Analysis from Israel

In the three days since Israel passed a law mandating new reporting requirements for NGOs that are primarily funded by foreign governments, there’s one question I have yet to hear any of its critics answer. If, as they stridently claim, there’s absolutely nothing wrong with NGOs getting most of their funding from a foreign government, then why would simply being required to state this fact in all their publications exercise a “chilling effect” (the U.S. State Department) or “stigmatize” them (the New Israel Fund) or result in “constraining their activities” (the European Union)?

The obvious answer is that the critics know perfectly well it isn’t alright: An organization that gets most of its funding from a foreign government isn’t a “nongovernmental” organization at all, but an instrument of that government’s foreign policy. In fact, with regard to the EU, that’s explicit in its funding guidelines: For an Israeli organization that conducts activities in the territories to be eligible for EU funding, it must comply with EU foreign policy on the Israeli-Palestinian conflict. This, incidentally, also explains why 25 of the 27 organizations affected by the law are left-wing: The far-left is the only part of Israel’s political spectrum that shares Europe’s opinions on the conflict, and hence, that Europe is willing to fund.

Yet if an organization is an instrument of a foreign country’s foreign policy, it’s very hard to argue that it’s an objective “human rights organization,” as the organizations in question bill themselves. Rather, it’s an overtly political organization that seeks to pressure Israel into adopting the foreign government’s preferred policies. And making this known definitely could be “stigmatizing,” in the sense that Israelis might be less willing to trust an organization’s assertions once they realize it has a not-so-hidden policy agenda that could be influencing its reports.

That, however, is precisely why Israelis have a need and a right to know where these organizations’ funding is coming from–especially given this funding’s sheer scale. And it’s also why there’s nothing remotely undemocratic about the law, as explained in depth by legal scholar Eugene Kontorovich here.

Nevertheless, if this is really what the law’s critics fear, then they’re behind the times. In the years since the idea of legislating this law first arose, most of the organizations in question have made themselves so toxic that it’s hard to see how information about their foreign funding could make Israelis view them any more negatively. Thus the more likely impact of publicizing their funding sources won’t be to delegitimize the organizations, but to delegitimize their donors–which is precisely why Europe, which provides most of this funding, is so worried.

Currently, a nontrivial portion of Europe’s influence in Israel comes from the fact that Israelis still admire it and, therefore, want it to like their country, not merely to trade with it. The fact that Europe is Israel’s biggest trading partner obviously also matters greatly, but the emotional angle, which stems mainly from Europe’s role as part of the democratic West, shouldn’t be underrated.

Now consider how that admiration might be affected by the discovery of how much money Europe gives, say, Breaking the Silence. This organization, which compiles “testimony” by Israeli soldiers about alleged abuses, is unpopular in Israel for many reasons–because Israelis don’t think its reports accurately reflect their army’s actions (see here for one egregious example); because its “testimony” is strictly anonymous, making it impossible to investigate its allegations; and because it spends most of its time and effort marketing its reports abroad, convincing many Israelis that it’s more interested in tarnishing Israel’s image than in getting the army to improve its behavior. But last month, two incidents brought its reputation to a new low.

The first was Mahmoud Abbas’ infamous address to the European Parliament, in which he repeated a medieval blood libel by claiming rabbis were ordering their followers to poison Palestinian wells. This accusation originated in a report by a Turkish news agency that cited Breaking the Silence as its source, which sounded highly unlikely. Except then the Israeli website NRG published a video showing one of the organization’s founders claiming that settlers had engineered the evacuation of a Palestinian village by poisoning its well. And a respected left-wing journalist, Ben-Dror Yemini, published a column with further documentation of both the organization’s claim and its falsity. So it turned out BtS actually was spreading a medieval blood libel.

Then, the following week, a group of reservists went public with their experiences of how BtS collects its testimony – which turns out to entail both harassment and deception. After their discharge from the army, the organization called them repeatedly to urge them to talk about their experiences in the 2014 Gaza war; one man said he was called eight or nine times. But when they finally acquiesced, they discovered that the organization had cherry-picked from their accounts to present the army in the worst possible light.

To grasp just how toxic BtS has become, consider the fact that the president of Ben-Gurion University–who has scrupulously defended its right to speak at university seminars–nevertheless overturned a departmental decision to grant it a monetary prize last month. What Professor Rivka Carmi essentially said is that while she will defend its right to speak, she isn’t willing to have her university finance the organization. And when you’ve lost the universities, which are among the most left-wing organizations in Israel, you’ve really lost the whole country.

Originally published in Commentary on July 14, 2016

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ISIS Borrows a Tactic from Hamas

The U.S. Army recently announced that it has horrifying video footage of Islamic State fighters herding Iraqi civilians into buildings in Mosul. The plan was not to use them as human shields–that is, to announce their presence in the hope of deterring American airstrikes. Rather, ISIS was deliberately trying to ensure that American troops killed them, by “smuggling civilians into buildings, so we won’t see them and trying to bait the coalition to attack,” an army spokesman said at a briefing for Pentagon reporters. The motive, he explained, was hope that massive civilian casualties would produce such an outcry that the U.S. would halt airstrikes altogether.

There’s an important point to this story which the spokesman neglected to mention: This tactic is borrowed directly from Hamas. And it was borrowed because the world’s response to successive Hamas-Israel wars convinced ISIS that creating massive civilian casualties among residents of its own territory is an effective strategy. Admittedly, Hamas hasn’t yet been caught on video actually herding civilians into buildings before launching attacks from them. But there’s plenty of evidence that Hamas prevented civilians from leaving areas whence it was launching rockets or other attacks at Israel, thereby deliberately exposing them to retaliatory strikes.

During the 2014 Gaza war, for instance, the Israel Defense Forces warned civilians to evacuate the town of Beit Lahiya before launching air strikes at Hamas positions. But according to Palestinian human rights activist Bassem Eid, who based himself on interviews with Palestinians in Gaza, Hamas gunmen showed up and warned that anyone who left the town would be treated as a collaborator. Since Hamas executes collaborators, that was equivalent to saying that anyone who tried to leave would be killed on the spot. Thus, faced with the alternative of certain death at Hamas’s hands, most Beit Lahiya residents understandably opted to stay and take their chances with the IDF.

There’s also plenty of evidence that Hamas deliberately launched attacks from buildings where it knew civilians were present. Just last month, for instance, I wrote about a case during the 2009 Gaza war in which Hamas directed sniper fire at Israeli troops from the third floor of a well-known doctor’s home, thereby forcing the soldiers to choose between becoming sitting ducks or shooting back and risking civilian casualties. Unbeknownst to the soldiers, Hamas was also storing explosives in the house (using civilian buildings as arms caches or wiring them with explosives is standard practice for Hamas). Consequently, when the soldiers fired at the Hamas position, an unexpectedly large explosion ensued, killing three of the doctor’s daughters and one of his nieces.

In short, Hamas repeatedly used tactics aimed at maximizing the number of civilian casualties on its own side. Yet instead of blaming Hamas for this, the world largely blamed Israel. Mass demonstrations were held throughout the West condemning Israel; there were no mass demonstrations condemning Hamas. Journalists and “human rights” organizations issued endless reports blaming Israel for the civilian casualties while ignoring or downplaying Hamas’s role in them. Western leaders repeatedly demanded that Israel show “restraint” and accused it of using disproportionate force. Israel, not Hamas, became the subject of a complaint to the International Criminal Court.

Hamas thereby succeeded in putting Israel in a lose-lose situation. Either it could let Hamas launch thousands of rockets at Israeli civilians with impunity, or it could strike back at the price of global opprobrium.

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