Monday, April 26, 2010

A State for All Its Citizens by Nadim N. Rouhana (Foreign Policy - 4/22/10)

In the conflict studies courses I teach, I expose my students to theories that claim state-sanctioned inequality is a source of perpetual conflict. I know this to be true not only from my academic research, but from personal experience: I also run a small research institution in the northern Israeli city of Haifa that focuses on the status of the Palestinian citizens in Israel and their relationship with the state. This population, with the silent complicity of the United States, has long been the target of official state policies of discrimination.

In spite of America's professed commitment to equality, the U.S. government makes an exception when it comes to Israel's insistence on being recognized as a Jewish state, which in theory and practice means privileging Jewish citizens over all other citizens. U.S. President Barack Obama declared his support at the United Nations last September for "two states living side by side in peace and security -- a Jewish state of Israel, with true security for all Israelis, and a viable, independent Palestinian state." Similarly, Vice President Joe Biden told an audience at Tel Aviv University in March that negotiations should lead to "a Jewish state with secure and recognized borders." It appears that affirmation of Israel's identity as a "Jewish state" is becoming a routine part of U.S. discourse on the Israeli-Palestinian peace process.

But it would be politically and morally wrong for the United States to support recognition of Israel as a Jewish state. Israel's Palestinian minority makes up between 16 to 20 percent of the population, depending on whether the Palestinians in East Jerusalem are counted -- a larger percentage than the African-American population in the United States. The total percentage of non-Jews in Israel -- Muslims, Christians, and others -- reaches approximately 25 percent. To recognize Israel as a Jewish state excludes this sizable minority from full and equal participation in Israel's political and civic life. This is a recipe for enduring social strife and conflict.

There are few honest observers in Israel who dispute that a Jewish state, by definition, privileges one group of citizens over another. This inequality is expressed in various ways, including in Israel's Basic Laws and its laws of land control, immigration, and resource distribution. The modern Israeli state belongs only to its Jewish citizens -- and even to non-citizen Jews in the diaspora -- but not to its Palestinian citizens. As a result, a sizable minority of Israel's citizens have no state to call their own. Israel's Basic Laws stipulate that "a candidates list shall not participate in elections to the Knesset ... if the goals or actions of the list ... expressly or by implication" negates Israel as a Jewish state. Thus a party that explicitly requires Israel to become a state for all its citizens and not a Jewish state runs the risk of disqualification.

Is this really what Obama wants? Has he contemplated the built-in inequality that accompanies a "Jewish state"?

The U.S. government's ironclad commitment to Israel's security is the result of international politics, on which there can be differing views. However, supporting Israel's continued privileging of one group of citizens over another on the basis of national identity or religious affiliation is neither morally defensible nor harmonious with America's founding principles. The concept of a "Jewish state" is not equivalent to the still-objectionable term "Christian state" used by some groups in the United States. Rather, it is akin, in the eyes of Israel's non-Jewish citizens, to the concept of a "white state" -- a notion that is completely unthinkable in the West.

The United States has previously overlooked Israel's settlement policy for reasons related to its national interests and domestic political considerations. Now Israel is confronting the grave consequences of these policies: Difficult political choices over West Bank settlements have precipitated increasingly sharp divisions within Israeli society. Similarly, the diplomatic support the United States lends to Israel's ambition to be recognized as a "Jewish state" does not serve either country's long-term interests. Israel's welfare is best ensured by a system that guarantees real equality for all its citizens and national groups, rather than state-sanctioned ethnic discrimination.

Wednesday, April 21, 2010

We cannot have a rational approach to the peace process till we decouple the fate of Israel from the Jewish future by Dr. Yakov Rabkin

ISRAEL: CHALLENGES TO LEGITIMACY AND PROSPECTS FOR PEACE

Israel has been singularly successful in ensuring her military, economic and political dominance in the region. In recent years, there have been fewer terrorist attacks on Israelis, Palestinians are badly divided, Israel enjoys solid support from major countries, and her scientists are among the Nobel Prize laureates. Israel is about to be admitted to the OECD, the select club of wealthy nations, and her cooperation with NATO augurs well for Israel’s eventual integration into this military alliance. Yet, in spite of these remarkable achievements Israel remains insecure: she fears delegitimation.

A few months ago, a veteran Israeli journalist observed that Israel’s legitimacy “has been worn away, and the idea of a Jewish state is now open to attack. The Jewish people’s right to sovereignty and self-defence is now controversial. Paradoxically, as Israel gets stronger, its legitimacy is melting away. A national movement that began as “legitimacy without an entity” is becoming “an entity without legitimacy” before our very eyes.” Earlier this year, Israel’s Reut Institute, a nationalist think tank, issued a similar warning: “Israel is facing a dramatic assault on the very legitimacy of its existence as a Jewish and democratic state. The groups promoting this delegitimacy aim to isolate Israel and ultimately turn it into a pariah state.”

INTERNATIONAL CHALLENGES

What are the main elements of this seemingly paradoxical delegitimation? Reut lists five: legal, economic, academic, cultural, and military. Firstly, legal challenges have been brought against Israelis on foreign trips, including military officers and ministers. They may be subject to prosecution as war criminals in countries like Belgium, Spain and Britain. Zionist fund-raising agencies, such as the Jewish National Fund, which owns most lands in Israel and leases it exclusively to Jews, are threatened with removal of its tax-exempt status in several countries. Law suits have been filed, including one in Quebec, against companies accused of “aiding, abetting, assisting and conspiring with Israel, the Occupying Power in the West Bank”, in colonization of the territories conquered in 1967. Secondly, on the economic arena, Israel has faced boycott of its exports, particularly those produced in Zionists settlements in the territories. These actions are yet to have a significant economic effect, but they are spreading. Trade unions such as CUSATO (the Congress of South African Trade Unions) and the Canadian Union of Postal Workers are at the forefront of these actions.

This can be seen as an example of the shift - from left to right - in international support for Israel in the course of her short history. The first country to grant Israel de-jure recognition in 1948 was the USSR, which promptly supplied the new state, via Czechoslovakia, with badly needed arms. Socialist parties around the world, impressed by her collective agricultural settlements (kibbutz) and socio-economic equality, used to offer Israel solid political support. Conversely, Israel’s supporters today tend to come from wealthier and more conservative circles while trade unions and students organizations are at the forefront of the delegitimation campaign. It is also among conservative Christians that one finds Christian Zionists, who are four to five times more numerous than the entire Jewish population of the planet. Unlike the profoundly divided Jews, Christian Zionists offer Israel religiously unanimous and unconditional support. Zionist churches have become a major source in providing political, moral and financial succour to Israel, and in particular to Zionist settlers in the West Bank.

Thirdly, academic boycott of Israel has been on the table for several years, and it is supported by a number of British and American Jews as well as Israeli academics. Israeli universities are portrayed as major contributors to Israel’s military power used against the Palestinians.

Fourthly, cultural events, such as the recent Toronto film festival, which the Israeli government has tried to use in its effort to “re-brand” Israel as a modern sophisticated country, have been disrupted by withdrawal of prominent participants protesting Israel’s action in the territories occupied in June 1967. Here again, prominent Jews such as the Canadian author Naomi Klein led the campaign.

Finally, Israel’s preeminent position as the world’s largest exporter of arms and security equipment (in proportion to its population and GNP) has attracted its share of hostile attention. There is a consistent effort to expose deals with Israel, which tends to lead to their cancellation or at least deters their renewal.

Comparisons of Zionism with apartheid and of Israel with racist South Africa constitute, perhaps, the most potent strategy in the delegitimation campaign. One may recall the decision to consider Zionism a form of racism that was passed by the UN General Assembly in 1985 and revoked several years later. Students on dozens of campuses around the world organize the Israel Apartheid Week, activities which feature prominent speakers and otherwise distribute information damaging Israel’s reputation.

It is noteworthy that Jews play a growing role in this and other activities that present Israel in unfavourable light. Their participation has at least two consequences: it undermines Israel’s claim to speak and act on behalf of world Jewry and it casts doubts on accusations made by Israel and her advocates around the world that all opposition to Zionism is antisemitic. We shall later return to the issue of Israel as “the state of the Jewish people”.

Comparisons with apartheid gain particular credibility when made by personalities such as South Africa’s Nobel peace prize laureate bishop Desmond Tutu:

"I have been to the Occupied Palestinian Territory, and I have witnessed the racially segregated roads and housing that reminded me so much of the conditions we experienced in South Africa under the racist system of Apartheid. … This humiliation is familiar to me and the many black South Africans who were corralled and regularly insulted by the security forces of the Apartheid government."

Israeli supporters prefer to ban, rather than argue about, comparisons of Israel with apartheid South Africa. To do so, they conflate opposition to Zionism with antisemitism, and try to discredit those who make such comparisons as inveterate antisemites.

Advocates of Israel accurately argue that she is not the worst violator of human rights. But they are less convincing when they explain the focus on that one country is a sure sign of antisemitism or Jewish self-hate. Rather, many Jews respond to the traditional urge to assume moral responsibility. They aim at preventing what Jewish tradition calls “profanation of the Divine name”, in other words, criminal and deplorable acts to be committed by Jews. “My anguish and anger in the Middle East focuses on Israel precisely because I am a Jew. It is the same Jew in me that is more outraged by a Bernie Madoff [a financier who stole over $60 billion from his clients] than I would have been had this criminal been named Kelly or Rodriquez.”

Without assuming any moral superiority, Jews were disproportionately active in the struggle against apartheid and Vietnam War, and nowadays they speak and act against injustice in Israel/Palestine well beyond their relative numbers. According to Richard Falk, a Princeton don and currently UN Rapporteur for Palestine, “a Jew must honour conscience and truthfulness above tribal identities should these conflict”.

Quite a few Jews, in Israel and elsewhere, feel torn between these two allegiances and must eventually come to terms with the contradictions between the Jewish moral tradition they profess to uphold and the Zionist ideology that has in fact taken hold of them. According to Marc Ellis, American Jewish theologian, ““Jews are being split less in terms of their experience of Israel and America than in relation to conscience and what Jews are willing to do and what they will refuse in terms of Jewish history and memory. Instead of splitting apart around issues of geography and culture, a civil war of conscience has begun.”

This specific moral compunction felt by Jews, precisely because Israel claims to act in their name, is compounded among many Christians with a pronounced interest in the Holy Land whose image they find tarnished by violence, particularly when perpetrated by tanks and gunships bearing the Star of David that used to be associated with Judaism and its commandments. In neither case antisemitism seems to be the motive force behind opposition to Zionism.

Just how seriously Israeli elites take the attempts to portray their country as the last bulwark of European colonialism can be seen in a speech of Benjamin Netanyahu at AIPAC, a major constituent of the Israel lobby in the United States, earlier this year:

"But Israel should be judged by the same standards applied to all nations, and allegations against Israel must be grounded in fact. One allegation that is not is the attempt to describe the Jews as foreign colonialists in their own homeland, one of the great lies of modern times.

In my office, I have a signet ring that was loaned to me by Israel's Department of Antiquities. The ring was found next to the Western wall, but it dates back some 2,800 years ago, two hundred years after King David turned Jerusalem into our capital city. The ring is a seal of a Jewish official, and inscribed on it in Hebrew is his name: Netanyahu. Netanyahu Ben-Yoash. That's my last name. My first name, Benjamin, dates back 1,000 years earlier to Benjamin, the son of Jacob, One of Benjamin's brothers was named Shimon, which also happens to be the first name of my good friend, Shimon Peres, the President of Israel. Nearly 4,000 years ago, Benjamin, Shimon and their ten brothers roamed the hills of Judea.

Ladies and Gentlemen, The connection between the Jewish people and the Land of Israel cannot be denied. The connection between the Jewish people and Jerusalem cannot be denied. The Jewish people were building Jerusalem 3,000 years ago and the Jewish people are building Jerusalem today. Jerusalem is not a settlement. It is our capital."

In essence, the Prime minister affirms the historical, linguistic and religious continuity of the state of Israel, an heir to the Kingdom of David and other protagonists of the Bible. He appears alarmed by recent scholarship, produced by Jews and Israelis, that challenges his view in all the three aspects of continuity.

JEWISH CHALLENGES

In terms of ethnic connection, Zionists postulate that Jews from countries as different as Poland, Yemen or Morocco belong to the same people. Many, including Israel’s Prime minister, believe them to be descendents of the Biblical Hebrews. In his recent book Professor Shlomo Sand of Tel-Aviv University challenges these beliefs, arguing that the Jewish people, as an ethnic concept, has no historic legitimacy and was simply “invented” for the needs of Zionism in the late 19th century. Any nationalism needs a nation to begin with. Interestingly, even Sand’s scholarly critics agree that the claim to ethnic continuity of the Jews through millennia is simply not serious.

Moreover, Sand shows affinity between Zionist and antisemitic ideas. Zionism affirms the ethnic definition of the Jew modelled on Eastern European prototypes. Thus Zionists accept the antisemites’ view of the Jews as a distinct and therefore alien people or race. This is why most Jews rejected Zionism from the very beginning. They saw that Zionists played into the hands of their worst enemies, the antisemites: the latter wanted to be rid of Jews while the former wanted to gather them to Israel. The founder of Zionism Theodore Herzl considered antisemites “friends and allies” of his movement. This makes it hard to argue that Israel was meant to be a bulwark against antisemitism, and, sadly, only in Israel a Jew is likely to be killed simply because of being Jewish. No wonder that, in spite of consistent efforts by Zionist organizations, most Jews have chosen to live outside Israel, including those Jews, who change their country of residence. This weakens the claim to be “the state of the Jewish people” that is the ideological foundation of the current state of Israel. / In fact, Israel’s treatment of Palestinians threatens not only Israelis but also Jews the world over. Israel’s Roth Institute found that Israel’s attack on Gaza was practically the only factor driving the dramatic spike in anti-Semitic incidents that occurred in the world in 2009. These findings conflict with Israel’s claim to be the ultimate protector of Jews all over the world, a crucial argument in favour of Zionism.

From the language perspective, Gil’ad Zuckermann, an Israeli linguist teaching in Australia, tries to shake another pillar of Zionism – the rebirth of the Hebrew language. He finds that the language created by Zionists is not Semitic but Indo-European. This should not be surprising since the pioneers of the new vernacular were mostly Eastern European immigrants, whose native tongues were Russian, Polish and Yiddish. It is these pioneers (whom Shlomo Sand considers “the Yiddish people”) that created “the Israeli language” as Zuckerman prefers to call it. He argues that the use of Hebrew roots and words is overshadowed by massive structural and syntactic influence of the European languages and by a consistent effort at secularization of the religious idiom. The modern Hebrew language appears as “invented” as the transnational “Jewish people” investigated by Shlomo Sand, and this casts doubt on the linguistic continuity of Zionism invoked by the Israeli Premier.

Finally, there remains the claim to spiritual legitimacy of Zionism as an heir to Judaism and Jewish tradition. Religious concepts such as the Holy Land, the Promised Land and the Chosen People have become the essential part of the Zionist vocabulary. However, the founders of the Zionist state were profoundly secular, and so is the majority of Israeli Jews. According to a sarcastic remark of the Israeli scholar Amnon Raz-Krakotzkin, “ our claim to this land could be put in a nutshell: God does not exist, and he gave us this land. ”

In fact, Zionism has provoked most durable opposition precisely from the traditional Jewish circles, whose commitment to Judaism is beyond doubt. This Jewish opposition reflects the fact that Zionism has been a break with the past, one of the last revolutionary movements seeking to transform man and society.

Thus on three fundamental accounts - religious, ethnic and linguistic - the historical legitimacy of Zionism is seriously contested. The Israeli historian Boaz Evron reminds us that:

The State of Israel, and all the states of the world, appear and disappear. The State of Israel, clearly, will disappear in one hundred, three-hundred, five-hundred years. But I suppose that the Jewish people will exist as long as the Jewish religion exists, perhaps for thousands more years. The existence of this state is of no importance for that of the Jewish people…. Jews throughout the world can live quite well without it.

Decoupling the fate of the state of Israel from the future of the Jews opens possibilities for a more rational political approach to the conflict in Israel/Palestine.

PROSPECTS FOR PEACE

These two challenges to the Zionist character of Israel – international and Jewish - must be seen in the context of current efforts to bring peace to the embattled Western Asia. President Obama tends to rely on legal principles in his search for a negotiated settlement. When Israeli politicians accuse Obama’s two close advisors of being self-hating Jews, they weaken the emotional view of Israel as the “the state of the Jewish people”. 55 percent of American Jews approve of the way the Obama administration is handling U.S.-Israel relations, (compared to less than 10 percent of Israeli Jews), this emphasizes the serious split that Israel and Zionism have fomented among Jews. This split makes it possible to treat and discuss Israel as any other state, on its merits, rather than with emotional references to Jewish history.

The founding fathers of Zionism dreamt of building “a normal country”. They built Israel into a mighty regional power armed with nuclear and other sophisticated weapons. The current Prime minister also argues that Israel “should be judged by the same standards applied to all nations.” Indeed, Israel should be judged according to accepted international standards as a major military power, rather than as a collective victim of past persecutions of Jews in Europe. / Israel was founded as a revolutionary break with the past, and there is no historical, religious or moral reason to accept her claim to exceptionalism. Recent statements by U.S. military and diplomatic experts show that this normalization has begun. General David Petraeus in testimony before Congress argued that the continuing conflict in Israel/Palestine harms U.S. security interests. No less importantly, the percentage of Americans who consider Israel is an U.S. ally has fallen from 70% in August 2009 to 58% in March 2010.

An eventual return to normalcy and rationality in analyses of Israel/Palestine may help in the search for peace. Afrikaner nationalists also used to consider themselves “the chosen people” and related to their colonization of South Africa’s interior as a religious obligation. They too feared the prospect of “being thrown into the sea” should their dominant position vanish. Yet, a peaceful transition took place, and one of its architects sees in it a hope for the Holy Land. Bishop Tutu remarks that: It is not with rancour that we criticize the Israeli government, but with hope, a hope that a better future can be made for both Israelis and Palestinians, a future in which both the violence of the occupier and the resulting violent resistance of the occupied come to an end, and where one people need not rule over another, engendering suffering, humiliation, and retaliation. True peace must be anchored in justice and an unwavering commitment to universal rights for all humans, regardless of ethnicity, religion, gender, national origin or any other identity attribute. “

Significantly, the main Jewish newspaper in South Africa recently published an editorial, which concluded with a question: “Will the Israeli-Palestinian bloodletting go on, tragically, until there is “no choice” but a settlement as happened in South Africa? Given the strength of both sides, that will be long time coming. In the meantime, how many lives will be lost and how much destruction caused?”

Leo Tolstoy begins Anna Karenina with these words: “Happy families are all alike; every unhappy family is unhappy in its own way”. His observation applies to states no less than to families. No two states’ predicament and history are the same. Yet some parallels are not only unavoidable but can also be instructive and even hopeful. Comparisons of Zionist practices with apartheid in South Africa are not only attempts to delegitimize Zionism, but may also be seen as road signs towards a more inclusive and therefore less violent political framework. In other words, the ongoing delegitimation of Zionist Israel may stimulate a non-violent emergence of a pluralist and democratic Israel, living in peace with her citizens and neighbours. The impasse of the U.S. sponsored road map towards the two-state solution makes such evolution more probable.

Richard Falk seems to recognize peace-enhancing aspects of the attempts to delegitimize the Zionist character of Israel. To face this challenge to its legitimacy, writes Falk, “it would seem to require an Israeli willingness to abandon the core Zionist project to establish a Jewish state, and that does not appear likely from the vantage point of the present. But always the goals of a legitimacy war appear to be beyond reach until mysteriously attained by the abrupt and totally unexpected surrender by the losing side. Until it collapses the losing side pretends to be unmovable and invincible, a claim that is usually reinforced by police and military dominance. This is what happened in the Soviet Union and South Africa, earlier to French colonial rule in Indochina and Algeria, and to the United States in Vietnam.”

During his exile, less than a decade before the end of the USSR, the Soviet dissident and father of the H-bomb Andrei Sakharov remarked: “I do not have any hope for democratic change in the near future. But the mole of history digs invisibly, and we know that historical changes occur suddenly”.

Wednesday, April 14, 2010

IDF order will enable mass deportation from West Bank by Amira Hass (Haaretz - 4/11/10)

Given the security authorities' actions over the past decade, the first Palestinians likely to be targeted under the new rules will be those whose ID cards bear home addresses in the Gaza Strip - people born in Gaza and their West Bank-born children - or those born in the West Bank or abroad who for various reasons lost their residency status. Also likely to be targeted are foreign-born spouses of Palestinians.

Until now, Israeli civil courts have occasionally prevented the expulsion of these three groups from the West Bank. The new order, however, puts them under the sole jurisdiction of Israeli military courts.

The new order defines anyone who enters the West Bank illegally as an infiltrator, as well as "a person who is present in the area and does not lawfully hold a permit." The order takes the original 1969 definition of infiltrator to the extreme, as the term originally applied only to those illegally staying in Israel after having passed through countries then classified as enemy states - Jordan, Egypt, Lebanon and Syria.

The order's language is both general and ambiguous, stipulating that the term infiltrator will also be applied to Palestinian residents of Jerusalem, citizens of countries with which Israel has friendly ties (such as the United States) and Israeli citizens, whether Arab or Jewish. All this depends on the judgment of Israel Defense Forces commanders in the field.

The Hamoked Center for the Defense of the Individual was the first Israeli human rights to issue warnings against the order, signed six months ago by then-commander of IDF forces in Judea and Samaria Area Gadi Shamni.

Two weeks ago, Hamoked director Dalia Kerstein sent GOC Central Command Avi Mizrahi a request to delay the order, given "the dramatic change it causes in relation to the human rights of a tremendous number of people."

According to the provisions, "a person is presumed to be an infiltrator if he is present in the area without a document or permit which attest to his lawful presence in the area without reasonable justification." Such documentation, it says, must be "issued by the commander of IDF forces in the Judea and Samaria area or someone acting on his behalf."

The instructions, however, are unclear over whether the permits referred to are those currently in force, or also refer to new permits that military commanders might issue in the future. The provision are also unclear about the status of bearers of West Bank residency cards, and disregards the existence of the Palestinian Authority and the agreements Israel signed with it and the PLO.

The order stipulates that if a commander discovers that an infiltrator has recently entered a given area, he "may order his deportation before 72 hours elapse from the time he is served the written deportation order, provided the infiltrator is deported to the country or area from whence he infiltrated."

The order also allows for criminal proceedings against suspected infiltrators that could produce sentences of up to seven years. Individuals able to prove that they entered the West Bank legally but without permission to remain there will also be tried, on charges carrying a maximum sentence of three years. (According to current Israeli law, illegal residents typically receive one-year sentences.)

The new provision also allow the IDF commander in the area to require that the infiltrator pay for the cost of his own detention, custody and expulsion, up to a total of NIS 7,500.

The fear that Palestinians with Gaza addresses will be the first to be targeted by this order is based on measures that Israel has taken in recent years to curtail their right to live, work, study or even visit the West Bank. These measures violated the Oslo Accords.

According to a decision by the West Bank commander that was not backed by military legislation, since 2007, Palestinians with Gaza addresses must request a permit to stay in the West Bank. Since 2000, they have been defined as illegal sojourners if they have Gaza addresses, as if they were citizens of a foreign state. Many of them have been deported to Gaza, including those born in the West Bank.

Currently, Palestinians need special permits to enter areas near the separation fence, even if their homes are there, and Palestinians have long been barred from the Jordan Valley without special authorization. Until 2009, East Jerusalemites needed permission to enter Area A, territory under full PA control.

Another group expected to be particularly harmed by the new rules are Palestinians who moved to the West Bank under family reunification provisions, which Israel stopped granting for several years.

In 2007, amid a number of Hamoked petitions and as a goodwill gesture to Palestinian President Mahmoud Abbas, tens of thousands of people received Palestinian residency cards. The PA distributed the cards, but Israel had exclusive control over who could receive them. Thousands of Palestinians, however, remained classified as "illegal sojourners," including many who are not citizens of any other country.

The new order is the latest step by the Israeli government in recent years to require permits that limit the freedom of movement and residency previously conferred by Palestinian ID cards. The new regulations are particularly sweeping, allowing for criminal measures and the mass expulsion of people from their homes.

The IDF Spokesman's Office said in response, "The amendments to the order on preventing infiltration, signed by GOC Central Command, were issued as part of a series of manifests, orders and appointments in Judea and Samaria, in Hebrew and Arabic as required, and will be posted in the offices of the Civil Administration and military courts' defense attorneys in Judea and Samaria. The IDF is ready to implement the order, which is not intended to apply to Israelis, but to illegal sojourners in Judea and Samaria."