Analysis from Israel

One very important word was missing from Prime Minister Benjamin Netanyahu’s speech to Congress yesterday. Not that I blame him; inserting “Ukraine” into that particular speech would have been counterproductive. Yet without considering America’s Ukraine policy, it’s impossible to grasp quite how disastrous the emerging Iran deal really is.

To understand why, consider the curious threat issued by an unnamed White House official last week, in the run-up to Netanyahu’s speech: “The dispute with Netanyahu prevents all possibility for discussing security guarantees for Israel as part of the emerging Iran deal.” That particular threat was empty, because Israel has never wanted security guarantees from this or any other administration; its policy has always been that it must be able to defend itself by itself. But if Washington was considering security guarantees for Israel, it’s surely considering them for its Arab allies, since they, unlike Israel, always have relied on America’s protection. In fact, there have been recurrent rumors that it might offer Arab states a nuclear umbrella as part of the deal, so they wouldn’t feel the need to develop nuclear capabilities themselves–something they have long threatened to do if Iran’s nuclear program isn’t stopped.

And a year ago, such a promise might have worked. After all, America’s guarantees had proven trustworthy in the past; see, for instance, 1991, when U.S. troops liberated Kuwait from Iraq’s invasion.

But last year, Russia invaded Ukraine, exactly 20 years after the latter gave up its nuclear weapons in exchange for a signed commitment by Washington, Moscow, and London to respect its “independence,” “sovereignty,” and “existing borders” and “refrain from the threat or use of force” against its “territorial integrity or political independence.” After swiftly annexing Crimea, Russia proceeded to foment rebellion in eastern Ukraine; the rebels now control sizable chunks of territory, thanks mainly to arms, money, and even “off-duty” troops from Russia.

And what have Ukraine’s other guarantors, America and Britain, done to uphold the commitment they signed in 1994? Absolute zilch. They refuse to even give Ukraine the arms it’s been begging for so it can try to fight back on its own.

Given the Ukrainian example, any Arab leader would be a fool to stake his country’s security on U.S. guarantees against Iran, which, like Russia, is a highly aggressive power. Iran already boasts of controlling four Arab capitals–Damascus, Beirut, Baghdad, and, most recently, Sana’a–and shows no signs of wanting to stop. So if Arab leaders think the emerging Iranian deal is a bad one, no U.S. guarantee will suffice to dissuade them from acquiring their own nukes.

And unfortunately, that’s what they do think. As evidence, just consider the cascade of Saudi commentators publicly begging Obama to heed, of all people, the head of a country they don’t even recognize. Like Al Arabiya editor-in-chief Faisal Abbas, who published a column yesterday titled, “President Obama, listen to Netanyahu on Iran,” which began as follows: “It is extremely rare for any reasonable person to ever agree with anything Israeli Prime Minister Benjamin Netanyahu says or does. However, one must admit, Bibi did get it right, at least when it came to dealing with Iran.” Or columnist Ahmad al-Faraj, who wrote in the Saudi daily Al-Jazirah on Monday: “I am very glad of Netanyahu’s firm stance and [his decision] to speak against the nuclear agreement at the American Congress despite the Obama administration’s anger and fury. I believe that Netanyahu’s conduct will serve our interests, the people of the Gulf, much more than the foolish behavior of one of the worst American presidents.”

Clearly, letting Iran go nuclear would be terrible. But letting the entire Mideast–one of the world’s most unstable regions–go nuclear would be infinitely worse. And the only way any deal with Tehran can prevent that is if it’s acceptable to Iran’s Arab neighbors. Thanks to Ukraine, no U.S. security guarantee can compensate them for a deal they deem inadequate.

Originally published in Commentary on March 4, 2015

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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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