Thursday 12 July 2012

A fair deal for the freiers



Speaking at an improvised press conference former Prime Minister Ehud Olmert was obviously pleased. The Jerusalem District Court had just acquitted him of bribery charges in two separate corruption cases. Not withstanding the fact that the judges found him guilty in a third case on a lesser count of breach of public trust while serving as minister of trade and industry, didn’t mar his triumphant mood.  In another corruption case  being heard by a Tel Aviv court, Ehud Olmert was charged with accepting a bribe to promote the construction of various housing projects, including the vast Holyland complex in Jerusalem. To a large extent the prosecution in the latter case relies on an unreliable witness.
The Wall Street Journal considered Olmert’s exoneration sufficiently newsworthy to deserve a detailed report.
The paper mentioned that, “Mr. Olmert's resignation in late 2008 led to the cutoff of the last round of active peace negotiations between Israel and the Palestinians and forced a general election that brought Prime Minister Benjamin Netanyahu's right-wing coalition government to power.” Let’s not  rush to conclude that had he not resigned we would be enjoying the benefits of a peace settlement with the Palestinians. Admittedly both Olmert and Mahmoud Abbas claim their talks had reached an advanced stage, but Middle East analysts conjecture that Abbas like his predecessor, the late Yasser Arafat, wouldn’t have gone the extra furlong.
At the   extemporised gathering by the Jerusalem district court  Olmert summed up the four year long trial quoting a onetime political mentor, the late Menachem Begin, “ There are judges in Jerusalem! “ words Begin used in a different context.
This week Prime Minister Benyamin Netanyahu probably wondered if he would regret his decision to   appoint an investigating panel to examine land use issues in the West Bank, .
The Prime Minister and his Likud  party sought legal authorisation for the settlement project in Judah and Samaria, namely a counter to the Sasson Report..
Although the extant Sasson Report  on unauthorised settlement outposts has been gathering dust for the past seven years, it still haunts the corridors of government.
The report commissioned by then-Prime Minister Ariel Sharon, a staunch settlement champion, was compiled by former state prosecutor Talia Sasson and presented in March 2005. It concluded that Israeli state bodies had been discreetly diverting millions of shekels to build West Bank settlements and outposts  that were illegal under Israeli law..
The report mentioned 150 communities in the West Bank with incomplete or nonexistent permits.  At the time the Sasson Report created shock waves in Israel, for it represented legal confirmation of Sharon’s controversial political decision to dismantle the outposts erected during his tenure as prime minister. In the end, however, virtually no outposts were dismantled—despite a written commitment by the Israeli government to the Bush administration to do so
Daniel Kurtzer a former United States ambassador to Egypt and Israel, currently Professor in Middle Eastern Policy Studies at Princeton University's Woodrow Wilson School of Public and International Affairs, saw fit to comment on the findings of  Netanyahu's "outpost committee (panel)" in an article published in The National Interest.
He noted that the  three member panel  comprising former Israeli Supreme Court justice Edmund Levy, a former district court judge and a former foreign-ministry legal adviser   had conceded that a substantial amount of building in the West Bank (Judah and Samaria), including the establishment of about one hundred outposts between 1991 and 2005, was unauthorised. However, the committee continued somewhat disingenuously, that since these illegal activities were carried out “with the knowledge, encouragement and tacit agreement of the most senior political level . . . such conduct is to be seen as implied agreement.” "It seems," says Kurtzer, "The committee has no problem with illegal actions by citizens as long as a senior government official winks, nods and joins in the activity. So much for the rule of law."
"The committee has turned logic, law and Israeli Supreme Court precedent on its head, declaring that Israeli settlement activity in the territories occupied by Israel since 1967 is not illegal and advising the Israeli government to legalize retroactively settlements and outposts previously deemed to have been constructed outside the framework of Israeli law. This is a stunning action with enormous consequences, a serious example of “uncommon nonsense. ” A reference to Lewis Carrol's "Alice in Wonderland"
“Well, I never heard it before, but it sounds uncommon nonsense.”
At this juncture I want to enter a middle of the page footnote. In this country we have a tendency to label everyone making sure to stress his or her political affiliations. Edmund Levy is a dyed-in-the-wool Likudnik. Talia Sasson is a self-declared member of Meretz.  Neither expressed their political views while they were in public service. Sasson’s left-wing sympathies might have influenced her approach to the settlement issue when she prepared her report, but she was meticulously careful to provide legal justification for her recommendations. On the other hand, Judge Levy's recommendations appear to be made-to-order.
Kurtzer sums up the debate over the two reports, " There is a saying in the Middle East that an issue is not dead until it is dead and buried; Sharon’s government killed the Sasson report, and now Levy’s committee has recommended burying it."
So far Talia Sasson has not commented on the Levy committee's findings, however Kurtzer said, "Sasson has stressed, in private correspondence, that the Levy committee has contradicted more than four decades of Israeli law and policy, which has applied the principles of the Fourth Geneva Convention and the Hague Regulations to the occupied territories, albeit stopping short of formally recognizing their applicability.
The Levy committee’s assertion of 'administrative assurance,' that is, the complicity of government officials in supporting settlement activity even when that activity contravened the law, is one of the most troubling aspects of the report. Under such circumstances, citizens in a democracy should expect that government officials who place themselves above the law would be held accountable, not that their activities would be explained away or condoned. Equally, the Levy committee’s recommendation that the outposts and settlement construction completed under these circumstances be legalized retroactively is chillingly Orwellian—as though to say it was wrong and illegal
to engage in the activity, but it will now be made right and legal. One normally expects better from an Israeli democracy that, in the past, has enshrined the rule of law."
Kurtzer obviously senses Netanyahu's dilemma.
"Soon the Israeli cabinet will have to consider the Levy committee recommendations, and it is coming under pressure from its right-wing base to adopt the report as policy. This would be most unwise, not only because of its impact on whatever small chance still exists to find a way forward to a political agreement with the Palestinians but equally importantly for what it will say about Israel’s commitment to the rule of law. Even before the cabinet’s consideration, the Israeli attorney general must decide whether to approve it, and this is not certain; when the committee was formed, Attorney General Yehuda Weinstein reportedly warned the prime minister that he probably would not approve the committee’s report. Assuming Weinstein follows through, it would be a wise course of action to declare this committee’s report dead on arrival and buried.
But the greater the settlers’ victory, the less likely it is that anything will come of the report. All the ministers affiliated with the right have been demanding that the report be brought for approval to the Ministerial Committee on Settlement. But in the two weeks since the report landed on Prime Minister Netanyahu’s desk, his people have been trying to reduce expectations, with the excuse that “Netanyahu is still studying the report.”
The primary problem facing Netanyahu is to be found in the semantic debate over the concept of occupation. Netanyahu can’t, nor does he want to, put forward a government resolution that Israel is not an occupier of the territories. Such a resolution would have far-reaching diplomatic consequences, while even those on the right know it would not have any practical effect.
On the other hand, if he divides the report into sections and brings only certain ones to the cabinet for ratification, Netanyahu will be perceived by the right as accepting that Israel is an occupying force. The main message coming from the top is that the report will “inspire” certain changes, but will not be adopted in its entirety.

As usual there's no dearth of news in this country. Having to deal with Ehud Olmert's acquittal and the ramifications of the Levy committee recommendations in the same week  is time-demanding..
In addition we have plenty of unresolved open issues on the week's agenda.
One of them that probably will remain with us for some time to come is the military draft reform protest I mentioned last week. The demonstrators assembled in the Tel Aviv museum square carrying placards, banners  and signs of various shapes and sizes. Many of them bore a clear blatant statement "We are not freiers."  The Hebrew Language Academy  records the colloquial use of the word freier but rightly denies it formal recognition.
According to Dr. Linda-Renee Bloch of Bar-Ilan University the word was  brought to these shores by Yiddish speakers. She says the word has Germanic roots, exists in other languages, including Russian, German, Polish and Romanian. In some of them, its meaning is completely different. Even in other places where it describes someone whom others can easily fool, the concept of freier is not a cultural symbol like it is in Israel. Even the English word "sucker" doesn't quite serve as an accurate translation.
The demonstrators assembled in the square ( as many as 50,000 according to The Times of Israel) and the  nationwide sympathy for their struggle to bring about a fairer sharing of the defence burden caused the prime minister to change his mind again regarding the Plesner report. Initially he supported the proposal “ with minor changes.” 
Leading Haredi (ultra-Orthodox) rabbis and politicians continued their frontal assault against legislation to conscript yeshiva students into the army, as the working group drawing up the new law prepared to finalise the draft bill.
The legislation, which Kadima leader Shaul Mofaz, Kadima , Knesset member Yohanan Plesner and Strategic Affairs Minister Moshe Ya’alon (Likud) are drafting, may or may not be  be presented later this week. On the other hand  renewed pressure from the Haredi parties could cause Netanyahu to change his mind again. Accepting the Plesner draft proposal alienates the Haredi parties. However, a Supreme Court order requires that new legislation correcting the defence burden disparity has to be presented to the Knesset by the end of the month. In the meantime Netanyahu’s bureau chief is busy explaining his boss’ zigzagging

Have a good weekend.



Beni                                                    12th of July, 2012.
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