Analysis from Israel

Mudar Zahran, a Palestinian-Jordanian now living in Britain, has collected and published some truly shocking testimony from Gaza residents about Hamas’s behavior during this summer’s war with Israel. All his interviewees insisted on remaining anonymous, and it’s easy to understand why: They accuse Hamas of deliberately creating hundreds of civilian casualties by forcing civilians to stay in places Israel had warned it was going to bomb.

Here, for instance, is the testimony of S., a medical worker:

The Israeli army sends warnings to people [Gazans] to evacuate buildings before an attack. The Israelis either call or send a text message. Sometimes they call several times to make sure everyone has been evacuated. Hamas’s strict policy, though, was not to allow us to evacuate. Many people got killed, locked inside their homes by Hamas militants. Hamas’s official Al-Quds TV regularly issued warnings to Gazans not to evacuate their homes. Hamas militants would block the exits to the places residents were asked to evacuate. In the Shijaiya area, people received warnings from the Israelis and tried to evacuate the area, but Hamas militants blocked the exits and ordered people to return to their homes. Some of the people had no choice but to run towards the Israelis and ask for protection for their families. Hamas shot some of those people as they were running; the rest were forced to return to their homes and get bombed. This is how the Shijaiya massacre happened. More than 100 people were killed.

And here’s K., a graduate student at an Egyptian university who was visiting his family in Gaza this summer: “When people stopped listening to Hamas orders not to evacuate and began leaving their homes anyway, Hamas imposed a curfew: anyone walking out in the street was shot without being asked any questions. That way Hamas made sure people had to stay in their homes even if they were about to get bombed.”

And H., who lost his leg in an Israeli bombing: “My father received a text-message from the Israeli army warning him that our area was going to be bombed, and Hamas prevented us from leaving. They said there was a curfew. A curfew, can you believe that?”

T., a former (and evidently disenchanted) Hamas government official, explained the policy’s rationale:

Some people say Hamas wants civilians killed in order to gain global sympathy, but I believe this is not the main reason. I think the reason is that if all the people were allowed to evacuate their homes, they all would have ended up in a certain area in Gaza. If that happened, it would have made the rest of Gaza empty of civilians, and the Israelis would have been able to hit Hamas without worrying about civilians in all those empty areas. Hamas wanted civilians all over the place to confuse the Israelis and make their operations more difficult.

Nor is this the only crime of which Zahran’s interviewees accused Hamas. For instance, three different people–two aid workers and an imam–said Hamas stole humanitarian aid and either kept it for its own people or sold it to ordinary Gazans for exorbitant prices.

Altogether, Zahran interviewed more than 20 Gazans, all of whom had shocking things to say. That doesn’t guarantee that their stories are true. Palestinians frequently fabricate atrocity tales about Israel (see, for instance, the Jenin massacre that wasn’t, or the perennial favorite about Israel trying to turn Palestinians into drug addicts), so there’s no reason to think anti-Hamas Palestinians aren’t equally capable of fabricating atrocity tales about Hamas.

Moreover, the interviewees were clearly terrified of Hamas, so it wouldn’t be easy to get them to talk to the international media (which generally relies on either Hamas-approved fixers or local stringers), UN workers (many of whom are openly affiliated with Hamas), or human-rights organizations (which, like the media, generally rely on local investigators). Still, given how many crocodile tears the media, the UN, and human-rights groups have shed over alleged Israeli “war crimes” in Gaza, one would think they could spare some time and effort to investigate alleged Hamas war crimes against its own people.

That they haven’t merely confirms, once again, two basic truths: First, these self-proclaimed moral arbiters care very little about human rights unless Israel can be blamed. And second, they’re fundamentally lazy: They’ll always prefer the easy route of collecting “testimony” against Israel, which Gaza residents can give without fear of consequences, to the hard work of digging for information about the abuses of a terrorist government that tortures and kills anyone who dares speak against it.

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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