Petition: European Union will be required to report on construction in area C

Regavim is appealing the EU’s immunity from prosecution. Based on the legal opinion of an expert on international law, Regavim is petitioning the Supreme Court to require accountability and reporting for building violations committed by the Union.

A petition filed this week by Regavim to the Supreme Court may put an end to the systematic evasion of the EU from being accountable for violations of building regulations that it has initiated in Area C of the of Judea and Samaria (West Bank). Regavim is requesting from the judges to require the European Union to participate, first as a respondent to the petition to the Supreme Court and to give an account of its construction activities.

regavim-banner

For some years the EU has been trying to take over extensive regions in area C through the establishment of buildings and infrastructures in illegal Bedouin outposts. One of the areas where the EU has made a large concerted effort to invest in is the area surrounding Maale Adumim.

Two weeks ago, Supreme Court justices, Uzi Fogelman, Daphne Barak-Erez and Meni Mazuz rejected the petition presented by Regavim against the Civil Administration in the Judea and Samaria (West Bank) on  ignored breaching of the law. The petition demanded that the Civil Administration implement peremptory demolition orders issued against the 15 illegal structures built by the Union within the limits of the jurisdiction of Mishor Adumim and Kfar Adumim.

The judges rejected the petition by Regavim based on the Civil Administration’s statement that the removal of illegal construction there is already a high priority item, and asked them not to get involved in managing schedules for implementing orders. However, in the decision Justice Fogelman hinted that he is not sure that there is basis for the Union’s immunity from such proceedings.

Regavim decided to take up the challenge laid down by Justice Fogelman, and worked on preparing a new petition concerning other illegal structures built by the Union in areas under the jurisdiction of Kfar Adumim. As for these buildings the Civil Administration announced a year ago that they are a top priority for demolition, however since then no enforcement action against them has been made.

Regavim contends that the long drawn out period of time is “the unreasonable renunciation of enforcing the law”, and seek to place the EU illegal construction activities at the center of the Supreme Court hearings.

The petition is based on the opinion of the expert on international law, Professor Aryeh Reich from Bar Ilan University, who doubts the claim of immunity of the EU. “The EU mission is indeed right that it enjoys immunity from lawsuits, both criminal and civil, and administrative,” says Reich, “but there is an exception in this regard in Article 31 of the Vienna Convention on diplomatic relations, in connection with activities relating to its private land that is located within the territory of the host country.”

Professor Reich explains that international law imposes the obligation of respecting the law on foreign diplomats who enjoy immunity.  “They are obligated to respect the laws and regulations of the country in which they serve, and not to interfere in its internal affairs.”

Another argument raised by the lawyers of Regavim states that immunity is granted to countries only, while the EU has no absolute status as a country. The inclusion of the Union in the petition is made possible in principle because if the petition is accepted by the court and consequently buildings are demolished, the EU will have to absorb EU economic damage.

 

Imbecility Squared – Part 1

(This article was originally published on Arutz Sheva)

“Commanders for Israel’s Security” are a group I would much rather respect than ridicule, but drivel is drivel, even when it comes from men with an illustrious past and an accumulated 6000 years of security experience.

One does not have to be a military expert to easily identify the critical defects of the armistice lines that existed until June 4, 1967 (Deputy PM Yigal Allon, former commander of Palmah strike-force, 1976).

…historians a thousand years hence will still be baffled by the mystery of our affairs. They will never understand how it was that a victorious nation, with everything in hand, suffered themselves to be brought low, and to cast away all that they had gained by measureless sacrifice and absolute victory…Now the victors are the vanquished… (Winston Churchill, in the House of Commons, 1938).

The Jews consider Judea and Samaria to be their historic dream. If the Jews leave those places, the Zionist idea will begin to collapse… Then we will move forward (Abbas Zaki, PLO ambassador to Lebanon, 2009).

It genuinely distresses me to have to write this article—but I feel I have little option.

Despite my personal bias

I confess that I have a strong personal bias in favor of men who have devoted years of their lives to the defense of their country and endangered themselves to protect others. The members of the Commanders for Israel’s Security (CIS) certainly fit that bill – comprising a group of over 200 former high-ranking officers in the IDF, intelligence services and police.

Today, however, we are faced with the bitter irony of a spectacle, in which scores of ex-senior security officials, who spent most of their adult life defending Israel, are now promoting a political initiative that will make it indefensible.

Recently, CIS, an allegedly non-politically partisan organization, which ran a virulently anti-Netanyahu campaign in the run-up to the March 2015 elections, published what purports to be a “plan” to break the ongoing deadlock over the “Palestinian issue”, appealingly but misleadingly,  entitled “Security First: Changing the Rules of the GameA Plan to Improve Israel’s Security and International Standing”  .

In broad brush strokes, the seminal elements on which the entire proposal is based are that Israel should:

(a)    Proclaim, unilaterally, that it forgoes any claim to sovereignty beyond the yet-to-be completed security barrier, which in large measure coincides with the pre-1967 “Green Line”, adjusted to include several major settlement blocks adjacent to those lines; but,

(b)    Leave the IDF deployed there—until some “acceptable alternative security arrangement” is found – presumably the emergence of a yet-to-be located pliant Palestinian-Arab who will pledge to recognize Israel as the Jewish nation-state; and

(c)    Embrace the Saudi Peace Plan–a.k.a. Arab Peace Initiative (API) subject to certain changes which the Arabs/Saudis recently resolutely refused to consider.

Noxious brew of the fanciful, the false & the failed

According to the CIS folk (p.7), implementation of this so-called “plan” will:

– Enhance personal and national security.

– Preserve conditions for a future permanent status agreement with the Palestinians.

– Increase prospects of Israel’s integration into regional security/political arrangements with pragmatic Arab states.

– Improve Israel’s international standing and ‘pull the rug’ from under BDS-like movements.

Sadly, little analytical acumen is needed to show that not only will the CIS plan fail to achieve the objectives it claims it will,  but in all probability, it will precipitate precisely the opposite results, exacerbating the dangers it was designed to ameliorate.

Admittedly this is harsh condemnation of the public positions of a large group of prominent figures. However, over the coming weeks, I will be at pains to substantiate my severe censure of their policy recommendations.

Indeed, as I read the CIS proposal my sense of despair and dismay deepened. It is a document so embarrassingly implausible, it seems inconceivable that men who boast of 6,000 years of accumulated security experience would allow – much less, wish –their names to be associated with it.

For what it presents is little more than a disturbing brew of the fanciful, the false and the failed—deeply flawed both in the political principle on which it bases itself and the practical details which it prescribes.

Attempting to eschew being labelled yet-another (and largely discredited) attempt to achieve peace, something which it concedes is “currently unfeasible” (p.10), the CIS plan is presented as focusing primarily on enhancing security—hence the title “Security First”.

Taking the name of “security” in vain?

Curiously, however, throughout its almost 70 pages (in the English version), the proposal deals only scantily with security, the professed forte of its authors, and then only in a very general manner, with virtually no stipulation of operational details. By contrast, it devotes much time to political assessments, municipal administration, water supplies, employment , even suggesting (see pp. 45-47) that Israel intervene in the internecine Palestinian feud between Fatah and Hamas.

These are, of course, issues of considerable importance in their own right, with pursuant impact on overall security, but hardly ones in which CIS, as an organization, can claim any special professional expertise, on the basis of their long experience in the military or the security services.

But it is precisely these accumulated years of service that CIS invoke for the authority they attribute to their policy prescriptions.

After all, however admirable it may be in its own right, the battle-tested experience of an intrepid armored corps commander hardly provides any professional edge in stipulating how Jerusalem should be administered, or determining why the Palestinians have not developed wastewater treatment plants, or in assessing the state of Palestinian agriculture—all of which comprise elements of significance in the CIS policy proposal.

Accordingly, one might well be excused for feeling a sense of uneasy suspicion that CIS just might be taking the name of security in vain—to further a political agenda, which they strenuously deny they have.

“Based on our cumulative 6,000 years of experience…”

Thus, on its well-endowed bilingual website, the fellows from CIS attempt to sweep aside any dissent from mere mortals, enlisting their formidable security credentials to launch into the promotion of a political initiative that has been rejected not only by successive Israeli governments—including some of the most Palestinian-compliant (PC) in the nation’s history–but also by a sound majority of the Israeli electorate.

Accordingly, they proclaim:

Based on our cumulative 6,000 years of experience in Israel’s various security agencies, we emphatically state that:

– Political agreements and security arrangements with the Arab World, including the Palestinians, are vital Israeli national security objectives.

– Local and regional realities make it mandatory and urgent to pursue these objectives. They also make them attainable.

– The IDF [as] by far the most potent military force in the region… can provide effective security and address all challenges within the present or any future borderline as agreed-to by our government and endorsed by our people…”

In terms of recommended policy elements, this translates (see p.8), among other thing, into Israel:

-Accepting, in principle, the Arab Peace Initiative (API), with requisite adjustments to accommodate Israel’s security and demographic needs as a basis for negotiation.

-Reiterating its commitment to resolving the conflict through negotiations towards a permanent status agreement based on the principle of ‘two states for two peoples’.

-Foregoing claims to sovereignty over West Bank territories east of the ‘security fence’, but continuing to exercise control over them in a custodial capacity until alternative security arrangement are put into place within the framework of a permanent status agreement with the Palestinians

– Freezing the construction of new settlements, the expansion of existing ones or the development of civilian infrastructures east of the ‘security fence’

The most glaring defect?

Clearly, then, this is not a non-partisan ,apolitical position but a clear endorsement of the longstanding predilections of the concessionary Israeli left, which have failed so dramatically over the last quarter-century, and now are allegedly “justified” anew by ongoing changes in the region, which, if anything, make them more implausible, irresponsible and inappropriate than ever.

As I noted previously, CIS’s plan is so deeply flawed, both in principle and in detail, that it would require far more than a single opinion column to expose and analyze them all. Accordingly in this week’s column, I will limit myself to a far-from-exhaustive discussion of what is, arguably, its most glaring defect, postponing debate on further flaws and faults for the coming weeks:

This is the a-priori (read “unilateral”) renouncing of any claims to sovereignty over the territory beyond the security barrier.

CIS wish to sidestep criticism of their plan, that could be ascribed it, given the dismal failure of the unilateral evacuation of Gaza (and South Lebanon), and the consequent emergence of a Jihadi-controlled enclave, with an arsenal bristling with weapons capable of reaching virtually the whole of Israel.

Accordingly, they claim (pp.28-9): “In contrast [to] the unilateral withdrawals Israel carried out in 2000 (from South Lebanon) and 2005 (from Gaza), the ‘Security First’ Plan calls for the

IDF to remain in the West Bank…until a permanent status agreement with the Palestinians ushers in alternative concrete, sustainable security arrangements.”
This of course raises the intriguing question of how CIS imagine events would have unfolded in, say, Gaza, had their plan been adopted, and the IDF remained deployed there, waiting with bated breath until some Palestinian emerged to “usher in alternative concrete, sustainable security arrangements.”

Unilateral withdrawal in principle

Indeed, despite all the semantic acrobatics, the unilateral capitulation inherent in the CIS proposal cannot be camouflaged by rhetoric. For whichever way you spin it, the CIS prescription comprises a unilateral acknowledgement, without any commensurate quid-pro-quo, of Arab sovereignty over the territory east of the ‘security barrier’.

In effect this constitutes a “unilateral withdrawal in principle”, entailing the abandonment of positions long held by successive Israeli governments’ for over a half-century and a clear admission that Israel has been unnecessarily and unjustifiably intransigent for decades. Even if this is not CIS’s intention, there can be little doubt that this is how it will be eagerly interpreted by a hostile international community—and an affirmation that the anti-Israel campaigns against Israel were, in fact, justified.

Indeed, for all their 6000 years of accumulated security experience, CIS seem to have lost sight of a recurring lesson of history: Giving in—or at least pledging to give in—to the demands of despots will only whet their appetite, not satiate it.

It requires little imagination to envision the pernicious political predicament such an injudicious move would create for Israel, were it to heed the CIS counsel of an open-ended deployment of the military in territory over which any claims to sovereignty are eschewed.

A giant South-Lebanon

In a stroke, Judea-Samaria would, by Israel’s own admission, be converted from “disputed territories” to “occupied territories”, and the IDF from a “defense force” to an “occupying force”.

This reality would replicate—only on a much larger scale and much closer to the urban center of the country—the realities that prevailed in pre-2000 South Lebanon when the IDF was deployed in the security zone, despite the fact that Israel made no claims to sovereignty over it.

The manner in which that episode ended—with the ignominious flight of the IDF—should provide a sobering reminder of what CIS measures are liable to lead to.

(As an aside, it might be edifying to note that both the situations in South Lebanon and Gaza, which CIS apparently wish to avoid, were the result of policy decisions made by men with “impeccable security credentials”… Ariel Sharon, and Ehud Barak.)

Of course, under the CIS plan, the time that IDF will be required to deploy in Judea-Samaria will be entirely determined by the Palestinian side, until they agree to “acceptable alternative … security arrangements”—something which is highly unlikely, since less pliant competing factions could plausibly point out that, if the Jews are confronted with sufficient resolve and violence, they will concede all for nothing.

Thus, the IDF will be ensnared in the “West-Bank mud” as it was in the “Lebanon -mud”, subject to increasing attack from a hostile alien population, and unsympathetic international opinion with increasing domestic pressure to “bring our boys home”.

And so the unilateral withdrawal in principle will inexorably become a unilateral withdrawal in practice—with no agreement with the Palestinian side and Israel exposed to all the dangers CIS hoped to avert.

Imbecility squared

As readers might sense – I have barely scratched the surface in my endeavor to expose the myriad of internal contradictions, non-sequiturs and grave errors in the CIS formula “to extricate Israel from the current dead end and to improve its security… and international standing”.

But from what I have written they may already understand why I chose to entitle this and coming columns – “Imbecility squared”.

Terrorism By Other Means

(Originally Published on Israel Hayom)

While it may not always seem that way, in the cognitive wars being fought against Israel, most notably the hysterically high-pitched calls for boycott, divestment and sanctions by the BDS movement, Israel’s opponents are losing.

Naturally, the BDS movement claims it is winning. Omar Barghouti, its founder, asserts that his crusade “is working far better and spreading into the mainstream much faster than we had anticipated.” Obviously, a movement whose primary weapons involve all the mendaciousness it can possibly muster from its members will not be truthful about its results any more than it will be honest about its true goals.

While the BDS movement claims that it is about “peace and justice” and “encouraging international economic and political pressure against Israel,” the movement’s real and indisputable aim is to destroy Israel and replace it with “Palestine.” The founder of the BDS has said so himself: In Barghouti’s own words, “a Jewish state in Palestine in any shape or form cannot but contravene the basic rights of the indigenous Palestinian population and perpetuate a system of racial discrimination that ought to be opposed categorically. … Most definitely we oppose a Jewish state in any part of Palestine. No Palestinian will ever accept a Jewish state in Palestine.”

The chairman of the U.S. Congress House Subcommittee on Terrorism, Nonproliferation and Trade, Ted Poe, has described the BDS movement as “a threat, which seeks [Israel’s] ultimate destruction.”

While this is clearly what BDS wants, it is failing impressively. Not only has the Israeli economy not been affected in the nearly 11 years since the BDS movement’s founding, foreign investment in Israeli assets has actually nearly tripled, the financial news network Bloomberg recently reported. In fact, according to Bloomberg, in 2015, foreign investments in Israel hit a record $285.12 billion.

What’s more, Israel’s economy is growing faster than those of the United States and European countries, with expectations of 2.8% growth this year compared to 1.8% growth in the U.S. and EU, according to Bloomberg. In addition, Israel’s unemployment reached a record low in April, when it fell to 4.9%.

In comparison, France, to name one country that is obsessed with Israel and meddles disproportionately in its affairs, has an unemployment rate over twice as high, at 10.2%, youth unemployment of almost 25% and a stagnating economy, which grew only 0.5% in the first quarter of 2016. One would assume that France has more pressing matters at home than the status of Judea and Samaria, but then again, obsessive-compulsive disorder is not an easy condition to cure.

While these hard and incontrovertible facts regarding Israel’s thriving economy are likely to leave BDS activists apoplectic — presuming, of course, that they ever acquaint themselves with actual facts — Israel should not draw the wrong conclusions. In other words, this is no time to lean back and relax.

On U.S. campuses, BDS campaigns are orchestrated by the Muslim Brotherhood, the parent organization of Hamas, through associations such as the Muslim Students’ Association and Students for Justice in Palestine. The rallying cry of BDS activists, “From the river to the sea, Palestine will be free” is the rallying cry of Hamas. It is no secret that the Muslim Students’ Association is a front for the Muslim Brotherhood. The Muslim Brotherhood itself states so in its operational plan, which was recovered by the FBI when it raided Hamas charity Holy Land Foundation in 2001. According to Jonathan Schanzer of the Foundation for Defense of Democracies, the sponsor of SJP is an organization with seven key employees that used to work for, among others, the Holy Land Foundation. SJP is among the most active BDS organizations on U.S. campuses.

Given the fact that Hamas is designated a terror organization in the U.S., it is rather unfortunate that so many campuses allow the unhindered activities of these likely Hamas-linked organizations to continue on campus without even blinking an eye. The more logical course would be to thoroughly investigate these activities and possibly prosecute related actions as terrorism, instead of viewing their activities through the prism of diversity, justice and other cheap slogans that are too transparent to cover the real issues for anyone but the willfully blind. BDS is the continuation of terrorism by other means. For that reason, it must be defeated.

Like Manna From Heaven – For Israel’s Detractors

“Israel has been infected by the seeds of fascism …There are no serious leaders left in the world who believe the Israeli government.” – Former PM, Ehud Barak, Channel 10, May 20.

“Today we have a country afflicted with ultra-nationalistic extremism, infected with the seeds of fascism and chauvinism.” Head of opposition, Isaac Herzog, Knesset, May 23.

“Israel has truly become today the last bastion of fascism, colonialism and racial discrimination in the world.” Nabil al-Arabi Secretary-General of the Arab League, Cairo May 28.

“I fought with all my might against the phenomena of extremism, violence and racism in Israeli society that are threatening our national resilience and are seeping into the Israel Defense Forces; in fact already harming it… But to my great regret, extremist and dangerous forces have taken over Israel and the Likud party.” – Former defense minister Moshe “Bogie” Yaalon, Resignation speech, May 20.

“Today Israel is suffering a process of ongoing radicalization and increasing extremism, which has brought criticism from senior Israelis against their government. They all say that Israel behaves in a fascist and racist manner. They say so. Like the deputy chief of staff of the IDF said ‘Our behavior is reminiscent of the behavior of the Nazis prior to WW II.’”Mahmoud Abbas, Head of the Palestinian Authority, Cairo, May 28.

May was a very good month for the myriad of eager Israel-bashers across the globe.

Beyond wildest Judeophobic dreams

With no effort on their part, the recent rash of stupid, ill-considered — and gravely misleading — public proclamations provided them with more to bash Israel with than they could have wished in their wildest Judeophobic dreams.

What more could they have hoped for? Some of the most senior figures in the Israeli establishment have now publicly corroborated precisely what they have been trying to convey in their toxic tirades against the Jewish state for years. Now they have it on the best of authority — straight from the horse’s mouth, so to speak:
The Jewish state is a fascist, racist entity — indeed, one of an evil kind in today’s world.

Who could argue with them now? Israel is descending inexorably in to the lowest depth of human depravity comparable to the darkest times humanity has known in modern history.

Indeed, they need not even make these horrific accusations themselves — and expose themselves to charges of antisemitism. All they need do is quote the vitriolic condemnation of Israel by its own political and military leadership. And if they embellish or distort them slightly — who would notice, or even care enough to wrangle over details. After all, when the principle has been made so indelibly clear, who has time for splitting fascist hairs?

Abominable analogy

The point of departure for this deplorable and distortive portrayal of Israel can be traced to the abominable analogy made by the IDF’s deputy chief of staff,  Maj-Gen. Yair Golan at a Holocaust commemoration ceremony on May 4. Golan suggested — or, at least, could plausibly have been interpreted by Israel’s fiercest detractors as suggesting — that Israel is undergoing  a process reminiscent of those that heralded the advent of fascism and the rise of Nazism in Europe in the 1930s. He proclaimed:  “If there’s something that frightens me about Holocaust remembrance it’s the identification of the horrific processes that occurred in Europe in general, and particularly in Germany, back then…and detecting signs of them here among us today in 2016.”

It matters not whether that such a parallel was his intention or not.  Once the anti-Israel cohorts could spin it that way, it took on a life of its own.

But Golan went on further, painting — or giving Israel-bashers the opportunity of painting — a grossly distorted picture of the emerging trends in Israeli society. He pontificated: “There is nothing easier than hating the “other”, nothing easier than fear-mongering and instilling panic. There is nothing easier than to adopt callous, thick-skinned bestiality and holier than thou self-righteousness.”

Irrelevant and unrepresentative rebuke

This apparent rebuke raises two issues.  Firstly, if Golan chose to articulate it, he clearly must believe that the objectionable features he mentions, comprise a significant trend in Israeli society. Otherwise why bring it up — especially in a Holocaust commemoration speech? But if they are not, it is a rebuke that is totally irrelevant.

Secondly, if Golan feels that these features do represent significant propensities he is hopelessly out of touch with the dominant characteristics of Israeli society — and his implied rebuke is wildly unrepresentative.

Perhaps he missed the wide coverage of Israeli humanitarian missions to disaster areas such a Haiti and Nepal among a host of other afflicted countries to which Israel extends aid. Hardly indicative of “callous thick-skinned bestiality.”

Other things might have slipped his mind, like the extensive medical treatment provided to casualties of the gruesome civil war in Syria.  Or the hospital services given to the family members of Israel’s sworn enemy, Hamas — including those of its leader in Gaza, Ismail Haniyeh. Indeed, Haniyeh’s  own mother-in-law, grand-daughter and daughter were all admitted to Israeli medical facilities in 2013-14, the latter “just weeks after a 50-day war [Protective Edge] between Israel and the Palestinian Islamist movement” (The Telegraph, October 20, 2014). OMG – just how much “hate for the ‘other’” can a country harbor!

“Providing weapons to Hamas propaganda…”

Perhaps one of the better gauges of  just how damaging Golan’s remarks — and those of others that followed them — were to Israel, is an interview with journalist, Ben-Dror Yemini, on Tel Aviv Radio (May 4). For the record, Yemini is a left-leaning publicist and self-confessed supporter of Herzog’s left of center Zionist Union in the last election.

At the outset of the interview, Yemini described Golan’s abhorrent allusion as an “appalling mistake” especially for anyone who has any idea of ongoing developments regarding Israel in the world.  He went on to remind listeners that Israel was fighting “on two fronts, and today the PR front is no less important than the military front”

He lamented: “To compare Israel to Nazi Germany reflects a kind of insanity that, regrettably, is beginning  to dominate us…If the deputy leader of the British Labor party…who we accuse of antisemiticsm …had have said that, he would have been thrown out of the party.”

With evident bitterness, Yemini claimed: We are providing weapons for the Hamas’s propaganda…I have been engaged in a world-wide effort to repudiate the false accusations against Israel, and suddenly someone like [Golan] comes along and ruins years of work.

Greatly agitated, Yemini continued: “Anyone who compares Israel to the Nazis is not someone who usually wants to criticize Israel. It is someone who does not want Israel at all!…Moreover it is all a lie! But when he [Golan] says it, it gives them a boost. The whole social network is abuzz. All the anti-Israel and antsemitic sites have made him a hero”.

“As damaging as a terror attack…”

With a touch of drama, Yemini informed the interviewer: “I was in Auschwitz, at a conference on the Nuremberg Trials, when I heard Golan’s remarks. I was there! Right there! I spoke with some of the participants, who were not right-wing people. The general perception was this [Golan’s speech] was equivalent to a terror attack. No less!…”

Still greatly troubled, Yemini penned an article five days later entitled “A PR terror attack” (Ynet, May 9). In it, he strongly refuted any slide toward large-scale fascism or racism in Israel, which despite the grave threats to its existence, still compares favorably, in terms of the liberalism and tolerance, to other European democracies. By way of comparison he cites Sweden, often a vehement critic of Israel, where “dozens of refugee centers were burnt” and “polls show up to 15% backing for a party representing neo-Nazi supporters.”

True, like any other society, Israel has its blemishes. There are instances of hooliganism, social intolerance and even ethnic bias.  But there are no politicized movements of any significance, and certainly none with any electoral prospects, that promote doctrines of racial superiority or promulgate the principles of fascism.

Accordingly to suggest that Israel is in anyway afflicted with the seeds of fascism is not criticism. It is indeed  as Yemini states, a blood libel.

Hollow ring to cries of dismay

Any allusion by any Israeli of prominence that any such phenomena exist, betrays not only a poor grasp of the socio-cultural realities in the country, but also raises grave questions as to his/her motivations and/or quality of judgement.

Of course the chorus for dismayed voices warning of the impending advent of fascism/racism/extremism was amplified in the wake of the Golan address by the replacement of Moshe Ya’alon as defense minister by Avigdor Lieberman.

Admittedly, I have serious reservations as to what to expect from Lieberman, and as to the rationale for appointing him to such a crucial post in the wake of what was a devastating electoral failure at the polls last year (with his faction diminished by over half and reduced even further by his most prominent MK — Orly Levy — quitting the party). However, that said, the distraught cries by many of his detractors as to the danger he poses to Israeli democracy, have a decidedly hollow ring to them.

Indeed, many of his current critics have, in fact,  served with him in governments in the past, without expressing undue alarm as to the grave threat he posed to Israeli democracy — even when his electoral success was far greater. Indeed, Lieberman has served, including as deputy prime minister, in every government since 2001, when Arik Sharon wrested power from Ehud Barak.

It is thus difficult to avoid the impression that the current deluge of opprobrium for him is motivated more by political and personal chagrin than any real genuine concern for the future of democratic governance in Israel.

Tolerating terror as anti-fascist litmus test

Take for example Ehud Barak, who served as deputy prime minister together with Lieberman both in Ehud Olmert’s government (2006-9) and in Netanyahu’s (2009-13), with nary a concern expressed for Israeli democracy.

In his Channel 10 diatribe (see opening except), Barak sought to illustrate his point  regarding the “seeds of fascism” taking hold in Israeli society by referring to legislation promoted by members of the current coalition. Among these allegedly “egregious” undemocratic initiatives was the law to lift the parliamentary immunity of Knesset members who support terrorism (Haaretz, May 20).

This of course leads one to wonder whether, according to Barak, the litmus test of democratic governance is giving elected legislators in the national parliament license to support terror organizations, dedicated to the destruction of the society that that parliament represents, secure in the knowledge that they will be  immune  from any punitive action.

Apparently in Barak’s eyes, for a country to avoid being afflicted by the “seeds of fascism”, it must give priority to the rights of legislators to support terror over the rights of intended victims of that terror to life.

This is, of course, an “interesting” perspective and one that might explain why in the past Barak proclaimed that, if he had been a Palestinian, he too would have engaged in terror.

Isaiah 49:17

The howls of dismay at the approaching demise of Israeli democracy are utterly unfounded and uncalled for.

When they come from highly-placed Israelis, who put short-term personal and political interest before the long term national one, they inflict incalculable, perhaps irrevocable harm on the country, inevitably compelling us to recall the words of Isaiah 49:17

“Thy destroyers and thy demolishers shall emerge from within thee. “

So it would seem.

Is Lieberman a Closet Dove?

With the ascendancy of Avigdor Lieberman to the post of Defense Minister, politicians from across the spectrum were ready for the Russian right wing populist to start assassinating Hamas leaders as soon as he could.  Nearly every political pundit was convinced Lieberman as Defense Minister would ensure the state’s transition into some sort of neo-fascism.

All of these premonitions amounted to nothing.  “When there is a dispute between the integrity of the nation and the integrity of the land, then integrity of the nation is more important,” Lieberman said upon his swearing in as Defense Minister.  This line is not inconsequential and reaffirms his acceptance of the two-state solution.

So why is the right gleeful about Lieberman’s appointment and Ya’alon’s resignation?

Despite Lieberman’s expression of support for the two-state solution, there are some big differences between Ya’alon and Lieberman.

  1. Style
  2. Support for soldiers no matter what
  3. Ending the warping of the IDF’s crippling purity of arms
  4. The Civil Administration will now be run by Eli ben Dahan in following with the coalition agreement

 

This last point is highly consequential.  It is ultimately the Civil Administration that decides on building, zoning, and a host of other important matters in Judea and Samaria. Rabbi Eli ben Dahan, member of the Jewish Home party, will now be able to provide favorable zoning to communities long held back in Judea and Samaria, while helping to create structures that allow for increased building through the area.

regavim-banner

“We are very happy with the appointment of Avigdor Lieberman,” says Meir Deutch of the Regavim organization. Regavim battles illegal Arab building throughout Israel.  In Judea and Samaria where the laws are antique and administered by the Defense Ministry, Lieberman’s appointment means the Arab flaunting of Israeli law can finally be addressed.

No Second Sharon

It is clear that members of the right are wary of a second coming of Sharon.  Lieberman may often times speak with bombastic rhetoric when it comes to Arabs, but is little trusted by those on the right in the reigns of power.  Land of Israel activists are cognizant that a Lieberman unchecked could flip and help push through a final status accord.  

Of course the new defense minister is not about to march to the beat of the Left, but in a world where international forces are gearing up to foist a “peace plan” on Israel, pressure on Israel’s less ideological right can turn someone like Lieberman into a perfect delivery man for the west’s neo-colonial aspirations in the Middle East.

The right has much to be thankful for in Lieberman’s appointment and yet remaining cautious and ready to check the newest member of the security cabinet is a strategy that remains necessary.