Analysis from Israel

Though the fighting in Gaza shows no sign of ending, much of the world is already focusing on the next step–pouring billions of international aid dollars, for the umpteenth time, into repairing the damages caused by Hamas’s aggression. Germany, France, and Britain are working on a UN Security Council resolution dictating the terms of a cease-fire and reconstruction, while UN special envoy Robert Serry briefed the council on Gaza’s reconstruction needs earlier this week. All the international players agree that some form of international monitoring is needed to keep Hamas from diverting reconstruction aid into rebuilding its war machine. But that raises the question of who can provide this monitoring.

Serry, who apparently inhabits a parallel universe, blithely asserted that the UN has successfully monitored projects in Gaza in the past and can do so today as well. This, of course, is the same UN that was shocked to discover Hamas rockets stored in three UNRWA schools in Gaza–and then promptly handed the rockets back to Hamas. It’s the same UN that allowed Hamas to booby-trap a UN clinic, resulting in its destruction when Hamas blew it up to kill nearby Israeli soldiers. It’s the same UN whose Gaza teacher’s union–i.e., the people who educate students at UNRWA schools–is run by Hamas, which controls all 11 seats on the union’s board, and whose “educators” include prominent members of Hamas’s military wing. And it’s the same UN whose own auditor recently released a damning report on the UN Development Program’s procurement in Gaza.

Inter alia, this report found that contract employees performed “core” procurement tasks that only regular staffers are supposed to perform, including for “significant” construction projects; that the UN wasn’t “monitoring and recording actual work” performed by contract employees handling “core” functions; that at least $8 million in construction spending was falsely recorded at far lower prices, thereby shielding it from scrutiny by higher-level officials who must approve major outlays; that many payments and receipts weren’t recorded; and that UNDP didn’t use an electronic fund transfer system that would let it monitor bank transactions and detect those “not made by UNDP.” In short, contrary to Serry’s assertion that “UN construction materials were not used for the [Hamas] tunnels,” the UN has no clue what was happening at its construction programs in Gaza.

Thus believing the UN could effectively monitor Gaza’s reconstruction is like believing cats can guard cream. Yet the main alternative–entrusting this task to the Palestinian Authority, bolstered by some unspecified “international monitoring and verification mission,” as the EU-3 proposes–is equally unrealistic.

Writing in The New Republic this week, Alexander Joffe and Asaf Romirowsky made a thoughtful case for the PA alternative, despite acknowledging that the PA is “monumentally corrupt.” And in principle, I agree with them. The fact that education, health, welfare, and development are currently largely handled by UNRWA encourages dysfunctional Palestinian government; Palestinian leaders can get away with being corrupt, irresponsible, and even diverting massive resources into rockets and tunnels precisely because the international community takes care of providing basic services to the public. Thus it’s long past time to defund UNRWA and force Palestinian governments–whether the PA or Hamas–to take responsibility for their own people.

But as veteran reporter Khaled Abu Toameh wrote this week, the idea that PA President Mahmoud Abbas can reassume control of Gaza now is ridiculous. First, he can’t afford to be seen as returning to Gaza “aboard an Israeli tank.” Second, Hamas remains the dominant military power in Gaza; Abbas’s forces are incapable of doing anything Hamas opposes, and even trying would be dangerous: Over the past month, Hamas has shot dozens of members of Abbas’s Fatah party just for daring to leave their homes. In other words, the PA can neither stop Hamas from firing rockets nor prevent it from diverting reconstruction aid. So all its return to Gaza would do is free Hamas of responsibility for day-to-day governance and allow it to focus all its energies on preparing for the next war.

In short, no international monitoring system can keep Hamas from rebuilding its war machine as long as it remains the dominant force in Gaza. And since the international community is vehemently opposed to letting Israel wage the kind of military operation needed to destroy Hamas, that means the billions it will soon spend to rebuild Gaza will be as wasted as all the previous billions were: All the gleaming new buildings will be destroyed again in another few years, when the next war erupts.

Originally published in Commentary 

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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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