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The Movement for Quality Government (MQG) in Israel is the far-left organization at the epicenter of the Israeli left’s war against the Netanyahu government. MQG began its current campaign of delegitimization, subversion and demonization immediately after the Netanyahu government was sworn into office on Dec. 29. The next day, MQG petitioned the Supreme Court to prevent Shas leader Aryeh Deri from serving as a minister in the government.Col. Richard Kemp: Israel - Don’t give your enemies more ammo!
There was no legal basis for the petition. But that didn’t bother the lawyers at MQG.
In its petition, MQG claimed that the terms of a plea deal Deri reached with the State Prosecution last year on tax reporting errors barred him from serving as a minister. Never mind that nothing in the plea deal stipulated anything of the sort or that 400,000 Israeli voters cast their ballots for Shas with the full expectation that Deri would serve as a senior minister.
Like MQG, the Supreme Court justices didn’t bother giving a legal basis for their decision to act on MQG’s petition and bar Deri from serving as a cabinet minister. The justices said Deri’s appointment was “unreasonable,” and with a stroke of a pen, the court retroactively disenfranchised Shas voters.
Building on its success, late last month MQG submitted a new petition asking the justices to oust Prime Minister Benjamin Netanyahu. As in the case of Deri, MQG’s petition is based on a political rather than a legal argument. MQG argues that as a criminal defendant, Netanyahu is unfit to serve. The premier, MQG insists, is acting with a conflict of interest by overseeing judicial reforms while on trial. And as a result, the justices should declare him unfit and remove him from office.
Never mind that the justices have a conflict of interest since it is their powers the government’s proposed reforms would check. Never mind that in a bid to prevent politicized judges and prosecutors from overturning the will of the voters, the law explicitly permits prime ministers to serve not only while standing trial, but even if convicted. And never mind that the charges against Netanyahu have fallen apart in Jerusalem District Court.
After a recent visit to Israel both of us, we're deeply concerned by the unprecedented degree of tension and sheer animosity permeating the political arena.Ruthie Blum: Israel’s vilified majority isn’t swayed by the protests
As friends of Israel rather than Israeli citizens, we do not seek to intervene on any partisan basis, but to sound the alarm about the very real potential for Israel’s enemies to exploit the current rhetoric and do harm to the country as a whole.
Political polarization and confrontation are nothing new to us since they are trends now rooted in our own countries and across the Western world, from the U.S. to Italy. But our experience fighting successive attempts to delegitimize the State of Israel shows us that this country simply cannot afford the level of domestic political tensions that other democracies can go through. Israel has proven itself time and again to be the most resilient country in the world when it comes to physical warfare. But it is also subject to the most insidious political warfare — continuously under attack by international institutions such as the UN, EU and International Criminal Court (ICC) as well as a range of foreign governments, human rights bodies, academia and much of the world’s media.
It is in this realm that the current discourse and strife will be most damaging. For Israel to be strong, to prosper, to be a force for good in the region and the world, and to fend off incessant political warfare campaigns, it needs to be united in the basic questions, despite all the disagreements that may reasonably emerge around specific proposals and policies. That national unity is being eroded by the tone and conduct of the debate on reforms to the judiciary presented by the coalition government.
We have heard Israeli voices telling us that what is at stake is the survival of democracy in the country, if not dead already. We have been told that it is better not to make even a single concession than to try to reach an agreement. Such extremist attitudes are far from producing a better reform and come dangerously close to emboldening and even inciting Israel’s many international enemies.
Declaring democracy dead has consequences that go well beyond domestic politics. Over the years, both of us have been fighting all attempts made by Palestinian groups to indict Israeli soldiers and political leaders at the ICC, every effort made by the institutionally anti-Israel UN Human Rights Council to condemn Israel’s sovereign right to self-defense, and successive campaigns by the Boycott, Divestment and Sanctions movement as well as international bodies to wreck Israel’s economy.
What do all the protesters have in common? They all dream of an Israel without Netanyahu
WHICH BRINGS us to what the protesters “of all stripes” really have in common, and it has nothing to do with the redistribution of power between the judicial and legislative branches of government. No, the shared vision of an otherwise disparate bunch of politicians, academics, artists, hi-tech entrepreneurs and physicians is an Israel without Netanyahu.
Some of the above groups and individuals are totally secular; others observant. Some consider themselves Zionists; others wouldn’t deign to hang an Israeli flag on Independence Day, but agree to carry one during demonstrations for show. Some identify as liberal; others as conservative. Some are city-dwellers; others live on kibbutzim or suburbs. Some are straight; others gay. Some are married; others single. Some are army officers; others view the IDF as a symbol of Israel’s “evil occupation.”
The diversity is genuine. The depiction of the disgruntled hordes as “Israelis from all walks of life,” thus, is accurate.
The disingenuousness lies in the contention that the hysteria exhibited by those citizens reflects a seismic shift in Election Day sentiment. The truth is that few, if any, of those taking to the streets and pounding the pavement outside the Knesset voted for Netanyahu’s Likud or its coalition partners.
In contrast, many among the angry throngs have been longtime “anybody but Bibi” activists horrified that their hopes to be rid of Netanyahu, specifically, and the religious Right, in general, were dashed. They’d been under the impression that the fifth round of elections was going to mimic the previous four.
And though they didn’t wish for another impasse, they thought it might force Netanyahu to vacate his seat, or that his party would push him aside. They certainly didn’t anticipate that their worst nightmare was about to materialize.
STILL, IT wasn’t judicial reform that they harped on; it was Ben-Gvir and Smotrich. Laser-beam focus on the two religious right-wingers was so constant that they became household names around the globe. Warnings poured in from world capitals that there would be no contact whatsoever with the dangerous duo.
The “homophobe” Avi Maoz then became a cause for frenzy. His highlighted infamy placed the imagined trampling of LGBTQ rights front and center. Again, judicial reform was barely mentioned.
Once those specks of dust had settled, the defeated camp turned its attention to Levin. Doing so infused energy, as well as cash, into the protest movement. It also riled up the international and American-Jewish communities, much to the delight of Israel’s enemies.
Unfortunately for Lapid, it hasn’t had the same effect on the fractured back benches of parliament. No wonder he’s so often AWOL from the plenum.
Meanwhile, the Right is busy working for the vilified “majority” that handed it the reins. No surveys about societal strife can obfuscate that fact.
Israel has reportedly "bought an island" from Bahrain, prompting criticism from activists opposed to the on-going normalisation between the two countries.News of the purchase was initially announced by TV7 Israel News, before being removed after it was broadcasted, according to Al-Mayadeen. However, several social media users managed to screenshot the report before it was erased.According to the report, Israeli firm Himnota, which is owned by the Jewish National Fund (JNF), a "charitable" organisation that has long been used by the apartheid state for expropriating Palestinian lands and obfuscating Israel's war crimes, acquired the private island for $21.5 million in an auction.The island, which measures 9,554 square metres, will be used for investment projects and could be used to evacuate Israelis in case of the outbreak of war. Avery Schneier, who is on the board of directors of the company, said talks will be held with the "friendly" Bahraini government to transfer sovereignty over the island to Israel.
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One of the nation’s most prominent left-wing dark money groups announced Tuesday that it was unable to process credit card payments, following reports of its ties to a Palestinian terrorist group.UK Organizations Fundraise for Gazan Hamas Charity Run by Killers
The Alliance for Global Justice said in a statement that Salsa Labs, which handles its credit card contributions, locked the "anti-capitalist" group and its network of 140 left-wing initiatives out of its online fundraising platform. The Alliance claims the freeze-out is the result of a January Washington Examiner report that the group was illegally fundraising for the Popular Front for the Liberation of Palestine, a U.S.-designated terror organization.
The move could prove financially calamitous for the Arizona-based group, which in 2021 helped raise over $56 million for the initiatives it sponsors. Discover Card blocked the Alliance from accessing its network in September 2021 over its financial ties to the Samidoun Palestinian Prisoner Solidarity Network, an Israel-designated terror group that works to free Palestinians from the Israeli prison system.
Few fundraising tools remain on the table for Alliance as of Tuesday. The group asked supporters to "donate via paper checks" to buoy the group "as the enemies of the people gloat about our trouble."
The Zachor Legal Institute, a pro-Israel think tank that filed an IRS complaint in January against the Alliance for its alleged ties to the Popular Front, praised Salsa Labs for cutting ties with the group.
"We are happy to see that the platform provider for Alliance for Global Justice’s terror funding efforts has finally complied with its legal obligations to terminate unlawful uses of its platform," Zachor Legal Institute founder Marc Greendorfer told the Examiner. "We hope that there will also soon be federal action to put an end to the unlawful terror financing being enabled by Alliance for Global Justice."
A Hamas-run organization in the Gaza Strip managed by two terrorists personally responsible for the stabbing and bombing of Israeli civilians is organizing public events in the United Kingdom and receiving support from multiple British charities, an investigation by FWI has found.Israel exports crude oil for first time, with shipment heading for Europe
The revelation comes just a week after the publication of the British government-commissioned Prevent review, which concluded that "those who fundraise for Hamas or break the law in support of the group's activities must be prosecuted to the full extent of the law," in the same manner as "those who support Islamic State, National Action, or other proscribed organisations."
FWI has identified five British groups funding or in partnership with the Qawafil Al-Khair Association, which two Hamas terrorists, Mansour Rayan and Ali Al-Mughrabi, established in 2015.
Rayan and Al-Mughrabi were released from Israeli jails in 2011 as part of the "Wafaa al-Ahrar" deal, Hamas's agreement with Israel for the return of imprisoned terrorists in exchange for the release of Gilad Shalit, an Israeli solider kidnapped by the terrorist organization.
Both Rayan and Al-Mughrabi have blood on their hands. In 1994, Rayan broke into the home of Israeli civilian Yoram Sakuri in the West Bank Israeli community of Kiryat Netafim, stabbing him to death, and wounding his wife.
As for Al-Mughrabi, he was part of a terrorist cell that organized multiple attacks in Israel, including the suicide bombing of the Moment café in Jerusalem in 2002, in which 11 were killed, and 54 injured. According to Haaretz, Al-Mughrabi served as a "right hand man" for his elder brother, the cell's leader. Al-Mughrabi "transferred funds, stole cars for [the] attacks and photographed the suicide bombers," for which he received two life sentences.
Israel has exported crude oil material for the first time, with a shipment headed to Europe from the country’s offshore Karish gas field, according to an announcement Tuesday by Greek gas company Energean. The London- and Tel Aviv-listed firm is in charge of production at the Karish and Tanin natural gas fields in Israel’s economic waters in the Mediterranean.
In a statement Tuesday, Energean said “the first ever lifting of an Israeli crude oil cargo has taken place at the company’s Karish field,” and a cargo ship of hydrocarbon gas liquids (HGLs) extracted from natural gas (and then used in a mixture to make crude oil) was exported to global markets “for the first time in the history of Israeli oil and gas production.”
“This creates a significant differentiated income stream, fundamentally separate to gas-derived revenues,” Energean said, welcoming Israel into the “club of international oil exporters.” The cargo was “sold as part of a multi-cargo marketing agreement with Vitol; the first of a new source of East Med energy to reach Europe,” it added.
Energean got the green light last October to begin production at Karish, a day before Israel and Lebanon signed a long-awaited, US-brokered maritime border deal that ended a dispute over the gas field.
The Karish and Tanin fields contain a total of around 75 billion cubic meters of natural gas. About 12 billion cubic meters are consumed annually in Israel.
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Jerusalem, February 16 - A local feline met its grisly demise today on a stretch of wet roadway where drivers often fail to spot the traffic signal in either direction, witnesses reported, causing the animal to regret at once the profligate use of one of its previous remaining incarnations in a fatal effort to reach a part of the neighborhood with more or less the same trash in and around the dumpsters as anywhere else in the country.
The intersection of Bezalel and Nissim Bachar Streets saw ramming death of a feral cat late Thursday morning when the driver of a car barreling westward down Betzalel disregarded or failed to discern a red light and did not spot the animal on its way across the busy road; its mangled carcass adorned the side of the rainy road for some hours afterwards, pending action by the municipality's sanitation department. While awaiting its third-to-last embodiment in a new corporeal entity of fur, claws, and at least one soon-to-be-missing eye, the creature's lifeforce acknowledged the stupidity of trying to cross the Nachlaot neighborhood's hazardous major central artery at its most hazardous transition spot, all for the dubious purpose of finding better scavenging in the trash piles of the north side than of the south.
"OK, that was dumb," the anima admitted. "Really, really dumb."
The cat-soul found the incident its most embarrassing demise yet in the series of six, and eventually nine, lives. The grisly Thursday occurrence topped in its retrospective cringe even the animal's first death, dying at the ignominious hand of an infectious pathogen following an ill-advised confrontation with another feline whose numerous bald spots, scraggly fur, and numerous secretions from various orifices should have served as ample warning against approaching the diseased rival, despite the tantalizing morsel of day-old Moroccan tilapia it was protecting. "In my defense, I was hungry at the time," the now-veteran dead cat remarked. "Not this time. No excuse. Just stupid."
In terms of cringe, the incident even edged out the feline's previous death: being eaten by its mother within a day or two of birth. "Yeah, I'd rather forget that one, too," it conceded. "But at least in that case it wasn't my fault I was too scrawny to appear worth the expenditure of resources."
The intersection in question has proved dangerous to humans as well as cats: its unusual configuration causes eastbound drivers not to notice the stop line before the crosswalk, such that even when the red light is visible - during one stretch of winter it sits squarely in the sun's glare at 7 AM - drivers continue through the crosswalk before deciding to stop at some random point thirty feet on. Westbound, the downward slope of the artery has contributed to many drivers failing to notice the light in that direction, as well.
Municipal workers dismissed concerns over the intersection, noting that both pedestrians and cats need to be culled.
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“Justice for Palestine” and the Strategy of PhasesJonathan Tobin: Why keep pretending that Jews building homes prevents peace?
At present, the main advocates of the idea of “territorial compromise” are Israel’s enemies, along with well-meaning outsiders and “progressive” Israelis. For the Arab Palestinians, the basic objective is to achieve “justice” by means of “armed struggle.” One need only consult Article 21 of the Palestinian Covenant:
The Arab Palestinian people, expressing themselves by the armed Palestinian revolution, reject all solutions which are substituting for the total liberation of Palestine and reject all proposals aiming at the liquidation of the Palestinian problem, or its internationalization.4
Further, one cannot overlook the PLO’s “authentic genocide message.” For example, Daniel Pipes published a reader’s comment in the Middle East Forum stating that the PLO’s first chairman, Ahmad al-Shukeiri (Shuqayrī) (1908–80), coined the phrase “Driving the Jews into the sea,”/“Throwing the Jews into the sea.” The contributor [who most likely was Prof. Barry Rubin of the IDC, Herzliya] observed: “After the Six-Day War, realizing the great damage it has done to Arabs, Arab propagandists, including Shukairy himself, tried somehow to ‘transform’ his statement from the meaning of annihilation to the meaning of ‘transfer’ of Jews (or ‘ethnic cleansing’), but it was too late, the clarity of his authentic genocide message was already publicized.”5
Indeed, in a 1972 interview with Oriana Fallaci, and, later, in 1980, Yassir Arafat stated the Palestinian position succinctly: “Peace for us means the destruction of Israel and nothing else.”6 During a visit to Venezuela in February 1980, he elaborated on this theme:
Peace for us means the destruction of Israel. We are preparing for an all-out war, a war that will last for generations …. We shall not rest until the day when we return to our home, and until we destroy Israel …. The destruction of Israel is the goal of our struggle, and the guidelines of that struggle have remained firm since the establishment of Fatah in 1965.7
Over time, intransigent pronouncements and terrorist attacks, such as Black September (1970) and the Munich Massacre at the Olympics (1972) harmed the Arab Palestinian cause. Consequently, the PLO needed to repair its image in order to achieve its political goals. On the prompting of the Soviet Union, the Politbureau of North Vietnam coached a PLO delegation.
As early as February 1970, Salah Khalaf, a.k.a. Abu Iyad, led a PLO delegation to Hanoi where they met the legendary General Vo Nguyen Giap. Their political experts advised them how to manipulate the Western media and transform their public image from terrorists to “moderates.” Abu Iyad described this important encounter in his book, My Home, My Land, a series of interviews with Eric Rouleau published in 1978.
Biden and even his European allies know that the places where new homes will be built in Judea and Samaria will never become part of even a theoretical Palestinian state. Already, more than 500,000 Jews live in the parts of Judea and Samaria that were labeled as “Area C” in the Oslo Accords, plus another 250,000 who live in Jerusalem but who are also considered to be “settlers” by the world, if not by most Israelis.When Is Terror Not Terror? When the Victims Are Jews
None of them are going to be chucked out of their homes to create a Palestinian state that would also include “Area C.” Still, the more the world continues to act as if that were a possibility, the less likely it is that the next Palestinian leadership, which will eventually succeed 87-year-old P.A. head Mahmoud Abbas (currently serving the 19th year of the four-year term he was elected to back in 2005), understands that if they want sovereignty over any part of the country, they’ll have to concede the areas where Jewish communities exist.
It’s not just the fact that no one complains about Palestinian construction in this area, which is just as much an effort to create facts on the ground as Israel’s housing starts. It’s that the branding of “settlements” as illegal and subject to eviction is a standing incitement to more terrorism, as well as intransigence.
The existence of these communities hasn’t prevented a two-state solution, and they won’t stop one in the future if the Palestinians want it since they can have their own state without also taking the places where Jews currently reside.
If foreign governments and so-called human-rights groups really wanted to end the cycle of violence, then they would ditch the cycle of diplomatic condemnations of Israel that help reinforce the Palestinian mindset that Israel is an illegitimate nation that can eventually be destroyed. It may be too much to hope that the foreign-policy establishment ever acquires the wisdom to understand just how mistaken it is about the conflict. But if they did, they’d know that their supposedly well-intentioned advocacy for two states is a far greater obstacle to peace than any housing plan.
In the aftermath of the shooting of seven people near a synagogue in Jerusalem, one of the deadliest mass shootings in over a decade, many media outlets including the New York Times carefully avoided the word "terror." In 2022, the Times mentioned Hamas, Islamic Jihad, and Hizbullah in its headlines only eight times throughout the entire year. Only one mention of Hamas and Hizbullah was negative. Islamic Jihad was mentioned negatively twice. By comparison, 192 headlines mentioned Israel in a negative or critical tone.
In total, 53% of New York Times' news coverage of Israel was negative in tone, compared with 11% that was positive. Between January and October 2022, before the new government was elected, 60% of op-eds were negative towards Israel. After the election, the negative tone became more extreme.
According to the Israel Security Agency (ISA), there were 2,618 terror events in 2022, 204 of them significant (shootings, bombings, stabbings, or intentional car ramming). Another 472 significant attacks were thwarted. The Times has stressed that most of the Palestinians killed were not terrorists, whereas IDF data shows the exact opposite.
The Times is obsessed with Israel but offers the world a monochromatic picture of the situation. Its journalistic failing contributes to the growing hatred of the world's only Jewish state, and the global rise in antisemitism that comes with it.
The Knesset approved a law on Wednesday to strip convicted terrorists with Israeli nationality of their citizenship — provided they receive funding from the Palestinian Authority or an associated organization.The law, an amendment to Israel’s 1952 Citizenship Law, applies to both Israeli citizens and permanent residents incarcerated following a conviction for terror, aiding terror, harming Israeli sovereignty, inciting war, or aiding an enemy during wartime, and enables the interior minister to revoke their status after a hearing.The law enables citizenship to be revoked even if the person lacks a second citizenship, provided they have a permanent residence status outside of Israel. Once citizenship is revoked, the person would be denied entry back into Israel.
Prime Minister Muhammad Shtayyeh said in a statement that this decision is a racist practice and a flagrant violation of international law and international humanitarian law. calling on the United Nations, the United States, and the European Union to denounce the resolution, and to put pressure on Israel to force it to cancel it .
Is it illegal to revoke citizenship of terrorists? Of course not. Western nations do it all the time. The US Department of Justice has an entire section for pursuing denaturalization for terrorists and other criminals. The UK, France and Britain have laws to strip citizenship away from terrorists, and the European Court of Human Rights has upheld their decisions.
There are two potential arguments against stripping citizenship.
One is that this law is discriminatory, since it only applies to Palestinians and not Jewish terrorists. But that is only because the only recipients of Palestinian Authority payments are Arabs - if Jews would be convicted of terrorism for the Palestinian cause, and if the PA would pay them, the law would apply to them as well. Similarly, any Israeli Arab in prison can refuse to accept payments from the Palestinian Authority and therefore be immune from being denaturalized. The fact that they accept money from those who want to see Israel destroyed is a pretty good argument that they are not good citizens.
The second argument is that stripping nationality, leaving someone stateless, is illegal altogether. There is a UN Convention on the Reduction of Statelessness written in 1961 that never received a majority of UN votes - but even many of its signatories included reservations that made it clear that they maintain the right to revoke citizenship for specific acts by citizens. For example, Austria said, "Austria declares to retain the right to deprive a person of his nationality, if such person enters, on his own free will, the military service of a foreign State."
Shtayyeh's calling denaturalization "illegal" and "racist" is especially hypocritical. Only a day beforehand, he called on Western nations to revoke the citizenship of Jews (and only Jews!) who live across the Green Line. Arabs who moved across the Green Line are, of course, not "settlers."
There would be a further irony if critics refer to the UN Convention on the Reduction of Statelessness to claim that this is illegal. Because nearly all Arab states refuse to sign that convention - if they did, they would be required to provide citizenship to children born to Palestinians there, and the Arab League says that Palestinians should remain stateless!
Once again, we see that "critics of Israel" aren't basing their critiques on international law, or morality, or really any framework that doesn't prove that they are hypocrites. The only consistency they show is antisemitism.
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Palmach soldiers |
ON AUGUST 5, 1948, not quite three months after the new state of Israel was invaded by five Arab armies, a short volume titled Maana al-Nakba (later translated as The Meaning of the Disaster) appeared in Beirut to popular acclaim. The author was Constantine K. Zurayk, a distinguished professor of Oriental history and vice president of the American University of Beirut.Irwin Cotler: To combat antisemitism, we must first agree how to define it
Zurayk was the wunderkind of the Arab academic world. Born in Damascus in 1909 to a prosperous Greek Orthodox family, he was sent off at 20 to complete his graduate studies in the United States. Within a year he had obtained a master’s from the University of Chicago. One year later, he added a Ph.D. in Oriental languages from Princeton. He then returned to Beirut and the American University.
Zurayk soon became one of the leading advocates of the liberal, secularist variant of Arab nationalism. After Syria won its independence in 1945, he was chosen to serve in the new nation’s first diplomatic mission in Washington, D.C., and also served with the Syrian delegation to the United Nations General Assembly.
Zurayk’s book reflected the sense of outrage among the Arab educated classes over the 1947 UN partition resolution and the creation of the Jewish state. Zurayk’s anger was even more personal, since he had participated in the UN deliberations on the Palestine question. His 70-page book then became a reference point for future pro-Palestinian historians and writers. Yoav Gelber, a prominent Israeli historian of the 1948 war, cited Zurayk’s work when he told me he didn’t think there was much new in Arafat’s 1998 Nakba Day declaration. “The Nakba was at the basis of the Palestinian narrative from the beginning,” Gelber said. “Constantine Zurayk coined the phrase in 1948.”
In previous writings about the Israeli–Palestinian conflict, I wasn’t able to comment on Zurayk’s book. A limited-edition English translation of Maana al-Nakba appeared in Beirut in 1956, but it was never published in the United States. It was only recently that I found a rare copy in a university library and finally read the real thing.
It was not what I expected. The Meaning of the Disaster actually isn’t about the tragedy of the Palestinian people. According to Zurayk, the crime of the Nakba was committed against the entire Arab nation—a romantic conception of a political entity that he and his fellow Arab nationalists fervently believed in. And, it turns out, Zurayk was no champion of an independent Palestinian state.
In an introductory paragraph, Zurayk writes about “the defeat of the Arabs in Palestine,” which he then calls “one of the harshest of the trials and tribulations with which the Arabs have been afflicted throughout their long history.” Zurayk’s only comment about Palestinian refugees is that, during the fighting, “four hundred thousand or more Arabs [were] forced to flee pell mell from their homes.” (All italics added.)
Zurayk predicted that all Arabs would continue to be threatened by international Zionism: “The Arab nation throughout its long history has never been faced with a more serious danger than that to which it has today been exposed. The forces which the Zionists control in all parts of the world can, if they are permitted to take root in Palestine, threaten the independence of all the Arab lands and form a continuing and frightening danger to their life.”
The IHRA definition provides examples of both forms of antisemitism. The examples addressing older forms include stereotypes of Jews as controlling the media, world governments and the economy. Examples of newer forms include denying the Jewish people their right to self-determination and holding Jews collectively responsible for the actions of the State of Israel.Gil Troy: Moral idiocy: Academics fuel Palestinian terror against Israel - opinion
These latter examples have provoked some opposition, with opponents alleging that the IHRA definition will stifle criticism of the actions of the Israeli government, as well as advocacy for Palestinian human rights. This claim is as misleading as it is unfounded.
In fact, distinguishing between what is and what is not antisemitic enhances and promotes free expression and peaceful dialogue. In particular, the IHRA definition explicitly states that “criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic.”
Accordingly, the definition serves to protect speech that is critical of Israeli policy — which I have myself engaged in — so long as it does not cross the delineated boundaries into antisemitism. Conversely, using this definition, genuine antisemitism, such as those examples listed above, can be defined and recognized.
The IHRA definition therefore sets the parameters for a healthy, democratic, tolerant debate and dialogue. It fosters non-hateful communication, and prevents both actual instances of antisemitism as well as unjust labelling of antisemitism. In doing so, it aligns with Canadian values of equality, diversity and human rights.
My hope for 2023 is that the Canadian jurisdictions that have not yet adopted the IHRA definition of antisemitism will do so, and that the ones that have adopted it begin to implement and use it. The IHRA definition is an indispensable resource in helping to identify, recognize and define antisemitism, and adopting it is the critical first step towards Canada’s collective effort to combat the rising tide of antisemitism.
Imagine the hate required to overrun fellow humans at a bus stop. Imagine the super-sized evil required to keep accelerating when you notice six- and eight-year-old brothers standing there, innocently chatting with their dad. And imagine the perversity involved in celebrating such murders. Friday proved – again – how deep anti-Jewish demonization has been drilled into too many Palestinian hearts, deforming their souls.
Until the world acknowledges this wickedness – which on Friday ended three lives – more such murderers will be mass-produced – with Western dollars, progressive encouragement, and, in modern Jewry’s sickest trend, some Jews’ validation too.
Too many Blame-Israel-Firsters discount this cultivated ugliness which mocks their delusions that peace will descend once Israel retreats, creating a Palestinian dictatorship – er, state – next door. These pie-in-the-skiers keep deciding that Palestinian abominations confirm Israeli iniquity. They theorize that only desperate individuals driven by evil “occupiers” would act so viciously.
Jews have often been blamed for their enemies’ enmity. This Palestinian addiction to violence, however, reveals more about the killers than those killed.
This, the real cycle of violence, with Palestinian rejectionism and antisemitism fueling terrorism, poses the biggest obstacle to peace. The terrorist rot infects Palestinian identity. Contrast Israel’s army, which will abort legitimate missions to minimize civilian casualties, with Palestinians’ death cult, which targets kids and often blackmails the most vulnerable Palestinians into terror.
The Terrorist-Intellectual Complex
An academic recently challenged some other centrists and me for attacking the Netanyahu-Deri corruption yet ignoring the “occupation’s corruption.” Actually, I’m struck by many critics’ corruption, judging us long-distance through ivy-clouded lenses.
Their “Terrorist-Intellectual Complex” perpetuates violence. Palestinians keep deluding themselves that terrorism works, emboldened by ever-accumulating stacks of UN resolutions, academic treatises, “human rights” proclamations, and student petitions – amplified by retweets and likes.
Many have long noted that only intellectuals could figure out how to call themselves “progressive” while supporting sexist, homophobic, Jew-hating, murderers. Today, “woke” parents training their kids in self-abasement and cravenness to dodge confrontations, even in self-defense, nevertheless cheer Palestinians’ killing cult. And self-proclaimed “Social Justice Warriors” justify this most unjust movement, forgiving the Palestinian Authority and Hamas autocracies.
Judicial reform is a hot-button topic right now in Israel,
or at least the media wants us to think so. You can practically hear the
slavering of journalists on the left as they write their reports. They paint
the new right-wing Israeli government as “far-right” and even criminal, and
pretend that the “mass” protests are massive.
NPR,
for example, pretends that the Israeli government wants to reverse Supreme
Court decisions:
The most controversial element of the proposal would give the government the power to override the Supreme Court and, with a simple majority vote in parliament, re-legislate any law that the Supreme Court strikes down as an unconstitutional infringement on rights and freedoms.
In fact, the exact opposite is true. The High Court has the
power to override any and every action, law, or decision made by duly elected government
officials. Israel has no written constitution, but a set of basic laws with
semi-constitutional status. The basic law regulating
Israel’s judiciary includes a section marked “Judicial review of acts of
government - section 15(d)(2)” which states:
This section of the Basic Law authorizes the HCJ to order state and local authorities and officials, (including other persons carrying out public functions under law), to act or refrain from acting in the lawful exercise of their functions, including if they were improperly elected or appointed. This section reflects the major traditional role of the HCJ; exercising judicial review over the standard operations of the executive branch, when it acts according to its statutory authority.
In practical terms this means that the High Court rules the
country, and not the government. There’s almost no point in voting—and many
Israelis no longer do. Because the government doesn’t decide policy. That
remains within the purview of the court.
NPR, in other
words, has it exactly backwards. It’s not that the government wishes to
overturn Supreme Court decisions, it’s
the other way around. The Israeli High Court rules by fiat. The elected
government of Israel is prevented from reflecting the will of the people.
A right-wing government, for example, may okay a settlement,
but the High Court will always countermand that decision. Israelis on the right
do and don’t understand this: we think that if we vote for a Smotrich or a Ben
Gvir, the right-wing government we elect may actually enact right-wing policy,
for instance build new settlements or declare sovereignty over Judea and
Samaria. But without judicial reform, the hands of Smotrich and Ben Gvir are
tied. There is not a thing they can do that the court cannot reverse, and the
court is dedicated to preventing the enactment of right-wing legislation and
policy despite the will of the electorate.
Writing for Fathom,
Russell A. Shalev explains that:
Israel is unique among Western democracies – it has a self-appointed judiciary that is at the same time legislator, executive as well as drafter and creator of Israel’s constitution. This enormous power functions without any effective checks, balances or supervision. As a result, reforms that have been discussed for close to three decades are coming closer to fruition.
Well, actually not. As of this writing, efforts to reform
the Israeli judiciary have already stalled
(and will likely grind to a halt, if history is any indication):
The coalition has decided to postpone the preliminary vote on the controversial "Deri Law" and freeze the legislative process on one out of two versions of the "Override Law," coalition whip MK Ofir Katz announced in the Knesset plenum on Wednesday, marking a possible turn towards negotiation with the opposition over the government's highly contested judicial reforms.
The effect of judicial reform would be to rein in the court,
and put the power instead into the hands of the government and those who voted
for it. This, of course, does not sit well with those who voted against our current government, and
their response has been to protest in supposedly unprecedented numbers, which
are not actually unprecedented at all. From Daniel
Greenfield:
The media and assorted opponents of Israel’s current coalition are hyping the leftist rallies in Tel Aviv against the government’s judicial reform efforts as being unprecedented.
They’re not.
While Israel is a small country, getting 100,000 protesters, on any side, to take to the streets is really not very hard.
Greenfield brings several examples of previous protests that
topped that number. Perhaps the most striking example goes back almost a
decade:
Even the haredim, who comprise only about 13% of the overall population, managed to turn out some 250,000 in 2014 to protest against government school regulations.
The right to protest, of course, is the cornerstone of any
democracy. Which makes it ironic that any Israeli would protest against
judicial reform. Back in 1998, Evelyn Gordon
wrote a lengthy piece about Israel’s judiciary for Azure, against the backdrop of attempts by the High Court to
squelch debate and dissent:
In August 1996, two haredi newspapers published editorials highly critical of the Israeli Supreme Court and its president Aharon Barak, assailing the court's increased involvement in matters outside its traditional purview. The editorials triggered a torrent of denunciations from Israel's political, legal and journalistic establishments: Complaints were filed with the police against the papers and their editors charging them with sedition, incitement and defamation of the court; there were calls in some quarters for the papers' closure, while prominent politicians from almost every party vied to produce the most vicious castigation of the crime. Then-finance minister Dan Meridor, in a typical example, branded the editorials "a severe incitement campaign that is unprecedented in the state's history, aimed at damaging not only senior justices but at undermining the basic values of society and the public's confidence in the justice system."
After a brief lull, the issue resurfaced in late November, when an interview appeared in which Dror Hoter-Yishai, chairman of the Israel Bar Association, blasted the court for its intrusion into matters that were properly the province of the Knesset. Again, across-the-board denunciations were accompanied by police complaints and demands that Hoter-Yishai be removed from his chairmanship of the Bar and his position on the government committee that appoints judges. The Bar's Ethics Committee recommended that he face disciplinary charges on account of his remarks.
The Israeli public is probably unique in the sanctity it affords its judiciary, and in its bilious intolerance to attacks on the court. Yet it is not for disrespect of the judiciary that many other democracies, most notably the United States, have assiduously protected debate over judicial activism. The question of the judiciary's proper role in explicating the basic values and principles that shape a nation is of vital importance to any democracy-especially one such as Israel, whose governmental structure is still somewhat in flux, and whose Supreme Court has over the past two decades dramatically increased its involvement in public life. By suppressing debate on one of the most vexing questions of democratic theory today, the political, legal and journalistic communities managed to bilk the Israeli public of one of its founding democratic privileges-the ability to define the role and powers of the institutions of government.
Anyone who wants to understand the issue of judicial reform
in Israel, would do well to begin with a thorough reading of Gordon’s essay.
Gordon makes it clear that Israel is not alone in its efforts to determine
where the rights of the courts should begin and end:
While there is a broad consensus in western democracies about the legitimacy of judicial review-the right of courts to overturn laws that expressly violate a written constitution, or to annul government decisions that contradict laws-there is no such agreement on whether courts should be allowed to overturn laws or government decisions that violate principles whose protection under the law is only implicit.
In most of the western world, the debate over court activism has been held not only in scholarly journals of jurisprudence, but in the political arena as well. In the United States, for instance, activist Supreme Courts have been the source of controversy for over a century. In 1857, the famous Dred Scott decision prohibiting Congress from outlawing slavery in the western territories became a major political issue that featured prominently in the 1860 presidential elections. Republicans and abolitionists denounced the decision as "the greatest crime in the judicial annals of the Republic" and "entitled to just so much moral weight as would be the judgment of a majority of those congregated in any Washington bar-room." President Abraham Lincoln blasted the court's activism in his first inaugural address in 1861:
[T]he candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government to that eminent tribunal.
Europe, too, is no stranger to the problem of judiciary
overreach, and has had to anticipate how the courts will react to legislation
and adjust its policies, accordingly.
Elsewhere in the democratic world, judicial activism-which at one time was considered a uniquely American phenomenon-has increasingly come to characterize the behavior of high-level courts. As one scholar has pointed out,
[J]udges in the United Kingdom are increasingly involved in reviewing the discretionary acts of the administrators of a wide variety of government programs, contrary to their tradition.... French and German legislators and executives now routinely alter desired policies in response to or in anticipation of the pronouncements of constitutional courts, and ... member states of the European Community are beginning to alter domestic policies as a result of rulings of the Court of the European Community.... In Russia the legislative-executive confrontation over the constitutional distribution of authority and Boris Yeltsin's economic policies regularly wended its way in and out of the Constitutional Court....
Gordon goes on to explain the issue of justiciability, or “the
determination of whether a particular question is capable of being settled by
court action.” Originally, says Gordon, justiciability was defined narrowly in
Israel, “such that wide areas of government
policy were simply considered beyond the court's purview.”
But then things got out of hand:
In the mid-1980s, the Supreme Court, under the stewardship of President Meir Shamgar, undertook to ease substantially the restrictions on standing and justiciability. In the landmark 1986 Ressler case, for instance, the court agreed to hear a petition against the exemption from military service that yeshiva students had traditionally enjoyed. Petitions had previously been filed twice on this issue, and both times the court had ruled that the matter was not justiciable. In 1986, however, a three-judge panel including then-justice Aharon Barak held that the issue was justiciable, while rejecting the case on its merits.
At about the same time, the court issued a landmark ruling on standing limitations. In 1987, Citizen Rights Movement MKs Shulamit Aloni and Dedi Zucker petitioned the court against the justice minister's refusal to extradite William Nakash to France, where he was wanted for the murder of an Arab. Justice Menachem Elon, in his dissent, upheld the court's traditional position that the petitioners had no standing. However, the other four justices, led by President Shamgar, asserted a new standard: Since no one else in the country had a more direct interest in the case, and it was a matter of genuine public interest, the court would hear the petition. Since these rulings, the erosion of standing and justiciability restrictions has continued unabated.
Gordon predicted that the argument over the rights of the
courts versus those of the government would continue for decades:
Israel has reached the stage where it can ill afford to stifle the judicial activism debate. Yet last year, Israel's leading public figures demonstrated an eagerness to do just that. But the topic has at long last been broached, and the nation now finds itself at a crossroads, compelled to decide whether the values underlying the laws of the land will continue to be decided by a small group of unelected judges, or whether such vital questions will be returned to the public forum. Few decisions will be more fateful in determining the shape of the country over the coming decades.
In hindsight, twenty-six years later, Gordon’s words appear prophetic. What was true in 1998 remains true today—even if the names of the main characters in the debate over judicial overreach and reform have changed. Today’s protests against judicial reform are just more of the same. And it’s all engineered by Israel’s version of the “old boys club,” the unelected judges who oppose the democratically-elected government of Israel, and its electorate, at every turn.
Buy the EoZ book, PROTOCOLS: Exposing Modern Antisemitism today at Amazon! Or order from your favorite bookseller, using ISBN 9798985708424. Read all about it here! |
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Buy the EoZ book, PROTOCOLS: Exposing Modern Antisemitism today at Amazon! Or order from your favorite bookseller, using ISBN 9798985708424. Read all about it here! |
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Buy EoZ's book, PROTOCOLS: EXPOSING MODERN ANTISEMITISM
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The Apartheid charge, the Abraham Accords and the "right side of history"
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