when Barnea drew a comparison to China’s occupation of Tibet, that “Israel is not China. It was founded by a UN resolution”–the clear implication being that unlike other countries, Israel’s right to exist is revocable.

The most important reason, however, is simply that if the main barrier to peace is the settlements, then the problem is easily solvable and peace is achievable. But if the main barrier is Palestinian unwillingness to end their war on Israel, the problem is unsolvable and peace is unachievable. And to most of the world, blaming Israel unjustly is infinitely preferable to acknowledging that unpleasant truth.

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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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