Showing posts with label far-left propaganda. Show all posts
Showing posts with label far-left propaganda. Show all posts

Tuesday, July 10, 2012

How Pinkwashing Critics Go Wrong: Why I oppose the new move to boycott Israel


Advocates of boycott, divestment and sanctions (BDS) have ratcheted up charges that Israel and American LGBT groups are attempting to “pinkwash,” or deflect attention from, Israel’s mistreatment of Palestinians by mounting programs in the US about the country’s many gay rights achievements.  BDS forces in the anti-pinkwashing campaign call for boycotting events with visiting Israeli Jewish LGBT activists, even succeeding in shutting down several recent events in Seattle.  
 
Arthur Slepian is a gay American Jew who founded a group called A Wider Bridge, which seeks to build stronger ties between the LGBT communities of Israel and North America.  A Wider Bridge was the lead sponsor of the Israeli LGBT leaders’ two-week West Coast visit with their American counterparts.
Slepian has just published a landmark essay in Tikkun,An Inconvenient Truth: the Myths of Pinkwashing,” now the single most-read article in Tikkun online.   Read it here

His essay explodes the top five myths of pinkwashing, sparking a volley of critical responses from four prominent pinkwashing opponents.  
But the critics miss the mark, misrepresenting Slepian's arguments, attacking easy straw man versions instead.  And some continue to show a blatant disregard for the facts, making leaps of illogic that would astound the trapeze artists at Cirque du Soleil.  
______________________________________________

A few examples of how Slepian's critics get it wrong:  
1.   Pinkwashing as the new straw man of the BDS movement.  Columbia University professor Katherine Franke declares that not only the Israeli government and American LGBT and Jewish groups, but the Obama administration too is guilty of pinkwashing.  How so?  Because it supposedly uses its “good gay rights record” to deflect attention from its other “objectionable policies… like using drones to execute civilians.”  This only seems to confirm Slepian’s observation that anti-pinkwashers are reminiscent of those who once saw “communists” under every bed.  They see pinkwashing everywhere, even where it isn’t.
2.    Israeli gay rights can’t be separated from Palestinian human rights?  Slepian never suggests, as his critics suppose, there weren’t some connections between the African-American civil rights movement and opposition to the Vietnam war.   Saying the two can be separated isn't the same as saying that they have no relationship at all.  The disproportionate fatality rate among black soldiers in Vietnam, rectified only in the later phases of the war, reflected discrimination against African-Americans versus whites in the draft and in combat roles.  

Slepian did maintain that we were right to celebrate civil rights advances pushed forward by the Kennedy, Johnson and Nixon administrations, even as these same administrations were prosecuting a war in Indochina that many considered wrong (if not immoral).  By the same token, we should celebrate gay rights advances in Israel even though its government is maintaining what many view as an immoral occupation, and committing human rights abuses against Palestinians.  Boycotting civil rights programs supported by the US government over Vietnam would have been a mistake, much it is equally objectionable to boycott gay rights programs supported by the Israeli government because of the occupation.
3.  The Israeli government doesn't fund visits to the US of Israeli speakers or artists who oppose the occupation and its mistreatment of Palestinians?  Then there’s Wendy Elisheva Somerson’s claim that it’s “unlikely that any of the [Israeli Jewish LGBT activists visiting the US] would speak out against the Occupation on a tour being financed by the Israeli government,” despite much evidence to the contrary.
A case in point:  In late June, anti-pinkwashing protesters disrupted the introduction to a San Francisco screening of Israeli filmmaker Yariv Mozer’s documentary “The Invisible Men,” which cast a critical light on harsh Israeli government policies towards gay Palestinian men seeking asylum in Israel.                                                                                                                                                    “When [Mozer] tried to say something counter to the protest, someone in the audience spoke up and said, ‘That wasn’t aimed at you.’ He very forcefully replied ‘Yes it was. My film was partially funded by the Israeli government, my visit here was funded by the Israeli government. I am a leftist and I oppose many of the policies of my government, but I am proud to be an Israeli, and calls for boycott are wrong.’”

Somerson assures us that “Anti-pinkwashing activists [just] want to include the voices of queer Jewish Israelis and Palestinians critical of the Occupation.”    Why then don’t they, together with the Jewish and Palestinian groups they support, help sponsor more events that highlight the lives and struggles of LGBT Palestinians, instead of working to boycott and shut down programs with visiting Israeli Jewish LGBT activists?    Why not build instead of tearing down?  


4.  Truth, and going too far.   Still, neither side in this debate has a monopoly on truth.   Anti-pinkwashing advocates do have important things to say about the suffering of West Bank Palestinians living under Israeli rule.  They offer reasonable and valid critiques of real, as opposed to imagined, misuses of Israel’s gay rights record and the demonization of Palestinians, Arabs and Muslims by the Israeli and American Jewish right. 
But all too often they foul their case by painting with far too broad a brush, smearing everything in their path, doling out guilt by association.  Some of the key players who were involved in the cancellation of Israeli LGBT events in Seattle, and now participants in the Tikkun debate, are lead endorsers of the “Open Letter to LGBTIQ Communities and Allies on the Israeli Occupation of Palestine,” a manifesto for anti-pinkwashing activism released earlier this year.
Their appeals are burdened by extremist rhetoric, like calls for queer solidarity with the most radical, anti-peace factions of Palestinian refugees in Lebanon, Syria, Jordan and the occupied territories.  These groups agitate for realizing refugee demands to return to Israel, and do not represent moderate Palestinian voices in the West Bank. 
American queer Palestine solidarity advocates defend BDS tactics that are at best symbolic and ineffectual, and at worst counterproductive, likely to drive a fearful Israeli public further to the right.  
They embrace a Palestinian radicalism that confuses “full self-determination for Palestinians” with boycott, divestment and sanctions against Israel, an end to all US security aid to Israel now, and fulfillment of the “right of return” for Palestinian refugees.  (See the “Open Letter” which links to The Palestinian Civil Society Call for BDS - note especially the last three paragraphs.)  These are reckless steps which would undermine the only viable solution to the Israeli-Palestinian conflict – two states for two peoples – and turn Israelis away from taking risks for the difficult compromises which will have to be made for any chance at peace.  
Much as progressive Jewish groups like J Street, Americans for Peace Now and the New Israel Fund work to promote justice and peace for Israelis and Palestinians, while opposing calls to boycott, divest from or sanction Israel and those who do business with it, I believe that we can work for equality for Palestinians, Bedouin and Jews in Israel, for a just Israeli-Palestinian peace and an end to Israel’s occupation while resisting efforts to quash public dialogue with Israeli Jewish LGBT leaders visiting the US
Global BDS “tends to penalize collectively academics, artists and others who actually oppose the occupation, while leaving untouched those responsible for Israel’s most destructive decisions,” as the New Israel Fund so eloquently showed in A Leftist’s Critique of BDS.   Now add to that list the many Israeli Jewish LGBT heroes who are fighting for equal rights for gay Israelis and Palestinians.  
Anti-pinkwashers insist that they aren’t trying to silence Israeli Jewish LGBT leaders visiting the US or their American supporters.  They say they’re merely trying to broaden the conversation.   
But their actions are hard to distinguish from censorship, and the one-dimensional caricatures of Israel by many “Palestine solidarity” people, both straight and gay, are deeply troubling.   That’s why I can’t support so much of what the anti-pinkwashing Global BDS Movement says and does.    There are decent and effective ways to combat occupation and injustice.   This isn’t one of them.

I'm proud to stand with A Wider Bridge and its allies in the LGBT community in Israel in their struggle for equality and inclusion for LGBT Israelis. 

Wednesday, February 20, 2008

Assassinating Terrorist Kingpins: Successful Counterterrorism or Opening the Gates of Hell?, Gidon D. Remba

The assassination last week in Damascus of Imad Mugniyah, the notorious Hezbollah arch-terrorist, raises anew the long-swirling controversy over the practical efficacy, wisdom and moral justification for the Israeli and American counter-terrorism strategy of targeted killing. Israeli news correspondent Ronen Bergman offered the following trenchant observation in “Bracing for Revenge” in the New York Times (Feb. 18, 2008):

"However much backslapping and Champagne-cork popping may be going on in Tel Aviv and Langley, Va., the questions remains: Was it worth the effort and resources and the mortal risk to the agents involved? Few would deny that Mr. Mugniyah, who had the blood of many hundreds of Americans and Israelis, not to mention Frenchmen, Germans and Britons, on his hands, deserved the violent death that befell him, or that eliminating this top-flight mass murderer might prevent more death. But this act of combined vengeance, punishment and pre-emption might extract a far greater cost in the future

At Mr. Mugniyah’s funeral on Thursday, Hezbollah’s leader, Sheik Hassan Nasrallah, threatened to retaliate against Israel, saying, “Let it be an open war anywhere.”… Hezbollah has no doubt that it was Israel who eliminated its top terrorist, and once more it is bent on vengeance. As Hezbollah draws no fine distinctions between the United States and Israel, both nations, along with Jews around the world, might well have to pay the price for the loss of the man whose mystical aura was as important as his operational prowess.

In the immediate aftermath, Hezbollah has chosen not to respond with volleys of rockets aimed at Galilee, as many Israelis feared. But an inkling of how the group might respond can be found in the July 2007 statements of Michael McConnell, America’s director of national intelligence, expressing grave apprehension about Hezbollah sleeper cells in the United States that could go into action should the Americans cross the organization’s “red line.”

This line has now been crossed. Only the severest of countermeasures by the intelligence services of Israel and the United States will prevent last week’s assassination, justified as it was, from costing a vastly disproportionate price in blood."

I took the train today from New Jersey to Penn Station and saw the new signs at Amtrak and around the station informing passengers of the new security procedures: random checks of carry-on baggage, officers with automatic weapons and bomb-sniffing dogs patrolling platforms and trains. Having lived through mass terrorist attacks in Israel, it is clear to me that, reassuring though such steps might be, they are woefully inadequate. They remain a giant leap short of Israeli security practices in public places like commuter train stations. Moreover, the security holes remaining in the public transportation system are so large that one could almost drive an explosive-laden Mack truck through them. A determined terrorist—even a not-so-determined terrorist—can still carry a bomb into Penn Station’s main public areas through any of the non-secure trains linking from the tri-state area to Penn Station, or from the public entrances from 7th and 8th avenues, and wreak massive damage, killing dozens if not hundreds of people.

Trust me, I’m not giving the terrorists any ideas: they’ve done this countless times already in public places in Europe and in Israel. Innumerable security experts have been warning for years that we are long overdue for such attacks in the U.S. Now, the assassination of Hezbollah’s number two may well be the trigger which activates its sleeper cells in the U.S., pushing us off the cliff into the bloody hell of terrorist revenge on American soil.

U.S. government officials—federal, state and local—along with transportation authority leaders, still refuse to take the kinds of precautions which could save hundreds of innocent lives. These would entail, among other things, checking every passenger and parcel before he or she enters Penn Station and other mass transit points. It would vastly slow down our public transportation system, and snarl public commuting. I fear that we will take this highly inconvenient step only after we have sacrificed many more American lives.

Our current dilemma makes relevant once more an essay I wrote on the controversies surrounding targeted killing and assassination of terrorists in response to Steven Spielberg’s film Munich, titled Munich’s Moral Muddle: Steven Spielberg, Counterterrorism and Middle East Peace. There I show why, contrary to Spielberg (in his incarnation as the film’s director), and screenwriter Tony Kushner, state assassination of terrorists without trial is both moral and legal, and a necessary part of safeguarding our own human rights.

But I maintain that “Strong counter-terrorist efforts which are never followed by serious and sustained attempts to encourage Palestinian support for reconciliation with Israel, failing to exploit opportunities for peace, are misbegotten. Much the same is true of preemption which never knows when it is best to forbear the use of lethal force. Both condemn Israel to live by the sword forever, nurturing the cynical right’s self-fulfilling prophecies of doom.” Now what applies with regard to the targeted killing of Palestinian terrorists does not hold when it comes to the Lebanese Hezbollah. Nonetheless, might the assassination of Mugniyeh have been one more case in which it would have been wiser to forbear in the exercise of our legitimate right to employ preemptive force?



Munich’s Moral Muddle: Steven Spielberg, Counterterrorism and Middle East Peace
Gidon D. Remba



Excerpts Delivered as a Talk at Beth Emet The Free Synagogue, Evanston, IL


I. Spielberg’s Critique of Israeli Counterterrorism
II: The Historical Context: European Capitulation to Palestinian Terrorism after Munich
III. Targeted Killing and Jewish Ethics
IV. Just War, Terrorism and Preemptive Killing
V. Selective Criticism of Targeted Killings
VI. Spielberg’s Volte Face on Israeli Counterterrorism After Munich

I. Spielberg’s Critique of Israeli Counterterrorism

Steven Spielberg’s describes his film Munich as his “prayer for peace.” How so? Spielberg explained to the Los Angeles Times that answering aggression with aggression “creates a vicious cycle of violence with no real end in sight.” He has said much the same thing to Time magazine: “a response to a response doesn't really solve anything. It just creates a perpetual-motion machine.” And indeed the message of the film is that striking back with force against terrorism only breeds more terrorism—a war on terror only engenders terror—and compromises the very moral values which differentiate the counterterrorists from the terrorists themselves. Spielberg’s juxtaposition of the World Trade Towers at the end of the film is meant to generalize this message from the Israeli context to the US war on terror. But Spielberg’s message is either banal or misbegotten. His film offers little insight into the Palestinian-Israeli tragedy for navigating the moral maze of war and peace.

It is worth noting that since it is the Israelis in the Mossad hit team who undergo these epiphanies about the moral dubiousness of preventive or retributive killing—not the Palestinians—criticisms of the film which suggest that the Israelis are portrayed as morally equivalent to Palestinian terrorists are groundless. It is, after all, the Israelis who are portrayed as fastidious about avoiding civilian casualties, the Israelis, not the Palestinians, who exhibit moral compunctions about every use of lethal force, a fact which stands in stark contrast with the indiscriminate slaughter perpetrated by Palestinian Black September members at Munich. But the overriding message of the film is clear—and it is delivered in the voice of the protagonist, Avner, the leader of the Israeli team, and secondarily in the voices of those other members of his team who increasingly question whether killing terrorists, or suspected terrorists, can be squared with their Jewish moral values, and with whether it is even effective as a counter-terror tactic. The conclusion they clearly reach is that counter-violence, counter-force is futile, solves nothing, that counter-terror tactics like targeted killings or assassinations of suspected terrorists simply breed more terror and can’t lead to peace. Indeed, several of the hit team members conclude that what they have been doing is both inimical to peace, immoral and un-Jewish.

Indeed, Avner protests, “maybe we will just keep killing them forever,” suggesting that the killing may simply contribute to an endless killing cycle with no exit. His Mossad handler, Ephraim, assures him: “in the end this will help bring peace,” but Avner remains skeptical: “Everyone we killed has been replaced by someone worse, someone more violent and more militant than their predecessor. There is no peace at the end of this,” he cries.

Consider this crucial scene at the end of the film: Avner wonders aloud to Ephraim: maybe we should have arrested the suspected Black September terrorists, as Israel did with Eichmann, rather than assassinating them. And there may be some who will think that this was a realistic or practical option for Israel. But nothing could be further from the truth. The kidnapping of Eichmann and his abduction to Israel from a foreign country was a unique event, and would be extraordinarily difficult to repeat, let alone dozens of times in numerous European countries. Israeli agents would be at much greater risk of failure and would likely to be caught and arrested themselves in the countries in question, since they would be committing crimes in those countries and violating their sovereignty.

II: The Historical Context: European Capitulation to Palestinian Terrorism after Munich

The sad truth is that we live in a world in which there is no serious international willingness to arrest, try and punish under law the terrorists who murder Israeli civilians. It was embarrassing how true this was in the period after Munich, when the Germans pusillanimously freed the three surviving captured Palestinian terrorists, in what many justifiably believe was a staged airplane hijacking by Black September designed to give the German government a pretext to free them from their Bavarian jail—and it remains largely true to this day. Upon learning of the “hijacking” of the Lufthansa jet only weeks after Munich, on October 29, 1972, the German government immediately acquiesced to the terrorists’ demands, without even informing the Israeli government. German Chancellor Willy Brandt explained that he “saw no alternative but to yield to this ultimatum and avoid further senseless bloodshed.” (Aaron J. Klein, Striking Back: The 1972 Munich Olympics Massacre and Israel’s Deadly Response, pp. 127-8; Simon Reeve, One Day in September, p. 155, 156-159)

Simon Reeve reports: “The Palestinians had warned the government in Bonn that they would launch a wave of bombings and hijackings against Lufthansa unless the three Munich survivors were released. The ‘hijacking,’ according to German, Palestinian and Israeli sources, was a compromise agreed to by senior figures in the German government.” When Ulrich Wagner, a senior aide to German interior minister Hans-Dietrich Genscher, “was asked point blank and on camera what he thought of the alleged German-Palestinian scheme, he replied, ‘Yes, I think it’s probably true.’” (Klein, p. 128) Wagner continued: “The German government thought that they could negotiate with the terrorist[s] and could convince them that they would give them money and something else to get rid of them…But of course it was the wrong way, no question, because when one case is solved in this way other cases will come.” (Reeve, pp. 157-8)

And come they did. On August 5, 1973, two Palestinians “produced submachine guns and grenades in the departure lounge at Athens airport and began blazing away at what they thought were Jewish passengers leaving Greece for Israel…There was carnage as they sprayed bullets indiscriminately…The departure lounge was a bloody mess, with the dying and seriously wounded screaming for help.” Three people were killed outright, a fourth died later in the hospital, and fifty-five passengers were wounded. The Palestinian terrorists were “caught, convicted and then promptly released by the Greek government when terrorists hijacked a Greek ship in Karachi and used them as bargaining chips.” (Reeve, pp. 199-200)

When Abu Daoud, the avowed mastermind of the Munich massacre, was arrested in France, he was quickly released “on a string of technicalities…after a perfunctory hearing lasting just twenty minutes.” (Reeve, p. 209) “The French authorities,” continues Reeve, “had been bribing and blackmailing terrorist groups to persuade them to avoid France during their attacks, and Daoud’s arrest by their officers threatened their delicate game…France chose to release Abu Daoud not only to protect itself from possible terrorist attacks but also because several Arab states threatened states threatened to withdraw deposits of cash totaling more than $15 billion—money from oil sales—that were stored in French banks. The morning after Daoud’s release, France also signed a deal with Egypt for the sale of two hundred Mirage jets…When the news of Daoud’s release was broadcast on radio and television there were near-riots in Tel Aviv…Even US President Jimmy Carter said he was ‘deeply disappointed.’” (Reeve, pp. 209-210) Much the same thing happened in Italy, as recently recounted by former Mossad chief Zvi Zamir: after arresting Palestinian terrorists who were about to fire Strella missiles at an El Al plane from an apartment overlooking the runway at Rome’s Fiumicino airport, “the Italians gave in and released” the terrorists when “a few months later the Palestinians hijacked a plane.” (Yossi Melman, “Preventive Measures,” Ha’aretz, Feb. 17, 2006).

The faked Lufthansa hijacking enabling the Germans to free the three surviving Palestinian Munich murderers little more than a month after the massacre of the Israeli Olympic athletes “produced astonishment and rage in Israel,” notes Aaron Klein. Prime Minister Golda Meir later said with evident disgust: “I think that there is not one single terrorist held in prison anywhere in the world. Everyone else gives in. We’re the only ones who do not.” (Reeve, p. 158) Golda had resisted the urgings of Israeli military and intelligence officials to hunt down and assassinate those responsible for the Munich massacre. The German release of the Munich murderers was for her “the last straw.” Facing German and European cravenness, she consented to the counter-terror plan.

In the absence of real international cooperation to track down, arrest, try terrorists for their crimes against humanity in courts of law—rather than only using such venues selectively to advance the agenda of national liberation movements against Israeli or Western leaders considered war criminals while giving a free pass to their own barbarians—and to mete out proper judicial punishment to the guilty, countries like Israel and the US often have no choice but to take preemptive or preventive action themselves. And that means killing terrorists and their accomplices before they can strike again, often on the basis of intelligence information that would be insufficient to convict a terrorist of murder in a court of law beyond reasonable doubt. Even were there a concerted international effort to punish terrorists post factum, it would remain necessary to use lethal force to preempt and interdict terrorists in an effort to prevent acts of mass killing, particularly the many undeterrable terrorists who are prepared for martyrdom if only they can inflict mass casualties on their victim population.

When Israel in 1960 abducted Eichmann from Argentina to stand trial in Israel for genocide against the Jewish people, Argentina convened the UN Security Council and charged Israel with violating its sovereignty by committing an act of illegal force on its soil. It was the Soviet representative to the UN who, representing the apparent consensus of member states, responded: “By omitting to take measures for the timely arrest and extradition of Eichmann as a war criminal” Argentina had violated its international legal obligations. (Thomas M. Franck, Recourse to Force: State Action Against Threats and Armed Attacks (Cambridge University Press, 2002, p. 112-114). Following Munich, it is equally apparent that Germany and other European states who capitulated repeatedly to terrorist threats and hijackings, released convicted mass murderers, and bribed Palestinian terror groups to avoid their territory, failed to fulfill their fundamental legal and moral obligations, leaving Israel with no recourse but to use force to punish, deter, disrupt and prevent, to whatever extent possible, the ongoing terrorist activities of Black September and those Palestinians who aided and abetted it.

III. Targeted Killing and Jewish Ethics

Spielberg in his commentary, and in the film itself, attempts to send a resoundingly negative message about the value, both moral and practical, of using force against terrorism. Instead he offers (in a Time magazine interview) that “The only thing that's going to solve this is rational minds, a lot of sitting down and talking until you're blue in the gills.” As a veteran peace advocate who has long championed Palestinian-Israeli negotiations, I find Spielberg’s nostrum singularly unhelpful and inapt. Yes, negotiations are sorely needed to “solve” the Palestinian-Israeli conflict—indeed they are well-advised right now not only with the Palestinians but with other Arab states, as Amos Oz suggests. [1] But that is not the question at hand.

The question rather is what to do now, and what was to be done then, about those who slaughter Israelis indiscriminately in the name of a political cause. “Munich” never ponders whether negotiations must sometimes be preceded by the just use of lethal force. The solution to Palestinian terrorism, much like the solution to the broader problem of Islamic terrorism, their differences notwithstanding, requires the use of both wise military counter-terror means and a foreign policy which dries up support for terror and provides viable alternatives to violence. The findings of the 9/11 Commission leave no room for doubt: success in the war on terror “demands the use of all elements of national power” including “a preventive strategy that is as much, or more, political than it is military.”

Spielberg’s screenwriter, Tony Kushner, has his Golda Meir justify Israel’s new targeted killing policy in the film thus: “Every civilization must negotiate compromises with its own values.” This suggests that Jewish values would prohibit the preemptive or retaliatory killing of suspected terrorists, but that practical necessities require Israel to flout those moral and religious norms. Kushner’s comments in Newsweek suggests that in his view targeted killings are indeed antithetical to morality: he refers to “the conflict between national security and ethics” as if ethics requires nonviolence and national security impels one towards immoral violence. But there are deep problems with this conception of Jewish ethics, and of morality in general. The dichotomy Kushner erects is meant to recapitulate the conflict between egoism and altruism writ large on a national scale. Those who act out of “national security” motives are the egoists, acting solely, or primarily, in the self-interest of their own co-nationals, their fellow citizens in the state whose security is at risk; while those who act out of “ethics,” for Kushner, value the rights of others so much so that they refrain from harming the other. It is the ethical ones, for Kushner, who engage only in respectful dialogue and negotiations over justice with their enemies and refrain from force of any kind. The ethical one, in sum, is drawn to an altruistic pacifism and nonviolence, while the national security actor acts violently and immorally from egoism and the demand for collective self-protection.

But consider this account of morality from a Jewish point of view put forth by Ahad Ha’am, the founder of cultural Zionism, and the difference he identifies between Christian and Jewish concepts of the ethical:

In an essay on “The Character of Judaism,” Ahad Ha'am maintained that the most fundamental principle of Jewish ethics—“You shall love your neighbor as yourself” (Leviticus 19:18)—does not teach us to love our neighbor more than ourselves, but as much: “The true meaning of the verse is: ‘Self-love must not be allowed to incline the scale on the side of your own advantage; love your neighbor as yourself, and then justice will necessarily decide, and you will do nothing to your neighbor that you would consider a wrong if it were done to yourself’… Judaism cannot accept the altruistic principle; it cannot put ‘other’ in the center of the circle, because that place belongs to justice, which knows no distinction between ‘self’ and ‘other’…” (Ahad Ha'am, "The Character of Judaism," (1910), in Simon Noveck, ed., Contemporary Jewish Thought: A Reader (New York: B'nai Brith Department of Adult Jewish Education, 1963); originally published as "Between Two Opinions").
While we may question whether Ahad Ha’am has fairly depicted Christian morality as purely altruistic—it was, moreover, Catholic theologians like Augustine and Aquinas who made seminal contributions to the development of just war moral thinking—from Ahad Ha’am we learn that we have duties not only to others but to ourselves, and that we must seek to balance these duties by way of principles of justice. Some acts of self-respect and self-preservation are expressions of our moral responsibility to ourselves and our own communities, even if they may harm others. We must turn to principles of justice to understand which acts of self-protection are morally mandated, and which are violations of what justice requires.

Second, there is indeed a Jewish moral basis for the preemptive killing of a prospective murderer in the Talmud—“If a man comes to kill you, you kill him first” (Sanhedrin 72a), a notion which is hardly in conflict with Jewish values, as Spielberg and Kushner suggest. The Munich massacre occurred within the context of an ongoing worldwide Palestinian terror war against Israel. “They hijacked planes, assassinated Israeli diplomats, and sent letter bombs all across the European continent,” notes Aaron Klein. In May 1972 alone, Palestinian terrorists hijacked a Sabena airlines flight from Brussels to Tel Aviv, demanding the release of Palestinians imprisoned in Israel, while the PFLP recruited members of the Japanese Red Army to commit an indiscriminate massacre at the arrivals terminal of Lod International Airport in Israel, killing twenty-six people and wounding seventy-six others. Palestinian terrorists had again and again risen to kill Israeli Jews, and there was no doubt that after Munich they would continue to do so.

IV. Just War, Terrorism and Preemptive Killing

In contrast to the standard context for preemptive killing or preemptive war, in which “peacetime” or an absence of armed conflict prevails between the two states until one party commits a preemptive act of war, Israeli preemptive killing of suspected terrorists has always occurred within the framework of an ongoing Palestinian war against Israel. Such acts are more akin to lawful reprisals committed after an armed conflict has already begun. Indeed, “‘defensive retaliation’ is justified when its prime motive is protective,” in the view of many legal scholars of the laws of war. “To be defensive, and therefore lawful, armed reprisals must be future oriented, and not limited to a desire to punish past transgressions.” (Yoram Dinstein, War, Aggression and Self-Defence (Cambridge University Press, 2001), p. 199).

Former Mossad chief Zvi Zamir insists that “We were not engaged in vengeance. We are accused of having been guided by a desire for vengeance. That is nonsense. What we did was to concretely prevent terrorism in the future. We acted against those whom [we] thought would continue to perpetrate acts of terror…There is no defense without an offensive foundation….we viewed this as part the defensive alignment and deterrence that would put an end to open Palestinian terrorism in Europe. And I think that in the war which developed in the wake of Munich, we succeeded in putting an end to the type of terror that was perpetrated.” (Ha’aretz, Feb. 17, 2006) To be sure, one element in Israel’s motivation was surely a desire for retribution. But as Dinstein notes, “the motives driving states to action are usually multifaceted, and a tinge of retribution can probably be traced in every instance of response to force. The question is whether armed reprisals in a concrete situation go beyond retribution.”

Third, and most important, there is a crucial difference between pacifism and the just war traditions, between the endorsement of just but limited uses of force versus the view that all uses of force, and all wars, are immoral and unjust. In the pacifist schema, violence and peace are absolute polar opposites. But advocating peace, a just peace, does not require a pacifist stance against all violence or use of military force. In my view, those who take a just war approach to the use of force are the most responsible and the true advocates of peace and justice. But Spielberg’s film falls on the wrong side of this crucial distinction, confusing pacifism with peace, implicitly endorsing blanket opposition to the use of lethal force in self-defense—including anticipatory or preemptive self-defense—against those involved in murderous acts against innocents. The responsible peace advocate will instead embrace a more judicious way of criticizing inappropriate acts of force which at the same time recognizes the right of democratic states to engage in certain uses of lethal force.

I believe that the criteria for determining when an act of force is just must be redefined in the new era in which we live wherein Israel, European nations, the U.S., Australia and others are faced with asymmetrical warfare on the part of guerrillas, insurgents and terrorists. The characteristics defining such warfare include that
1. the agents of such forms of warfare against states are typically non-state groups;
2. they use stealth and do not identify themselves as combatants, refraining from wearing military uniforms;
3. they often engage in attacks against innocent civilians, often committing acts of mass murder.
In catastrophic acts of terror—like 9/11, or like the attempted bombing by Palestinian terrorists a few years ago of Israel’s largest fuel processing plant, near Tel Aviv, and another near Ashkelon, thousands, even tens or hundreds of thousands of innocent lives are at risk. When terrorists begin to use non-conventional weapons—as there is good reason to believe they will in time—the loss of innocent life could be unimaginable, especially in the case of a small nuclear bomb in a major urban area. Graham Allison, the founding dean of Harvard’s Kennedy School of Government and director of Harvard’s Belfer Center for Science and International Affairs, concludes his remarkable book, Nuclear Terrorism: The Ultimate Preventable Catastrophe (Henry Holt, 204) with the warning that if policymakers in Washington keep doing what they are currently doing about the threat, a nuclear terrorist attack on a major American city is inevitable in the next decade. At the same time, if we and other nations take necessary and appropriate steps, the ultimate catastrophe is also preventable.

If liberal democratic states do not have the right to engage in acts of lethal force for the purpose of deterrence and prevention, taking preemptive steps against those we have good reason to hold responsible for committing murderous acts against their citizens, then democracies have no effective right to self-defense to protect their citizens against such atrocities given the inherent advantages which guerrilla, terrorist or insurgent combatants have against states and against vulnerable civilians in open societies like ours. The steps democracies should take to prevent such catastrophic terrorism are wide-ranging, but they must include the judicious use of preemptive killing of suspected terrorists.

Moreover, we may accept the legitimacy of preemptive killing of suspected terrorists without necessarily embracing a broader philosophy of preventive war. But it is clear that many contemporary observers have come to recognize that there is a

"fundamental problem with the existing UN-based rules governing the use of force. These rules are based on two key principles that were the product of a particular era, the end of World War II and the start of decolonization: first, that states are sovereign equals, and second, that they should not interfere in each other’s internal affairs. The changes in the international environment of the past six decades have eroded the applicability of these foundational principles and thus rendered the rules based on them untenable." (Ivo Daalder and James Steinberg, in “The Future of Preemption,” The American Interest, Winter 2005).

But in a world in which state sovereignty is being eroded by a wide range of forces, and in which unprecedented threats to human life and well-being have emerged, the traditional UN “concept of the international system no longer accords with the world as it now exists. That means that the rules regulating the use of force must be adapted to the world we do live in—a world in which sovereignty is increasingly conditional on how states behave internally, and in which the need to intervene in the internal affairs of states is growing accordingly…[T]he problem with the Bush strategy has been less the concept of preventive force itself,” conclude Daalder and Steinberg, “than its near-unilateral application to achieve very ambitious—perhaps too ambitious—ends. Unilateral preventive wars of regime change should be relegated to the past. But circumstances will undoubtedly arise in the future in which policymakers will want to have the option of using force preventively—be it to kill terrorists, prevent weapons proliferation, halt genocide, stop the spread of deadly diseases, or deal with other kinds of danger. The proper task, then, is not to bury the concept, but to make it a more limited and more legitimate tool for addressing evolving security threats.”

Daalder and Steinberg maintain that

"a state’s failure to prevent internal developments that threaten people in other states implies that the responsibility to do so also falls on the international community. And the most effective way to commute that responsibility will often involve preventive action of some kind, up to and including military action. Indeed, the most effective way to defeat many of the new threats is to act before they are imminent—before enough fissile material has been produced to make nuclear weapons; before weapons in unsecured sites or deadly diseases in laboratories have been stolen; before terrorists have been fully trained to hatch their plots; before large-scale killing or ethnic cleansing has occurred; and before a deadly pathogen has mutated and spread sickness and death around the globe. Of course, in many of these cases military intervention is not the only or the preferred means for dealing with an emerging threat. There are often good alternatives…At the same time, the threat of force and the actual use of force will sometimes be necessary. And when it is, it is often best used early.” (pp. 36-37)

V. Selective Criticism of Targeted Killings

Beyond its blanket objection to Israel’s counterterrorism policy, “Munich” can also be understood as implicitly criticizing certain assassinations, like the killing in Rome of Wael Zu’aytir, a poet and translator who had rendered the Arabic classic One Thousand and One Nights into Italian, the first Palestinian assassinated in the film. The film depicts him as not having had a hand in killing Israeli civilians, whether the Munich athletes or others, though we hear Ephraim justify every target to Avner as having been complicit in terrorism against Israelis. Klein states that in fact, Zu’aytir, “unlike many of those around him…denounced terrorism and violence.” (p. 119)
He believes that “Zu’aytir was not directly involved in the Munich massacre. It also seems unlikely that he had an indirect hand in the operation as a saya’an [a helper]. Uncorroborated and improperly cross-referenced intelligence information tied him to the support network of Black September in Rome. From there, a slippery slope led the politically active, low-level saya’an to the Mossad’s hit list. Looking back, his assassination was a mistake. Undoubtedly, it resulted from the genuine desire to neutralize those involved in the Munich Massacre and ‘hot’ operatives in the midst of preparing an attack. Zu’aytir was, at best, a small fish in a pond of sharks. But in the vengeance-laced atmosphere of September and October 1972, when the head of the Mossad proclaimed that the mysterious, bohemian translator had blood on his hands, no one was in the mood to dispute it.” (p. 123)

Klein notes that a wide range of Palestinians in Europe who had been involved in the “planning, execution and logistical operations tied to the massacre” were placed on the Mossad’s assassination list. “In the weeks after the massacre, dozens of Palestinian names, implicated by thin shards of intelligence at best, were passed back to Tel Aviv. There, they were almost automatically put on a secret database of targets. The Mossad and the intelligence community, with the backing of the public consensus and the parliament, were stretching the meaning of the term ‘terrorist involvement’ to the limit. Anyone vaguely connected to a terrorist organization or act was immediately placed on the top of a slippery slope; assassination waited below.” (p. 111) While the Mossad did target terrorists who were substantially involved in the Munich massacre, or in planning or executing new attacks against Israelis, it is clear now that some of those it killed were not truly complicit in terrorism against Israel.

Had the film stopped there, its criticism of targeted killings would have been selective, judicious and appropriate. A judicious approach to criticizing targeted killings, drawn from just war tradition and modern laws of war, would apply the same sorts of criteria in deciding when an armed reprisal is immoral or unlawful: “[E]ach measure of counter-force should be put to the test whether it amounts to legitimate self-defense (in response to an armed attack), satisfying the requirements of necessity [and] proportionality…” (Dinstein, p. 203) Dinstein, like Michael Walzer and William O’Brien, among many other scholars who have applied just war doctrine to the Palestinian-Israeli conflict, believes that some Israeli reprisals satisfy the criteria for just uses of force, while others do not. The same can be said for Israel’s assassinations. Each must be judged on its own merits.

Israeli governments can and should be criticized for having used this method at times irresponsibly, against the wrong people, including people who were innocent of complicity with the murder of Israelis and Jews; of having engaged in it at times and in ways that have sometimes have harmed the prospects for peace.[2] But from this it does not follow that targeted killings as a rule are inimical to a prospective peace. Aaron Klein concludes that overall, while some targeted killings have provoked acts of terror in the short term, “the numbers show a steep slide in the frequency of terror attacks against Israelis and Israeli institutions abroad from 1974 to the present.”

But the message that Spielberg and Munich seek to convey is that counter-terrorism solves nothing, begets more terror, and can’t lead to peace. Some targeted killings may indeed spur further retaliations, but the cumulative effect of a good counter-terror strategy is, and has been during several periods, the 80’s, 90’s and again in recent post-intifada years, to contribute to an overall disincentive to terror and to popular support for terror. At the same time, an effective counter-terrorism strategy must be accompanied by a very robust and generous set of political incentives to the Palestinian public to embrace moderation and the pursuit of peace talks with Israel, by far-reaching efforts to negotiate a peace agreement and on-the-ground changes which improve life for ordinary Palestinians. Strong counter-terrorist efforts which are never followed by serious and sustained attempts to encourage Palestinian support for reconciliation with Israel and to exploit opportunities for peace, are misbegotten. Much the same is true of preemption which never knows when it is best to forbear the use of lethal force. Both condemn Israel to live by the sword forever, nurturing the cynical right’s self-fulfilling prophecies of doom.

VI. Spielberg’s Volte Face on Israeli Counterterrorism After Munich

Having been subjected to widespread criticism for the moral message of Munich and for the politics he and Kushner attributed to the film in earlier interviews, Spielberg now insists that Israel was justified in waging its assassination campaign against Palestinian terrorists: He told Der Spiegel (January 26, 2006): “I believe that Israel’s prime minister had to respond to the monstrous provocation of Munich. Jews were being killed in Germany, and that at the Olympic Games. She could not let an act with such historic implications, such a gross transgression by the Black September movement, go unpunished. Munich was a national trauma for Israel. So in principle I think she did the right thing.” Now his revised view is that “A campaign of vengeance, even though it may contribute towards deterrence and preventing terror, can also have unintended consequences.” He draws our attention now to the damage such a campaign may wreak on the human beings who engage in assassinations: “It can change people, burden them, brutalize them, lead to their ethical decline. And even Mossad agents do not have water flowing through their veins.”

According to the new Spielberg, we are now to understand Avner’s disaffection with Israel, his abandonment of his country and his Mossad vocation, as nothing more than the dehumanizing consequences of combat on an individual, not as emblematic of the moral status of the State of Israel’s counter-terrorism policies. But can Spielberg have it both ways? The new Spielberg would have us believe, as he told Newsweek, that “’Munich’ never once attacks Israel”, and that “it barely criticizes Israel’s policy of counter-violence against violence.” Leon Wieseltier’s response to Spielberg’s new view is apt: “The latter claim is preposterous, as anybody who has seen Munich knows. The film’s very subject is the dubious moral legitimacy, and the dubious practical efficacy, of counterterrorism. If Munich is not about that, it is not about anything.” A repentant Spielberg, suddenly concerned with his image in the Jewish community, seems unwilling to stand by the principled criticisms of Israel’s counterterrorism policy that issue from his “prayer for peace.” As Wieseltier notes, “People should not engage the perplexities of morality and history if they are prepared only to be loved.”



RECOMMENDED READING

Two books offer far more historically reliable accounts than Spielberg’s film of Israel’s counter-terror campaign following the Munich massacre, and both read like thrillers: Aaron J. Klein, Striking Back: The 1972 Munich Olympics Massacre and Israel’s Deadly Response (Random House, 2005)

Klein, who is an officer in Israel’s Military Intelligence Branch, and Time magazine’s military and intelligence affairs Jerusalem correspondent, [from amazon.com] interviews over 50 former and current Mossad members, and appears to have uncovered considerable new information. The book is described by the publisher as “the first full account based on access to key players who have never before spoken, of the Munich massacre and the Israeli response…”

Simon Reeve, One Day in September: The Full Story of the 1972 Munich Olympics Massacre and the Israeli Revenge Operation “Wrath of God” (New York: Arcade, 2006)

For a more general history of Israeli intelligence and counter-terrorism:
Ian Black and Benny Morris, Israel’s Secret Wars: A History of Israel’s Intelligence Services

Recommended Articles:
1. Edward Rothstein, “Seeing Terrorism as Drama With Sequels and Prequels,” New York Times, December 26, 2005
2. Walter Reich, “Something’s Missing in Spielberg’s ‘Munich,’” Washington Post, January 1, 2006
3. Michael Kotzin, “‘Munich’ As a Post-Zionist Tale,” http://www.juf.org/news_public_affairs/article.asp?key=6667
4. Leon Wieseltier, “Steven Spielberg Bravely Confronts His Fundamentalist Critics,” The New Republic, February 2, 2006
5. Pauline Yearwood, “‘Munich’: Is Spielberg’s New Movie Good for the Jews?”, Chicago Jewish News cover story, January 1, 2006, presents a wide range of views about the film and its ideas in interviews with various Jewish commentators.

On the Jewish and Christian just war traditions, and law and morality in war, see:

1. Alan M. Dershowitz, Preemption: A Knife That Cuts Both Ways (Norton, 2006), which attempts to develop a jurisprudence or philosophy of preemption for our contemporary political world; unsurprisingly, the challenges facing Israel play a central role in Dershowitz’s thinking.
2. Yoram Dinstein, War, Aggression and Self-Defence (Cambridge University Press, 2001), by Israel’s leading scholar of the laws of war.
3. Yoram Dinstein, The Conduct of Hostilities under the Law of International Armed Conflict (Cambridge University Press, 2004)
4. William V. O’Brien, Law and Morality in Israel’s War With the PLO (Routledge, 1991), a classic and still highly relevant application of just war thinking to Israel’s counter-terrorist operations prior to Oslo.
5. Michael Walzer, Just and Unjust Wars: A Moral Argument with Historical Illustrations (Basic, 1977), a highly readable volume on the just war tradition, with several examples pertaining to Israel;
6. Michael Walzer, “War and Peace in the Jewish Tradition,” and Aviezer Ravitzky, “Prohibited Wars in the Jewish Tradition,” in Terry Nardin, ed., The Ethics of War and Peace: Religious and Secular Perspectives (Princeton, 1996);
7. Albert Vorspan and David Saperstein, “The Jewish Tradition and the Gulf War,” in their Tough Choices: Jewish Perspectives on Social Justice (UAHC Press, 1992).

[1]“I think Israel would be advised to terminate the occupation through an agreement or a settlement that, if it can't be made with the Palestinians at this moment, should be made with the member states of the Arab League. I believe termination of the Israeli occupation is urgent, and is in Israel's best interests and can be implemented as a part of an Israel-Arab comprehensive agreement.” Amos Oz interview, The Nation (online) “Curing Fanaticism” by Jon Wiener, February 1, 2006.

[2]Aaron Klein observes that after Munich, Israel often went after Palestinian diplomats in Europe who were not directly responsible for the Munich massacre or for acts of terrorism against Israelis, simply because they were largely unprotected and accessible, whereas the real perpetrators of Munich—those few who survived and those involved behind the scenes in planning and orchestrating it—were living in third world countries with much protection so that Israel found it virtually impossible to go after them. (There was one notable exception to this rule, the 1972 commando operation against several prominent Palestinian terrorist masterminds in Beirut by the IDF’s special anti-terrorist force, Sayeret Matkal, in which the young Ehud Barak played a prominent role.) But this was the exception that proved the rule.

Sunday, January 28, 2007

CARTER'S PALESTINE: Badly Flawed with a Large Kernel of Truth, Gidon D. Remba, Israel Horizons, Meretz USA Quarterly Magazine, Winter 2007

CARTER’S ‘PALESTINE’: Badly Flawed with a Large Kernel of Truth
by Gidon D. Remba

Serious factual errors mar ex-president’s analysis.

PALESTINE: PEACE NOT APARTHEID by Jimmy Carter, Simon & Schuster, 264 pages, $27.

REVIEW
As Published in Israel Horizons, Meretz USA Quarterly Magazine, Winter 2007

http://meretzusa.blogspot.com/2007/01/carters-palestine-review-by-gidon.html

President Jimmy Carter advocates many of the same constructive policies endorsed by moderates on the Zionist left and center in Israel and the American Jewish community: a negotiated Palestinian-Israeli peace under the rubric of the Road Map and the Geneva Initiative, two states for two peoples, an end to the expansion of settlements and the occupation of the West Bank.

Nevertheless, his book is replete with major errors of fact, all systematically biased against Israel. Although Carter himself is no Israel hater, at times he does an uncanny impersonation of one, unfailingly showing deep sympathy for Palestinian perceptions, while displaying little understanding for Israeli attitudes or needs.

Apartheid and Separation Barrier

Before reviewing Carter’s troubling errors, we must give the former president his due. Even with his biases and blunders, Carter unearths a moral truth that many Jews find difficult to face. Carter describes Israel’s 40-year occupation of several million Palestinians in the West Bank as a form of “apartheid.” Despite Carter’s insistence that Israel within the Green Line is a liberal democracy, his use of this word has provoked outrage in the American Jewish community.

Yet many Israelis and American Jews recognize Carter’s kernel of truth. It was, after all, Israel’s own Ehud Olmert, while still Sharon’s deputy prime minister, who warned in 2003 that within a few years Jews risked becoming a minority controlling an Arab majority in the land between the Jordan and the sea. If Israel did not soon leave much of the West Bank and Gaza Strip, it would be forced to choose between remaining a Jewish state and a democracy. Eventually, Ariel Sharon himself grudgingly endorsed this view.

Carter concedes some of the salient differences between South African apartheid and what he terms Israel’s “abominable oppression and persecution in the occupied Palestinian territories, with a rigid system of required passes and strict segregation between Palestine’s citizens and Jewish settlers in the West Bank.” He understands that “apartheid in Palestine is not based on racism but the desire of a minority of Israelis for Palestinian land and the resulting suppression of protests that involve violence.”

But Carter’s analogy breaks down in his claim that Israel is constructing an “encircling barrier,” a “segregation wall,”by which it is imposing on the Palestinians a “forced separation” into “Bantustans.” For Carter, this separation recalls the original meaning of the term apartheid – which literally means “apartness” in Afrikaans – segregation, domination and disenfranchisement. Carter writes that “the area along the Jordan River ... is now planned as the eastern leg of the [Israeli] encirclement of the Palestinians....” Yet this proposal to build an “eastern fence” was unceremoniously discarded by Israel some years ago, as reported widely in the Israeli and international media. Still, Carter contends that the eastern barrier is an operative plan. He even includes a map entitled “Palestinians Surrounded 2006” which depicts the fictitious “Proposed Segregation Wall” along the Jordan River, and a vast swath of the Jordan Valley which he labels “Area of Planned Israeli Settlement Control.”

Carter regards all Israeli withdrawal plans from the West Bank that are not total as evidence of bad faith. He overlooks the fact that Olmert is not proposing to withdraw from only 40-50 percent of the West Bank and to annex the rest, as Sharon did. The barrier’s present route places some 9.5 percent of the West Bank on the Israeli side, leaving over 90 percent on the Palestinian side.

Carter misrepresents American jurist Thomas Buergenthal's opinion on the International Court’s ruling against Israel's separation barrier, claiming that his dissent was based largely on "procedural grounds." In fact, Buergenthal objected to the Court's denial of Israel's right to take action in defense of its citizens.

Doug Cassel, director of the Center for International Human Rights at the Northwestern University School of Law, among other legal experts, regarded the decision as “one-sided and imbalanced,” noting that it “virtually ignores the terrorist attacks on Israel, which led to the construction of the barrier.” According to Cassel, the Court’s "lack of evenhandedness prompted protests by four of the 15 judges – from Britain, Japan, the Netherlands and the United States." And its ruling ran counter to the spirit of the resolution adopted by the UN General Assembly on Israel’s barrier, which called on the Palestinian Authority “to undertake visible efforts on the ground to arrest, disrupt and restrain” terrorist individuals and groups, and confirmed the right of all states, including Israel, “to counter deadly acts of violence against the civilian population.”

International Law

Carter often cites international law as a basis for a just peace. But on this conflict, he cites international law only when it serves his argument, casting it aside when it doesn't. Carter lumps together Israel’s attacks on terrorists with acts of terror against Israeli civilians: "The killing of noncombatants in Israel, Palestine, and Lebanon by bombs, missile attacks, assassinations, or other acts of violence cannot be condoned." These words fail to distinguish ticking bombs and civilians taking part in hostilities — like launch squads in Gaza or Lebanon preparing to fire rockets into Israel, guerrillas who have lost their civilian noncombatant immunity under international law — from Palestinian, Lebanese and Israeli civilians who do not participate in combat and thereby qualify for protection. Article 51(3) of the 1977 Additional Protocol of the Geneva Convention is clear: “Civilians shall enjoy the protection afforded by this section, unless and for such time as they take a direct part in hostilities.”

Carter further conflates the unintended deaths of noncombatant civilians, permitted under the laws of war if the combatant is making reasonable efforts not to harm them, with deliberately targeting civilians with the aim of maximizing harm, as Palestinian suicide bombers and rocket squads always intend.

Despite his record as a humanitarian and an advocate of peace, Carter does not call for an unconditional end to Palestinian "suicide bombings and other acts of terrorism." Instead he says that "It is imperative that the general Arab community and all significant Palestinian groups make it clear that they will end suicide bombings and other acts of terrorism when international laws and the ultimate goals of the Roadmap for Peace are accepted by Israel."

To be sure, Carter does condemn suicide bombings as morally reprehensible and politically counterproductive for the Palestinians. But he is not prepared to demand a cessation of such heinous acts, which are war crimes, until Israel ends its own violations. Carter's position is at variance with the laws of war, which do not permit one party to commit war crimes on the grounds that the other party is already committing them, or in response to political injustice. Under international humanitarian law, both sides have an independent and unconditional duty to obey the laws of war.

Blame Israel Only

In his concluding summary, he states that "there are two interrelated obstacles to permanent peace in the Middle East" – as if the Palestinian-Israeli conflict were the only source of conflict in the entire region:
"1. Some Israelis believe they have the right to confiscate and colonize Palestinian land and try to justify the sustained subjugation and persecution of increasingly hopeless and aggravated Palestinians; and
2. Some Palestinians react by honoring suicide bombers as martyrs to be rewarded in heaven and consider the killing of Israelis as victories.
In turn Israel responds with retribution and oppression, and militant Palestinians refuse to recognize the legitimacy of Israel and vow to destroy the nation."

Israel's occupation, in Carter eyes, is the primary cause of the conflict, and Palestinian suicide bombings are simply a reaction to Israeli injustice. Indeed, Carter says outright that “Israel’s continued control and colonization of Palestinian land have been the primary obstacles to a comprehensive peace agreement in the Holy Land.”

But Palestinian rejectionism preceded Israel's occupation and is an independent cause of the conflict. Such violent rejectionism will not evaporate when the occupation ends, but it would be easier to combat if the moderates have won the day.

There are also errors of omission in Carter's book, which are invariably biased against Israel. For example, Carter's chronology omits any mention of the firing of more than 600 rockets by Palestinian militants into southern Israel during the months between Israel's Gaza disengagement and the abduction of Gilad Shalit.

Carter says that "the Palestinians have accepted the Road Map in its entirety, but the Israeli government announced fourteen caveats and prerequisites, some of which would preclude any final peace talks." I agree with Carter that Israel's objections to the Road Map were intended to prevent its implementation so that Sharon could proceed with his unilateral plans. Still, the Palestinians also had major objections to the Road Map and have completely failed to live up to its most central near-term requirement on their conduct: making a sustained effort to disarm terror groups and enforce a truce.

As the US has stated many times, both sides are obliged to fulfill their commitments under the Road Map regardless of the performance of the other. Israel must dismantle the illegal West Bank settlement outposts regardless of whether the Palestinians have disarmed the terror groups, and the Palestinians cannot use Israel's failure to take serious action against the outposts as an excuse for inaction in fulfilling their security obligations.

Clinton, Hamas, Oslo

Carter claims that Barak gave "no clear response" to President Clinton's "final proposal," "but he later stated that Israel had twenty pages of reservations. President Arafat rejected the proposal" —a position which Carter justifies on the grounds that "no Palestinian leader could accept such terms and survive."

Yossi Beilin served in Barak's cabinet at the time. Beilin reports that "On December 28 [2000], at a meeting of the government, the [Clinton] plan was endorsed in principle together with permission to send reservations that had not been presented to the government for endorsement.... From that moment, the Clinton Plan embodied Israel's stance on the Palestinian-Israeli issue." (From “The Path to Geneva: The Quest for a Permanent Agreement 1996-2004,” p. 223.) Ross reports this as well in his memoir, “The Missing Peace” (pp. 754-5), as does Shlomo Ben-Ami, Israel's foreign minister at the time (see his “Scars of War, Wounds of Peace: The Israeli-Arab Tragedy,” p. 272). Ross adds that Israel's reservations were "within the [Clinton] parameters, not outside them."

Carter, who should know better from his experience as a mediator, ignores the fact that Clinton never asked Arafat or Barak to accept his plan unconditionally. Arafat was not obliged to accept its terms and risk his survival, as Carter suggests, misappropriating a line Arafat used at Camp David about an earlier proposal. In December 2000, Clinton simply asked both leaders to accept his plan as a basis for further negotiations towards a peace treaty. The Israeli government agreed to continue negotiating within Clinton’s parameters.

Carter claims that the famous Palestinian Prisoners' National Reconciliation Document "endorsed a two-state proposal." He says that "the prisoners' proposal called for...acceptance of Israel as a neighbor within its legal borders. It endorsed the key UN resolutions regarding legal borders...." But it did not even mention Israel let alone recognize it or endorse UN Resolution 242 or the Arab League peace proposal. Carter ignores Hamas’s repeated denials that its willingness to accept a Palestinian state in all of the West Bank and Gaza, as called for in this document, constituted a readiness for peace with Israel.

Here is the Americans for Peace Now’s analysis of the prisoners' document on this crucial point: "... in the introduction of the revised document—which the paper says must be considered as part of the whole initiative—it is stated that the document is being put forth 'on the basis of no recognition of the legitimacy of occupation.' Given that Hamas has considered all of Israel to be occupied territory, in addition to the West Bank and Gaza, it's unclear that the moderates have achieved any sort of compromise on this matter from Hamas.’ Indeed, one Hamas legislator, Salah al-Bardawil, told Reuters, 'We said we accept a state in 1967 — but we did not say we accept two states.'....”

Another misrepresentation is Carter's belief that "Withdrawal to the 1967 border [is] specified in UN Resolution 242 and ...promised in the Camp David Accords and the Olso Agreement and prescribed in the Roadmap of the International Quartet." Again, this is a misreading of key documents. It is widely known that UN Resolution 242 omitted the definite article in its English version, referring to "occupied territories" so as not to dictate Israel’s complete withdrawal to the 1967 borders in exchange for peace. Moreover, the resolution called for an eventual Israeli withdrawal to "secure and recognized borders" in exchange for peace, which would be the outcome of negotiations, not simply a restoration of the pre-war status quo ante.

The Oslo Accords actually say nothing about what the final borders will be, and the Road Map's call for a final peace treaty that will "end the occupation which began in 1967" does not mean that the withdrawal will be to the 1967 boundaries. In a final peace accord in which the parties define the final borders, they will agree that the occupation which began in 1967 has ended.

These borders will not be identical to the 1967 lines and Carter knows this. He talks of "mutually agreeable exchanges of land, perhaps permitting significant numbers of Israeli settlers to remain in their present homes near Jerusalem." He's not wrong on the big picture — the 1967 borders must be the basis for a negotiated land swap — but he fudges important details.

The book concludes with his recurrent blame-Israel-only refrain: "Peace will come to Israel and the Middle East only when the Israeli government is willing to comply with international law, with the Roadmap for Peace, with official American policy, with the wishes of a majority of its own citizens — and honor its own previous commitments — by accepting its legal borders." After Israel concurs, then "all Arab neighbors must pledge to honor Israel's right to live in peace under these conditions” and issue a firm “pledge to terminate any acts of violence against the legally constituted nation of Israel.”

The onus to make peace falls solely on Israel. Palestinians, for Carter, bear no share of responsibility for forging the conditions necessary for successful peacemaking.

GIDON D. REMBA is co-author of the forthcoming “The Great Rift: Arab-Israeli War and Peace in the New Middle East.” He served as senior foreign press editor and translator in the Israel Prime Minister’s Office during the Egyptian-Israeli peace process from 1977-‘78. His commentaries have appeared widely in the general and Jewish press and are available online at http://tough-dove-israel.blogspot.com/.

Monday, December 11, 2006

Carter's Palestine-Israel Book: It's Even Worse Than They Say, by Gidon D. Remba

Carter's Palestine-Israel Book: It's Even Worse Than They Say

Carter's top 10 misrepresentations reveal systematic anti-Israel bias and a Manichean view of the Palestinian-Israeli conflict

by

Gidon D. Remba

December 11, 2006
As published at Engage

A close reading of Carter's Palestine-Israel book leads to the inescapable conclusion: it's even worse than the critics say. The book is replete with major errors of fact, all systematically biased against Israel. Carter never makes a single factual error that works in Israel's favor, or against the Palestinians. He offers an abundance of misstatements and distortions that paint Israel black. Some of the most egregious have already been highlighted by others. But Carter's approach to the Palestinian-Israeli conflict is as one-sided as that of the Israel haters. Though Carter himself is no Israel hater, at times he does an uncanny impersonation of one, serving up a morality tale of Israeli demons and Palestinian angels forced to descend to hell by the depredations of the evil Israelis. Throughout the book Carter unfailingly shows deep sympathy for Palestinian perceptions, while displaying little understanding for Israeli attitudes or needs. The book suffers from a deep and uncritical pro-Palestinian bias that makes a mockery of Carter’s pretensions to fair arbiter and peacemaker.

Despite his grotesque misdiagnosis of the conflict, Carter advocates many of the same constructive policies endorsed by moderates on the Zionist left and center in Israel and the American Jewish community. This is hardly surprising. Even the Presbyterian Church managed to endorse the Geneva Initiative as a model for a final peace treaty while advocating their morally objectionable, unhelpful and one-sided divestment policy against Israel, while taking no concrete steps at first—and only token steps later—against those who support Palestinian terror. The Presbyterian embrace was by no means a discredit to the Geneva concept. It simply showed the Presbyterian leadership’s failure to grasp the spirit of Geneva, which calls for a Palestinian-Israeli dialogue based on mutual respect, not the demonization of one side and the use of economic boycotts against them. Carter's book reminds us that people come to pro-peace policy positions from very different places, and sometimes these places are not very sympathetic, even quite unfriendly, to Israel. Many others, after all, come to similar conclusions from a robust and deeply held commitment to Zionism and to Israel's security and well-being—including many who have devoted their entire lives and careers to Israel. Policies should be judged on their merits, not on guilt by association.

In what follows, I present ten major errors in Carter's book—serious distortions and misrepresentations of fact which add up to a systematic anti-Israel, pro-Palestinian bias and a Manichean view of the Palestinian-Israeli conflict. Peacemakers finesse the art of being at once pro-Israel and pro-Palestinian. Carter fails to live up to his self-appointed mission.

1. Carter Misreads International Law, Treating Palestinian Suicide Bombing and Israel's Targeted Killings with Moral Parity

Carter habitually cites international law as a basis for a just peace. But when he talks about the war conduct of the parties to the conflict, he ignores the laws of war, including the Geneva Convention, which he is happy to cite when useful for condemning Israeli conduct, but never when it is at odds with his own prejudices. He cites international law when it serves his purpose, casting it aside when it doesn't. This might be bearable had Carter offered a cogent (or any) moral argument for doing so, for rejecting the laws of war as morally inadequate. But he fails to do so. He simply side-steps whatever might be inconvenient for his case. Here is an example of the kind of pacifistic false parity of which Carter is fond: "The killing of noncombatants in Israel, Palestine, and Lebanon by bombs, missile attacks, assassinations, or other acts of violence cannot be condoned." This lumps together as morally equivalent all Israeli targeted killings of suspected terrorists with Palestinian suicide bombings of Israeli civilians. It fails to distinguish real ticking bombs—like Qassam launch squads in Gaza or Lebanon preparing to fire rockets into Israeli cities from Palestinian or Shiite residential areas, guerrillas who, by their deeds, have lost their civilian noncombatant immunity—from Palestinian, Lebanese and Israeli civilians who do not participate in combat and who therefore qualify for protection under the laws of war. Carter further conflates accidental unintended deaths of innocents which are permitted under the laws of war if the combatant is making reasonable efforts to attack a military target or combatant, and to minimize harm to civilians, as Israel often does, with deliberate targeting of civilians with the aim of maximizing harm to them, which Palestinian suicide bombers always seek.

2. Carter Misrepresents Israel's Plan for the Route of the Barrier, Painting Israel as Seeking to Encapsulate Palestinians into Bantustans in a Truncated Non-Viable State

Carter writes that "the area along the Jordan River, which is now planned as the eastern leg of the [Israeli] encirclement of the Palestinians, is one of Palestine's most lucrative and productive agricultural regions." (p. 195) American Jewish Committee Executive Director David Harris has noted that Carter's claim that Israel plans to build an eastern fence in the Jordan Valley to completely surround the Palestinian areas on all sides and turn them into Bantustans is false. The Israeli government never approved the early proposal for an eastern fence. The plan was unceremoniously tossed out some years ago, emerging still-born, as reported widely in the Israeli and international media. Yet Carter pretends that the eastern barrier is an approved and operative Israeli government plan, just like the barrier now going up in the western portion of the West Bank. He uncritically repeats common Palestinian propaganda, which I heard from many Palestinians when I visited the West Bank and East Jerusalem this past summer. Apparently no fact checking on this all-important point was necessary for Carter, as the noble innocent Palestinian victims of Israeli oppression and apartheid told him so, and that is always proof enough for him.

3. Carter's Evil Israeli "Segregation Wall"

Carter calls the separation barrier "the segregation wall" and accuses Israel of "imposing a system of partial withdrawal, encapsulation and apartheid on Muslim and Christian citizens of the occupied territories"—but he acknowledges that the "driving purpose for the forced separation of the two peoples is unlike that in South Africa—not racism, but acquisition of land." We should object first to the racial and racist connotations of calling the barrier a "segregation wall" (or "apartheid wall" as many Palestinians have dubbed it, but Carter does not use this actual term, even though the latter term is more than implied by his text). "Segregation wall" bears clear overtones from the terrible policy of racial segregation against blacks in the American south, belying Carter’s denials that Israeli apartheid in the West Bank has nothing to do with racism. Since Carter thinks Israel's barrier is equally unjust, representing ethnic-religious segregation against Muslim and Christian Palestinians by Israeli Jews, he has no problem with using this prejudicial term. "Separation barrier" is more neutral, whereas "segregation wall" is highly pejorative and implies a harsh moral absolutist condemnation of Israel's barrier. A well-informed and fair-minded view of the barrier would be more nuanced, and less black and white.

Carter continues to regard all Israeli withdrawal plans from the West Bank which fall short of a complete withdrawal, or something close to it, as bad faith Israeli schemes to impose apartheid-like inequality and to encapsulate the Palestinians in a suffocating Bantustan state. For Carter, the Israeli government cannot possibly have good intentions; nor might political and other constraints make a phased West Bank withdrawal necessary. Partial withdrawals always attest to the Israeli government’s nefarious schemes to subjugate the Palestinians and deprive them of their rights. Nor is Olmert proposing only to withdraw from 40% - 50% of the West Bank, and to annex the rest, as Sharon was in the early plan that bears his name, which would indeed have frozen the Palestinians for the long-term into a fragmented space, with little freedom.

Carter says that "the wall is designed to complete the enclosure of a severely truncated Palestine, a small portion of its original size, compartmentalized, divided into cantons, occupied by Israeli security forces, and isolated from the outside world." (p. 195) Carter ignores the fact that Israeli moderates and left-wing Zionists—in Meretz, Peace Now and among Labor doves and Kadima—favor the separation barrier (albeit in a route closer to the Green Line), but do not intend—nor will they allow— it to do any of the awful things Carter charges. Any actions taken by Israel to prevent arms smuggling and terror attacks against its citizens are not well-intentioned or apparently justified in Carter’s eyes; they exist only to isolate the Palestinians from the rest of the world. Peace can't be built around a better balance between Israeli and Palestinian rights, because only Palestinian rights really matter for Carter. For Carter, the barrier is evil incarnate. Carter is as much of a simplistic Manichean moralist as George W. Bush, and his preaching Sunday school moralism stems from the same religious zeal. In Carter's case that zeal is informed by different premises which lead him in a generally progressive direction rather than the militaristic path towards which Bush's religiosity leads him. But Carter's "progressivism" reminds us how, as the French say, les extrêmes se touchent: immoderate, zealous passion for the rights of just one side in a conflict (typically the side the moralist identifies as the underdog) can become oppressive, posing new obstacles to peace and reconciliation.

Carter continues with the certainty of a man to whom the Lord has spoken and who has no need of empirical fact: “It is obvious that the Palestinians will be left with no territory in which to establish a viable state,” he sermonizes, “but completely enclosed within the barrier and the occupied Jordan valley.” Nor does Carter trouble himself with checking such claims with those he accuses, or with affording them a fair chance to tell their side of the story. What is truly obvious is that for Carter the Israeli government—including the center-left government now led by Kadima and Labor—has nothing but ignoble intentions towards the Palestinians. That would be the Israeli government that the majority of Israeli citizens elected on a platform to end Israel's occupation of some 90% of the West Bank. Like Mearsheimer and Walt, Carter distinguishes, unpersuasively and artificially, between ordinary Jews and Israelis on the one hand, who are largely liberal and oppose such outrages, and their leaders—in Israel it's the government, in the US it's the Jewish organizational heads—who do little but place obstacles in the way of peace.

Carter misrepresents American Judge Thomas Buergenthal's dissent from the near-unanimous International Court opinion against Israel's separation barrier, claiming that the lone American dissent was based largely on "procedural grounds." In fact, Buergenthal had many substantive objections to the opinion rendered mostly by judges from countries who are unsympathetic to Israel and pro-Arab. Indeed, Buergenthal objected to the Court's wholesale denial of Israel's right to take action in defense of its citizens against acts of terrorism. Prominent international human rights experts, including Doug Cassel, Director of the Center for International Human Rights at the Northwestern University School of Law, and Buergenthal, have said that the opinion is “one-sided and imbalanced,” that it “virtually ignores the terrorist attacks on Israel, which led to the construction of the barrier,” and that its dismissal of Israel’s right to self-defense against terrorist attacks is “legally dubious” and based on an unreasonable construal of the rights of states to defend themselves that is inconsistent with the UN Security Council’s own resolutions. Carter further overlooks the fact that what Cassel terms the International Court's "lack of evenhandedness prompted protests by four of the 15 judges--from Britain, Japan, the Netherlands and the United States." (Doug Cassel, Chicago Tribune, July 25, 2004) The resolution adopted by the UN General Assembly on Israel’s barrier is more balanced, calling on the Palestinian Authority “to undertake visible efforts on the ground to arrest, disrupt and restrain” terrorist individuals and groups, and recognizes the right of all states including Israel “to counter deadly acts of violence against the civilian population.” Cassel notes that "The one-sidedness of the [International Court's] opinion thus undermined its effectiveness, not only in the U.S. and Israel--where reaction has been sharply critical--but even in Europe." The fate of Carter's book is likely to be much the same.

Carter claims that there are 375,000 Palestinians stuck on the "Israeli" side of the "wall." In fact, the modifications to the barrier's route that Israel is currently making as a result of a dozen lawsuits working their way through Israel's High Court will reduce the 20,000 - 40,000 West Bank Palestinians now left on the Israeli side to just 2,500 (according to statements made to me and an Americans for Peace Now delegation by Israel's Justice Minister in June 2006). One must add to that the 175,000 Palestinians with East Jerusalem Israeli resident identity cards; but the total number is significantly less than what Carter claims.

4. Carter's Blame-Israel-Only Approach: Palestinian Misdeeds Are Merely Reactions to Israeli Oppression

Here is Carter's Manichean analysis of the entire Palestinian-Israeli conflict in a nutshell. In his concluding summary, he states that "there are two interrelated obstacles to permanent peace in the Middle East"--as if the Palestinian-Israeli conflict were the only source of conflict in the entire region; forget the Sunni-Shia civil war in Iraq or in Lebanon, or Iran's role in promoting hatred, terror and extremism. Carter's two obstacles to peace are as follows:
"1. Some Israelis believe they have the right to confiscate and colonize Palestinian land and try to justify the sustained subjugation and persecution of increasingly hopeless and aggravated Palestinians; and
2. Some Palestinians react by honoring suicide bombers as martyrs to be rewarded in heaven and consider the killing of Israelis as victories.
In turn Israel responds with retribution and oppression, and militant Palestinians refuse to recognize the legitimacy of Israel and vow to destroy the nation."

Israel's occupation, in Carter eyes, is the primary cause of the conflict, and Palestinian suicide bombings are simply a reaction to Israeli injustice. Even Palestinian rejectionism sounds here as if it is merely a response to Israel's evils. This way of thinking had been roundly criticized when it infused the divestment resolution of the Presbyterian Church, which identified the Israeli occupation as "the root of evil acts committed." At the time, Rabbis for Human Rights published a strong response to this Manichean mindset, which is equally appropriate in response to Carter:
"Your resolution purporting to support the Geneva Initiative declares without reservation that the 'occupation…has proven to be at the root of evil acts committed against innocent people on both sides of the conflict.' Like you, we hate the Occupation, condemn it and work for its speedy end in a peace accord...Your simplistic declaration is inaccurate and inadequate to explain the situation in all its tragic moral complexity. It is not just that your resolution ignores the homicidal ideologies that have so sadly taken hold among some of our Palestinian neighbors. Nor is the problem that it averts its eyes from the attempts to destroy our country that transcend the Occupation and precede it by decades...You passed a resolution directed as a 'call …on the Israeli government,' describing the Occupation in a way that profoundly places Israeli sin alone at the heart of the situation....You ignore the incontrovertible fact that this catastrophe is the product of many causes and that there is guilt enough to share between all parties."

This rabbinic statement reminded us that Palestinian rejectionism preceded Israel's occupation and is an independent cause of the conflict. Nor will Palestinian rejectionism evaporate when the occupation ends, though it will be easier to combat if the moderates have won the day. As this Presbyterian-Jewish exchange unfolded, Carter clearly was not listening.

5. Carter Misrepresents Israeli and Palestinian Positions on the Road Map--Painting Israel as the Sole Obstacle to Peace

Carter says that "the Palestinians have accepted the road map in its entirety, but the Israeli government announced fourteen caveats and prerequisites, some of which would preclude any final peace talks." He prints Israel's reservations in an appendix, offering none of the many hateful screeds produced by extremist Palestinian groups, Hezbollah or Iran. But that would only overcomplicate Carter’s morality play and its easy plot line. (One of my favorites is a recent quote from a Palestinian militant in Gaza in the international media who confessed that the goal in firing rockets at the Israeli city of Sderot was to turn it into a “ghost town.” Had an Israeli made such a statement about using force against Palestinians, Carter would surely have accused Israel of threatening ethnic cleansing. Then there are the many peace-loving speeches of Hezbollah leader Hassan Nasrallah and Iranian leader Mahmoud Ahmadinejad promising to “eliminate the Zionist regime” and that Israel is but a “temporary country” that “should be wiped off the map,” a “rotten, dried tree” that will be annihilated by “one storm.” No room for these in Carter’s book.) After enumerating some of Israel's key reservations in the main text, Carter concludes that "the practical result of all this is that the Road Map for Peace has become moot." (p. 160) Once again it is Israel that is the entire obstacle to peace; the Palestinians contribute nothing to this outcome, and any contribution they make is merely a function of Israel's bad acts, which once stopped, would magically cease on the Palestinian side as well.

Not only is this one-sided blame-Israel-only style morally and politically objectionable, it is based on a perverse misreading of the facts. The claim that the Palestinians have accepted the Road Map in its entirety is quite simply false. Carter, with remarkable naïveté, takes at face value the claims of Palestinian spokespeople at the time the Road Map was announced. Such claims enabled the Palestinians to gain a short-lived propaganda victory, while the Israeli government was busy issuing reservations. But no one took such statements seriously, as if they represented the entire story--no one, that is, other than Carter and other unashamed shills for the Palestinians. The rest of us looked also at the conduct of both sides, at other things they said and did.

I agree with Carter that Israel's objections to the Road Map were intended to prevent it from being implemented so that Sharon could proceed with his unilateral plans. But the Palestinians also had major objections to the Road Map, and have completely failed to live up to its most central near-term (Phase I) requirement on their conduct--making a sustained effort to disarm terror groups and enforce a truce when renegade militias violate it. The Palestinians never intended to fulfill this element of the Road Map before the creation of a Palestinian state in the equivalent of 100% of the West Bank and Gaza and the realization of their other demands. They have regularly made clear, in both word and deed, that they objected to this obligation imposed on them by the Road Map. As the US has stated many times, both sides are obliged to fulfill their commitments under the Roadmap regardless of the performance of the other. Israel must dismantle the illegal West Bank settlement outposts regardless of whether the Palestinians have disarmed the terror groups, and the Palestinians cannot use Israel's failure to take serious action against the outposts as an excuse for inaction in fulfilling their security obligations. But Carter simply wishes all this away. For as Carter tells the tale, the Palestinians are good and noble, the Israelis are wicked—but only when they cross the Green Line—and the poor Palestinians do wrong only when the villainous Israelis force them to.

6. Carter Misrepresents Israeli Acceptance of the Clinton Peace Proposal

Carter claims that Barak gave "no clear response" to President Clinton's "final proposal," "but he later stated that Israel had twenty pages of reservations. President Arafat rejected the proposal"--a position which Carter regards as justified, on the grounds that "no Palestinian leader could accept such terms and survive." (pp. 150-2) Carter here misrepresents Israel's response to Clinton's proposal.

CNN's Wolf Blitzer interviewed former chief US Mideast negotiator Ambassador Dennis Ross on Carter's claims. http://transcripts.cnn.com/TRANSCRIPTS/0612/08/sitroom.02.html

BLITZER: On that point, [Carter] told me that he understands better what happened at Camp David [II], where you were one of the principal negotiators, than the former president himself. I want you to listen to this exchange that we had the other day, right here in THE SITUATION ROOM. (BEGIN VIDEO CLIP)
CARTER: I hate to dispute Bill Clinton on your program, because he did a great and heroic effort there. He never made a proposal that was accepted by Barak or Arafat. BLITZER: Why would he [Clinton] write that in his book if he said Barak accepted and Arafat rejected it?
CARTER: I don't know. You can check with all the records, Barak never did accept it. (END VIDEO CLIP)
ROSS: That's simply not so.
BLITZER: Who is right, Jimmy Carter or Bill Clinton on this question which is so relevant as to whether or not the Israelis at Camp David [sic: these proposals were made 5 months after Camp David] at the end of the Bill Clinton administration accepted the proposals the U.S. put forward? ROSS: The answer is President Clinton. The Israelis said yes to this twice, first at Camp David, there were a set of proposals that were put on the table that they accepted. And then were the Clinton parameters, the Clinton ideas which were presented in December, their government, meaning the cabinet actually voted it. You can go back and check it, December 27th the year 2000, the [Israeli] cabinet voted to approve the Clinton proposal, the Clinton ideas. So this is -- this is a matter of record. This is not a matter of interpretation.
BLITZER: So you're saying Jimmy Carter is flat wrong.
ROSS: On this issue, he's wrong.

Yossi Beilin, one of the architects of the Oslo Accords, served in Barak's cabinet at the time. He reports that "On December 28 [2000], at a meeting of the government, the [Clinton] plan was endorsed in principle together with permission to send reservations that had not been presented to the government for endorsement...From that moment, the Clinton Plan embodied Israel's stance on the Palestinian-Israeli issue." (p. 223, The Path to Geneva: The Quest for a Permanent Agreement 1996-2004.) Ross reports this as well in his memoir, The Missing Peace (pp. 754-5), as does Shlomo Ben-Ami, Israel's foreign minister at the time (see his Scars of War, Wounds of Peace: The Israeli-Arab Tragedy, p. 272). Ross adds there that Israel's reservations were "within the [Clinton] parameters, not outside them."

On January 2, 2001 Clinton and Arafat met at the White House, and Arafat told Clinton, according to Ben-Ami: "'I accept your ideas,' but and then he proceeded to tick off a number of reservations, each of which completely vitiated those ideas. He never formally said no, but his yes was a no." (Ben Ami, Scars of War, Wounds of Peace, p. 273). Both Ross and Clinton felt that Arafat's reservations were outside the Clinton parameters, and Ross describes them as "deal killers." (Ross, p. 756) Ross reports that Arafat rejected "the Western Wall part of the formula on the Haram...the most basic elements of the Israeli security needs...and our refugee formula." Ben-Ami describes the Clinton proposal as representing "the outer limits of our capacity for compromise as Israelis and as Jews." (Ben-Ami, p. 276) Clinton reminds us that nearly a year after he had left office, "Arafat said he was ready to negotiate on the basis of the parameters" he had presented (Bill Clinton, My Life, p. 944). But Carter is, as Ross says, flat-out wrong when he claims that Barak, like Arafat, did not accept the Clinton ideas.

Carter, who should know better from his own experience as a negotiator at Camp David, ignores the fact that Clinton never asked Arafat or Barak to accept his plan unconditionally. Arafat was not obliged to accept its terms and risk his survival, as Carter suggests, misappropriating a line Arafat used at Camp David about an earlier proposal. In December 2000, Clinton simply asked both leaders to accept his plan as a basis for further negotiations towards a peace treaty.
7. Carter Does Not Call for an Unconditional End to Palestinian Suicide Bombings and Terrorism; Palestinian Terror Must Stop Only When Israeli Oppression Ends

Despite his well-deserved reputation as a humanitarian and an advocate of peace, Carter, remarkably, does not call for an unconditional end to Palestinian "suicide bombings and other acts of terrorism." (p. 213) Instead he says that "It is imperative that the general Arab community and all significant Palestinian groups make it clear that they will end suicide bombings and other acts of terrorism when international laws and the ultimate goals of the Roadmap for Peace are accepted by Israel." In short--forget about Palestinian confidence-, trust- or peace-building measures. Carter does not require the Palestinians to declare an end to suicide bombings until Israel stops "oppressing them." To be sure, Carter does condemn suicide bombings as morally reprehensible and politically counterproductive for the Palestinians. But he is not prepared to demand a cessation of such heinous acts, which are war crimes, until Israel ends its own violations. Carter's position however is itself in violation of the laws of war, which do not permit one party to commit war crimes on the grounds that the other party is already committing them, or in response to political injustice. Under international humanitarian law, both sides have an independent and unconditional duty to refrain from breaches of the laws of war. But Carter can't bring himself to place any such expectation on the poor, victimized Palestinians, who can keep massacring Israeli children until Israel commits to stopping its evil apartheid oppression in the West Bank and Gaza. When it comes to human rights and peace, Carter grades the Palestinians on a curve.

There are also errors of omission in Carter's book which are invariably biased against Israel. For example, Carter's chronology omits any mention of the firing of more than 600 rockets by Palestinian militants into Sderot and southern Israel during the months between Israel's Gaza disengagement and the abduction of Gilad Shalit. In describing Hezbollah's acts of aggression on July 12, 2006 which prompted Israel's military operation in Lebanon, Carter completely omits mention of the dozens of rockets that Hezbollah fired on Israeli civilian communities in the northern Galilee as a diversion from its ambush on the Israeli soldiers. He shows no understanding for Israel's justified claim that the Lebanese government bore responsibility for permitting Hezbollah attacks on Israel from its sovereign territory: "Surprisingly, [Israel] declared that it had been assaulted by the entire nation of Lebanon, and launched an aerial bombardment that eventually included 7,000 targets throughout the country." (p. 201) Surprisingly? Here again, international law favored Israel, but Carter will have none of it. Israel, for Carter, is always in the wrong, ever the serial violator of international laws and human rights.

8. Carter Misrepresents Hamas as Having Accepted a Two-State Solution, International Law, and Peace with Israel in the Prisoners' Document

Carter claims that the famous Palestinian Prisoners' National Reconciliation Document "endorsed a two-state proposal". He says that "the prisoners' proposal called for...acceptance of Israel as a neighbor within its legal borders. It endorsed the key UN resolutions regarding legal borders..." (p. 214) This too is pure fantasy on Carter's part. As anyone who bothered to read the prisoners' document knows, it did nothing of the kind--it did not so much as mention Israel let alone recognize it or UN Resolution 242 or the Arab League Peace Proposal. Hamas has made repeated statements denying that its willingness to accept a Palestinian state in all of the West Bank and Gaza, as called for in this document, was tantamount to a readiness to make peace with Israel or recognize it. But Carter ignores these inconvenient facts. Because the Palestinians, including those nice religious Hamas boys, are the good guys, and must always be given the benefit of the doubt, even when they publicly deny that they mean what Carter wishfully ascribes to them.

Here is Americans for Peace Now's analysis of the prisoners' document on this crucial point: "On the question of recognizing Israel , the Prisoners' Document states that Palestinians have the 'right to self-determination, including the right to establish their independent state with al-Quds al-Shareef as its capital in all territories occupied in 1967.' Fatah activists point to this statement as a victory for moderation, since it could be interpreted as Hamas implicitly recognizing Israel's right to exist inside the Green Line.

"However, in the introduction of the revised document—which the paper says must be considered as part of the whole initiative—it is stated that the document is being put forth 'on the basis of no recognition of the legitimacy of occupation.' Given that Hamas has considered all of Israel to be occupied territory, in addition to the West Bank and Gaza, it's unclear that the moderates have achieved any sort of compromise on this matter from Hamas. Ha'aretz correspondent Zvi Bar'el pointed out that the phrasing 'could either mean the Israeli occupation of the territories or the 'Zionist occupation of all of Palestine.'' Indeed, one Hamas legislator, Salah al-Bardawil, told Reuters, 'We said we accept a state in 1967—but we did not say we accept two states.'

"Along the same line, another section of the document says that the PA 'is committed to the Arab consensus and to joint Arab action.' Fatah leaders point to these words as indicating that Hamas has now agreed to the Arab League proposal adopted in Beirut , which offers pan-Arab recognition of Israel in return for a complete Israeli withdrawal from the occupied territories. Therefore, they argue, this is another example of Hamas implicitly recognizing Israel. But the document goes on to say that the PA is committed to such action 'that supports our just cause and the higher Arab interests,' a vague qualifier that could allow Hamas to say that it has not agreed to the Arab League peace proposal." That indeed is what Hamas proceeded to say about the Prisoners' Document, denying that they had accepted the Arab League Peace Proposal. But Carter ignores all of this well-established recent history. It gets in the way of his good Palestinian/bad Israeli morality tale.

9. Carter Misstates What UN Resolutions and International Peace Plans Say About the 1967 Borders

Another misrepresentation in the book which has been noted by others is Carter's belief that "Withdrawal to the 1967 border [is] specified in UN Resolution 242 and ...promised in the Camp David Accords and the Olso Agreement and prescribed in the Roadmap of the International Quartet." Again, this is pure fantasy and willful misreading of key documents. It is widely known that UN Resolution 242 omitted the definite article in its English version, referring to "occupied territories" so as not to imply that Israel would be required to make a complete withdrawal to the 1967 borders in exchange for peace. Moreover, the resolution called for an eventual Israeli withdrawal to "secure and recognized borders" in exchange for peace, which would be the outcome of negotiations, not simply a restoration of the pre-war status quo ante. The Oslo Accords actually say nothing about what the final borders will be, and the Roadmap's call for a final peace treaty that will "end the occupation which began in 1967" does not mean that the withdrawal will be to the 1967 boundaries. In a final peace accord in which the parties agree to define the final borders, the parties will agree that the occupation which began in 1967 has ended. But those borders will not be identical to the 1967 lines. And Carter knows this: he talks of "mutually agreeable exchanges of land, perhaps permitting significant numbers of Israeli settlers to remain in their present homes near Jerusalem." Carter chose his words carelessly here, in ways that are meant to impose his political preferences onto key documents. He's not wrong on the big picture--the 1967 borders must be the basis for a negotiated land swap--but he fudges important details.

10. Carter's Systematic Bias Against Israel: Blame Israel First and Last

Time and time again Carter identifies Israel as the primary cause of the conflict--it's refusal to accept the Road Map, its "colonizing the internationally recognized Palestinian territory" (p. 162). There can only be peace once Israel reverses these immoral and illegal policies, and once the Palestinians then respond "by accepting Israel's right to exist, free of violence." (162) The Palestinians have no burden to initiate peace with Israel, to accept its legitimacy, as Hamas has refused to do, or to demonstrate nonviolence and a commitment to a sustained truce, during which Israelis and Palestinians would have the opportunity to negotiate in a favorable atmosphere. The onus, for Carter, falls exclusively on Israel. And nothing Israel does is legitimately motivated by Palestinian terror and rejectionism, always a mere epiphenomenon that will evaporate with the disappearance of Israel's colonial, expansionist segregation regime imposed on blameless Palestinian victims.

The book concludes with the same one-sided blame-Israel-only dissonant refrain that sullies it throughout: "The bottom line is this: Peace will come to Israel and the Middle East only when the Israeli government is willing to comply with international law, with the Roadmap for Peace, with official American policy, with the wishes of a majority of its own citizens--and honor its own previous commitments--by accepting its legal borders." After Israel solves the problem for which it is solely responsible, then "all Arab neighbors must pledge to honor Israel's right to live in peace under these conditions." (p. 216) The onus to make peace falls solely on Israel; when it ends its oppressive behavior, then the good, innocent and noble Palestinians and Arabs will have to make some lovely pledges in a treaty. Carter places no other demands on them. Palestinian militants can continue to wage terror against Israeli civilians until Israel mends its evil ways. Palestinians, for Carter, bear no responsibility for initiating the conditions necessary for successful peacemaking. After all, they are the hapless and helpless victims of the Israeli iron fist; how can one expect anything of them?

Carter believes that the US must play the role of an honest broker trusted by both parties to the conflict. But Carter's inveterate anti-Israel bias is as unhelpful to Israel's quest for peace and security as the unconditional “pro-Israeli” bias of George W. Bush. Once a great Mideast peacemaker, Jimmy Carter has become a two-bit Palevangelist and propagandist.


Gidon D. Remba is co-author of the forthcoming The Great Rift: Arab-Israeli War and Peace in the New Middle East. His commentary is available at http://tough-dove-israel.blogspot.com/ He served as senior foreign press editor and translator in the Israel Prime Minister’s Office during the Egyptian-Israeli peace process from 1977-1978. His essays have appeared in the Chicago Tribune, the Chicago Sun-Times, the New York Times, the Nation, the Jerusalem Report, Ha’aretz, Tikkun, the Forward, the Jewish Journal of Greater Los Angeles, Chicago Jewish News, JUF News, and the Pittsburgh Jewish Chronicle.