The Administrative Detentions of Wasfi Kabha

Originally published in The Daily Beast on June 18, 2013.

On June 6, the Israeli military dropped off a Palestinian man at Jubara checkpoint, near the West Bank city of Nablus. Wasfi Kabha, who’d been imprisoned for the past two years, then reportedly collapsed, sustained severe bruising, and went to a hospital in Tulkarem to be treated. The release marked the end of a seven-year ordeal that saw Kabha go in and out of Israeli custody, all without ever being charged with any crime. Kabha, who like all West Bank Palestinians is subject to Israeli martial law, was held under administrative detention orders issued by the Israeli Defense Forces.

Most administrative detention orders come with six-month expirations, but can be renewed indefinitely. The orders usually don’t serve as punishment for past acts, but rather to prevent future violations of the law. Subjects of the orders are guilty until proven innocent, but proving innocence will be elusive for them because they lack judicial rights. Officials frequently justify the practice by arguing that an open court could reveal sensitive intelligence collection methods that threaten national security. And so detainees languish without a trial, or without even knowing why they’re being held. As of April, 155 Palestinians were being held by the Israel Prison Service in administrative detention, according to the Israeli rights group B’Tselem.

“Administrative detention exists in other countries,” wrote the Israeli journalist Noam Sheizaf last year, “but is considered a unique and exceptional measure, and its implementation usually leads to a vigorous public debate. In the West Bank, it’s routine.” 

The case of Wasfi Kabha goes a long way toward demonstrating just how routine. But who is Kabha? The short version is: a Hamas politician. The long version winds through university in the West, a technocratic municipal job that propelled him to the top of Hamas’s short-lived Palestinian Authority government, and four rounds of detention that have kept him behind bars 61 of the past 84 months.

Kabha was born in a village near Jenin, in the West Bank, in 1959. After earning a bachelor’s degree in the U.S. and a master’s in Ireland, he took up a job in the civil engineering department for the Jenin municipality. In 2006, Kabha served as the Minister of Prisoner Affairs for the Hamas government. Controversy erupted around Kabha when he joined other senior Hamas officials in endorsing a Tel Aviv suicide bombing attack in April 2006. Kabha told reporters that such attacks occur within “the framework of legitimate right of resistance against Israeli violations and crimes”—making clear that he supported the views that have gotten Hamas labeled terrorists by Israel, the U.S. and others.

Two months later, the Israeli soldier Gilad Shalit was captured near the borders of the Gaza Strip. In response, Israeli forces launched Operation Summer Rain on June 29, launching air strikes and capturing over 60 senior Hamas officials, including Kabha. When Kabha was released nearly five weeks later, he told the Associated Press that he was kept in terrible conditions, subject to long interrogations and ultimately released because they lacked proof he belonged to a terrorist organization. “The only rest I got was during the siren when Hezbollah launched rockets at Israel,” he provocatively added. “They would take me down into a cell underground and they would leave to take shelter somewhere in the jail.” The public remarks were something Kabha would keep up; he’s become one of the most vocal critics of Israeli detention policies—and the Fatah-run Palestinian Authority’s complicity.

On March 17, 2007, Hamas and their rivals in the Fatah party finalized a landmark agreement yielding a unity government. Wasfi Kabha took up a post as Palestinian Minister of State. A little over two months later, Israeli forces arrested 33 members of Hamas’s political wing in the West Bank, and then entered Kabha’s home, captured him and took his computer. Kabha remained in administrative detention for three years.

In November 2010, seven months after Kabha was released from detention, the Israeli press reported that low-ranking members of the Shin Bet had taken meetings with select senior Hamas officials, Kabha included, in the West Bank. The meetings, held over coffee, came days before a Damascus meeting between Hamas and Fatah officials to discuss reconciliation. According to the account in Haaretz by unnamed sources, Shin Bet officers visited Hamas officials in their homes late at night seeking to merely discuss their opinions regarding peace talks. Hamas officials said the meeting was less a consultation and more a series of home raids and interrogations. Kabha, whose house was searched, was among them: “It was rather a raid on our homes by Israeli forces and intelligence officers which terrified our children.”

A month later, Kabha was detained again without charges, this time only for a week. An Israeli military court said he was released due to declining health. The Director of the Ahrar Center for Prisoner Studies, Fuad Khuffash, said the judge made the decision following a review of Kabha’s medical records, which detailed the worsening state of his diabetes and high blood pressure. By June, Kabha was again taken from his home in Jenin and placed in administrative detention. Hamas issued a statement urging Kabha’s release, citing the same health problems that got him sprung from detention the year before. A year later, with a hearing coming up, Kabha denounced his imprisonment as part of a “new wave of the extensions of the administrative detention” against top Hamas officials in an attempt to quash reconciliation.

Earlier this month, after his most recent stint behind bars, this time for two years, Kabha was released and taken to the hospital in Tulkarem.

To be sure, Israel must be vigilant about protecting its citizens, and Wasfi Kabha’s condemnable record of defending suicide bombings means he should certainly be monitored for future threatening acts. But that doesn’t justify detaining an individual for years on end without ever charging him for a crime, particularly in a democracy that seeks to respect the rule of law.

Congress Seeks To Strip Waiver From Law On Moving Israel Embassy

Originally published in the Daily Beast on June 10, 2013.

Last week, President Obama granted a six month extension to a waiver on the Jerusalem Embassy Act of 1995, a law mandating the relocation of the U.S. Embassy in Israel from Tel Aviv to Jerusalem. For almost a decade, events around the propsed move have been repeating themselves endlessly like a broken record. It has become an uneventful, unchanging story—one that reflects the peace process it arguably aims to protect.

And yet, given settlement growth, recent timetables set by Secretary of State John Kerry and renewed efforts in Congress to circumvent the anticipated Presidential waivers (more on that in a bit), it seems naive to assume that these political maneuvers could go on forever.

When Congress passed The Jerusalem Embassy Act on October 23, 1995, it called to move the U.S. Embassy in Israel to Jerusalem no later than May 31, 1999. The law also notably called for Jerusalem to remain an “undivided city” and for the U.S. to recognize it as Israel’s capital. This law sailed through Congress with wide margins, passing the Senate 93 to 5 and the House 374 to 37.

So what happened? Despite the vast majority of presidential candidates on the campaign trail, both Republican and Democrat, promising to move the embassy and to recognize Jerusalem as Israel’s capital, once elected into power, they all wisely avoided making their words into deeds. This is not because they were incapable, but because they recognized that the U.S. Congress should not make decisions regarding final status issues outside of bilateral peace negotiations, let alone for such a decision to be one that no other country in the world would accept or recognize.

Every President since 1995 has used the Presidential waiver, arguing that it breaches the executive branch’s constitutional authority over foreign policy. They understand that such a move would shrink the United States’ already thin credibility in the Middle East.

In the words of Jerusalem expert, Danny Seidemann, “Many recite the Jerusalem-The-Undivided-Capital-Of-Israel mantra because doing so is electorally expeditious, and inconsequential. But moving the U.S. Embassy to Jerusalem outside of the context of a permanent status agreement would be HUGELY consequential. It would drive the U.S. into abject, unprecedented isolation, put it on a collision course with much of the rest of the world, and not contribute one bit to ‘uniting Jerusalem.’”

Some in Congress are looking to push back against the waiver power. In January, Representative Scott Garrett (R-NJ) authored a new bill: The Jerusalem Embassy and Recognition Act of 2013. While the likelihood of such a bill passing in the near future is extremely low, it would seem that as statements from John Kerry increase about various shrinking timetables for already tenuous peace prospects, the Obama Administration’s need to define its policy moving forward on Israel and Palestine will become more pressing. 

These policy shifts could have an impact on the enactment of the Jerusalem Embassy Act.One notable difference between the Jerusalem Embassy Act of 1995 and the Jerusalem Embassy and Recognition Act of 2013 is the attempt to remove the executive waiver authority granted by Section 7 of the law. Senator Dean Heller (R-NV) introduced a similar piece of legislation in the Senate, which also strikes the section allowing for the use of the Presidential waiver.

Garrett’s House bill has 23 co-sponsors right now, picking up its latest this past Monday with Representative Gene Green (D-TX). 19 Republicans and four Democrats represent the makeup of the House bill’s co-sponsors. Heller’s Senate version currently has a mere five co-sponsors, all Republican.

It is good news that Obama extended the Presidential waiver on the Jerusalem Embassy Act. Responsible leaders have recognized that moving the embassy to Jerusalem would be a mistake. Given the changing factors in the region, the question is how much longer will the United States be able to waive the law in the name of holding out for direct bilateral peace negotiations?

We’ve just passed the 46th anniversary of the Six Day War, whereby Israel took control of East Jerusalem, among other territories. If there is ever to be a two-state solution, then the Palestinian capital will be there. President Obama rightly passed another six month waiver this time. With the peace process in a shambles and Congress seeking to remove the presidential waiver, it would be a mistake to get complacent, and assume that this can go on forever.

The Future of Civics Education in Israel

Originally published in the Daily Beast on April 26, 2013.

The Israeli Finance Ministry’s new budget proposal states, among other things, that ultra-Orthodox schools will need to dedicate at least 55 percent of school hours to teaching the Ministry’s core curriculum if they wish to receive any state funds.

Though there are many serious, substantive problems in Israeli education that necessitate reform, and not all of them will be remedied by this new proposal, the bill does plan to address one fundamental problem facing the future of a democratic Israeli citizenry: civic education.

This past summer I traveled to Israel to learn more about how they teach civic education. I wanted to understand if and how the Israeli government fosters a sense of civic solidarity amongst Israelis who are divided into sometimes quite distinct public schools. Public schools, from a Durkheimian sociological perspective, are institutions meant to cultivate citizens—individuals with a shared understanding of norms, values and expectations of their society.

Within Israeli public education there exist four main school systems: an ultra-Orthodox system, a national religious system, a secular system and an Arab system. According to Israel’s Central Bureau of Statistics, the total number of students in the education system is expected to grow from 1.579 million students in 2013 to 1.695 million students by 2017—an increase of approximately 7.3 percent, at an annual growth rate of 1.83 percent.

The ultra-Orthodox student population is the fastest growing in Israel, with an average annual growth rate of 5.7 percent. The Arab student population, with an average annual growth of 3.4 percent, is the second fastest growing demographic. It is projected that by 2017, ultra-Orthodox and Arab students will make up 44 percent of all Israeli students. By comparison, the secular education system showed an annual growth rate of 0.1 percent.

The Executive Director of the Taub Center for Social Policy Research in Israel, Dr. Dan Ben-David, has been studying these population trends. If Ben-David’s findings continue on their current trajectory, it is projected that by the year 2040, 78 percent of primary school students will study in either ultra-Orthodox or Arab school systems.

There is nothing wrong with a changing demography, but it is important to ensure that there is an educational structure in place to prepare any and all citizens to participate in democratic society. As it stands now, ultra-Orthodox students are the only segment of Israeli society not required to formally study civics; this includes topics like minority rights, free speech and voting. The democratic future of Israel is already at risk, and this seems to add yet another unhelpful variable.

When I asked a representative from the Ministry of Education if this seems to present a great future challenge for socializing citizens, she replied, “Oh yes. It’s a big problem. But there are lot of politics involved so it is very hard to change.”

However, it seems as though the politics might indeed be changing. Newly appointed Education Minister Shai Piron said recently that he would refuse to fund institutions that do not teach civics, math and English. He declared, “The State cannot fund something that goes against its interests.

To be sure, organizations are already coming out to say that the proposal does not go far enough. Hiddush, an NGO that promotes the separation of synagogue and state, has criticized the bill, saying that it’s essentially “meaningless” because schools would only have to integrate 4-6 hours a week of core curriculum—an hour or less a day. Given that the core curriculum includes subjects like English, mathematics, science and Hebrew, it is unclear how these would be divided, and what role civics would play in such a division.

In Israel, policymakers are looking for a more equitable way to share both the resources from, and the maintenance of, a modern Western society. Addressing the role that the ultra-Orthodox play is a key step in that process. But when thinking about Israel’s future, it is important that civics be strongly prioritized as well. It is, arguably, most “core” of all.

Opening the door to peace

Originally published in the Baltimore Sun on March 25, 2013.

Given how low the expectations were for President Barack Obama’s highly publicized trip to the Middle East, it may not be saying much to declare that he exceeded them. But given the precarious state of Israeli-Palestinian relations, it would also be easy to underappreciate just how crucial his efforts may prove to be in the long quest for a lasting peace in the Middle East. When Mr. Obama arrived in Israel, he faced many who believed that the possibility of a two-state solution was on its death bed, if not gone already. Although the president brokered no breakthrough, he did make it appear that, for at least a little while longer, a negotiated peace deal is still a legitimate option.

On the second day of his trip, Mr. Obama gave a speech in Jerusalem that was well received by both the spectators in the audience and the Israeli and international press. This is not to be understated — in a conflict where distrust, cynicism and skepticism on both sides are at soaring levels, President Obama’s ability to speak to the concerns and needs of both Israelis and Palestinians was crucial. Raising hopes is a key variable in this conflict, where the element most lacking in negotiations is often political will.

Mr. Obama urged Israelis and Palestinians to see the world through each others’ eyes and made clear that he can do so — something that many Israelis in particular had doubted. The president emphasized that peace is “necessary, just, and possible” — necessary for Israel’s security and viability as Jewish democracy, just because Palestinians living under military occupation deserve a state of their own, and possible, because Israel is the strongest country in the region, with the U.S. as its unconditional ally, and with leaders like Palestinian Authority President Mahmoud Abbas who can be a “true partner.”

The president acknowledged that a two-state solution is far from guaranteed. However, with his legacy still to be decided and no election in the near future, the time for strong U.S. diplomatic leadership appears to be ripening. Secretary of State John Kerry has pledged to make Israeli-Palestinian peace a prioritized issue, and he is set to lead exploratory talks over the next few weeks, with the hopes of direct negotiations thereafter.

On a symbolic front, the trip was certainly a success and erased Israeli doubts about Mr. Obama’s understanding of their views that had lingered since his speech to the Muslim world in Cairo four years ago. But President Obama’s trip to Israel yielded some surprising tangible results as well.

At Mr. Obama’s urging, Israeli Prime Minister Benjamin Netanyahu apologized to Turkish Prime Minister Recep Tayyip Erdogan for actions taken by Israeli commandos during a 2010 raid on a Turkish ship that was part of a flotilla attempting to breach a blockade of Gaza. Nine were killed in the raid, which drew international condemnation. Both countries agreed to restore ambassadors and normalize relations. This unexpected reconciliation is good news for several reasons, notably that any legitimate peace deal between Israel and the Palestinians would need the backing of Turkey, a stable and strong country in the Middle East and a pillar of American foreign policy in the region.

On Monday, again at Mr. Obama’s urging, Israel announced that it would release withheld payments to the Palestinian Authority, funds that the Israeli government suspended after the Palestinian Authority successfully sought to upgrade its status at the United Nations in November. That is another step meant to help build confidence between the two sides to restart negotiations, as well as to disempower Hamas in the Gaza strip.

To be sure, Mr. Obama has made serious mistakes in his approach to the Israeli-Palestinian conflict in the past, and his commitment to Israel and the peace process in general has been questioned by many at home and abroad. However, following a trip that yielded tangible results as well as smart, pragmatic, and inspiring rhetoric, Mr. Obama has provided himself with at least a chance to lead Israelis and Palestinians to a negotiated peace.

College Organizing and the BDS Controversy

Originally published in The Daily Beast on February 6, 2013.

In thinking through the most recent BDS controversy now unfolding at Brooklyn College—where the political science department is co-sponsoring a panel in support of a controversial movement to boycott, divest from, and sanction Israel over its policies—it is helpful to keep in mind some of the basic rules of college organizing. Students understand these intuitively, but adults often confuse them. The most important one, obviously, is that free food is the best recruiting tool there is to bring students to events.

But beyond food, students know that co-sponsorship does not equal endorsement. It has to be that way. If a student group contacts your organization saying they have a speaker they want to bring to campus and would like your co-sponsorship, how can you be sure their speaker will say 100 percent things your organization agrees with? You can’t. Thus it’s implicitly understood that you will co-sponsor on principle, because you believe this is the type of discussion or event that should be happening at your school. After the event, you have the prerogative of holding whatever debrief or critical analysis your group sees fit. You might also make a point to open the event with the acknowledgement that there are multiple perspectives on an issue. But you all agree that sharing views, whether or not they are your own, is a worthy thing to do in an academic setting. And you understand that working collaboratively on events is often the only way to afford any programming at all.

Last semester, a student group at Johns Hopkins (where I’m currently an undergraduate) organized an event called “Living Under Drones at JHU,” which was created to raise awareness about drone warfare and to start a public discussion about the role the Hopkins Applied Physics Lab plays in drone development. At the event, a petition was circulated to demand Hopkins halt drone research until more information is brought into the public forum. The Johns Hopkins Political Science department proudly co-sponsored this event because they support students organizing events like these. Everyone understood that that does not mean the Political Science department endorses anti-drone activity, or the petition itself, and that even if they did, they would not be able to go on record about it. I thought it was great that the school provided institutional support to student efforts, legitimizing the students’ drive to have conversation, while not endorsing any specific views.

A third rule of college organizing is that controversy sells. If BDS opponents think that a public uproar against it will make students uninterested in the material, then they should probably consider enrolling in Intro to Psychology. When the University President and Political Science professors support the event and government officials and activists oppose it, who do they think students will trust more? To be sure, the Brooklyn College Political Science department should make clear that there are multiple views on this issue and that they fully support events that present alternative perspectives.

I am against BDS, but I’ve reached this position through many long, difficult conversations trying to wrap my head around what it is about it that I agree and disagree with. I’m grateful that J Street U, the student wing of the liberal pro-Israel group, gave me the opportunities to hold those discussions, and even exposed me to speakers who do support it in order to challenge me. The BDS movement exists, it is influential, and it is growing. Trying to shove the issue under the rug does not make the ideas disappear. The only reason that I feel comfortable opposing BDS is that I’ve been given the honest chance to research, discuss and figure out what I really think about it.

Many of us grew up in American public schools where boycotts are taught as quintessential, proud staples of our country’s history. We’re raised to venerate the bus boycotts of the Civil Rights movement. We applaud labor boycotts as a non-violent means for workers to protest fairer conditions. We understand that the international boycott played a major role in helping to end the apartheid regime in South Africa.

My point is, if Jewish community leaders think it is self-evident that boycotts are a poor tactic for opposing occupation, they’re unfortunately mistaken. For many students, that question is confusing. So when Hillels across the country say they refuse to associate with BDS speakers or to even hold discussions about BDS because they’re “drawing a red line,” who do you then think will ultimately be left to influence students’ perspectives on BDS? Chances are it won’t be the pro-Israel students who didn’t come to the table. And that’s a real missed opportunity on the pro-Israel community’s part.

The real way to battle bad ideas is with better ideas. Hillels should feel confident in the merits of their arguments against BDS. Especially at college, when students are continually confronted with perspectives of the world that challenge, confuse and contradict what we think, we really need individuals who support us in making sense of it all, not those who dismiss or reject ideas from the outset.

Judaism and Politics

Originally published in New Voices on December 10, 2012

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The Forward’s Artist-in-ResidenceEli Valley just published a comic about a recent episode at Bnai Jeshurun, a non-denominational, liberal synagogue in New York City. The rabbis had sent out an email to their congregants praising the U.N. Palestinian vote, and then, after intense media coverage and mixed reactions from the community, they later apologized and said they regretted their decision to send this email. The rabbis wrote that their original email “did not honor the diversity of viewpoints in their community.”

I had the opportunity to meet Eli at this year’s New Voices student journalism conference and learned about the general political lens through which he interprets current events. In his new comic he contends that while the rabbis certainly say that Judaism can be a guide for moral clarity, in the face of political pressure they find themselves, “retracting, apologizing, and begging for forgiveness from [their] donor base.”

If I were a member of Bnai Jershurun, I might feel uncomfortable or offended by this comic. It could be read as a personal attack on their rabbis, their congregants, or on the eccentric nature of their spiritual environment. But I am not a member of that synagogue and I did not read it that way.

I read it not about the rabbis of Bnai Jershurun, but about rabbis in general.  I don’t think this comic would be so evocative unless it captured a larger phenomenon that many more Jews, living outside of the Upper West Side, are also grappling with.

Rabbis are leaders of their Jewish communities, and so one could say that they need to profess views that are sufficiently representative of their congregants. One could maintain that Jewish leaders must make efforts to ensure that everyone feels safe and comfortable.

Community and comfort are really important. To feel alienated is lonely and confusing.

But I wonder if we have come to a point where we’re so fearful of alienating people that we are unable to take strong, moral positions during situations in which a response is needed. The recent silence from the American Jewish community on Netanyahu’s decision to build settlements in E-1 is an unfortunate, yet sobering example.

Maybe the tension stems from the fact that political leaders and Jewish leaders aren’t supposed to lead in the same way, and yet in so many instances, they do. I would expect, and demand that politicians work to represent the views of their constituencies. In the face of enormous political pressure, watching politicians cave can sometimes be beautiful examples of our democracy at work—a government by the people for the people.

But if rabbis are leading congregations based on the lessons they’ve internalized from their years of studying Jewish moral teachings, then political pressure or even communal discomfort are questionable, and unsettling reasons to cave.

I suppose one solution could be for us to say, “Well, synagogues shouldn’t be so political anyway. Jews hold different views, they are all relatively valid, and rabbis shouldn’t assume that they can speak on behalf of others.  Let’s create a safe space for people to come together, and let’s leave politics out of it.”

This is an understandable and tempting idea. And yet, I wonder if those same people would say synagogues should also refrain from encouraging support for the state of Israel. My guess would be no. But what if there are congregants who feel alienated by certain Pro-Israel statements? Then the question becomes which political statements will be tolerated in synagogues and which will not be. Who draws that line?

What are the roles of our Jewish leaders, really? To represent us? To teach us? Is Judaism meant to provide us with answers to the tough ethical and political quandaries we currently face? Can it?

I don’t quite know what role exactly Judaism plays in politics anymore. It seems as though everyone has their own opinions and perspectives, and every email sent out has to be crafted quite carefully so as not to offend individuals or cause anyone discomfort. The price we pay for this however, I’m not so sure.

Obama Must Work Toward Two States

Published Originally in the JHU Politik on November 18, 2012.

Let us be clear: it is never a “convenient” time to work on the Israeli-Palestinian conflict. We live in a tumultuous world, with many serious foreign policy problems happening all at once.

And, unfortunately, due to the nature of our political system, an American president has only so much political capital, time, and space to act on a number of issues before the next election cycle approaches.

In his second term, President Obama will need to deal with the rising possibility of a nuclear-armed Iran, plan for the safe withdrawal of American troops from Afghanistan, decide how to proceed with his controversial drone-strike policies, secure strong economic and military interests in Asia, and address problems that have yet to materialize. However, the time to use vigorous U.S. diplomatic leadership to negotiate a two-state solution is now; it will not be any easier four years down the line. Many experts agree that the window to achieve such a peace deal, –a deal supported in principle by Israeli Prime Minister Benjamin Netanyahu, Palestinian Authority President Mahmoud Abbas, and every U.S. Administration since George H.W. Bush–is diminishing. Both sides know what the agreement would look like: what we now need is the political will to achieve it.

The relationship between Netanyahu and Obama is strained, yet it is imperative that the two leaders get past their political differences and work together for two states. The two-state solution is simply the only way for Israel to remain both a Jewish and democratic state, and for Palestinians to be freed from a 45-year military occupation and obtain the full political rights they deserve.

Negotiating peace is also a national security interest for the United States. We spend billions of dollars annually on Israeli security, but countries with clearly defined borders are more secure and better able to defend themselves against threats.

In 2009, Obama visited the Middle East, and Israelis understandably felt snubbed that he failed to stop to meet with leaders in Israel. But despite the lack of presidential speeches in Israel, actions speak louder than words. Under Obama’s leadership, Israeli Defense Minister Ehud Barak, Israeli President Shimon Peres and Deputy Foreign Minister Danny Ayalon, have all publicly stated that the security relationship between Israel and the United States has never been stronger. The amount of financial and military sup- port the Obama Administration has given to Israel is unprecedented.

Netanyahu received a lot of justly-deserved flack from Israelis and the international community during the U.S presidential election for intervening on behalf of Governor Mitt Romney. As Israeli Opposition Leader Shaul Mofaz, asked of Netanyahu in the Knesset, “Who are you trying to replace? The Administration in Washington or that in Tehran?” Netanyahu was open about his distrust of Obama’s strength, determination and capabilities, despite the praise that Obama had received from Israel’s intelligence and defense community.

On the Palestinian side, there is a partner for peace. Recently in an interview with Israel’s Channel 2, Abbas declared: “Palestine for me is the 1967 borders with East Jerusalem as the capital… The West Bank and Gaza is Palestine. Everything else is Israel.” Hold no illusions: if the Palestinian Authority collapses (as Israeli Foreign Minister Avigdor Lieberman pledged to ensure if the Palestinians seek upgraded non-member status at the U.N.), the next Palestinian leader will not be so moderate, or so inclined to work towards a two-state solution. An inability to reach an agreement with Abbas and the PLO will only strengthen the hand of Hamas, making it more difficult to deal with the situation in Gaza. Rocket fire from Gaza is not an example of why peace is impossible, but how the absence of negotiations and agreements perpetuates an endless cycle of violence that leads nowhere.

Obama must use some newly acquired political capital to revitalize the peace process. Netanyahu, Abbas, and Obama must move past rhetorical games and work to- gether for a long-term secure and just future. Early in 2013, I would hope that Obama travels to Israel and Palestine, making clear to both sides that the peace process will be a priority. The United States wants and needs their President to act forcefully and urgently, before it is too late.

Birthright’s Triumphs and Flaws

Op-ed published originally in JTA.
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WYNNEWOOD, Pa. (JTA) – After being privileged last year to go on a Taglit-Birthright trip with 40 students from Johns Hopkins University, last month I traveled with 12 other student leaders to Israel and the West Bank with J Street U. Since then I’ve been reflecting a great deal on these two very different experiences.

Birthright helped to provide a stronger connection to my Jewish identity. After the trip, I began to take more Jewish studies courses and engage more with the campus Hillel. I took an internship with Hillel’s Peer Network Engagement Internship program and started organizing my own events.

I realize, though, that the Birthright model is not designed to instill a strong sense of responsibility in Diaspora Jews toward Israel. After all, it is rather easy not to feel responsible for issues that no one asks you to think about. Rather, the program focuses more upon fostering a general sense of connection. This dynamic often leaves students unable or uninterested in being the “ambassadors” that Birthright so often asks us to be back home.

Birthright prides itself on being apolitical, and indeed on the trip I learned little of substance about the Israeli-Palestinian conflict. I have heard arguments for why Birthright does not venture into exploring the conflict, and to an extent I understand why. The trip is targeting a broad-based group of Jewish people and there’s only so much that can be accomplished in 10 days.

But reflecting further, I can’t help but find it unsettling that Birthright takes tens of thousands of young, uninformed Jews to Israel without providing any real briefing or debriefing on pressing Israeli societal issues while all the while telling us to go home and “tell the truth about Israel” and “love Israel and be a proud Jew.”

We do fall in love with the land, with the Mediterranean Sea, with the food and with the Israelis we meet. We have energizing hikes and a lot of fun. Yet Birthright does not prepare us to engage with legitimate and difficult questions back at our college campuses and in our communities.

A few weeks after returning home from Birthright, I was telling some people about my exciting trip. A peer asked my opinion on the fact that any Jewish person like myself from anywhere in the world can travel throughout Israel with ease, but there are Palestinians who have been living on the land for generations that face burdensome restrictions of movement.

I had no idea what to say. I didn’t even know what checkpoints were.

“It’s the Jewish homeland?” I replied meekly, frustrated with my own ignorance. Not only wasn’t I able to defend Israel to people who challenged it, but I felt embarrassed and confused.

Several weeks later I was asked how I could defend a state that expanded settlements in the occupied West Bank. I had no idea what people were talking about with regards to “international law” and “illegal outposts.” Again I scratched my head and realized I knew so little of “the truth” that Israeli Prime Minister Benjamin Netanyahu asked me and thousands of other participants at Birthright’s Mega Event to relay back on campus.

In contrast, while at times on the J Street U trip I felt uncomfortable by the Israel I saw, I left feeling deeply committed to its future. I saw Israel not simply as a place to which I wanted to return but as a story of which I wanted to be a part.

On the J Street U trip we met with Israelis from Sderot and Netiv HaAsara who regularly face the threat of rockets from Gaza, Holocaust historians from Yad Vashem, an Israeli scholar specializing in deligitimization, leaders of the Palestinian Authority in Ramallah, Israeli university students, Jewish settlers in Gush Etzion, human rights activists and Palestinian citizens of Israel.

We met with two-staters, one-staters and those who advocate a constitutionally enforced binational state. We met with Palestinians and Jews living in the segregated city of Hebron. We wrestled with the role of Jews of the Diaspora. At the end of it all, we emerged exhausted, intellectually humbled and more motivated to work to help Israel.

J Street U refused to present Israel as what Ir-Amim founder Danny Seidemann called a “Jewish Disneyland.” And I’m grateful for that. I still love Israel, but confronting the challenging parts of the country compelled me to have a much deeper sense of responsibility.

If those same students from last year ask me questions now about Palestinian freedom of movement or settlement expansion, I’m not sure I would necessarily have all the answers. But I am positioned in a place where I am ready to seriously engage and grapple with the ideas, concerns, questions and consequences of the conflict. I am working to create a situation in which Palestinians, Israelis and I can all move more freely in peace and security, with self-determination for both peoples.

I am not suggesting that Birthright start distributing talking points on the conflict during their trips. But I am recommending that Birthright provide far greater opportunities for participants to struggle and engage with Israel’s real issues. Do not underestimate us. Then maybe we all can come home better equipped to be responsible ambassadors.

On the Israeli Occupation of the West Bank

There is a fundamental Catch-22 with the security rationale of the Israeli military occupation of the West Bank. When Palestinians respond in violence to their oppressed situation, be it through acts of terrorism or riots, Israel justifies the occupation as a national security need. The Palestinian people need to be governed by martial law, in order to protect the Israeli population from security threats.

But then when Palestinians renounce violence and switch their resistance tactics to more nonviolent demonstrations and protests, Israel justifies the occupation as a successful national security tool. The Palestinian people need to be governed by martial law, as evidenced by how improved the security of the Israeli population has been over the past half decade. We can’t stop now, or else they’ll just return to their violent ways.

Thus there is no end in sight. And in the meantime, Israel continues to expand settlements which make the prospects of a two state solution much more difficult to achieve. An occupation is supposed to be a temporary situation. It is a distinctive characteristic that separates occupation from annexation and colonialism. But the Israeli occupation has existed for over 45 years.

Beyond the problematic state of the occupation in a legal context, it is immoral and undemocratic to maintain the situation that exists today in the West Bank. You have Israeli settlers living in the same region as Palestinians, and if an Israeli commits a crime, they are subjected to Israel’s civil courts, like any other Israeli citizen living anywhere in Israel. But if a Palestinian commits the exact same crime, in the same exact spot, they are subjected to an entirely different set of laws and legal proceedings, and they’re sent to a military court.

First of all, there is no due process for the military courts. Second of all, the military courts have astonishingly high conviction rates. (99.74%) And thirdly, Palestinians don’t have a right to vote for the Israeli government, even though the government is the body that makes the decisions and appoints the individuals that control their lives.

So why doesn’t Israel just annex the West Bank, instead of occupying it? If Israel wants to continue to expand settlements and build up the West Bank, why don’t they just de-facto annex the territory, like they did with the Golan Heights?

There’s a simple and oft-cited calculation for this issue. It goes like this:
There are three variables. 1. Israel as a democratic state. 2. Israel where the majority of citizens are Jewish. And 3. Israel controlling all of the land.

^In any final scenario, Israel will ultimately have only two of these three variables.

To annex the West Bank would mean Israel would need to grant all the Palestinians living there citizenship, and give them the same rights as any other Israeli. Which they don’t want to do because they want to maintain a Jewish majority in Israel. Because of demographic realities, including the Palestinians in the citizenry would effectively end the Jewish majority. And to grant Palestinians citizenship but deny them equal rights would make Israel a patently undemocratic state. And so their solution for now is to continue to build up the West Bank with Jewish settlements, say they’re waiting for a “peace partner” (even though the current President of Israel has categorically said they already have one) and justify the occupation with “security concerns.” I’ll say it again. These Palestinians have been living under occupation for 45 years.

I care about the state of Israel. A lot. I spend an inordinate amount of my time reading and thinking about these issues. And I want the citizens of Israel to be safe and secure. Yet it really disturbs me when people, especially Jewish people, roll their eyes at the notion of “human rights”. Or even “democracy” and “dignity.” I really want to know, would all of the individuals who say the occupation is a necessary evil for security purposes, be able to look into a Palestinian’s eyes, as I did last week, and say to them, “I’m sorry but my need for safety is more important than your basic human rights.”

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photo credit: Rachel Cohen

Final thought: in terms of history, and especially history of countries engaged in conflict–one thing I learn over and over in my history classes is, there is really no such thing as a status quo. 

‘Apolitical’ Israel Fairs? No Such thing

Below is an an op-ed I had published in New Voices Magazine about the troubling trend that exists on many college campuses in America when celebrating or discussing Israel. Full article can be read here: http://www.newvoices.org/opinion?id=0160

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Photo Credit: Rachel Cohen

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Photo Credit: Rachel Cohen

Two weeks ago we celebrated Yom Haatzmaut – Israel’s birthday. It’s an exciting time of year for those of us who care and advocate for the state of Israel. Celebrations commemorating Israel’s Independence Day happened on college campuses all over the country. And yet I observed two troubling trends surrounding many of these events that do injustice to Israel, to pro-Israel advocacy, and to the intelligence of college students.

Many of these fairs are framed as “cultural events” – an effort to create an apolitical space for the discussion of Israel. This goal is impossible. Whether the organizers realize it or not, Israeli society and the American Jewish conception of it is so heavily politicized that it is incredibly difficult to have, do or say anything about Israel that is totally apolitical. As a result, the organizers of these events end up presenting political opinions disguised as facts.

In January I read a powerful op-ed by Haaretz journalist Merav Michaeli. She wrote, “There is no such thing as ‘not political.’ Everything is political. Economics, culture, the media, fashion, consumerism – they are all political. The statement ‘I am not political’ is in itself political. It is a politics that accepts the existing order and reinforces it. It is the politics of not taking responsibility.”

Even though she was talking about Israeli citizens, her sentiments ring true for American Jews as well.

At Johns Hopkins University we recently held our annual Israel Fair, a large campus-wide event. The event was advertised as a day to “learn about the history of Israel and all the amazing accomplishments that have been achieved over the past 64 years.” The event was fun. The falafel tasted delicious. The music was happy and familiar. And yet, something about the event was disconcerting.

I am the leader of our chapter of J Street U – the college arm of J Street, the American pro-Israel pro-peace group. As a co-sponsor of the event, we were told explicitly that this event was intended to be apolitical. Meaning, in effect, that there should be no discussion of the Israeli-Palestinian conflict, or the peace process in general. The goal of the organizers was to avoid creating an environment that could potentially elicit “anti-Israel sentiment.”

This type of event happens at campuses all across the country.

At the University of Michigan every year they have Israel Birthday Bash where the mainstream pro-Israel group sets up a big moon-bounce in the center of campus and distributes falafel and cake – along with facts about Israel’s achievements and history. Recently at the University of Maryland they celebrated Israel Fest, pitched as “a celebration of Israeli culture with free food, camel rides, inflatable activities, face painting, and more!”

There is nothing wrong with celebrating Israel’s successes, but doing so is only one part of the broader picture of how we should engage with Israel, and the way these successes are presented inevitably carries with it political implications.

All too often, events that are framed as “cultural” partner with national organizations that have explicit political agendas. I watched as pamphlets were distributed at our Israel Fair that reported on Israel’s human rights record, Israeli LGBT tolerance and Arab voting rights. Maps of Israel were disseminated. Fact sheets were passed out about the Israeli Defense Force and Israel’s humanitarian aid to other countries. I do not oppose these topics being discussed, however I reject the claim that these are somehow “not political.” They are.

One popular handout used on college campuses, including mine, is the StandWithUs “Pocket Facts” booklet.  Some “facts” from this booklet:

  • “Israelis resettled lands their families had owned in the West Bank, where Jews had lived for millennia until the 1948 War when they were expelled.”
  • “Iranian leaders are racing to build nuclear weapons.”

When the Chief of Staff of the Israeli military, Lt. Gen. Benny Gantz, says that Iran is likely not building a weapon, it is not a fact to say Iran is “racing to build nuclear weapons.” It might be a mainstream opinion, but it is certainly not a settled fact. When the Israeli Supreme Court has ruled repeatedly, in accordance with the law, that numerous settlements in the West Bank are built on Palestinian land, or land with contested ownership because it was not farmed by anyone for a certain number of years, it is not a fact to say that settlements are categorically built on land once owned by Jews, as implied by the StandWithUs literature. Let us be intellectually honest. These statements are opinions.

Israel fairs are great. We should have them. But they should also directly address the political situation Israel faces. And if they opt not to, we must acknowledge that these fairs are still political. Even when we engage in discussions about Israel’s technological achievements or their treatment of the LGBT community, we must be open about the political nature of these things. Politics does not have to be a dirty word.

More importantly, we’re not doing Israel any good by avoiding the peace process. We should be talking about the two-state solution, Hamas and the Palestinian Authority, Israeli settlements, and rocket attacks. All of these are crucial elements in envisioning and understanding Israel and its future. We should embrace the complexity, and give people actual answers instead of pretending that these issues don’t exist. This is how we can do justice to Israel, get more people involved in pro-Israel activism and show students that we trust them to be smart people.

Pro-Israel advocates cannot shield college students from the conflict. Students will read about it in newspapers. They will watch documentaries they find on Netflix. It is unavoidable. But let’s be proactive and embrace the challenges head on, precisely at a campus-wide event created to learn about Israel. We can provide people with the opportunity to develop a real, deep relationship with Israel, not just one that’s based on a universal love of falafel.