“An Enmity to One’s Being”: A Murder in Palestine

Put in mere prose, the event sounds so humdrum and everyday that the reader is apt to let it in through one ear, and let it out the other:

AFTER A TRIAL that lasted nearly four years, Ben Deri, a former member of Israel’s paramilitary border police force, was sentenced to nine months in jail on Wednesday for firing live ammunition through the chest of an unarmed Palestinian protester without having been ordered to do so.

But sometimes, seeing is believing, and sticks with you awhile:

People sometimes complain, justifiably, that video footage of a crime or atrocity distorts the event by truncation: you miss what preceded the footage, and what came after, to fixate unfairly on the slice in between. Harder to make that claim here. Continue reading →

Fred Schlomka on Holocaust Remembrance Day

I’m taking the liberty of copying and pasting this (public) Facebook post by Fred Schlomka, the founder and director of Green Olive Tours in Israel/Palestine. I’ve gone on maybe five or six of Green Olive’s tours over the past few years, and have made lifelong friends on them while learning things I would never otherwise have figured out about Israel and Palestine. I’m profoundly grateful to Schlomka as well as his staff and guides for enriching the experiences I’ve had there, and admire his willingness to speak his mind on topics that so often elicit silence and evasion.  Continue reading →

Hang ‘Em High: Abortion, Gaza, and the Gallows

This has now become the standard conservative line on the Kevin Williamson affair, care of Bret Stephens of The New York Times. The “you” refers to Kevin Williamson.

The case against you, as best as I can tell, rests on three charges. You think abortion is murder and tweeted — appallingly in my view — that doctors and women should perhaps be hanged for it. You believe “sex is a biological reality” and that gender should not be a choice. And you once boorishly described an African-American boy in East St. Louis, Ill., “raising his palms to his clavicles, elbows akimbo, in the universal gesture of primate territorial challenge.” …

Weighed against these charges are hundreds of thousands of words of smart, stylish and often hilarious commentary, criticism and reportage. …

Shouldn’t great prose and independent judgment count for something? Not according to your critics. We live in the age of guilt by pull-quote, abetted by a combination of lazy journalism, gullible readership, missing context, and technologies that make our every ill-considered utterance instantly accessible and utterly indelible. I jumped at your abortion comment, but for heaven’s sake, it was a tweet. When you write a whole book on the need to execute the tens of millions of American women who’ve had abortions, then I’ll worry.

We also live in an age — another one — of excommunication. This is ugly because its spirit is illiberal, and odd, because its consequences are negligible. Should The Atlantic foolishly succumb to pressure to rescind your job offer, you’ll still be widely read, presumably at National Review. If you’re really the barbarian your critics claim, you’re already through the gates.

The Atlantic did eventually rescind Williamson’s job offer, so I guess the barbarian has been ejected from the gates. Question in passing: if the consequences of the current spirit of excommunication are “negligible,” why the fuss? Continue reading →

The “Borders” of Gaza

The violence in Gaza is too recent and sparsely reported to permit substantive comment. Having traveled to that “border” last July, however, and spent some time exploring the region around “it,” I would offer the following bit of advice to anyone who wants to follow the news about “it.” First get clear on what “it” is. Then figure out whether the reporting you’re following is as clear as it ought to be on what “the border” is, where “it” is, who is allowed to do what “there,” and how “it” works in practice.

This is the relevant point, as described by B’Tselem:

Israel treats an area inside the Gaza Strip, near the border fence, as its own territory, using it to create a “buffer zone” inside the already narrow Strip. After the second intifada broke out, the military declared a vast area near the Gaza-Israel border, much of it farmland, off-limits to Palestinians. It never officially announced this policy or clarified to the residents which areas exactly were off limits to them, which increases the danger they face.

I highly recommend reading the whole B’Tselem page on Gaza (the source of that excerpt), and indeed, reading as much of their material as possible.  Continue reading →

Disruptions on Campus: There’s Always an Excuse for Israel

A passage from a blog post by Steve Horwitz at BHL:

Here are a few thoughts for college libertarians who are able to invite speakers to campus and how they might do so in the most productive ways.

Let me start by saying that the sort of interruptions we’ve seen this week with Yaron Brook and Christina Hoff Sommers are utterly unacceptable. Those who disrupt planned presentations with official permission to use space and students expecting a talk should be forcibly removed from the room and subject to the relevant disciplinary consequences. There should be no negotiating with anti-intellectual terrorists. They should feel free to ask questions when the time comes or protest outside the building in ways that do not prevent those who wish to attend from attending. No excuses.

A question for Horwitz et al: what if “those who disrupt planned presentations with official permission to use space” on campus call themselves “the Israel Defense Forces” (IDF) and are sent by something that calls itself the Civil Administration of Judea and Samaria? Should they be “forcibly removed”? Forcibly removing them is what a policy of “no excuses” would really entail. Continue reading →

Treason for the Goose

Isn’t what’s treason for the goose also treason for the gander? I’d have thought so. Maybe that’s why we should avoid making half-baked charges–or half-charges–of treason unless there’s a really good reason for doing so.

As for this…

With the possible exception of an American “levying war” against U.S. troops in a place like Afghanistan, “the biggest-picture takeaway is that there is no treason occurring on any side now,” said Jed Shugerman, a legal historian at Fordham Law School.

Fair enough. But I’d have thought that a good legal historian would enjoy a good hypothetical. For example: if Israel is at war with the Palestinians, and dual national Israeli-Americans join the IDF to shoot at Palestinian-Americans or Americans-in-Palestine, what exactly is the word for that? It’s not treason, I know. It’s not reason, either. But it’s always in season.

I guess there’s a widespread temptation to say “nullum nomen, nullum nominandum” in this case (roughly: “where there is no name, there is nothing to be named”). But maybe there shouldn’t be.

The Bottom Line on Jerusalem

France 24: “Israel’s Netanyahu Says US Embassy Could Move to Jerusalem within a Year.”

Reuters: “Trump Denies US Embassy to be Moved Within a Year.”

CNN: “US to Move Embassy by Year’s End, Netanyahu Says.”

Ha’aretz: “Trump Denies Netanyahu’s Claims that US Embassy Will Move to Jerusalem within Year.”

Calgary Herald: “Netanyahu Says US Embassy to Move to Jerusalem this Year.”

Jewish Press: “Trump Curbs Netanyahu’s Enthusiasm: No Embassy Move Any Time Soon.”

The New York Times: “U.S. Presses to Relocate Embassy to Jerusalem by 2019” (print version: “Trump Administration Presses to Relocate Embassy to Jerusalem by 2019.”)

NHK World: “Abbas: Jerusalem Could Be Gate to War.”

The Color of Rights: Malheur, Standing Rock, Palestine

About a year and a half ago, having spent a summer in Palestine and a week on Pine Ridge Indian Reservation, I ventured the observation on Facebook that three political disputes I’d “recently encountered” (in a loose sense of “encountered”) struck me as fundamentally similar in nature, and yet attracted fundamentally different constituencies. For brevity’s sake, let’s call them “Malheur,” “Standing Rock,” and “Palestine,” taking those as  shorthand designations for more complex things. Continue reading →

Fernando Teson: “Almost Everyone Has By Now Accepted the Two-State Solution”

Remember this gem from Fernando Teson, Tobias Simon Eminent Scholar at Florida State University’s College of Law?

Almost everyone has by now accepted the two-state solution for the Israeli-Palestinian dispute.

What a difference a few years makes, right? From “almost everyone has by now accepted” to “almost no one of consequence now accepts” in two short years. A fine day’s work. Almost makes you wonder what kind of knowledge the original claim was based on.

JERUSALEM — An emboldened Israeli right wing is moving quickly in the new year to make it far more difficult to create a Palestinian state, signaling its intention to doom hopes for a two-state solution to the conflict.

The actions have come on multiple fronts, as Prime Minister Benjamin Netanyahu’s party for the first time has urged the annexation of Jewish settlements in the West Bank, and the nation’s top legal officers pressed to extend Israeli law into occupied territory.

In addition, the Israeli Parliament, after a late-night debate, voted early Tuesday to enact stiff new obstacles to any potential land-for-peace deal involving Jerusalem, while abandoning at the last minute a measure that would have eased the way to rid the city of several overwhelmingly Palestinian neighborhoods.

Coming on the heels of President Trump’s recognition of Jerusalem as Israel’s capital in defiance of decades-old United States policy and international consensus, the moves showed that the Israeli right senses a new opening to pursue its goal of a single state from the Jordan River to the Mediterranean.

“We are telling the world that it doesn’t matter what the nations of the world say,” Public Security Minister Gilad Erdan told more than 1,000 members of Likud’s central committee on Sunday. “The time has come to express our biblical right to the land.”

If you think my title is in bad taste, what do you think of the calm serenity of Teson’s unretracted expression of blank ignorance masquerading as impartial, scholarly expertise? I guess there’s always the standard-issue Bleeding Heart Libertarian expedient of re-writing the original post and pretending not to have said what you did say.

No one has ever accused me of being calm, serene, impartial, scholarly, or an expert of any kind. But you’d be hard pressed to argue that I was wrong.

The Balfour Declaration: 100+ Years of Ethno-Nationalist Apologetics

Some food for thought, in “commemoration” of the Balfour Declaration, drafted 31 October 1917, adopted by the British Government 2 November 1917.

(1) Lord Arthur Balfour, speech to Parliament on the need for the British to retain control of Egypt (1910)

First of all, look at the facts of the case. Western nations as soon as they emerge into history show the beginnings of those capacities for self-government…having merits of their own…You may look through the whole history of the Orientals in what is called, broadly speaking, the East, and you never find traces of self-government. All their great centuries–and they have been great–have been passed under absolute government. All their great contributions to civilisation–and they have been great–have been made under that form of government. Conquerer has succeeded conqueror; one domination has followed another; but never in all of the revolutions of fate and fortune have you seen one of those nations of its own motion establish what we, from a Western point of view, call self-government. (Quoted in Edward Said, Orientalism, p. 33)

(2) Balfour Declaration, Zionist Draft (July 1917)

  1. His Majesty’s Government accepts the principle that Palestine should be reconstituted as the national home of the Jewish people.

  2. His Majesty’s Government will use its best endeavours to secure the achievement of this object and will discuss the necessary methods and means with the Zionist Organisation.

(3) Balfour Declaration, Final Draft, (finalized 31 October 1917, adopted 2 November 1917)

His Majesty’s Government view with favour the establishment in Palestine of a national home for the Jewish people and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine or the rights and political status enjoyed by Jews in any other country. (Both drafts quoted in Charles D. Smith, Palestine and the Arab-Israeli Conflict: A History with Documents, 8th ed., p. 94)

Continue reading →