Commentary Magazine


Topic: Ari Shavit

Something’s Rotten in the State of Israel’s Legal System

Something is deeply wrong with a justice system when mainstream journalists and politicians take it for granted that a suspect’s political views will affect the legal proceedings against him.

Consider the following sentence from a column that appeared Monday in Israel’s left-wing daily Haaretz: “If the attorney general decides to bring charges against Yisrael Beiteinu chairman Avigdor Lieberman, the foreign minister may decide that, in his bid to reach a plea bargain that will keep him out of prison, he is better off bringing down the government, and possibly even the Knesset, and disguising himself as a moderate in a government that has Kadima and Labor [two left-of-center parties] at its center.”

The author, Amir Oren, is no right-wing conspiracy theorist; he’s a veteran, left-of-center journalist and star columnist for a respected highbrow daily. And he considers it patently obvious that if Lieberman wants prosecutors to treat him leniently, he would be wise to swerve Left.

Nor is Oren alone in this belief. In 2007, after then prime minister Ehud Olmert appointed Daniel Friedmann, a well-known critic of the Supreme Court’s judicial activism, as justice minister, Yossi Verter wrote in Haaretz: “The justice system … has two alternatives for coping with this blow: hunkering down in its bunker and waiting for the government to change, or speeding up criminal proceedings against Olmert and working with greater vigor to topple him, which would also bring about Friedmann’s departure.”

Like Oren, Verter is a veteran left-of-center journalist and a star Haaretz columnist. And like Oren, he considers it self-evident that legal officials could and would use their prosecutorial powers to oust a politician whose policies they oppose.

And here’s another star Haaretz columnist and veteran left-of-center journalist, Ari Shavit, writing after the 2006 indictment of then Justice Minister Haim Ramon for sexual harassment:

Twelve hours before kissing the soldier identified as H, Haim Ramon sat at a private dinner and joked that he had to be careful, because something was liable to happen to him. Because something has happened to every justice minister who intended to shake up the judicial system the way he did, something that prevented the minister from ultimately filling the post. …

[Another] senior minister, whose lifelong dream has been to serve as minister of justice, decided at the beginning of the week to concede the coveted position because he was convinced that if he didn’t do so, he would shortly find himself questioned under caution in a police investigation. The senior minister … determined that there was no chance that a person known as a critic of the rule of law would be able to serve as justice minister without the rule of law finding a way to distance him from the public arena on some criminal pretext or another.

That mainstream politicians and journalists believe the legal system biased in this fashion is worrying even if they’re wrong. That so many probably wouldn’t believe it were there not some truth to it is even worse. But perhaps most disturbing of all is the lack of concern: it’s just a fact of life, to be noted casually in a column.

Another Peace Process in Our Time

Palestinian President Mahmoud Abbas — currently in the 60th month of his 48-month term, a declared non-candidate for re-election (in the event there is ever another Palestinian election), presently governing only half of the putative Palestinian state — has told Haaretz that a peace agreement could be reached within six months if Israel will make more pre-negotiation concessions.

Peace could be reached not only in our time but with four full months left over to complete Netanyahu’s 10-month settlement freeze. Abbas will hold the football himself.

Not even those on the Left in Israel believe in this process any more. Ari Shavit, writing in today’s Haaretz, notes that:

There’s one small problem: Similar things were said to us when the Beilin-Abbas agreement was formulated in 1995. Similar things were said to us on the eve of Camp David 2000. Similar things were promised us when the Geneva Initiative was signed in 2003. Similar things were promised us when Israel went to Annapolis in 2007.

Six months is in fact exactly what Abbas promised at the beginning of the Annapolis Process in 2007, only to reject still another Israeli offer of a state 12 months later.

Shavit encapsulates in a single paragraph the reason there is currently no prospect of peace, with or without additional Israeli concessions, made before or after negotiations begin:

With Hamas controlling the Gaza Strip, arming itself to the teeth and enjoying the support of about one-third of the Palestinians, it has the right to veto any diplomatic progress. With Fatah unwilling to recognize the Jewish nation-state and objecting to a demilitarized Palestinian state, there is no chance for a peace treaty.

Perhaps one day there will be another Palestinian presidential election, with a candidate campaigning on a platform calling for recognition of a Jewish state and acceptance of a demilitarized Palestinian one. Perhaps one day the Palestinians will elect such a person. But today there is no such candidate, nor even another scheduled election. The Palestinian peace movement consists of recycled interviews with Haaretz.

What the Peace-Partner Palestinians Really Want

In Haaretz yesterday, Ari Shavit detailed the results of Netanyahu’s serial efforts to commence negotiations with the Palestinians:

He accepts the principle of two states, and receives no response. He suspends construction in the settlements, and is rejected. He courts Mahmoud Abbas, and is disparaged. The son of Ze’ev Jabotinsky’s personal secretary wants a historic reconciliation with the Palestinians, and the Palestinians are slamming the door. He is offering the Palestinian national movement negotiations over the establishment of a Palestinian nation-state, and has found that there’s no one to talk to and nothing to talk about. Zilch. A brick wall.

Sometimes you get the impression that the Palestinian Arabs do not really want a Palestinian state. They could have had one in 1919 (the Weizmann-Feisel Agreement), 1937 (the Peel Commission), 1947 (UN Resolution 181), 2000 (the Camp David proposal), 2001 (the Clinton Parameters), or 2008 (the Annapolis Process offer). Six formal offers — each accepted by the Jews and rejected by the Arabs.

The peace-partner Palestinians do not really have a negotiating position — only a set of demands to reverse history. They demand that Israel withdraw to the 1967 lines to reverse the Six-Day War (a war the Arabs caused). They demand a “right of return” to reverse the 1948 war (a war the Arabs started). They demand all of East Jerusalem — not simply the Arab neighborhoods and Muslim religious sites — to control the historic portion of the city; they concede no Jewish connection to the Temple Mount or the Western Wall.

Evelyn argued persuasively today that the goal of Hamas in its negotiations for the release of nearly a thousand Palestinian prisoners — in exchange for one Israeli soldier — is not really the release of the prisoners. A similar insight explains the absence of a Palestinian state despite 90 years of two-state offers, increasing Israeli concessions throughout the Oslo and Annapolis “peace processes,” and Netanyahu’s unsuccessful efforts to commence negotiations once again. A second state is not really what the Palestinians want — not if the cost is recognition of a Jewish one in defensible borders. What they really want is something else.