Showing posts with label Jerusalem. Show all posts
Showing posts with label Jerusalem. Show all posts

Monday, July 21, 2008

They are Jews and they are Israelis, period

The Israeli deputy consul general could not, for all his humble sagacity, see the future.

Yet Benjamin Krasna’s heart was heavy. It was June 28, 2006 — two weeks before Israel and the Iranian terror proxy Hezbollah would fight a bitter, monthlong war in which Hezbollah would succeed in causing the deaths of hundreds of Lebanese civilians in addition to the Israeli casualties of the war. But as he spoke that night to the Jewish Federation of Ocean County, there was still some hope that 18-year-old Itamar resident Eliyahu Asheri was alive. Asheri had been kidnapped by Palestinians earlier that week, and his body would be found only hours after Krasna’s speech.

When asked about Asheri, Krasna said he wanted to make one thing clear: “He is an Israeli,” Krasna said. We don’t, he continued, perform the crass act of pretending to better understand Asheri’s kidnapping in light of the fact that Itamar is a Jewish village near Shechem — a “settlement.”

Krasna was clearly irritated by the media’s portrayal of Asheri as a “settler” — as if that made his kidnapping OK.

Two years later, on July 3, 2008, a Palestinian terrorist would drive a bulldozer over Jewish pedestrians and motorists in Jerusalem, killing three and wounding more than 60. Haaretz, the Israeli daily, via its columnist Bradley Burston, was in utter disbelief at the savagery of “the man behind the wheel of a bulldozer, who has taken it upon himself to kill Jews. Not Israeli security force personnel, not occupation troops, not the Shin Bet. Jews. Women and children and the elderly and the infirm. Jews who may be in favor of an independent Palestinian state. Jews who have nothing against Arabs. Jews who may work to end the occupation. Jews.”

The ideologues behind Haaretz, who have admitted to covering up corruption and last year told Secretary of State Condoleezza Rice that Israel has to be “raped” into making concessions for peace, were aghast. Where, they wanted to know, have all the good terrorists gone? You know, the ones with the decency to target settlers and occupiers and soldiers. Why target Jews unaffiliated with Israel’s settlements?

On July 7, almost 100 Israel Defense Forces reservists from the Rabbinate Corps were called up to active duty for the purpose of exhuming bodies of foreign fighters that are to be returned to Hezbollah as part of a prisoner swap. Hezbollah will receive hundreds of prisoners and bodies, as well as Samir Kuntar, who is currently serving consecutive life sentences in Israel for his murder of Einat Haran. Einat was 4 years old when Kuntar smashed her head repeatedly against a rock with the butt of his rifle until he crushed her skull, next to the lifeless body of the girl’s father, Danny Haran, who Kuntar had executed moments before in order that Einat’s last sight would be the murder of her father.

It is doubtful that there is any air on this planet more wasted than that which circles Kuntar’s lungs, giving life to someone who exists only for death.

Yet he will be free, and he will kill again. And in return, Israel will receive the bodies of two of the IDF’s fallen heroes, Ehud Goldwasser and Eldad Regev, whose kidnapping by Kuntar’s masters touched off the war.

Goldwasser and Regev were taken from within Israel’s borders. But to the purveyors of self-hating collaboration such as Haaretz, are they still tools of the “occupation”? Upon their return, as the worldwide Jewish community cries for its sons of Israel, mourns for its two faithful servants of God and country, sees the tragic end of a story that compelled it to say Tehillim every day for two years, feels the weight of failed hope and fights the onset of hope’s loss: what will we think?

To those of us who watched Goldwasser’s wife and mother plead for his return last year in New York, standing across the street from that nest of corruption, that cathedral of depravity known as the United Nations building, we will think simply that we have lost two of our own. There are no categories; there is no caveat — regardless of on which part of biblical Israel they stood when they were taken from us.

After all, international law unequivocally sides with us on this one. Ex iniuria non oritur ius. An illegal act cannot produce a legal result, roughly translated. That’s the principle of international law that removes any recognition of Jordanian sovereignty over the West Bank. An illegal act (Jordan’s occupation of the West Bank from 1948-67) cannot produce a legal result (accepted claim of sovereignty over that land by Jordan and the Jordanians now living there as a result, known as West Bank Palestinians).

Additionally, it is not disputed that Jordan shelled Israel before any Israeli guns were aimed at Jordan during the Six-Day War in 1967, so the West Bank was land that Israel won in a defensive conflict. International law, as scholar Julius Stone wrote, considers Israel’s actions perfectly lawful — an obvious but important edict.

International law, he wrote in International Law and the Arab-Israeli Conflict, “does not so forbid [taking land], in particular, when the force is used to stop an aggressor, for the effect of such prohibition would be to guarantee to all potential aggressors that, even if their aggression failed, all territory lost in the attempt would be automatically returned to them. Such a rule would be absurd to the point of lunacy. There is no such rule.”


Which means Haaretz, the New York Times, et al. are wrong about Asheri and his fellow Itamar residents. They’re Israelis. And so are the Jews in the oldest Jewish community in the world, Hebron. And the tumultuous modern history of Jews in and around Shechem (now home mostly to a large Palestinian settlement called Nablus) makes them no less Israeli. Same goes for the flourishing Jewish community in Ariel, which is separated from Jerusalem by random Palestinian settlements along the way but is of great value to the state and the Jewish people.

And what about Jerusalemites? They’re Israeli, too! Despite this, in January, just before President George W. Bush was to visit Israel, Condoleezza Rice admonished Israel over a planned housing complex in Jerusalem called Har Homa. “Har Homa,” Rice carped, “is a settlement the United States has opposed from the very beginning.” The very beginning of what? On July 16, 1997, the U.N. voted to criticize the housing project. The United States voted against that resolution.

The Committee for Accuracy in Middle East Reporting in America (CAMERA) offers the reasons why then-U.S. Ambassador Bill Richardson voted with the Israelis, instead of voting against them or even simply abstaining. First, the land is 1,850 dunams, about 460 acres, which the Israeli government acquired via eminent domain, and 1,400 of the 1,850 dunams were owned by Jews. Much of that land was owned by Jews prior to 1948. Every single dunam of the entire planned housing project is currently vacant — not a single home would have to be knocked down nor anyone displaced.

Additionally, in the Oslo Accords, Jerusalem is specifically separated from settlements: “1. ... the jurisdiction of the Council will cover West Bank and Gaza Strip territory as a single territorial unit, except for: a. issues that will be negotiated in the permanent status
negotiations: Jerusalem, settlements, ... (Interim Agreement, Article XVII).” Building in Jerusalem is not only a feature of the final status agreements (not the interim agreements or Declaration of Principles), but it is also a distinct feature from settlements.


Fortunately Rice, whose strange ruling on Har Homa contradicts Bush’s opinion on the matter, managed to defuse the situation when she couldn’t even answer questions about building in Jerusalem. For example, reporters asked her, do you consider other Jewish neighborhoods outside the Green Line, such as Gilo and Ramot, to be “settlements?”

“The important point here is that one reason that we need to have an agreement is so that we can stop having this discussion about what belongs to Israel and what doesn’t,” she responded.

In other words, she has no idea.

But the answer is that while Jerusalem has the greatest significance for Jews and the Jewish state, Jews have every right, as Israelis, to live in the West Bank, and the brave men and women of the IDF have every right to defend them. Terrorism against Jews in the West Bank is murder, and it cannot be justified or explained away any more than the Mercaz Harav massacre in Jerusalem in March. The Palestinians want Tel Aviv as much as they want Ariel or Hebron or Beersheba, and they want West Jerusalem cleared of Jews, too. That, Mr. Burston, is what Husam Taysir Dwayat, the 30-year-old driver of the bulldozer and resident of a southeast Jerusalem neighborhood, was doing.

Walid Shoebat, the former PLO terrorist turned Israeli advocate once said: “There are only two choices when it comes to terrorism. The first is to make excuses for it. The second is to say there is absolutely no excuse for it. There is no third choice.”

Settler, soldier, secular, or scholar, the second choice should always be our first response.

{This column first appeared in the July 18, 2008 issue of The Jewish State.}


Wednesday, May 28, 2008

Presidents find favor in the Waiver; we share the blame

Though "If I forget thee, O Jerusalem..." has become a near-ubiquitous reference point for discussions about the Israeli capital, there is another Psalm that rings poignant with an upcoming ignominious anniversary.

"Behold, your foes are in an uproar, and those who hate you have raised their head," warns Psalm 83. "They said, 'Come, let us cut them off from nationhood, so that the name of Israel will not be remembered any longer'."

May 31 should be the ninth anniversary of the opening of the United States Embassy in Jerusalem; instead, it will mark the ninth anniversary of nothingness carefully constructed, lies carefully crafted, and failures shamefully abetted.


It will mark nine years since Senators Bob Dole, Jon Kyl, and Joseph Lieberman saw insulting proof that they had overestimated Jewish support for recognition of Jerusalem's Israeli sovereignty.


The Psalm quoted above does not mention Jerusalem, but rather "nationhood," and we should never hesitate to equate the two. Because on Passover, we do not say "next year in Tel Aviv"; after the '67 war, we did not sing "Ramat Gan of gold"; we do not celebrate Yom Herzliya Pituach.


We should revere every Israeli city as hallowed ground. But Jerusalem, whether under Israeli sovereignty or not, should be treated as the beating heart among the organs of Jewish unity.


The Jerusalem Embassy Act of 1995, sponsored by Dole and passed overwhelmingly in both houses of Congress, states, among other provisions, that Jerusalem is the "capital of the State of Israel" and "the spiritual center of Judaism". It also declared that by mid-1999, the relocation of the U.S. embassy to Jerusalem from Tel Aviv should be complete.


After the BBC last year apologized for calling Jerusalem Israel's capital, I asked Alan Dershowitz if there were some provision in international law regulating a state's designation of its capital that perhaps I didn't know about.


Dershowitz smiled at the absurdity that news outlets like the BBC required my question to be anything other than rhetorical. He told me that any nation may set its own capital, and to deny such basic rights to Israel was the uncivil union of hypocrisy and anti-Zionism.


So, if Jerusalem is Israel's capital, and the Embassy Act states that "Each sovereign nation, under international law and custom, may designate its own capital", then what's the problem? It's the escape clause, called the Presidential Waiver, which states that the president may suspend the action for six months if he believes it will "protect the national security interests of the United States."


Former President Bill Clinton and current President George Bush have both used the waiver every six months. Clinton, having promised to review the situation after Camp David, presumably put his intention to move the embassy in the same pile as his promise to commute Jonathan Pollard's sentence. Bush's hands-off approach to the peace process, often for the better, unfortunately seems to include keeping his hands off the embassy.


But to blame only Clinton and Bush would be a mistake. The Israeli government has routinely undermined efforts to move the embassy, afraid it will upset their Palestinian negotiating partners. In 1995, then-Communications Minister Shulamit Aloni told the New York Times that American congressional support for moving the embassy to Jerusalem "has a smell of provocation." Charming.


The powerhouse American Israel Public Affairs Committee (AIPAC) admitted that it officially opposed such a bill, but once the bill was drafted and voted on, former AIPAC head Neal Sher said AIPAC was "boxed-in" and forced to support it. At the time of the bill's floor vote, the Conference of Presidents of Major American Jewish Organizations did not take a position on the bill, and refused to endorse an earlier version of it. The Zionist Organization of America (ZOA) took a strong stance supporting the bill, but its pleas failed to inspire even an echo.


The Times picked up on that lead and ran with it; Times columnist Thomas Friedman accused Kyl and Lieberman of "exploit[ing] the issue for Jewish votes."


Other news organizations carried that mantle. CNN, in its news story about Bush promising to move the embassy in 2000, explained snidely that "Jerusalem is claimed as its new capital by Israel". Washington Post columnist Richard "Israel itself is a mistake" Cohen wrote that moving the embassy would only "win points wherever Dole gathers campaign funds" since Jerusalem's "political status is disputed" -- though the embassy would be in undisputedly Israeli west Jerusalem.


"Tel Aviv is charmless. For the time being, though, it will have to do," Cohen declared.


One ally in the media was Times columnist William Safire. Safire had no patience for the "national security" waiver, since, as he wrote in July 1996, Clinton had presented no national security threat. Instead, Clinton's spokesman stated that the waiver was being exercised "to ensure that no steps are taken that could be interpreted as pre-empting the negotiating process."


Safire fired back that such an "excuse for delay is nowhere in the law". For that matter, Safire said, the substance of the argument was based on a false premise anyway -- that peace negotiations would be upset. He quoted Lieberman as pointing out that in any final status agreement, part of Jerusalem would be Israeli.


"Our site would be on Israeli land," Lieberman said, infusing the discussion with a refreshing dose of logic and fair play. "Let peace negotiations proceed and let the U.S. law be carried out."


Lieberman wasn't alone. A year earlier, then-Speaker of the House Newt Gingrich marveled at the opposition to what he thought was patently obvious.


"I think it is absurd for us to single out Israel as a country where we define what we think the capital should be," Gingrich told Israeli media in 1995.


Thus, the desire to move the embassy was bi-partisan -- even at the N.Y. Times! So what held it up? Safire pulled no punches.


"In Jerusalem's 3,000th year, Israel's new Government is eager for America's acknowledgment of its capital," Safire wrote in 1996. "Plain justice and the new realism demand it. The last obstacle is Mr. Clinton's reluctance to obey the law."

And that reluctance to obey the law has been passed down. It, too, has become bi-partisan, and a tradition in the Oval Office.


But maybe it really was a national security issue. The vehemently anti-Israel Middle East International warned of, in an editorial during the 1984 Reagan-Mondale election campaign, what amounted to thinly veiled threats of retaliation in the Arab world should the embassy be moved to Jerusalem.


"The reaction to the move in Muslim countries would be catastrophic," the editors wrote. "It is easy to imagine the attacks on American embassies, the rupture of diplomatic relations, and all the rest that would follow."


"All the rest" is a diplomatic way of putting it, but I think the message gets through.

The editors did, however, manage to stumble upon what unfortunately has been confirmed in the almost-quarter century since.


"Supporting the move to Jerusalem," the editors wrote, "is one of those easy gestures, "like being in favor of a united Ireland, or approving of motherhood and disapproving of sin, which cost the maker of them nothing."

In 1995, Senator John McCain co-sponsored the bill, and during her 2000 Senate run Hillary Clinton said she supported moving the embassy ASAP. When I asked McCain's campaign what his official position is on the issue, a spokeswoman reiterated that McCain co-sponsored and voted for the original legislation. McCain was in Jerusalem in March of this year and stated unequivocally that it is Israel's capital; would he commit to moving the embassy there? His campaign wouldn't get that specific with me.


A Clinton staffer, before setting off on the hunt for the campaign's official stance, told me she had just been to Jerusalem less than a year ago and remembered visiting the U.S. Consulate General there -- a reminder that there is at least some form of official recognition in the holy city. Senator Barack Obama has yet to respond to my query in any form.


So, is that it for moving the embassy? Will politicians no longer be cavalier about tossing out that promise?


They may not feel they need to make the promise anymore, and that's probably a good thing. But what about us? Can we so easily be absolved of our role in letting the issue fade?


Lieberman once exclaimed that, if need be, he and former Senate Majority Leader Trent Lott would move the embassy to Jerusalem "ourselves, brick by brick!" Yet, when the mouthpieces of the American Jewish community picked up their shovels, it was to facilitate the issue's burial.


After a nearly 2,000-year struggle to reclaim it, Jerusalem shouldn't be taken so lightly. And on May 31, it shouldn't be forgotten.


(Originally published in the May 23, 2008 edition of The Jewish State.)