‘TACIT CONSENT’ IN ISRAELI-RUSSIAN RELATIONS

Moscow is not interfering with Israeli attacks on Hezbollah in Syria.

One of the most interesting stories, if not the most puzzling, is the close understanding and amity between Jerusalem and Moscow.  While the Russian Air Force pounds the civilian population in Aleppo on behalf of the Syrian dictator Bashar Assad and his Iranian allies, Russia is coordinating the moves of its Air Force in Syria with Israel’s Air Force.  Moscow is not interfering with Israeli attacks on Hezbollah convoys carrying lethal arms shipped to Syria by Iran, as the Shiite terrorist group is attempting to move these arms to Lebanon.  Walla, a Hebrew language Israeli news outlet wrote on December 1, 2016 that “Russia’s silence following reports that the Israeli Air Force bombed an arms depot and a Hezbollah bound weapons convoy in Syria on Wednesday might signal ‘tacit consent’ to such action as long as they do not harm Kremlin’s interests.”  Israel, on its part, is staying out of the civil war in Syria, but provides medical assistance to wounded opposition fighters combatting the Assad regime.

The Obama administration failure to act on its announced “Red Line,” (on Assad’s use of chemical warfare on fellow Syrians) and subsequently leaving the Syrian arena in Russian hands, has damaged U.S. credibility in the region.  It has also encouraged Russia to take aggressive action against opposition forces supported by the U.S., and Syrian civilians.

Gen. Igor Konashenkov, spokesman for the Russian defense ministry said according to Russian RT-TV(11/29/2016) that, “Over the past few days, well planned and careful action by the Syrian troops resulted in a radical breakthrough.  Half of the territory previously held by the militants in eastern Aleppo has been de facto liberated.”  Konashenkov’s cynical statement referring to the Assad regime’s brutal actions in attacking (along with Russian aerial support) civilians in homes, hospitals and schools with barrel-bombs to be “well planned and careful action,” sharply contrasts with Israeli hospitals opening their doors to perform truly humanitarian work by treating wounded Syrian civilians and fighters.

Konashenkov also stressed that “over 80,000 Syrians, including tens of thousands of children, have been freed.  Many of them, at long last were able to get water, food and medical assistance at humanitarian centers deployed by Russia.  Those Syrians served as human shields in Aleppo for terrorists of all flavors.” That statement is turning the truth upside down.  After relentless bombing by Russian and Syrian jets that have killed thousands (mostly Sunni civilians), these Syrians do not consider Russia’s role as “humanitarian.”

Putin’s Russia has saved Bashar Assad’s skin, and has done so for purely Russian interests, including air and naval bases in the Latakia Governorate of northwestern Syria, bordering the coveted Mediterranean Sea.  Putin’s Russia has planned to sell, and according to Russian and Iranian sources, already delivered to Iran the highly sophisticated S-300 air defense system.  Israel’s Prime Minister Benjamin Netanyahu, in his many meetings with Russia’s President, Vladimir Putin, implored the latter not to sell such weapons to the Islamic Republic of Iran.  Thomas Shannon, U.S. Under-Secretary of State for Political Affairs, said that, “We have made it very clear to the Russians that we consider this (the sale of the S-300) to be a bad move, that we consider it to be destabilizing and not in keeping with what we’ve been trying to accomplish, not only through the JCPOA (Joint Comprehensive Plan of Action, commonly known as the Iran nuclear deal) , but broadly in terms of our engagement with Iran.”

Putin’s Russia alliance with the Syrian dictator Bashar Assad and the repressive Islamic Republic of Iran notwithstanding, to watch the warm reception Benjamin Netanyahu received in the Kremlin by his host Vladimir Putin is most certainly eyebrow raising, if not an amazing phenomenon.  Considering decades of Soviet support for Israel’s enemies, and oppression of its Jews, Putin’s Russia has a rather warm spot for the remaining Jews in Russia, and satisfaction with the Russian cultural enclave in Israel.  In fact, outside the former Soviet Union, Israel has probably the largest Russian speaking population.  Putin felt at home when he visited Israel, first in April, 2005, as he met for discussions with Prime Minister Ariel Sharon.  In June, 2012, Putin was in Israel again on an official visit.  This time, he unveiled the national monument honoring the memory of Jewish soldiers in the Red Army who fought the Nazis in WWII.  He also met with PM Netanyahu and President Shimon Peres.  Reuter’s story by Josh Cohen on January 14, 2016 was headlined, “Vladimir Putin is the closest thing to a friendIsrael has ever had in Moscow.”  And yet, Putin’s Russia has continued to vote with the Palestinians at the UN, has helped Iran with its nuclear program, and sold missiles to both Iran and Syria.

Stalin, the Soviet Union murderous tyrant was one of the first to recognize the Jewish state in 1948, and sold arms through Czechoslovakia to the nascent Jewish nation.  At the same time, Stalin ordered the murder of Jewish anti-fascist leaders in Russia, and made anti-Semitism a state policy.  Following the Six-Day war in 1967, the Soviet Union severed diplomatic relations with Israel, and during the War of Attrition (1969-1970), Soviet pilots flew missions for the Egyptians.  Israeli pilots engaged and downed a number of Soviet pilots (Israel never publicized it in order not to inflame the Russians).  During the Yom Kippur War of 1973, the Soviets were heavily involved with the Arab war machine against Israel, providing Egypt and Syria with huge quantities of arms, including lethal missiles.

The last leader of the Soviet Union, Mikhail Gorbachev, renewed diplomatic ties with Israel in 1991. Putin’s personal admiration for Israel elevated its profile in Russian foreign policy.  The Arab market for Russian arms is a lucrative one, and it is therefore pragmatism that motivates Putin along with personal sympathy for Israel and Jews.  Israel’s experience with Islamist terrorism made it sympathetic to Russia in its 1999 war in Chechnya, which dealt with combatting Islamist terror.  The Jerusalem Post quoted Putin telling Netanyahu that Israel and Russia are “unconditional allies” in the war against terror. In fact, Putin was one of the few world leaders to support Israel’s Operation Protective Edge against Hamas in 2014.  Putin is quoted as saying, “I support Israel’sbattle that is intended to keep its citizens protected.”

In 2008, Israel made significant gestures towards Putin’s Russia.  It transferred to Russia parts of the Russian Orthodox compound (Sergei courtyard) in Jerusalem.  In the same year, Israel halted military supplies to Georgia (at war with Russia at the time) for a Russian promise not to sell the S-300 air-defense system to Iran.  Israel has also been neutral in the conflict between Russia and the Ukraine. It did not condone Russian aggression there, but seeks to avoid alienating Moscow.  For the same reason, Israel abstained on a UN vote that condemned Russia for its annexation of Crimea.

The Obama administration’s open dislike for Netanyahu’s government, has forced Israel to look elsewhere for support.   Avigdor Lieberman, (a native of Moldavia, part of the former Soviet Union) Israel’s former Foreign Minister and current Defense Minister greatly enhanced Russian-Israeli relations.  The incoming Trump administration, seeking to reset relations with Russia, might find Israel to be a trusted go-between in dealing with Putin. This might aid the incoming U.S. administration, while at the same time further strengthen Israeli-Russian relations.

Originally Published on FrontpageMag.

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BREAKING NEWS: Twin Blasts Rock Istanbul, Killing at Least 15

Istanbul was rocked Saturday night by twin explosions after a soccer match.  The Explosions killed at least 15 and wounded many others.

Video below shows the moment of the exlosions.

“It was like hell. The flames went all the way up to the sky. I was drinking tea at the cafe next to the mosque,” Omer Yilmiz, who was working at the Dolmabahce mosque near the stadium, told Reuters. “People ducked under the tables, women began crying. Soccer fans drinking tea at the cafe sought shelter, it was horrible.” 

Although it is too early to say who the terrorists are, Erdogan will use the attack to claim more centralized power while blaming shadowy Kurdish groups.  In this case the PKK could be behind it as the blasts seemed to intentionally target security forces after fans had left the soccer stadium two hours earlier.

As Erdogan goes after more and more power, Kurdish groups are under pressure to counteract as he has made clear his intention to clamp down on Turkey’s 10 million strong Kurdish populace. Erdogan is paranoid that the Kurds who are a majority in certain areas of Turkey have historical rights to much of today’s south-eastern areas of the country.

With the KRG (Kurdish Regional Government) in northern Iraq gaining state like qualities, Erdogan is hard pressed to stay strong against Kurdish groups in Turkey.

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BREAKING NEWS: Israeli Jets Bomb Locations Near Damascus

Local reports near the Mezze Airforce Base right outside of Damascus claim aerial bombardment of the base at 4am. Although the official Syrian regime response to the attack is that “the base suffered a malfunction causing an internal fire,” eyewitnesses reporting to non-Assad control media detailed the 4am missile attack as coming from the air.

Mezze Air Base Location | Source: Google Maps

All Syria an opposition website reports the following:

Media sources confirmed the pro-regime outbreak of large fires in the Mezze military airport west of the capital, Damascus, on Wednesday at dawn, shortly after explosions likely to have resulted from Israeli raids on the airport.

Mezze military airport is one of the most important military airports in Syria, and separating few kilometers from the presidential palace.

And variations novels pro system for reasons, he said some of the explosions were caused by an internal malfunction in the airport, while others said it was caused by Israeli shelling, and did not issue any official statement until the time of preparation of this article.

The airport is in addition to being an air base, the main concentration of regime forces on the outskirts of the capital, points, and there are inside thousands of items from the forces of order, also it contains a prison, followed by Air Force Intelligence, best known for his ill-treatment and killing of hundreds of detainees, according to the testimonies of survivors of it.

Below is a video taken from the attack, clearly showing the attack coming from the air and not a result of a base malfunction.

“And Yaakov Left…” A Year Since Rav Yaakov Litman and His Son Were Mudered

This past year since Rav Yaakov Litman and his son Natanel were brutally murdered, there has not been a week since our son who was in his first grade class last year brings him up.  Our two oldest sons both learned with him.  They like the rest of the students in their school spent the last year grieving and learning to grow past the pain of losing such a beloved teacher to a murderous terror attack.

It’s strange to find myfelf back at the same Torah portion as last year and see the exact same relevance as before.  I wrote last year the following in connection with the murder of Rav Yaakov and Natanel and the Torah portion:

So how do you tell your son that he will never see his Rebbe again? How do you tell your 1st grader that arab murderers gunned his Rabbi and son down for no other reason than because they are Jewish?  

Our son heard the news from us last night and processed it. In many ways kids are more resilient than we are.  “Who is going to be there tomorrow?” he asked my wife. Our older son seemed to wonder the same thing. Rav Yaakov taught him two classes a week as well. The three of us decided to learn together.  That was what Rav Yaakov would want us to do. We picked this week’s Torah portion to learn.

“And Yaakov left Beer Sheva…,”  it began. Yaakov left. Rashi tells us that when a tzaddik leaves a place the people feel his absence

A year has passed and in that year I have begun to understand in a different way what our sages meant when a tzaddik (righteous person) is alive even in their death. They live through their students. To understand the impact this one man and his son had on a school and community is impossible without looking at the students in the school. Everyone who met Rav Yaakov was touched and lifted up.

This is how the great Tzaddiks like Rebbe Nachman, the Baal Shem Tov, Arizal, and others live in both worlds.   Each student carries his life force with him.  I only met him briefly, but Rav Yaakov’s smile on meeting me still stays with me. Seeing both of our sons who had the merit to learn with him still talk about Rav Yaakov shows me that he is up there with the greatest.  His lifeforce is more than just a simple statement, he has given his strength and eternity over to his students and he lives on within them in a very real way.

To this end the entire school put together a video marking a year since he and his son were murdered. Watch and even without the translation you can easily see what impact Rav Yaakov is still having on his students and community.

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ISRAEL’S CONSTITUTIONAL IDENTITY CRISIS

Israel’s coalition crisis over the settlements regulation bill is not a normal power struggle between overweening politicians. It is not a popularity contest between Finance Minister Moshe Kahlon and his Kulanu Party and Education Minister Naftali Bennett and his Bayit Yehudi Party.

It is also not about contenders for the helm challenging Prime Minister Benjamin Netanyahu’s political primacy.

The settlement regulation bill proposes to extend the authority of the Military Government in Judea and Samaria to seize privately owned land. That authority is now limited to seizure for military purposes. The bill would allow the Military Government to seize land for the purpose of private construction as well.

The political fight over the bill is not merely a fight over the community of Amona, which will be destroyed by order of the High Court if the law isn’t passed before December 25.

The fight over the law is a fight about the character of Israel.

Opponents of the bill argue that the law undermines the power of the Supreme Court and endangers Israel’s international standing. Proponents of the bill argue that Israel needs to ensure the primacy of the Knesset. They further argue that there is no point in bowing to the will of an international community that is constitutionally incapable of ever standing with Israel.

In case you were wondering, proponents of the bill have it right.

The settlement regulation bill is not a radical bill. It is a liberal reform of a legal regime that harms the civil rights of both Palestinians and Israelis.

Palestinians today are denied their full property rights. Shortly after its establishment in 2004, the Palestinian Authority made selling land to Jews and Christians a capital offense. Dozens of Palestinians have been murdered over the past two decades in extrajudicial executions by both Palestinian security forces and by terrorist militias working hand in glove with Palestinian security forces for the “crime” of selling their land to Jews.

Earlier this year, the Israeli group Ad Kan documented employees of the European-financed far-left groups Ta’ayush and B’Tselem conspiring to hand over to Palestinian forces a Palestinian landowner who expressed interest in selling his land to Jews. During surreptitiously recorded exchanges, they acknowledged that the PA would likely execute him.

The settlement regulation bill empowers the military commander to seize privately owned land and compensate the owners. In other words, it provides a means for willing Palestinian sellers to sell their property to willing Jewish purchasers without risking the lives of the owners.

As I noted in a column on the subject of the bill last week, the legal opinion published by Attorney- General Avichai Mandelblit opposing the settlement regulation bill included four arguments.

Prof. Avi Bell from the Bar-Ilan University School of Law rebutted all of Mandelblit’s claims in an article published two weeks ago in Yisrael Hayom.

As Bell showed, Mandelblit’s claim that the proposed law breaches international law is both irrelevant – since Knesset laws supersede international law, and at best arguable.

Mandelblit further argued that the Knesset has no right to pass laws that supersede international laws pertaining to the belligerent occupation of land seized in war. But Bell demonstrated that the opposite is true. For instance, Israel’s Golan Heights Law from 1981 canceled the military government on the Golan Heights and applied Israeli law to the area.

Mandelblit claimed that eminent domain cannot be used to seize land for private construction projects. But as Bell showed, there are dozens of decisions by US courts permitting eminent domain to be used in just such cases.

Finally, Mandelblit argued that the Knesset doesn’t have the authority to pass laws that contradict High Court decisions. Here too, Bell showed that the opposite is the case.

Israel’s constitutional order is based on its Basic Laws. Basic Law: Knesset defines the Knesset as the highest legislative authority. In line with this, the Knesset has passed numerous laws over the years that have overturned High Court decisions.

On the basis of Mandelblit’s last argument, on Monday, Kahlon announced that Kulanu would not support the settlement regulation law.

Kahlon insisted that his party would not support any law that undermines the court’s authority and since the court ruled that Amona must be destroyed and its residents rendered homeless by December 25, Kahlon will take no action to save the community.

Kahlon insists that he is motivated by a desire to protect the court’s prerogatives. But when assessed in the context of actual laws, it is clear that his position doesn’t primarily defend the court. Rather it undermines the Knesset, and through it, Israeli democracy.

If the Knesset doesn’t have the right to pass laws that run counter to Supreme Court decisions, then the public that elected the Knesset is effectively disenfranchised. Far from securing Israel’s democracy and constitutional order, opposition to the settlement regulation bill undermines both.

Then there is the issue of Israel’s international standing.

On Monday the security cabinet convened to discuss the settlement regulation bill. According to leaked accounts of the six-hour meeting, Prime Minister Benjamin Netanyahu warned Bennett that passage of the bill is liable to cause the International Criminal Court’s Prosecutor Fatou Bensouda to indict Netanyahu as a war criminal.

He also warned that passage of the bill is liable to induce US President Barack Obama to enable an anti-Israel resolution to be adopted by the UN Security Council.

Netanyahu’s claims are deeply problematic.

Insofar as the ICC is concerned, three points counter Netanyahu’s argument. First, Bensouda is already conducting an investigation of Israel.

She opened her investigation shortly after she wrongly admitted “Palestine” as a state member of the ICC.

The ICC will continue to investigate Israel whether or not the Knesset passes the settlement regulation law. And the merits of the bill will have no impact on the ICC’s decision to prosecute or close the investigation.

The second problem with Netanyahu’s claim is that just by making it – and leaking it to the media – he empowered the ICC.

The ICC is becoming weaker by the day. Angry over the political nature of its prosecutions, African states are abandoning it. Russia also has announced it is walking away.

Israel should welcome this development.

The Treaty of Rome which established the ICC made clear that one of the court’s purposes is to criminalize Israel.

By arguing that the ICC will respond to the passage of the regulation bill by indicting Israel, Netanyahu is lending credence to the false claims that there is something unlawful about the bill on the one hand, and that the ICC’s politically motivated investigation of Israel is legally defensible on the other hand. Indeed, by claiming wrongly that passing the bill will expose Israel to ICC investigation, Netanyahu is effectively inviting the ICC to persecute him.

The ICC, like its comrades in the lawfare campaigns worldwide, always target those perceived as vulnerable to pressure. This is why leftists like former justice minister Tzipi Livni are targeted for war crimes complaints while current Justice Minister Ayelet Shaked is left alone.

The most extraordinary example of this sort of political targeting came on Monday. The same day Netanyahu was making the case for the ICC and Obama in the cabinet, word came that Palestinian immigrants in Chile have filed a war crimes claim against three High Court justices. Former Palestinians from Beit Jala, south of Jerusalem, filed war crimes charges against retired Supreme Court president Asher Grunis and sitting justices Uzi Vogelman and Neal Hendel, all being accused of committing war crimes for their decision last year regarding the route of the security barrier around Jerusalem.

There is no governing institution in Israel more sensitive to war crimes accusations than the Supreme Court. To avoid just such charges, justices routinely second-guess military commanders and the government and deny them the right to use their best professional judgment to defend the country.

In the decision for which they are accused of war crimes, the three justices gave qualified approval to the IDF to complete the security barrier around Jerusalem on land owned by the petitioners in Beit Jala. In their ruling, the justices actually sided with the petitioners’ claim that the proposed routes harmed their rights and insisted that the IDF prove that it had no means of defending the capital without building the barrier along the proposed routes.

And for their efforts, the justices are now being accused of war crimes.

The same flawed premise at the heart of Netanyahu’s claim that approving the bill will cause Israel to be prosecuted for war crimes stands at the heart of his claim that passing the law will increase the possibility that Obama will allow an anti-Israel resolution to pass in the UN Security Council.

The problem with this argument is that it ignores the basic fact that Obama’s desire to stick it to Israel at the UN Security Council has been a consistent feature of his presidency for eight years. Obama has wielded this threat against Israel without regard for its actual policies. He has threatened us when the government froze Jewish building rights. He has threatened us when the government respected Jewish building rights. If Obama decides to enable an anti-Israel resolution to pass through the UN Security Council during his remaining seven weeks in office, he will do so regardless of whether the Knesset passes or scuppers the settlement regulation bill.

The only thing likely to prevent Obama from harming Israel at the Security Council at this point is a clear message to the UN from the incoming Trump administration.

For instance, if President-elect Donald Trump announces directly or through an intermediary that Security Council action against Israel over the next seven weeks will induce the Trump administration to withhold US funding from the UN, UN officials will likely stuff draft resolutions to this effect into a drawer.

Netanyahu’s actions do more to harm his future relations with Trump than advance his current relations with Obama. If Netanyahu blocks passage of the settlement regulation bill, he is likely to enter the Trump era as the head of a government on the verge of collapse. Rather than be in a position to reshape and rebuild Israel’s alliance with the US after eight years of Obama’s hostility, Netanyahu may limp to his first meeting with the new president, the head of dysfunctional government beyond his control, and at the mercy of a legal fraternity and an international judicial lynch mob that he will have just empowered.

Originally published by the Jerusalem Post

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