Commentary Magazine


Topic: West Bank settlements

Netanyahu Won’t Get Credit for Freeze

The narrative of the Middle East peace process according to the international media has pretty much been set in stone for the last 17 years since the first time Benjamin Netanyahu was elected prime minister of Israel: the “hard line” leader’s intransigence is the primary obstacle to peace with the Palestinians. Ever since then, we have been endlessly told that his ideology has prevented the Jewish state from making efforts to negotiate with the Palestinians. The fact that Netanyahu signed peace deals during his first term and has called for a two-state solution that would allow for an independent state for Palestinians, and even froze building in the West Bank to entice Mahmoud Abbas back to the negotiating table, hasn’t altered this. Nor will the prime minister’s latest attempt to bend over backwards to accommodate the Obama administration.

According to Haaretz, “senior Israeli officials” are confirming that Netanyahu “promised U.S. Secretary of State John Kerry ‘to rein in’ construction of settlements in the West Bank and East Jerusalem until mid-June.” In doing so, Netanyahu will be depriving the Palestinian Authority of its standard excuse for not returning to peace talks four and a half years after fleeing them in the wake of Ehud Olmert’s offer of a state that included parts of Jerusalem as well as almost all of the West Bank. But don’t expect anyone in the liberal Western media that treats Netanyahu like a piñata to give him credit for playing ball with Kerry’s hubristic effort to achieve a deal that has eluded all of his predecessors. Even worse, this very far-reaching concession is unlikely to coax the leaders of Fatah, let alone the Hamas terrorists who rule the independent state in all but name that exists in Gaza, to negotiate.

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If “Problem” Is Zionism, Peace Isn’t West Bank Activists’ Goal

With President Obama due to arrive in Israel on Wednesday, slanted pieces on the Jewish state found their way onto both the front page of the Sunday New York Times and the cover of its weekly magazine today. I’ll have more later on the newspaper story by Jerusalem bureau chief Jodi Rudoren, which treats the erecting of homes for Jews in Jerusalem as an outrage that “complicates” the nonexistent hopes for peace with the Palestinians. But that piece is a model of objective journalism when compared to the magazine’s cover story. The title of the article, “Is This Where the Third Intifada Will Start?” promises an investigation into the chances of more Palestinian unrest and violence. But what author Ben Ehrenreich delivers is not so much an answer to that question as an argument about why it should happen and an affectionate portrait of some of those who are doing their best to see that it does.

Ehrenreich’s story centers on his experiences hanging out in the village of Nabi Saleh, where Palestinian organizers of violent demonstrations have been seeking out confrontations with a neighboring Jewish settlement and Israeli soldiers who guard it and nearby checkpoints every Friday afternoon. The weekly dust-ups have become a tourist attraction for leftist European anti-Israel activists (so much so that local Palestinian hosts for the foreign Israel-bashers are always ready with vegan meals). But, as with so much reporting from the Middle East, what it missing from this compendium of Palestinian derring-do and grievances is more interesting than what made it into the magazine.

In order to understand the piece, the first thing one needs to know is Ehrenreich’s personal point of view about this conflict. The second would be to examine the alternatives to confrontation that the heroes of his piece have no interest in pursuing.

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What’s Makes an Outpost Illegal?

For years, Israel’s critics have been railing against the construction of illegal outposts by Jews in the West Bank. The hilltop enclaves are erected without government permits and are therefore illegal, but the settlers have often been able to win delays from sympathetic politicians or to otherwise tie up their status in court. This is seen as a failure of the rule of law in Israel but the Palestinians have apparently been taking notes from the settlers’ tactics. Today a group of Palestinians erected a tent city in the controversial E1 area just outside Jerusalem protesting plans to incorporate the area into the city and the Jewish state. Police told them they would eventually be evicted, but those involved say they are on Arab-owned land and intend to stay until their camp is incorporated into a independent Palestinian state rather than Israel.

This is an effective tactic, but at the heart of their stunt is a concept that doesn’t necessarily work in favor of their cause. If, as their sympathizers will argue, Palestinians have the right to live and/or build on Arab-owned land anywhere in the country, then why shouldn’t Jews, who want to do the same thing, have that same right? In other words, is an outpost only truly illegal, not because of the lack of government building permits, but because the residents of the tent are Jewish rather than Arab?

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Israel’s Settlements and the Europeans

Those looking for an explanation for why almost all of Europe backed the Palestinians in the recent vote to upgrade their status at the United Nations are blaming it on Israel’s decision to continue building homes in Jerusalem and its suburbs. As reporter Laura Rozen put it in a tweet, “Does Israel really not get how fed up Europe is w/ its settlement policies?” The upshot of this sort of thinking is that Prime Minister Benjamin Netanyahu’s fanatical devotion to “Greater Israel” is isolating Israel and forcing even its friends to abandon its cause in international forums.

The problem with this thesis is that it is pure bunk. As Jonathan Schanzer and Benjamin Weinthal point out in their article in Foreign Policy (about which Rozen was commenting), there are a lot of reasons why the Europeans stabbed the Israelis in the back at the UN, among which their objections to “settlements” is by no means inconsiderable. But as I pointed out earlier, if the Europeans believe that the 1967 lines with land swaps is the formula for peace, it’s hard to understand why they are upset with Israel building in places that everyone knows they would keep under such a plan. After all, does anyone who is actually interested in peace–as opposed to those who think every Jewish home anywhere in the country is an illegal settlement–actually think Israel will abandon 40-year-old Jerusalem neighborhoods or the suburbs that are close to the green line? Far from the Israelis pushing the limits in their quest for settlements, it is the Europeans who are redefining the terms of peace.

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Does the Levy Report Doom Israel?

As I wrote last week, the release of a report establishing the legality of Israel’s presence in the West Bank issued by a panel of Israeli experts chaired by former Supreme Court Justice Edmund Levy has been widely condemned. The attacks on Levy’s report have come from both those who support the Palestinians as well as Israelis and friends of Israel who oppose the settlement movement. Among the most prominent examples of the latter came in a letter to Prime Minister Netanyahu organized by the Israel Policy Forum, a liberal group that came into existence to support the Oslo peace process and which has been eclipsed in recent years by the failure of the polices they promoted. The IPF letter takes the position that, if adopted by the government, the Levy report dooms the two-state solution to the conflict and “will strengthen those who seek to delegitimize Israel’s right to exist.”

While the concerns expressed in this letter are real, those who signed are mistaken not only about the impact of Levy’s report but also about how to build international support for Israel and the hope of peace. What the signers don’t understand is that it is the opposite tack — Israel’s abandonment of a position that would uphold its rights — that has done the most to convince the world the Jewish state is in the wrong and strengthened the resolve of the Palestinians to never accede to a compromise on territory and two states. While one document cannot undo the damage done by Oslo and 19 years of failed peace processing, the Levy report can at least begin to remind the world the Israeli-Arab conflict is not one of balancing Palestinian rights and Israeli security but the rights of two nations.

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Dismantling Settlements Won’t Stop Iran

The reaction of the New York Times to the report authored by former Israeli Supreme Court Justice Edward Levy about the legality of Jewish settlements in the West Bank was predictable. It fulminated about the way the Levy commission differed from the consensus in the international community that holds, as the Times editorial put it, that “all Israeli construction there as a violation of international law.” But the Times is not just exercised about the legal dispute that it dismisses in a couple of sentences without even looking seriously at the arguments. As far as the paper is concerned, any measure or idea that does not contribute to the push to get Israel to leave the West Bank is an obstacle to peace and a threat to the Jewish state. Even worse, it went so far as to speciously claim that the ongoing dispute about settlements is diverting attention from the attempt to stop Iran’s drive for nuclear weapons.

This is a red herring that should and will be ignored by both the Israel and American governments. Iran is a threat to Israel but it is also a danger to the surrounding Arab countries as well as to the West. Israeli concessions won’t dampen Iran’s resolve to go nuclear because Tehran doesn’t care about a two-state solution for the Palestinians. Their hatred of Israel and the Jews and desire for hegemony over the Arabs can’t be bought off in this manner. But the mention of Iran should remind observers that what Israel’s foes oppose is not Israel’s presence in the West Bank but it’s existence.

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Settlements’ Legality Won’t Prevent Peace

The release of a report on the legality of Israel’s presence in the West Bank commissioned by Prime Minister Netanyahu is being widely dismissed by critics of his government as well as those of the Jewish state. Though its findings that Jews have the right to live in the territories and that Israel’s presence there does not fit the traditional definition of a military occupation are solidly based in international law, no one should expect the left to respect the report issued by a panel headed by former Supreme Court Vice President Edmond Levy. Nor should we be surprised if the international community ignores it. Opposition to the settlements is so deeply entrenched that there is no argument, no matter how grounded in logic or justice, that would persuade those committed to the myth settlements are the only obstacle to peace, that they are not illegal. As legal scholar David M. Phillips wrote in the September 2009 issue of COMMENTARY, international law supports this position.

But while we expect this effort to be trashed, those horrified by the fact that Israel is willing to assert that it has rights in the West Bank that are as worthy of respect as those of the Arabs are not just wrong about the legal arguments. Their assumption that a belief in the settlements’ legality makes a peace deal impossible is equally mistaken. Just because Israel has rights in the West Bank doesn’t mean it need necessarily exercise them on every inch of the territory. The assertion of Jewish rights merely means Israel has a leg to stand on when negotiating the permanent status of the West Bank and Jerusalem. Far from that rendering peace unlikely, it ought to give Palestinians an incentive to come to the table and work out a deal that will give them as much of the territory as they can get. The obstacle to peace is the Palestinian belief that the Jewish presence throughout the country — including pre-1967 Israel — is illegitimate.

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Price Tags and the Bigotry of Low Palestinian Expectations

Earlier this week, a mosque in the West Bank was vandalized. This reprehensible attack is believed to be the work of radical Jews who wished to make it plain to Israeli authorities — and not as probably most Westerners think — the Palestinians, that the removal of settlers from housing that was not legally purchased or constructed with the permission of the state will carry with it a “price tag.” These so-called “price tag” attacks have grown in recent years, even though the overwhelming majority of settlers, not to mention the Israeli people, deplore them. But though any such attack on a religious institution is a stain on the honor of the Jewish people and inevitably generates negative coverage of Israel such as this feature published in the New York Times on Tuesday, the bottom line is that in a democracy thugs do not get their way. As the Times reported that same day, the Israeli government has secured agreement from the few inhabitants of Ulpana to leave their homes that were ruled by a court to be built on private Palestinian property in the vicinity of the existing and quite legal Beit El settlement. In doing so, the rule of law has been vindicated.

But amid the general condemnation of the behavior of the extremist settlers that for some calls into question the legitimacy of the entire Zionist enterprise, it is worth noting an element of the story generally missing from most accounts in the Western press of the “price tag” attacks as well as allegations of settler violence toward local Arabs. However wrong the extremists are–and they are dead wrong–their behavior has not occurred in a vacuum. To focus only on settler misbehavior ignores a context in which attacks on Jews in the West Bank is a regular occurrence. And that includes Arab attacks on synagogues. The problem is that the foreign press gives the Jewish violence the sort of “man bites dog” treatment that makes it worthy of notice, whereas Palestinian misbehavior is simply taken for granted. This bigotry of low expectations is at the heart of the problem.

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What Six Days Achieved

Forty-five years ago today, the Six-Day War began. But rather than this being an occasion for the world to remember when Israel’s existence hung in the balance, it is, instead, merely being used as an opportunity for pundits and critics to urge the Jewish state to recreate in some way the world of June 5, 1967. In one such column, Jeffrey Goldberg resurrects the now familiar theme that Israel’s famous victory was actually a defeat because it left the Jewish state in possession of the West Bank. For Goldberg, the only way for Israel to finally win the war that began on that day is for it to begin a process of unilateral withdrawal from the territories.

Goldberg’s thesis is that the demographic threat from the Arab population of both the West Bank and pre-1967 Israel to the country’s Jewish majority requires the withdrawal of Jewish settlements even if a peace accord is not in sight. Goldberg’s support for another Israeli attempt at unilateralism is misguided, because the experience of Gaza proved that such tactics lead only to grief, and no critic of Israel will think better of it if the settlers are removed but troops remain. But the assumption that the outcome of that war is still in the balance and depends on Israel’s exit from the territories is flawed. It misunderstands the nature of the conflict and Israel’s ability to transform the attitudes of its neighbors or the world. So long as the goal of Israel’s foes is its destruction and not merely withdrawal from the West Bank or parts of Jerusalem, the only way to look at the Six-Day War or the current impasse is through the prism of survival, not the world’s perceptions. That was just as true 45 years ago when Israel’s government was instructed by the world — including the United States — to sit back and wait to be attacked as it is today.

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Beinart’s Argument Was Already Debunked

As a further thought to Michael Rubin’s response to Joe Klein’s defense of Peter Beinart, it is not true that nobody has yet replied to Peter Beinart’s demographic argument. First of all, the argument is not Peter Beinart’s. He’d deserve a response if he had raised a new, original insight to the debate – but the argument about how Israel’s Jewish character is incompatible with its democratic nature if Israel indefinitely rules over millions of Palestinians is not something Peter Beinart discovered – he merely parroted a widely held view. And as for the need to respond to him, Hussein Agha and Robert Malley did so already last year, writing in the New York Review of Books, a publication that is hardly sympathetic to Israel and which hosted Beinart’s opening shot against Israel:

Demographic developments undoubtedly are a source of long-term Israeli anxiety. But they are not the type of immediate threat that spurs risky political decisions. Moreover, the binary choice Palestinians, Americans, and even some Israelis posit—either a negotiated two-state outcome or the impossibility of a Jewish, democratic state—assumes dramatic and irreversible changes that Israel would not be able to counter. Yet Israel possesses a variety of potential responses. Already, by unilaterally withdrawing from Gaza, former prime minister Ariel Sharon transformed the numbers game, effectively removing 1.5 million Palestinians from the Israeli equation. The current or a future government could unilaterally conduct further territorial withdrawals from the West Bank, allowing, as in the case of Prime Minister Salam Fayyad’s West Bank government, or compelling, as happened in Gaza, large numbers of Palestinians to rule themselves and mitigating the demographic peril. The options, in other words, are not necessarily limited to a two-state solution, an apartheid regime, or the end of the Jewish state.

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Return Abbas Letter to Sender

Asked about the Palestinian letter reportedly coming next week, in which Mahmoud Abbas — currently in the 88th month of his 48-month term as Palestinian president, having failed to hold the elections he promised a year ago (when he entered into still another reconciliation agreement with the terrorist group he previously promised to dismantle) — will demand that Israel stop construction in the disputed territories, Israeli Defense Minister Ehud Barak noted that “Not a single new settlement has been built in the last three years since this [Netanyahu] government is in power.”

The only authorized Israeli construction is in existing settlements that will be part of Israel in any conceivable peace agreement, pursuant to the understanding reached a decade ago with the U.S. that a “settlement freeze” meant no new settlements and no expansion of the boundaries of existing ones – what Secretary of State Condoleezza Rice called the “Google Earth Test” – not construction within established settlements. In her recent memoir, Rice confirmed both the informal understanding and Israeli compliance with it throughout the Bush administration.

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Re: Beinart’s Slippery Slope on Boycotts

This weekend Jonathan weighed in on the letter signed by a number of UK artists calling for a boycott of Israel’s Habima theatre company.

Had the letter not contained the names of celebrities Emma Thompson and Mike Leigh, I doubt it would have made the splash it did – and, to further Jonathan’s point about Peter Beinart and the role he plays in delegitimating Israel, the letter’s signatories include the usual suspects among the Jews-for-Justice-for-anyone-but-the-Jews, whose fame, in the world of the performing arts, is more closely linked to their anti-Zionist crusades than their artistic talents.

Still, one point deserves to be added to Jonathan’s excellent take-down.

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Emma Thompson Illustrates Beinart’s Slippery Slope on Boycotts

Friends of Israel have been able to take some satisfaction in the fact that Peter Beinart’s intellectually vapid attempt to promote what he has the temerity to call “Zionist BDS” (Boycott, Divestment and Sanctions) against the Jewish state has been panned by liberals as well as conservatives across the political spectrum. Few outside of the far left have been convinced by his call for a boycott of Jews who live in the West Bank and parts of Jerusalem so as to save Israel from itself and bring about Middle East peace. Unlike the foolish Beinart, most Americans — like the overwhelming majority of Israelis — understand the obstacle to a resolution to the conflict comes from the Palestinians’ inability to make peace with a Jewish state no matter where its borders are drawn.

All this eludes Beinart, but the writer, who has assumed the pose of the self-appointed conscience of American Jewry, also misses another key point. He fails to comprehend that his distinction between boycotts of the settlements and of the rest of the country inside the green line (which he tells us he loves passionately) is not one that the rest of the world is necessarily going to respect. As Oscar-winning actress and writer Emma Thompson proved this week, efforts to stigmatize West Bank Jews have a curious habit of morphing into boycotts of other Israelis, including those who, like Beinart, are not part of the settlement project.

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End the Human Rights Parody at Geneva

The United Nations obsession with demonizing Israel was once again on display this week in Geneva where the world body’s Human Rights Council voted to investigate the impact of the Jewish presence in Jerusalem and the West Bank on Palestinians. This so-called fact-finding mission is yet another UN kangaroo court that is set up to demonize the Jewish state and to allow the Palestinians to vent their intolerance for Jews in the guise of displaying their victim status. Since the Council has already made it clear that it considers that Jews have no right to live anywhere in the territories and that Israeli policies that make Jewish communities there possible are illegal (an assertion that is palpably false even if it has become a mantra of international diplomacy), the mission is really an indictment rather than an investigation.

The Obama administration deserves credit for the fact that the United States was the only one of the 47 members of the Council to vote against the resolution, which was one of five anti-Israel measures passed in Geneva this week. But this latest proof of the institution’s moral bankruptcy requires a stronger response than the rhetorical shrug of the shoulders that it generated that from Washington. The Council, which prior to this latest session had already devoted 39 out of the 91 actions it has taken since it was reconstituted in 2006 to denunciations of democratic Israel, is a parody of a human rights organization. At a time when the group is either paying mere lip service or flat out ignoring real human rights tragedies, the decision to devote the UN’s resources to another platform for hatred against Israel makes it imperative that the United States withdraw immediately from the Council.

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